02/21/2002CITY COMMISSION MEETING
CITY OF CLEARWATER
February 21, 2002
Present: Brian J. Aungst Mayor/Commissioner
Ed Hart Vice-Mayor/Commissioner
Whitney Gray Commissioner
Hoyt P.
Hamilton Commissioner
William C. Jonson 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 Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Rusty Belcher, First United Methodist Church. The 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 - Introduction and Awards
a) Service Award
One service award was presented to a City employee.
b) Proclamation: Library Appreciation
Month – February 2002
ITEM #4 - Presentations
a) Clearwater Community Sailing Center Sailability 501(c)3 Program was awarded "Outstanding New Program" for year by the Community Sailing
Counsel of U.S. Sailing.
The Clearwater Community Sailing Center was presented a plaque in recognition of the “Outstanding New Program” award from the community Sailing Counsel of
U.S. Sailing for its Sailability Program, which provides sailing opportunities to those with physical disabilities.
b) Dan & Nadine Carlisle will present a $10,000 mock check for
the Clearwater Community Sailing Association.
Dan and Nadine Carlisle presented a $10,000 mock check, representing their donation to the Clearwater Community Sailing Center for the
Clearwater Community Sailing Association. Mr. and Ms. Carlisle were thanked for their generosity and many contributions to the community.
c) Florida Huddle Update
Greater Clearwater Chamber of Commerce representative Mike Meidel reported over the January 22, 2002 weekend, Pinellas County had hosted its first conference
for travel writers and tourism service purchasers. Chamber members entertained many participants in Clearwater and provided them with opportunities to experience local activities following
the conference. He thanked the City Commission for their participation and presented a framed Clearwater poster to the City and goody bags to Commissioners.
d) Award from Coalition
of Clearwater Homeowners Association
Coalition of Clearwater Homeowners Association Co-Presidents Sandy Curry and Lucille Casey presented Assistant City Engineer Tom Miller, who is
resigning for a position in Georgia, a plaque for outstanding service to the City and its neighborhoods. Mr. Miller thanked the association and City for opportunities afforded him.
ITEM #5 - Approval of Minutes
Commissioner Hamilton moved to approve the minutes of the regular meeting of February 7, 2002, as recorded and submitted in written summation by the
City Clerk to each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #6 - Citizens to be heard re items not on the Agenda - None.
PUBLIC HEARINGS
ITEM #7 -
Public Hearing & First Reading Ord #6936-02 - vacate the 15-foot sanitary sewer easement lying over the 15-foot vacated alley which lies within Block 3, "Plot of the Wallace Addition
to Clearwater," as recorded in Plat Book 3, Page 6 of Official Records of Hillsborough County, Florida of which Pinellas County was formerly a part (AKA 601-639 South Fort Harrison Avenue)
(V2002-01 White/Publix). PW
The proposed vacation is associated with the redevelopment of the subject property into a Publix retail center and bank. A City sewer line is in the easement.
The applicant will bear all costs related to removal and relocation of the sewer line. No other utilities are located or permitted within the existing easement. Public Works Administration
has no objections to the vacation request.
Commissioner Hart moved to approve the applicant’s request to vacate the 15-foot sanitary sewer easement lying over the 15-foot vacated
alley which lies within Block 3, "Plot of the Wallace Addition to Clearwater," as recorded in Plat Book 3, Page 6 of Official Records of Hillsborough County, Florida of which Pinellas
County was formerly a part, (AKA 601-639 South Fort Harrison Avenue). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6936-02 for first
reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6936-02 on first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #8 - Public Hearing & First Reading Ord #6928-02 approve text amendments to the Community Development Code. PLD
Planning
Department staff is charged with reviewing the Community Development Code annually to determine if additions, deletions, or revisions are needed to improve the Code’s administration
or imposed regulations. Staff has conducted its review and comprehensive amendments are being proposed. A list of proposed amendments was presented at the January 7, 2002 Work Session
when the Commission provided direction regarding issues related to the transfer of development rights, vending machine signage and concentration, and tree replacement requirements.
The Commission also directed staff not to include certain proposed amendments.
Planning Director Cyndi Tarapani reviewed the Code amendment process, which included 8 public meetings,
and proposed changes. Based on the Work Session discussion, staff will do additional research regarding the proposed size of attached signage permitted under a comprehensive sign application
and bring back recommended Code amendments in April. Proposed amendments also address boats within extended property lines and clarifying that appeals to Hearing Officers are based
on the record. Staff may present additional amendments to the Commission later this year.
Staff has discussed proposed language related to the transfer of development rights with
the PPC (Pinellas Planning Council) for consistency with PPC rules. The CDB (Community Development Board) held a public hearing regarding the Code amendments and continued the hearing
until March 19, 2002.
One citizen expressed concerns related to signage and non-conforming properties. Another citizen expressed concern regarding prohibiting vegetation in rights-of-way,
how to verify a tree to be removed is diseased and transfer of development rights. One citizen expressed concern regarding on-site portable storage units being allowed to remain for
the duration of an emergency in residential areas. One citizen spoke in support of transfer of development rights language.
Staff will discuss concerns with any resident who has comments
regarding proposed Code amendments. In response to expressed concerns, Ms. Clayton stated language related to landscaping in rights-of-way has been amended. Shrubs and vegetation may
not extend over sidewalks. Staff arborists had recommended language to amend the tree ordinance and will determine if trees are healthy.
Mr. Tarapani stated determining the length
of an emergency related to the need for on-site portable storage units is difficult. She recommended allowing residents short-term access to personal effects during an emergency. In
response to a question, she said dumpsters are permitted in front yards during construction. It was recommended the time portable units are permitted in front yards during emergencies
be limited. Discussion ensued regarding how to determine a reasonable time limit.
Consensus was for staff to return with appropriate language defining an emergency and establishing a maximum time portable storage units may be on site.
It was stated 1998 changes
to the sign code were significant, burden businesses, and had been adopted with little public discussion. Support was expressed for the direction of proposed changes.
It was requested
staff forward proposed revisions to Commission members as soon as they are ready. Staff is forwarding the proposed transfer of development rights language to the PPC for a formal response.
Commissioner Hamilton moved to continue Item #8 to April 18, 2002. The motion was duly seconded and carried unanimously.
ITEM #9 – Public Hearing & First Reading Ord # 6924-02
- Land Use Plan Amendment for property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision in Section 19-29S-16E) (Bradford Scott Corporation)
LUP 01-09-08 PLD
AND
ITEM #10 – Public Hearing & First Reading Ord # 6925-02 – Rezoning for property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford
Court Subdivision in Section 19-29S-16E) (Bradford Scott Corporation) LUZ 01-09-08 PLD
The 4.3-acre vacant rectangular site, with limited frontage on US 19N, is between Nursery Road
and Harn Boulevard. The request will allow the applicant to construct 64 townhouses. Commercial zoning does not permit residential development without a mixed use. The request is
compatible with nearby uses. The property does not lend itself to commercial development due to its limited frontage and visibility on US 19N. The project will serve as a transition
between more intensive multi-family uses and commercial uses. Staff has determined the proposed land use plan amendment and rezoning are consistent with the Code. The item must be
sent to the DCA (Department of Community Affairs) for review prior to second reading.
Representative Todd Pressman stated the proposal is a down zoning, and will lessen impacts.
In response to a question, Planning Manager Gina Clayton said the Code does not address down zoning specifically but does encourage a variety of land uses to accommodate different types
of development. In response to a question, Mr. Pressman said the purchase of additional property is under contract and may change the development’s access. Currently, project access
is from only US 19N.
Commissioner Hart moved to approve a Land Use Plan Amendment from Commercial General (CG) Category to Residential Medium (RM) Category, and a Zoning Atlas Amendment
from Commercial (C) Zoning District to Medium Density Residential (MRD) Zoning District for 19034 US 19N at Lot 1, Bradford Court Subdivision in Section 19-29S-16E. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6924-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6924-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6925-02 for first reading and
read it by title only. Commissioner Jonson moved to pass Ordinance #6925-02 on first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton,
Jonson and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #11- 24) - 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 Memorandum:
a) Purchase to replace two and one addition three(3) Chevrolet Silverado 3500 cab and chassis from Maroone Chevrolet for $68,698.
b) Purchase
to replace two (2) Chevrolet Silverado 3500 HD cab and chassis with utility body from Maroone Chevrolet for $58,177.)
c) Purchase equipment corrosion control (prep and paint), Gemini,
Inc. for $98,000.
d) Purchase contract - April 1, 2002 through March 31, 2003 - for gas material, steel pipe, and fittings from M.T. Deason Co., Inc. for $68,000.
e) Purchase to replace
two (2) - 2002 John Deere tractors from John Deere Company for $61,357.50.
ITEM #12 - Adopt City Commission Policy Statement to establish criteria for Waiver/Reduction of Lot Clearing
and Nuisance Abatement/Demolition Liens.
ITEM #13 - Award a contract to Gemini Inc. of Tarpon Springs, Florida for $24,000 to paint the Parks Beautification Complex (507 Vine Avenue)
ITEM #14 - Approve a fifteen year lease and a subsequent renewable lease extension for up to 30 years between Pinellas Community Center, Inc. AKA the Long Center and the City to lease
City land for the operation of a facility for public recreation currently known as The Long Center, including an annual lease payment by the City.
ITEM #15 - Ratify and confirm the additional transfer of $43,807.50 to the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary
sewer facilities impacted by FDOT's SR 595 (Alt. US 19/Fort Harrison Ave.) Roadway Improvement Project.
ITEM #16 - Approve Supplemental Work Order #1 in the amount of $18,000 to Tampa
Bay Engineering, Inc., for additional utility relocation design services being performed in conjunction with the Florida Department of Transportation's (FDOT) SR 55/US 19N (CSX RR to
south of Enterprise Rd.) Roadway Improvement Project.
ITEM #17 - Award a contract to DMS Environmental, Inc., in the amount of $135,000 for smoke testing of sanitary sewer lines at
various locations throughout the City of Clearwater, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Port Orange, Florida contract.
ITEM #18 - Award a contract for
legal advice concerning the FDEP consent agreements with Akerman, Senterfitt & Eidson, P.A. not to exceed the amount of $10,000.
ITEM #19 - Approve amendment of the Capital Improvement
Program (CIP) to restructure current stormwater utility funding by reducing project budgets by $306,300.92 of stormwater revenue and $6,628,284.45 of FY 1999 revenue bond proceeds for
a total decrease of $6,934,585.37 and increasing project budgets by $18,135,387 of FY 2002 revenue bond proceeds, $3,100,000 of grant revenue from the Southwest Florida Water Management
District (SWFWMD), $1,500,000 of grant revenue from a Florida Department of Environment Protection (FDEP) water resource grant and $277,000 of lease purchase revenue for a total increase
of $23,012,387.00 resulting in a net budget increase of $16,077,801.63.
ITEM #20 - Approve amendment to the FY 2002 Stormwater Utility Fund annual operating budget increasing stormwater
fee revenue by $1,366,110; adding two FTE positions (Research Environmentalist and Senior Accountant) at an increase of $59,100 including benefits; upgrading an Environmental Technician
position to a Research Environmentalist at an increase of $1,650 including benefits; upgrading four Public Service Technician II positions to Public Service Technician III positions
at a total increase of $5,400 including benefits; increasing debt service by $53,000 for the lease purchase of a Grade-All excavator, well points and headers, and laptop computers for
field operations; increasing internal service charges by $28,000 for maintenance of and support for the excavator and computers; increasing other equipment service by $3,000 for maintenance
of the well points and headers; increasing principal transfers to debt service funds by $329,000 and interest transfers to debt service funds by $634,000 to provide funding for debt
service on the 2002 revenue bonds when issued for a total operating budget expenditure increase of $1,113,150 and a total net budget revenue increase of $252,960.
ITEM #21 - Special
Warranty Deed - Greenwood Apartments
ITEM #22 - Sidewalk Easement - Kurdi Inc.
ITEM #23 - Appoint Commissioner Jonson to represent the Commission as the Canvassing Board for the
March 12, 2002, General Election.
ITEM #24 - Authorize the City Attorney to hire Thompson, Sizemore, and Gonzales to represent the City and James Wood and to obtain additional outside counsel to represent Donald Brown
in the matter of Katherine Palisano v. City of Clearwater, et al. in the total estimated amount of $60,000.
In reference to Item #14, Parks & Recreation Director Kevin Dunbar reported
the Legal Department had reviewed the agreement and determined the property had been leased during the facility’s construction between 1986 to 1991. As the City Charter requires consideration
of that time, the length of this agreement has been reduced to 15 years. A 30-year renewal is possible at the end of this agreement.
Commissioner Jonson 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
#25 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
Resolutions
ITEM #26 - Res #02-14 Assessing a lien against 1130 Engman Street in the amount of $4,771.24 for demolition
costs without consent of owner.
The City Attorney presented Resolution #02-14 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-14 and authorize
the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #27
- Other City Attorney Items
a) Establish compensation of Assistant City Attorney IIs in SAMP 6 band and Assistant City Attorney Is in the SAMP 5 band. Authorize a one-time special
equity increase in the salaries of Paul Richard Hull and Leslie Dougall-Sides, Assistant City Attorney IIs at an estimated amount of $12,993.
The City Charter states the City Attorney
shall establish and the City Commission shall approve compensation for Assistant City Attorneys, who hold positions of significant responsibility and are charged with making decisions
critical to the City. Assistant City Attorney positions are unclassified and not associated with any SAMP (Supervisory, Administrative, Managerial, and Professional) level. The scope
of responsibility, independence, and authority exercised by Assistant City Attorney IIs is comparable to department directors.
SAMP 6 salaries range from $60,000 to $110,000. Recent surveys indicate the average yearly salary for Assistant City Attorney IIs in comparably sized Florida cities ranges from $59,140
to $96,181, with a mean of $ 90,115. The comparable SAMP band for Assistant City Attorney IIs is SAMP band 6.
Assistant City Attorney Is exercise responsibility and authority comparable
to Assistant Department Directors. SAMP 5 band salaries range from $40,000 to $90,000. Recent surveys indicate the average yearly salary for Assistant City Attorney Is in comparably
sized Florida cities ranges from $42,368 to $70,235, with a mean of $52,695. The appropriate SAMP band for Assistant City Attorney Is is SAMP band 5.
As of January 1, 2002, Assistant
City Attorney II Paul Hull, an attorney for 24 years, has 11 years of service with the City. His salary is 9% below the average for comparable Florida cities and counties. A one-time
equity 9% increase is recommended.
As of January 1, 2002, Leslie Dougall-Sides, Assistant City Attorney II, an attorney for 23 years, has 6.5 years of service with the City. Her salary
is 23% below the average for comparable Florida cities and counties. A one-time equity increase of 20% is recommended.
Hereafter, salary increases shall be in accordance with annual
SAMP increases.
In response to a question, the City Attorney estimated the annual impact of the request is $20,000, not including future SAMP salary increases. In response to a question,
she said prior to 1994, the City Commission had set Assistant City Attorney salaries. During her tenure, Assistant City Attorneys have received SAMP increases. However, salaries have
fallen behind comparative salaries in other jurisdictions and internal City salaries and benefits. It was recommended this issue be discussed in the future during the budget process
to allow the City Attorney latitude regarding salary increases. The increased compensation will come from retained earnings. It was noted the Legal Department had returned $99,000
to retained earnings last year.
Commissioner Gray moved to establish compensation of Assistant City Attorney IIs at the SAMP 6 band and Assistant City Attorney Is at the SAMP 5 band
and to authorize a one-time special equity increase in the salaries of Paul Richard Hull and Leslie Dougall-Sides, Assistant City Attorney IIs and that the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
b) Schedule Attorney-Client Session - Granite State Outdoor Advertising v. City
The City Attorney requested
an attorney/client session regarding Granite State Outdoor Advertising versus the City be scheduled for March 7, 2002, at 4:45 p.m. Consensus was to so schedule.
ITEM #28 - City Manager
Verbal Reports - None.
ITEM #29 - Commission Discussion Items
a) Amendment to the Interlocal Agreement Creating a Tampa Bay Regional Planning Council - Jonson
The City Attorney summarized the TBRPC (Tampa Bay Regional Planning Council) request
to amend its member agreement to allow the agency to borrow money to construct or purchase a building, which currently is not permitted. Agreement language has not been finalized.
Member governments in the multi-county region would be responsible, on a pro-rated basis, for related costs should the agency disband. She said that action is unlikely as the 40 year-old
agency is charged with State and Federal statutory powers. The City’s maximum exposure has not been determined as the agency has not decided the amount it needs to borrow. TBRPC currently
rents its offices. The agency is requesting member government support of the proposed plan. In response to a question, the City Attorney said the City’s liability cannot be determined
until the proposal is submitted. Finance Director Margie Simmons said should TBRPC disband, the City would receive a percentage of its assets as well as its debts.
Consensus was
to allow the amendment to the Interlocal Agreement creating TBRPC to come forward.
b) Reschedule August 15, 2002 Clearwater City Commission Meeting due to conflict with Florida League
of Cities.
City Clerk Cyndie Goudeau reported the August 15, 2002, City Commission meeting conflicts with the Florida League of Cities conference.
Consensus was to reschedule
the August 2002 City Commission meetings to August 8 and 22 and reschedule the Work Sessions to August 5 and August 19, 2002.
ITEM #30 - Commission Action
Commissioner Gray stated
she had attended the 7th anniversary of the Downtown Farmers Market, which is open on Wednesdays and Saturdays 8 a.m. to 1 p.m. She encouraged everyone to go.
Commissioner Jonson
requested Commission comment on the County’s proposed billboard settlement.
Commissioner Jonson invited residents to attend the public TBRPC visioning meeting at the Largo Cultural
Center on March 21, 2002 from 2:00 to 6:00 p.m.
Commissioner Jonson thanked the City’s Police and County’s Sheriff’s departments for working together well and apprehending bank robbers.
Commissioner Jonson encouraged citizens to acquaint themselves with Commission candidates and the new voting machines and to vote on March 12, 2002.
Commissioner Hamilton congratulated
the Clearwater High School Junior Varsity Basketball Team for their undefeated season.
Commissioner Gray wished a Happy eighth Birthday to Bren and a Happy thirteenth Birthday to Kayleigh.
Mayor Aungst said he had telephoned the St. Petersburg Times, requesting the
newspaper not print a personal opinion letter he had written them and inadvertently signed as Mayor.
Mayor Aungst reported he had attended the Police Athletic League’s annual award
breakfast in St. Petersburg on February 14,2002.
Mayor Aungst stated today he had attended the Clearwater Lawn Bowls Club annual tournament and charity kick-off, which this year benefited
the RCS Food Pantry.
Mayor Aungst said today he had toured the Clearwater Free Clinic, which has an increased patient load. The program is a model, studied by other clinics.
Mayor
Aungst will judge a Safety Slogan contest at the Police Department tomorrow.
Mayor Aungst reported the annual Friends of the Library Luncheon will be at the Harborview Center tomorrow.
Mayor Aungst said the Regional Chamber of Commerce is hosting the Philadelphia Phillies & “Phanfest” at Jack Russell Stadium tomorrow night.
Mayor Aungst reported the Clearwater
American and Clearwater National Little League kickoff is at Sid Lickton Field on February 23, 2002.
Mayor Aungst said the Clearwater For Youth banquet is scheduled for Saturday night
at the Sheraton Sand Key.
Mayor Aungst stated the next Work Session is scheduled for March 4, 2002 at 9:00 a.m.
ITEM #31 - Adjournment
The meeting adjourned at 7:33 p.m.
___________
__________________
Mayor-Commissioner
ATTEST: ___________________________
City Clerk