03/07/2002CITY COMMISSION MEETING
CITY OF CLEARWATER
March 7, 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 Father Doug Zimmerman, Holy Trinity Episcopal Church in Countryside. The Mayor led the
Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily discussed in that order.
Presentation
Public Communications Director Jackii Molsick previewed the new look for C-View 15, including its logo, image, and identity. A preview tape was presented to Commissioners.
ITEM #3 - Approval of Minutes
Commissioner Jonson moved to approve the minutes of the regular meeting of February 21, 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
Jay Keyes said the Clearwater Beach Association recommends plans to beautify the center of the roundabout be deferred until traffic issues are addressed.
PUBLIC HEARINGS
ITEM #5 - Declare as surplus for the purpose of granting a perpetual utility easement to Florida Power Corporation a 589 square-foot, more or less, portion of City-owned property in
the Northeast 1/4 of Section 10, Township 29 South, Range 15 East, as more specifically described in the conveying instrument.
On March 1, 2001, the City Commission awarded a contract to Angle & Schmidt, Inc. to construct a one-story, 9,125.5 square-foot Water Pollution Control Consolidated Laboratory at the
City’s Marshall Street Wastewater Plant. Completion is scheduled for April 2002.
The subject easement, 10 feet in width and approximately 59 feet in length, will allow Florida Power to provide electrical service to the laboratory from its transformer on the Marshall
Street Wastewater plant site. The easement grant will be conveyed in perpetuity, but may be extinguished by either written mutual agreement of the City and Florida Power, or by the
City abandoning its use of the laboratory.
Commissioner Jonson moved to declare as surplus for the purpose of granting a perpetual utility easement to Florida Power Corporation a 589 square-foot, more or less, portion of City-owned
property in the Northeast 1/4 of Section 10, Township 29 South, Range 15 East, as more specifically described in the conveying instrument, and that the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
ITEM #6 – Res. #02-15 - amending the boundaries of our existing State Brownfields Area to geographically coincide with the adopted State Designated Enterprise Zone.
In 1997, the Florida Legislature passed the “Brownfields Redevelopment Act,” which defines a Brownfields area as a contiguous area of one or more Brownfields sites, some of which may
be contaminated, and designated by a local government. The law requires a local government with jurisdiction to notify the department of its decision to designate a Brownfields area
for rehabilitation purposes. Notification must include a resolution of the local government body.
Expansion of the Brownfields areas will move the eastern boundary between Drew and Court streets from Missouri to Highland Avenue and moving the western boundary from S. Ft. Harrison
to Pierce Boulevard and the Drew Street extension that runs along the waterfront. The expansion is intended to: 1) provide a concentrated area for the assessment and remediation of
contaminated sites; 2) provide vital incentives to assist in the economic and community development activities in the “gateway”; and 3) assist in the removal of blighted areas. On January
15, 2002, the same request was made by letter to the US Environmental Protection Agency for inclusion into the existing EPA funded Brownfields Demonstration pilot.
Commissioner Gray moved to approve amending the boundaries of the City’s State Brownfields Area to geographically coincide with the adopted State Designated Enterprise Zone. The motion
was duly seconded and carried unanimously.
The City Attorney presented Resolution #02-15 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-15 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.
Public Hearing - Second Reading Ordinances
ITEM #7 - 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)
The City Attorney presented Ordinance #6936-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6936-02 on second and final 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 #8-14) - 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 #8 - Approval of Purchases per Purchasing Memorandum:
a) Purchase to replace - one 2002 Chevrolet Silverado 3500HD cab and chassis from Maroone Chevrolet for $25,177 GSS/Fleet
b) Purchase to replace - one 2002 Chevrolet Tahoe utility vehicle from Maroone Chevrolet for $24,787 GSS/Fleet
c) Purchase to replace - one 2002 Chevrolet Express 12 passenger van from Garber Auto Mall for $21,321 GSS/Fleet
d) Purchase as additional - 2002 G3WD Gradall hydraulic excavator from The Gradall Company for $184,652.70 GSS/Fleet
e) Purchase to replace - two (2) 2002 Chevrolet Silverado 3500 HD cab and chassis with utility body from Maroone Chevrolet for $52,690 GSS/Fleet
f) Purchase to replace and one addition - eight (8) 2002 Chevrolet 2500 HD pickup trucks from Maroone Chevrolet for $188,877 GSS/Fleet
g) Purchase to replace - one 2002 Dodge Grand Caravan mini van from Hill-Kelly Dodge for $20,993 GSS/Fleet
h) Work Order for Pump station refurbishment from McKim & Creed Engineers for $51,300 Eng Group
ITEM #9 - Approve the Interlocal Agreement between the Community Redevelopment Agency of the City of Clearwater and the City of Clearwater regarding The Balk Company, Inc. residential
townhome development proposal fronting on Cleveland Street.
ITEM #10 - Approve the first amendment to the Interlocal Agreement dissolving the Municipal Gas Authority of Florida; approve Settlement Agreement with CC Pace Resources, Inc.
ITEM #11 - Authorize lease purchase financing of two 2002 GMC Sonoma extended cab pickup trucks to be included in the City of Clearwater Capital Improvement Program for FY 2001/02, and
award a contract to Garber Auto Mall in Green Cove Springs, Florida, in the amount of $29,534 in accordance with Section 2.564(1)(d), Code of Ordinances, Florida Sheriff's Association
and Florida Association of Counties Contract #01-09-0905.
ITEM #12 - Award a contract to Azurix North America Underground Infrastructure, Inc. in the amount of $400,000 for sanitary sewer line rehabilitation at various locations throughout
the City of Clearwater, using the Manatee County Agreement For Sanitary Sewer Line Rehabilitation Contract dated 9/7/00, in accordance with Section 2.564(1)(d), Code of Ordinances.
ITEM #13 - Authorization to hire outside counsel for Stverak v. City of Clearwater.
ITEM #14 - Approve registration fee of $180 for Commissioner Jonson to attend FLC Advanced Elected Official course in Tampa.
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 #15 - Res. #02-18 - approving the modifications to the City's State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plans for State Fiscal Years 1997-2000 and FY
2000-2003 which the Commission approved at the October 18, 2001 Commission meeting.
On October 18, 2002, the City Commission approved modifications to the City’s SHIP (State Housing Initiatives Partnership) Local Housing Assistance Plans for State FY (Fiscal Years)
1997-2000 and FY 2000-2003 for the timely administration and implementation of this State grant. These changes allow the funds to be expended more rapidly by broadening programmatic
options and upgrading the plan to reflect market changes since the original plans were written. This resolution is necessary for State approval of the plan modifications.
Commissioner Hart moved to approve modifications to the City’s SHIP Local Housing Assistance Plans for State FY 1997-2000 and FY 2000-2003, which the City Commission approved on October
18, 2001. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #02-18 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-18 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 #16 - Approve the transfer of $185,200 from the Parking Fund, Unappropriated Retained Earnings, to the Beach Parking Garage Construction Fund to reimburse the project for
monies expended on the preliminary design and feasibility work completed by Parsons Engineering Science, Inc.
On December 9, 1999, the City Commission approved a contract with Parsons Engineering Science, Inc. for preliminary engineering services and financial analysis for the Pier 60 and Pelican
Walk parking garages. The City Commission also authorized a loan (bearing interest at the cash pool earnings rate) from the consolidated cash pool to fund this expenditure until bonds
are issued. Due to delay in the project, staff recommends reimbursing the project now from the Parking Fund. Actual work cost $185,200. The Parking Fund has sufficient funding.
Commissioner Jonson moved to approve the transfer of $185,200 from the Parking Fund, Unappropriated Retained Earnings, to the Beach Parking Garage Construction Fund to reimburse the
project for monies expended on the preliminary design and feasibility work completed by Parsons Engineering Science, Inc., and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
ITEM #17 - Approve co-sponsorship and waiver of requested City fees and service charges for FY 2002/03 special events including six annual City events; one one-time City event (The NRPA
Congress Social); sixteen returning City co-sponsored events; and one new City co-sponsored event (Holiday Boat Parade) at an estimated gross cost of $421,500 ($107,220 representing
cash contributions and $314,280 representing in-kind contributions) for the purposes of departmental budget submittals.
According to Code regarding Special Events, an annual review of City sponsored/co-sponsored events is required during the budget process. An agenda item approving co-sponsorship and
level of support for these events will be brought before the City Commission at the beginning of the budget process each fiscal year. Should additional money be requested beyond what
is included in the approved budget, City Commission approval will be necessary before additional funds are dispersed.
New requests for FY 2002/03 for City sponsored and co-sponsored events include: 1) total cash contribution request is $10,000, or 10.3% higher than approved for FY 2001/02; a) $5,000
- Sunsets Summer Beach Fest; b) $5,000 - Martin Luther King, Jr. March & Rally; and c) $5,000 - African-American Heritage Celebration, at Heritage Village near Largo, funded last year
by the Human Relations budget, apart from the Special Events process and 2) total in-kind services request represents a $37,300, or 13.5% increase. The in-kind service request includes
$42,000 for Public Communications, included in this report for the first time although provided even though the department previous provided similar services. Excluding Public Communications,
total in-kind services requests have decreased by $5,070, or 1.8%. “In-kind” contributions are listed in the operating budgets of affected departments. The Special Events Committee
recommends approval of all events as listed in Exhibit A to these minutes. All cash grants are subject to approval during budget discussions.
Parks & Recreation Director Kevin Dunbar reported the $5,000 request for the Martin Luther King, Jr. March & Rally will be added to other funding to cover bands, speaker costs, etc.
Plans are to expand the event.
Mr. Dunbar stated the $5,000 Sunsets Summer Beach Fest request will be used for musical entertainment. In-kind services have been defined as event-specific expenses, which cannot be
provided in the normal budget scope of operations, such as overtime, and pulls staff off their routine functions. The proposed events represent a decrease in in-kind services. It was
recommended the Holiday Boat Parade be removed from the list due to costs estimated at more than $15,000, the inability to broadcast the parade live without additional satellite uplink
costs, and a concern that flood lights necessary to film the parade will detract from the parade’s ambiance and intrude on the privacy of nearby residences.
In response to a question, Mr. Dunbar said the deadline to apply for funding in FY (fiscal year) 2002/03 was in December 2001. Regarding the African-American Heritage Celebration at
Heritage Park, a County facility in a Largo enclave, it was felt City event funds should be expended to celebrate Clearwater and attract people to the City. If the event is Countywide,
it was requested staff suggest the County absorb all related costs in future years.
It was suggested events be classified: 1) major, such as July 4th; 2) others’ and 3) new events, to be considered last for funding. Concern was expressed it is difficult to determine
if adequate funds will be available for proposed events as the budget process is months away. The City Manager said staff intent is to fund the list if possible. If that is not the
case, staff will return to the City Commission and request the removal of an event. This process allows early Commission input and discourages those who disagree with staff funding
decisions to appeal to individual Commissioners.
Support was expressed for funding the broadcast of the Holiday Boat Parade although it was recommended use of alcohol beverages not be filmed. It was stated the difficulty of filming
the night event probably would preclude a clear picture of any activity.
Commissioner Gray moved to remove the Holiday Boat Parade from the list of FY 2002/03 special events. The motion was duly seconded. Commissioners Hart, Gray, and Jonson and Mayor
Aungst voted “Aye”; Commissioner Hamilton voted “Nay.” Motion carried.
Commissioner Gray moved to approve co-sponsorship and waiver of requested City fees and service charges for FY 2002/03 special events including six annual City events; one one-time
City event (The NRPA Congress Social); and sixteen returning City co-sponsored events; and one new City co-sponsored event at an estimated gross cost of $421,500 ($107,220 representing
cash contributions and $314,280 representing in-kind contributions) less the estimated cost for the removed Holiday Boat Parade event for the purposes of departmental budget submittals,
and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #18 - Other Pending Matters – None.
CITY ATTORNEY REPORTS
Resolutions
ITEM #19 - Res. #02-16 - Assessing a lien against 1109.5 Tangerine Street in the amount of $4,251.44 for the costs of demolition incurred in removing a dangerous structure without the
consent of owner.
The City Attorney presented Resolution #02-16 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-16 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 #20 - Res. #02-17 - Assessing a lien against 1113 Tangerine Street in the amount of $5,954.13 for the costs of demolition incurred in removing dangerous structure without consent
of owner.
The City Attorney presented Resolution #02-17 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-17 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 #21 - Other City Attorney Items – None.
ITEM #22 - City Manager Verbal Reports
At the City Manager’s request, staff reviewed the proposed tree ordinance to reduce the required size of replacement trees. Urban Forestry Manager Alan Mayberry said the arborist staff
had recommended and support changing the size requirement for replacement trees from.4-inch caliper to 2.5-inch caliper, as measured 6-inches above grade. While a 10-foot tall, 2.5-inch
caliper tree, costing an average $190, takes 30 weeks to establish, requiring 110 water events, or 550 gallons of water, a 12-foot tall, 4-inch caliper tree, costing an average $430,
takes 52 weeks to establish, requiring 132 water events, or 1,056 gallons of water. He said larger trees are more difficult to find and are not acclimated to this area. Stress due
to a lack of water because of water restrictions predispose trees to disease and insect attack. Establishment periods exceed the 30 days maximum permitted for watering new landscaping
more than once a week. Planting larger trees is more expensive, labor intensive, and requires special equipment. The proposed change reflects the industry standard. Within four years,
the smaller trees will outgrow the larger ones.
It was requested staff report on the reasons why some trees at the Clearwater Mall site are in poor health. Land Resource Specialist Rick Albee reviewed problems affecting trees in
parking lot islands, harming their chances for survival. It was suggested the number of parking spaces required at large developments be reduced to allow room for trees. Ms. Tarapani
said required parking at the Clearwater Mall site has been reduced by 400 spaces. Assistant City Manager Ralph Stone said national retailers demand of landlords a certain number of
parking spaces based on formulas. It was suggested the City require trees be included in landscape buffering requirements for the 25-foot setbacks on the perimeter of developments.
In response to a question, Mr. Albee said trees grow best with sufficient land, water, and nutrients. The
Code indicates three palm trees equal one shade tree, except for larger palm trees, which are expensive or rare. The Code disallows the removal of specimen and historic trees.
Concern was expressed discussions regarding the tree policy be separate from issues related to the development of Clearwater Mall. Ms. Tarapani said these changes were under consideration
well before the submittal of the application to redevelop the Clearwater Mall site. Concern was expressed this recommendation is a retreat from current policy, aimed to safeguard trees.
Mr. Albee said proposed changes are based on increased knowledge regarding the needs of urban forests.
Regarding the Clearwater Mall site, staff has worked with the landscape architect since September, reviewing the tree inventory which resulted in an additional 104 trees being saved.
561 trees, including 20 exotics and 16 dead or diseased ones will be removed. They will be replaced with 988 trees. Ms. Tarapani stated the DRC (Development Review Committee) had
made many comments during its January 17, 2002, review of the site plan. Staff is waiting for the plans to be resubmitted for review at another DRC meeting.
ITEM #23 - Commission Discussion Items - None.
ITEM #24 - Other Commission Action
Commissioner Gray reported on issues related to CHIP (Clearwater Homeless Intervention Program): 1) agency audit ready for review; 2) meetings scheduled bi-monthly; 3) financial statements
distributed at each meeting; 4) proposed resolution will expand board by two members; 5) proposed resolution will identify who has authority to sign grant awards; and 6) agency working
to improve fundraising capabilities.
Commissioner Jonson stated he had attended the Clearwater for Youth banquet. He complimented Commissioner Hamilton for his participation in the organization and congratulated Mayor
Aungst for being presented the Humanitarian of the Year Award.
Commissioner Jonson reported the County Commission will discuss the proposed billboard agreement on March 12, 2002, at 9:30 a.m.
Commissioner Jonson invited the public to participate in the TBRPC (Tampa Bay Regional Panning Council) visioning meeting on March 21, 2002, at the Largo Cultural Center from 2:00 to
6:00 p.m.
Commissioner Jonson thanked Home Depot and others for sponsoring the collection of hazardous materials on March 16, 2002.
Commissioner Jonson invited the public to visit the downtown Farmers Market on Wednesdays and Saturdays.
Commissioner Jonson and Mayor Aungst stated the Commission election is on March 12, 2002, and encouraged a good turnout.
Commissioner Hamilton encouraged the School Board to reconsider the decision to discipline Clearwater resident, John Nicely, former principal of Tarpon Springs High School.
Mayor Aungst reported he and the City Manager had a positive meeting with Steve Spratt, the new County Administrator, and he was encouraged that bridges between the County and City
could be built and lines of communications improved.
Mayor Aungst said on March 1, 2002, he had participated in “PhanFest” at Jack Russell Stadium, sponsored by the Clearwater Regional Chamber’s Business after Hours.
Mayor Aungst reported he had participated in the opening day ceremony for the Phillies on March 2, 2002.
Mayor Aungst said he had welcomed children to Ruth Eckerd Hall on March 3, 2002 to hear the Pinellas Youth Symphony in a program that exposes youngsters to classical music.
Mayor Aungst said on March 5, 2002, he had participated in the Grand Opening of the Krispy Kreme on Gulf-to-Bay Boulevard.
Mayor Aungst stated the Safety Slogan Awards breakfast is scheduled on March 8, 2002 at the Sheraton Sand Key.
Mayor Aungst reported the WildSplash concert is scheduled for Coachman Park on March 9, 2002 from 2:30 to 10:00 p.m.
Mayor Aungst invited residents to attend and provide input at the Downtown Parking Public Workshop at the Harborview Center on March 13, 2002.
Mayor Aungst suggested it may not be beneficial to travel to Tallahassee this session unless meetings could be arranged with City legislative representatives. He said a trip is being
planned to Washington DC in April to meet with congressional representatives.
Mayor Aungst reported the next Work Session is scheduled for March 18, 2002 at 9:00 a.m.
ITEM #25 - Adjournment
The meeting adjourned at 7:11 p.m.
___________________________________
Mayor
City of Clearwater
Attest:
_______________________________________
City Clerk