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01/24/2002CITY COMMISSION MEETING CITY OF CLEARWATER January 24, 2002 Present: Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Absent: Brian J. Aungst Mayor/Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Vice-Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Oliver Jackson of Bridge of Love Ministries. The Vice-Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Approval of Minutes Commissioner Hamilton moved to approve the minutes of the regular meeting of January 10, 2002, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #4 - Citizens to be heard re items not on the Agenda Alice Thaler said the Sand Key Cabana Club Restaurant has been deteriorating since 1997, and is polluted with vermin. Building Official Kevin Garriott reviewed previous efforts to renovate the facility. Staff has obtained demolition bids and will bring this issue forward to the Commission in February 2002 for a decision regarding the high cost of the bids. Tom Sehlhorst said the City has cited him unfairly for illegal signs, stating the signs were permitted. Development Services Director Jeff Kronschnabl stated Mr. Sehlhorst’s allegations are not true and the signs are in violation of the Code. PUBLIC HEARINGS Item #5 - Res. #02-03 changing the name of Greenwood Avenue to Martin Luther King, Jr. Avenue, providing for a two-year transition period. PW The Clearwater/Upper Pinellas County Branch of the NAACP has requested the City Commission rename a prominent cross-town street after Martin Luther King Jr. The City Commission directed staff to draft a resolution changing the name of Greenwood Avenue, along its entire length, to Martin Luther King Jr. Avenue. Staff research indicates 284 residences and businesses will be affected by this street name change. The name change will be implemented over a two-year period. The City’s addressing system will require north and south designations be used for the renamed roadway. Item #6 addresses the renaming of the existing Martin Luther King Avenue to Douglas Avenue. This item has been advertised twice prior to this meeting in accordance with the advertisement requirements for a street vacation. Commissioner Hamilton moved to approve changing the name of Greenwood Avenue to Martin Luther King Jr. Avenue, providing for a two-year transition period and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-03 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-03 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. Item #6 - Res. #02-04 changing the name of Martin Luther King Avenue to Douglas Avenue. PW The City Commission directed staff to draft a resolution renaming Martin Luther King Avenue along its entire length to Douglas Avenue, the original name of the road, to permit the renaming of Greenwood Avenue to Martin Luther King Jr. Avenue. Staff has determined that two residences and two nonresidential uses are addressed on Martin Luther King Avenue, including the Martin Luther King Recreational Complex. The City’s cost to change the street name signs is approximately $250. This item has been advertised twice prior to this meeting in accordance with the advertisement requirements for a street vacation. Commissioner Gray moved to approve changing the name of Martin Luther King Avenue to Douglas Avenue, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-04 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-04 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. Item #7 - Res. #02-05 changing the name of North Gulfview Boulevard to Beach Drive. PW The City Commission directed staff to draft a resolution renaming North Gulfview Boulevard to alleviate confusion tourists may have locating South Gulfview Boulevard addresses when North Gulfview Boulevard is only one block in length. Staff has drafted a resolution and recommends renaming North Gulfview Boulevard as “Beach Drive.” Staff research indicates three owners own property on the subject street. City costs related to changing the street name signs is estimated at $100. This item has been advertised twice prior to this meeting, in accordance with advertisement requirements for a street vacation. Commissioner Jonson moved to approve changing the name of North Gulfview Boulevard to Beach Drive, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-05 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-05 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. Item #8 - Res. #02-07 changing the name of Vanderbuilt Drive to Vanderbilt Drive. PW The neighborhood has petitioned the City to change the street name from Vanderbuilt Drive to Vanderbilt Drive to alleviate any confusion or controversy that may exist regarding the spelling of this street name. Vanderbilt Drive is the platted name of the street on the west side of Old Coachman Road and Vanderbuilt Drive is the platted name of the street on the east side of Old Coachman Road. Staff recommends renaming the street Vanderbilt Drive along its entire length, in conformity with other neighborhood streets named after famous colleges. The June 2001 Hill Donnelly Cross-Reference Director for Clearwater and Vicinity lists addresses spelling the name of the street as “Vanderbilt” exclusively. Staff has determined the street name change will impact 24 residences on the south side of the street. The City’s cost to change the street name signs is approximately $500. Commissioner Hamilton approved changing the name of Vanderbuilt Drive to Vanderbilt Drive and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-07 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-07 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. Item #9 - Public Hearing - Declare as surplus for the purpose of conveying title to the City of Clearwater Community Redevelopment Agency (CRA) a portion of Block 3, Magnolia Park Sub. and portions of Blocks A and B, Coachman Heights Sub., with portions of vacated abutting and intervening right-of-way, all being more particularly described as Parcel 2 in Exhibit A, together with a portion of Tack and Warren Sub., and a portion of a vacated alley lying therein, being more particularly described as Parcel 3 in Exhibit A, for the total purchase price of $575,753.11. PW In 1999, the City purchased the subject properties for the Town pond project with proceeds from the issuance of the 1999 Stormwater Utility Revenue Bonds (Project Number 375-96125). Pursuant to a proposed Interlocal Agreement between the City and CRA (Community Redevelopment Agency) regarding the Mediterranean Village in the Park, the CRA intends to purchase the property from the City. The proposed Development Agreement between the CRA and Balk requires the CRA to sell the subject property to Balk for the construction of Phase III of the planned Mediterranean Village in the Park townhouse development. The purchase price will reimburse Stormwater Utility for its full investment in these parcels. Sale proceeds will accrue and be used toward completion of the Town Pond project in the 1999 Stormwater Bond Construction Fund. Sale proceeds will be recorded as revenue from the issuance of the 1999 Stormwater Revenue Bonds in the project. Commissioner Jonson moved to declare as surplus for the purpose of conveying title to the City of Clearwater Community Redevelopment Agency (CRA) a portion of Block 3, Magnolia Park Sub. and portions of Blocks A and B, Coachman Heights Sub., with portions of vacated abutting and intervening right-of-way, all being more particularly described as Parcel 2 in Exhibit A, together with a portion of Tack and Warren Sub., and a portion of a vacated alley lying therein, being more particularly described as Parcel 3 in Exhibit A, for the total purchase price of $575,753.11. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #10 - Ord #6930-02 - vacating the northerly 3 feet of the 10 foot drainage and utility easement lying along the south property line of Lot 10, Block "B", Northwood Estates Tract "C", (AKA 3089 Cascade Drive), as recorded in Plat Book 75, Page 65, of the Official Records of Pinellas County, Florida (Hook, V2001-26) CA6 The City Attorney presented Ordinance #6930-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6030-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. CITY MANAGER REPORTS CONSENT AGENDA (Items #11-19) - Approved as submitted. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. ITEM #11 - Approval of Purchases per Purchasing Memo: 1) Purchase to replace two (2) Chevrolet Sierra 1500 pickup trucks from Garber Auto Mall for $33,202. CGS/SW 2) Purchase to replace one 2002 Case 588G forklift from Briggs Equipment for $36,692. SW 3) Purchase one 2002 Ford F-350 with 10 foot no walk-in rescue box from Fire Fighting Innovations, Inc. for $78,641. FD ITEM #12 - Approve an agreement with District Board of Trustee of St. Petersburg College, Florida for AmeriCorps-Pinellas Project for support of membership. PD ITEM #13 - Increase the amount of the professional services contract with Walker Parking exceed $97,000 for Condition Appraisals and Restoration Services in accordance with section 2.564(1)e (code of ordinances-impractical to bid). PW ITEM #14 - Approve Change Order No. 6 to Harvey - Taddeo, Inc. of Oldsmar, Florida for the contract amount by $71,504.02, and approve a time extension of 60 days. The new contract total of $1,623,579.59. PW ITEM #15 - Accept $3,500,000 grant from and Approve the Conceptual Approval Agreement with the Florida Communities Trust for acquisition of the Friendly Village of Kapok Manufactured Home Community property. PW ITEM #16 - Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District and the City of Clearwater accepting funding for Kapok Wetland and Floodplain Restoration Project in the amount of $3,000,000. PW ITEM #17 - Approve work order Supplemental Agreement Number 4 to HDR Engineering, Inc. for post-design services for the Memorial Causeway Bridge in an amount not to exceed $455,700. PW ITEM #18 - Approve the Interlocal Agreement between Pinellas County and municipalities within Pinellas County and the City of Clearwater's $5,000 financial contribution to the American Assembly process. CM ITEM #19 – Right-of-Way and Utilities Easement (Curtis) CA Commissioner Hamilton moved to approve the Consent Agenda as submitted, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #20 - Approve acceptance of a $1,726,875 grant and corresponding Conceptual Approval Agreement with Florida Communities Trust (FCT) for the acquisition of 4.34 acres of land, commonly known as the Bayview Park. PR The City, in partnership with TPL (Trust for Public Land), applied for funding to acquire 4.34 acres of land, commonly known as Bayview Park, and was selected for funding in December 2001. The agreement provides up to 75% of the acquisition costs of the appraised value of the property, not to exceed $2,302,500. The remaining 25% of the purchase price of $575,625 will be funded by matches: 1) $250,000 from Pinellas County; 2) $250,000 from the City; and 3) $75,625 from TPL private fundraising, if needed. On August 16, 2001, the City Commission approved matching funds for the City portion of the grant from retained earnings of the General Fund. TPL is negotiating a purchase price for the property, which will be used as a passive park with minimal development, such as mulched nature paths, educational signage, picnic area, and boardwalk to access sandy beach area on Old Tampa Bay. Remnants of the old mobile home park will be removed and the uplands will be vegetated with native flora. Staff is developing a management plan to determine necessary improvements. Phased park improvements are estimated to cost $180,000. Staff estimates ongoing maintenance costs at $50,000 to $75,000, annually. When the development timeline is implemented, necessary funds will be included in operating budget requests. Alternative funding sources will be explored. Commissioner Hart said, on advice of personal counsel, he has a conflict, must recuse himself from discussion of this item, and abstain from voting. Commissioner Gray moved to approve acceptance of a $1,726,875 grant and corresponding Conceptual Approval Agreement between FCT (Florida Communities Trust) and the City for the acquisition of 4.43-acres of land, commonly known as the Bayview Park, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Gray, Hamilton, and Jonson voted “Aye”; Commissioner Hart abstained. Motion carried. ITEM #21 - First Reading Ord #6926-02 revising Appendix A, Schedule of Fees, Rates and Charges, V. Buildings and Building Regulations (E47.087), code of ordinances, to add a flat fee of $40 for tent permits related to approved neighborhood activities. DS The current fee for tent permits is $40 for a tent up to 20 feet by 40 feet in size and $50 for larger tents. There is no separate fee for tents erected for neighborhood block parties approved by the Neighborhood Services Division. In this situation, each tent is subject to a fee. Staff recommends amending the fees to include a flat fee of $40 to erect one or more tents for a neighborhood event approved by the City’s Neighborhood Services Division. Commissioner Hamilton moved to revise Appendix A, Schedule of Fees, Rates and Charges, V. Buildings and Building Regulations (47.087), code of ordinances, to add a flat fee of $40 for tent permits related to approved neighborhood activities. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6926-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6926-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. ITEM #22 - Adopt Res. #02-02 approving the All Requirements Gas Services Agreement with Florida Gas Utility (FGU) and necessary documents to accomplish same. CGS Staff requests the City Commission to approve this new Gas Services Agreement with FGU (Florida Gas Utility). On September 28, 2000, the City Commission approved the original Gas Services Agreement that allowed the City to become a FGU member. The new All Requirements Gas Services Agreement has many changes to the current agreement. Major changes require: 1) longer notification period to leave FGU and 2) obligation to purchase from FGU 100% of CGS (Clearwater Gas System) gas supply purchases. The agreement also provides the ability to offer CGS financial products/ risk management consulting. Membership of FGU, a not-for-profit joint action agency, is made up of 22 Florida cities, including Clearwater. FGU requests a new contract to create a more stable, long-term agency. The obligation for 100% of member’s gas supply and a longer notification period will create a stronger credit relationship between FGU and gas suppliers. Since joining FGU, CGS (Clearwater Gas System) has purchased its entire new supply needs through FGU, and intends to continue to do so. A stronger credit rating will allow FGU to purchase gas from a larger list of suppliers at potentially lower prices. Previously, a lack of such contracts has impeded FGU’s ability to obtain the lowest cost gas purchases. FGU’s ability to offer financial products to CGS will help reduce CGS’s financial risk when gas prices are high. To continue its FGU membership, the City Commission must approve a new Resolution and All Requirements Gas Services Agreement or direct staff to provide a $1,033,000 letter of credit on behalf of FGU. The Finance Director opposes tying up City money for this purpose. Staff recommends approval of the All Requirements Agreement as the most appropriate action. In response to a question, Assistant City Manager Garry Brumback said while this action will continue a current agreement, major changes in the contract now will require a longer notification period to leave FGU and an obligation to purchase from FGU 100% of CGS gas supply purchases. Commissioner Gray moved to approve the All Requirements Gas Services Agreement with FGU (Florida Gas Utility) and necessary documents to accomplish same, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-02 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-02 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. ITEM #23 - Presentation - Newsracks Development Services Manager Bob Hall said the City Newsrack Ordinance had been initiated by citizen complaints. Staff conducted site evaluations and identified 51 problem sites with newsrack blight, related to: 1) too many racks; 2) poor conditions; and 3) many garish colors. Monthly meetings were attended by staff and publisher and sales representatives of the Coalition of Publishers, which represents more than 60 publishers. It was recommended the Code be changed to address newsrack color, size, number, and safety issues. The first code change for newsracks was implemented on June 29, 2000. Amendments were approved on August 3, 2000 and July 12, 2001. The Code limits the height of newsracks to 55 inches and requires at least 100 feet between racks. Flexible standards apply to downtown, and the tourist and commercial districts. Current Code: 1) allows two newsracks together if they are the same color; 2) allows newsracks to be a maximum of eight feet in length; 3) requires three or more publications at one site to locate in one metal modular rack; 4) requires the color of newsracks in rights-of-way to be muted earth tones. Improvements were achieved by voluntary compliance or other actions. Mr. Hall said the publishers group was extremely cooperative. All newsracks have been removed from problem sites at: 1) K-Mart on Gulf-to-Bay Boulevard; 2) corner of Ft. Harrison Avenue and Belleair Road; 3) beach roundabout; 4) Best Buy frontage on US 19N; 4) corner of Ft. Harrison Avenue and Drew Street; and 5) 2209 Gulf-to-Bay Boulevard. Regarding other identified sites: 1) Adams Mark hotel - plan submitted to bring rack into compliance; 2) 2312 Gulf-to-Bay Boulevard - publications relocated to metal modular rack; 3) Downtown Post Office - publications relocated across sidewalk to metal modular rack; 4) ABC Store US 19N frontage - publications relocated to metal modular rack; 5) Burger King on Gulf-to-Bay Boulevard - publications relocated to metal modular rack; and 6) Missouri Avenue at Kingsley - publications relocated to metal modular rack. Mr. Hall said future staff actions related to the Newsrack Ordinance include continued assessment of the code, continued compliance of identified sites, follow through with publishers for removal of non-complying newsracks, and enforcement efforts, if necessary. The Commission thanked staff, coalition members, and publishers for their help with this issue and complimented their efforts. It was noted this cooperative partnership between businesses and the City was successful. ITEM #24 - Presentation - State Building Code Building Official Kevin Garriott reviewed changes to the Florida Building Code, approved by the State Legislature on June 8, 2001 and effective March 1, 2002. He expected minor amendments will occur. Legislative action sunsets City ordinances which adopt SBCCI (Southern Building Congress International) Codes. The City’s current building code is based on SBCCI Codes, also called the Southern Building Code. After Hurricane Andrew, the Governor appointed a 23-member commission in 1996 to evaluate the State’s code system and recommend legislation. The Florida Building Codes Study Commission was tasked with establishing/maintaining minimum codes, interpreting the code, providing or making provision to provide education, and developing a product approval process. The intent was to unify the codes of South Florida, Disney, and SBCCI. The Commission submitted their recommendations to the Florida State Legislature in 1998. The new Code, while based on the 1997 SBCCi Code with provisions for Dade and Broward counties, changes approximately 5% of the SBCCI Code. The Codes are listed in sections of one book: 1) building; 2) pool; 3) plumbing; 4) mechanical; 5) handicapped/ accessibility; and 6) energy. The new code defines Dade and Broward counties as a High Velocity Hurricane Zone and Pinellas County as a Wind-Borne Debris Region with emphasis on the protection of openings. Exceptions to the Code include: 1) federal government buildings; 2) railroads and facilities; 3) nonresidential farms; 4) temporary construction buildings; 5) temporary offices in mobile homes; 6) special electrical utilities; 7) TV/Movies temporary sets; and 8) Miccosukee and Seminole Tribe Chickee huts. The new code combines all building codes into one book. While the new Wind Speed Design Criteria is calculated differently than in the current Code, the results are similar. The new code requires a structure to have shudders and/or impact resistant glass, or it be designed and constructed with structural integrity and tie-down mechanical fasteners. Wind loaded garage doors already are required. Mr. Garriott said the statewide code will have a long learning curve as related issues, not currently addressed, occur. In response to a question, he said if homeowners replace their windows, the new ones must be made of impact resistant glass or be protected by shutters. This requirement will be waived if the homeowner can prove the structure was designed and constructed with structural integrity, including tie-down mechanical fasteners. New requirements are not retroactive to existing construction. Existing homes are required to have wind-loaded garage doors. He did not anticipate problems related to the new building code. ITEM #25 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #26 - Other City Attorney Items - None. ITEM #27 - City Manager Verbal Reports City Clerk Cyndie Goudeau encouraged awareness of new touch screen technology, which will be used for the March 12, 2002, election. Demonstrations will be scheduled in the community and in the City Clerk Department. The City Manager stated some residents have chronic problems dealing with staff and use the Citizens to be Heard format to air their grievances. Staff is careful to act appropriately with each citizen’s concerns. ITEM #28 - Other Commission Action The Commission said they had participated in the Martin Luther King Day festivities and complimented the Clearwater/Upper Pinellas County Branch of the NAACP for inviting inspiring speakers for the event. Commissioner Jonson said the draft of the settlement agreement between the County and billboard industry is not yet available. He expressed concern that as the settlement negotiations approach conclusion, it will be harder for changes to be made. He felt the City should have an opportunity to comment on the proposal(s). Commissioner Jonson moved to direct staff to obtain information from the County regarding the resolution related to billboard removal and to request the County to delay finalization of the settlement until the City has time to review the draft settlement agreement language and make comment. The motion was duly seconded. Discussion ensued with concerns expressed it may not be appropriate for the City to involve itself in a County settlement. It was stated the City worked with the County to address billboard problems since 1991 and billboards in enclaves adjacent to Clearwater impact the City. The City Manager stated the only way to influence the process is to provide input now. The City Attorney said the City can request draft documents, assuming they exist. The City Manager said the settlement agreement could impact City efforts to remove billboards. Commissioner Jonson amended the motion to request information from Pinellas County regarding the proposed settlement agreement related to billboard removal in time for the City to respond and make comment. The seconder accepted the amendment. It was requested any issues of concern be brought to the City Commission. Upon the vote being taken, the motion, as amended, carried unanimously. Commissioner Jonson encouraged residents to get to know their neighbors and enhance community unity. Commissioner Hamilton offered condolences to the family of Clearwater High School Senior Ricky Teal, who was killed in a vehicular accident last week. He hoped young people learn from this tragedy to be more vigilant when they drive. Commissioner Hart said he had participated in the 11th Annual Teachers’ Appreciation breakfast at the Long Center. Commissioner Hart said he had attended the Miniature Arts Society brunch. Their 27th Annual International Art Show will be held January 20 - February 10, 2002 at the Dunedin Art Center. Admission is free. Commissioner Hart said he had helped with the Florida Huddle Press Conference with the tourism industry. Hotel owners have reported business is improving. Commissioner Hart said firefighters and their spouses arrived today as part of the Clearwater 4R (Rescue and Recovery, Rest and Relaxation) Program, a partnership of Clearwater citizens and firefighters. Local hotels and businesses have contributed to make the stay memorable for those who contributed to September 11, 2001, rescue efforts. ITEM #29 – Adjournment The meeting adjourned at 7:14 p.m.