05/01/2003CITY COMMISSION MEETING
CITY OF CLEARWATER
May 1, 2003
Present: Brian J. Aungst Mayor/Commissioner
Hoyt P. Hamilton Vice-Mayor/Commissioner
Whitney Gray Commissioner
William C. Jonson Commissioner
Frank Hibbard Commissioner
Also present: 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 6:01 p.m. at City Hall. The invocation was offered by Reverend Skip Dvornik of Calvary Baptist 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 – Introductions, Awards and Presentations
a) Sister Cities Program – Richard Wisemiller
Richard Wisemiller, Sister Cities Program President, introduced the new board and reviewed progress in reestablishing the program. This year three Clearwater teachers will travel to
Nagano and critique the program. Plans are to reignite excitement for the program, rekindle the relationship between the two cities, and duplicate Nagano’s program by having middle
school and high school students spend one week in Nagano and one week visiting major Japanese cities.
Board members and officers were thanked for their participation. New guidelines are being established for an advisory board, which will link the City and Sister Cities organization.
Concern was expressed the program have adequate resources to undertake expanded travel opportunities. Mr. Wisemiller said including middle school students in the program will broaden
the base for home stay opportunities.
b) Tampa Bay Regional Planning Council Environmental and Development awards
On March 10, 2003, TBRPC (Tampa Bay Regional Planning Council) recognized Clearwater for exemplary work in two areas: 1) the City’s CMOM (Capacity Management Operation & Maintenance)
and 2) the new Sand Key Fire Station.
The Public Works’ CMOM program, initiated last year, was awarded an honorable mention. The program evaluates the overall capacity of the City’s wastewater system for operation and
maintenance. Due to this program, the City has increased planned maintenance
tasks by 266%, has realized a 44% decrease in blockages, and a 65% decrease in homeowner clean-up claims. Mayor Aungst recognized Public Works staff, especially Project Managers Dave
Sickler and Lisa Murrin for their efforts.
The City’s Sand Key Fire Station #44 was awarded an honorable mention for its facility programming, site engineering, and architectural design. Special recognition went to Wayne Hansen
from the Fire Department, and Glen Bahnick, Paul Bertels, Tim Kurtz, and Bob Sebek from Public Works.
c) Proclamations:
1) Elder Law Month - May 2003
2) Civility Month - May 2003
ITEM #4 – Approval of Minutes
Commissioner Jonson moved to approve the minutes of the regular meeting of April 17, 2003, as recorded by the City Clerk and submitted to each Commissioner. The motion was duly seconded
and carried unanimously.
ITEM #5 – Citizens to be heard re items not on the Agenda:
James Foley suggested adding a third lane to the roundabout to ease beach traffic congestion during peak season and opposed construction of more beach condominiums or motels due to limited
street capacity.
Maryann King expressed concern beach motels are not permitted sufficient signage. She has started a group, Citizens for Small Business, to gather petition signatures requesting that
freestanding signs remain.
PUBLIC HEARINGS
Second Reading Ordinances
ITEM #6 - Ord 7107-03 - Approve the petition for Annexation of property located at 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16) (ANX2003-01001)
Ordinance #7107-03 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7107-03 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #7 - Ord 7108-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 1779 Audrey Drive (Lot 37, Pinellas Terrace
in Sec. 05-29-16) (ANX2003-01001)
Ordinance #7108-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7108-03 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #8 - Ord 7109-03 - Approve a Zoning Atlas Amendment from County R-3, Single-Family Residential District, to City LMDR, Low Medium Density Residential District for 1779 Audrey Drive
(Lot 37, Pinellas Terrace in Sec. 05-29-16). ANX2003-01001
Ordinance #7109-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7109-03 on second and final reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #9 - Ord 7110-03 - Approve the petition for Annexation of property located at 1740 Nursery Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002
Ordinance #7110-03 was presented for second reading and read by title only. Commissioner HIbbard moved to pass and adopt Ordinance #7110-03 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #10 - Ord 7111-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 1740 Nursery Rd. (Lot 7, Block B, Douglas
Manor Lake in Sec. 23-29-15). ANX2003-01002
Ordinance #7111-03 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7111-03 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #11 - Ord 7112-03 – Approve a Zoning Atlas Amendment from County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 1740 Nursery
Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002
Ordinance #7112-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7112-03 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #12 - Ord 7113-03 - Approve the petition of Annexation of property located at 1714 Jade Ave.(Lot 9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003
Ordinance #7113-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7113-03 on second and final reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #13 - Ord 7114-03 - Approve a Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) for property located at 1714 Jade Ave. (Lot 9, Jade Heights
Subdivision in Sec. 03-29-15). ANX2003-01003
Ordinance #7114-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7114-03 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #14 - Ord 7115-03 - Approve a Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District, to the City LMDR, Low Medium Density Residential District
for 1714 Jade Ave. (Lot 9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003
Ordinance #7115-03 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7115-03 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #15 - Ord 7116-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and Residential Urban (RU) categories to the Recreation/Open Space (R/OS) category for
property located at 3035 Gulf-to-Bay Boulevard (a portion of Tract A, Myron Smith’s Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion
of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001
Ordinance #7116-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7116-03 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
ITEM #16 - Ord 7117-03 - Approve a Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District and the City MHP, Mobile Home Park District to the OSR,
Open Space Recreation District for property located at Gulf-to-Bay Boulevard (a portion of Tract A, Myron Smith’s Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map
of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001
Ordinance #7117-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7117-03 on second and final reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-31) - 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 #17 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum:
a) Data Flow Systems, Inc., Melbourne, Florida - Labor and materials to upgrade the telemetry system at Lift Stations 2, 4, 21, 25, 26, 28, 41m 50, 54 and 65 for $67,395. (PW/UTIL)
b) McKim and Creed Engineers, Clearwater, Florida – Wellfield permit modification for $55,500. (PW/ENG)
ITEM #18 - Award a contract to Don Reid Ford of Maitland, Florida, in the amount of $14,850 for the purchase of one (1) 2003 Ford Taurus 4-door Sedan, in accordance with Section 2.564(1)(d),
Code of Ordinances, Florida State Contract #070-001-03-1 and authorize funding through the City's Master Lease/Purchase Agreement. (DS)
ITEM #19 - Approve the Renewal Agreement with Clearwater Neighborhood Housing Services for Community Housing Development Organization activities under the City's HOME Investment Partnership
Program. (ED/HSG)
ITEM #20 - Approve the Conditional Assignment of Lease for Room 4 in the Municipal Marina from Thomas C. and Patricia A. Wolkowsky, dba Pirates Pantry, to Denis A. and Cheryl L. White,
dba Pirates Pantry. (MR)
ITEM #21 - Approve the second amendment to the management agreement with the Clearwater Community Sailing Association (CCSA), adding yearly cost of living increases rather than percentage
of revenues at the Clearwater Community Sailing Center. (MR)
ITEM #22 - Accept grant (totaling $63,200 for 100% funding for three (3) summer camp programs) and approve the corresponding agreement from the Juvenile Welfare Board. (PR)
ITEM #23 - Approve an agreement between the District Board of Trustees of St. Petersburg College, Florida and the City of Clearwater for cash match funding of $36,146 for the period
01/01/03 thru 12/31/03 for the AmeriCorps Pinellas Project for support of membership. (PD)
ITEM #24 - Award a contract to Atlantic Truck Center, Ft. Lauderdale, Florida for the purchase of one (1) 2003 Sterling LT 9500 Roll Off Truck, at a cost of $102,691 which was the lowest
Bid received in accordance with the specifications of City of Clearwater Bid #43-01; and authorize financing under City's Master Lease/Purchase Financing Agreement. (SW/GS)
ITEM #25 - Accept a perpetual 5-foot drainage and utility easement (dated February 14, 2003) conveyed by Eilnar R. and Catherine B. Kristensen, over and across E 5’ of W 10’ of Lot 160,
Fair Oaks 4th Addition. (PW)
ITEM #26 - Approve work order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for additional funds and revised scope, for the design and permitting for the Kapok
Wetland and Floodplain Restoration Project in the amount of $97,770 for a total of $412,906. (PW)
ITEM #27 - Ratify and confirm Change Order #1 to Westra Construction Corporation of Palmetto, Florida for the Beach Pump Station Improvements Phase II Contract (99-0074-UT), which increases
the contract amount by $300,079.19 for a new total contract amount of $1,025,814.19. (PW)
ITEM #28 - Ratify and Confirm the approval of a purchase order with Kearney Development Co., Inc. in the amount of $90,240 for construction services as part of the Seville & Sunset Drive
Reclaimed Water Project (02-0103-UT) (PW)
ITEM #29 - Approve the final plat for "The Moorings Townhomes I" located on Bayway Boulevard North approximately 800 feet east of the intersection of Hamden Drive and Gulfview Boulevard.
(PW)
ITEM #30 - Approve the final plat for "The Moorings Townhomes II" located on Bayway Boulevard North approximately 1,400 feet east of the intersection of Hamden Drive and Gulfview Boulevard.
(PW)
ITEM #31 - Approve a Local Agency Program (LAP) Agreement between the City of Clearwater and the Florida Department of Transportation (FDOT) in the amount of $341,960 for installation
of signalization and driveways on SR 60 at Damascus Road; and approve a work
order in the amount of $79,160 to Tampa Bay Engineering, an Engineer-of-Record, for the design of the project. (PW)
Commissioner Gray 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 #32 – Adopt Res 03-22 regarding the Community Redevelopment Agency to reflect language required by Resolution 02-287 as adopted by the Board of County Commissioners of Pinellas
County on October 29, 2002. (ED/HSG)
In accordance with Section 163.335 and Section 163.340, Florida Statutes, Chapter 163, Part III (1969 as amended), a Findings and Declaration of Necessity study was conducted regarding
the conditions in that part of the City known and referred to as the “Gateway” CRA Expansion Area. The results of that study were presented to the City Commission for its consideration
and included in the public record.
After considering the study’s determinations and facts and evidence of conditions in the Expansion Area and receiving and considering such other evidence of the conditions in the Expansion
Area as presented to it, on August 8, 2002, the City Commission adopted Resolution #02-41, which made certain findings regarding the Expansion Area.
On October 29, 2002, the Pinellas County Board of County Commissioners adopted Resolution #02-287, which delegated to the Clearwater City Commission the power to declare itself Community
Redevelopment Agency for the expansion area and to prepare a redevelopment plan for the Expansion Area, and required the City Commission to make certain findings, which were not specifically
made in Resolution #02-41.
Commissioner Jonson moved, in regard to the Community Redevelopment Agency, to approve language required by Resolution #02-287 as adopted by the Board of County Commissioners of Pinellas
County on October 29, 2002, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
Resolution #03-22 was presented and read by title only. Commissioner Hibbard moved to pass and adopt Resolution #03-22 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM #33 – Approve Parks & Recreation Board recommendation naming City property located within Court Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing
Avenue to the east, Freedom Lake Park. (PR)
The Town Lake project developed and enlarged an existing pond to create a 3.8-acre lake, with approximately one-half acre of surrounding parkland. The lake provides flood
protection and stormwater treatment for approximately 109 acres of contributory drainage area using a combination of chemical (alum injection), physical (settling), and biological (aquatic
planting) processes.
Resolution 94-12 specifies that the Parks and Recreation Board will conduct and advertise a public hearing to consider recommendations for park names at a regular meeting of the Board.
The Board held a public meeting on March 24, 2003, and received 28 names for consideration. Based upon information gathered at this hearing and Resolution criteria, the Parks and Recreation
Board recommended that the City Commission name the facility “Freedom Lake Park.” Other choices, in order of preference were: 1) Prairie Lake Park; 2) Old Marsh Lake; 3) Lake Lillian;
and 4) Clear Lake. Currently, a park in Pinellas Park is called Freedom Lake Park and a private facility in Clearwater is called Freedom Park.
Appreciation was expressed for the names submitted. It was felt none of the recommendations connect to Clearwater. It was requested the community and board try again. It was recommended
the name be historic, have pizzazz, and highlight the City and Downtown. It was noted the name, “Freedom Lake Park,” had been recommended at the start of the War in Iraq.
In response to a question, Assistant City Manager Ralph Stone said installation of wayfinding signage related to the lake will be necessary when the new Memorial Bridge opens.
Commissioner Gray moved to reconsider the name in six months. The motion was duly seconded and carried unanimously.
Direction was given to start the process for coming up with an appropriate name for the Bayview area park on Gulf-to-Bay Boulevard.
ITEM #34 - IAFF Union Negotiations Update.
Human Resources Director Joe Roseto said there have been no meetings in the past two weeks between the City and IAFF (International Association of Firefighters) union representatives.
Future sessions are scheduled for May 13 and May 15, 2003. A May 19, 2003 meeting is scheduled with a mediator, if necessary. City staff is working with the union to schedule additional
sessions, if needed.
ITEM #35 - Other Pending Matters: - None.
CITY ATTORNEY REPORTS
ITEM #36 - Other City Attorney Items - None.
ITEM #37 - City Manager Verbal Reports - None.
ITEM #38 - Commission Discussion Items
a) Traffic Information Radio – Commissioner Jonson
Concern was expressed the City’s traffic information radio transmissions had been discontinued today. It was recommended transmissions continue as this weekend’s Sun ‘N Fun events
will close Drew Street at Coachman Park and cause traffic delays. It was suggested operation of the radio station continue until feedback regarding its effectiveness is obtained from
the Chamber of Commerce and beach businesses. A portion of a City of Tarpon Springs broadcast was played and it was suggested that Clearwater also could transmit messages related to
services and events.
Assistant City Manager Garry Brumback said the radio service originally was brought forward to address Spring Break traffic issues. Preparing transmissions was more labor intensive
than anticipated. He said while the service is nice, the funding needs of competing priorities must be considered. In response to a question, Public Communications & Marketing Director
Doug Matthews said efforts related to radio transmissions had delayed publication of the last employee newsletter by 4 weeks.
It was stated no behavioral changes had been observed. Mr. Brumback said the City is not able to capture evidence of the service’s effectiveness. He said the transmissions had minimal
impact on tourist traffic, although several residents did report listening to the station after being stuck in traffic. It was felt the transmissions had not worked as anticipated.
It was felt funds used to broadcast traffic information would be better spent on a police officer, directing traffic at the Cleveland Street/Osceola Avenue intersection. It was stated
reception of the transmission was poor at times. It was felt the program compares poorly with the professionalism of other City communication efforts.
The majority agreed that radio information transmissions designed to alleviate Spring Break traffic should be terminated.
Discussion ensued regarding the effect of closing Drew Street to beach traffic. A list of planned Drew Street closures will be distributed. Consensus was to recommend that Drew Street
closings for Coachman Park activities be limited until construction of the new bridge is complete.
ITEM #39 - Other Commission Action
Commissioner Hibbard and Mayor Aungst offered condolences to City Clerk Cyndie Goudeau and her family, to the family of Dick Duncan, and to Congressman Mike Bilirakis on the recent loss
of his brother.
Commissioner Hibbard and Commissioner Gray thanked Parks & Recreation staff for last weekend’s concerts and the great job they do.
Commissioner Gray invited residents to the May 6, 2003 fundraiser at Fresh Market benefiting the Library Foundation Capital Campaign.
Commissioner Jonson reviewed changes to legislation regarding Tampa Bay Water under consideration by the Florida Legislature and discussed potential impacts. He recommended adopting
a resolution that opposes any amendment that jeopardizes Tampa Bay Water, its members, or its credit ratings
Resolution #03-24 and presented and read by title only. Commissioner Gray moved to pass and adopt Resolution #03-24 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
Commissioner Jonson said on April 30, 2003 he and Commissioner Gray had attended the transportation governance discussion. Consensus seemed to favor an independent district that would
have to absorb PSTA (Pinellas Suncoast Transit Authority). Commissioner Gray stated any change requires legislative action.
Commissioner Jonson invited those interested in serving on the Tampa Bay Estuary Citizen Advisory Committee to contact him.
Commissioner Jonson and Mayor Aungst congratulated Carlen Petersen and Doug Williams for being crowned last night as Mr. and Mrs. Countryside at the Countryside Country Club.
Commissioner Jonson said he is part of a group challenging Pinellas County’s settlement with Clear Channel Outdoor Inc, on the grounds that it conflicts with Florida law and the County’s
Comprehensive Land-Use Plan.
Commissioner Jonson said recently he had visited Clearwater beach, and was impressed with its beauty.
Commissioner Hamilton thanked Alan Mayberry for his efforts on Arbor Day and congratulated him for the City having been designated a Tree City for the 21st consecutive year
Commissioner Hamilton said he had attended the Airpark Open House on April 26, 2003, and thanked FBO (Fixed Base Operator) Dave King for providing him an air tour of the City.
Commissioner Hamilton thanked Cleveland Street businesses for their sacrifice while parking was removed from the south side of the street to ease Spring Break traffic delays. The street
has been restriped with parking spaces.
Mayor Aungst said on April 30, 2003, he had appeared with Mayor Ioirio of Tampa and Mayor Baker of St. Petersburg in a PSA (Public Service Announcement) promoting vacationing in Tampa
Bay. He also had recent regional discussions with the two mayors at a meeting at the Radisson Hotel on Ulmerton Road. He said there is a good relationship between the cities.
Mayor Aungst said today he had welcomed ex-Prisoners of War at their annual reunion on Clearwater beach.
Mayor Aungst said Law Day will be observed on May 2, 2003 at the Harborview Center.
Mayor Aungst said on May 3, 2003, he and Governor Soto of Hidalgo, Mexico will welcome those attending the Cinco de Mayo celebration at Coachman Park, which begins at 3:00 p.m.
Mayor Aungst invited residents to attend the Fun ‘N Sun parade on May 3, 2003 at 7:00 p.m. After the parade, the public is invited to attend Ye Mystic Krewe’s fundraiser at the Harborview
Center to benefit the Clearwater Free Clinic.
Mayor Aungst said Commissioner Hamilton will represent him on May 9, 2003 at 10:00 a.m. at the 22nd annual police memorial service at Station Square Park with the Fraternal Order of
Police Lodge #10 and Clearwater Police Department.
Mayor Aungst announced the next Work Session is on May 12, 2003 at 1:00 p.m.
ITEM #40 - Adjournment
The meeting adjourned at 7:20 p.m.