07/20/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
July 20, 2006
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
Hoyt P. Hamilton Councilmember
William C. Jonson Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Pastor Randy Morris
from Woodlawn Church of God offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4. Presentations
4.1 Clearwater High School Principal, Nick Grasso. Mr. Grasso thanked the City for its
support.
4.2 Business Beautification Recognition Award. Thai Coconut
4.3 Home and Neighborhood of the Quarter.
The Neighborhood of Quarter Award was presented to Parkwood Estates Mobile Home
Park.
Homes of the Quarter Awards were presented to Brian Langille, 1678 Souvenir Drive;
John & Debbie Carollo, 2003 Del Betmar Road (not present), Ivan Flow & Shane Dellinger,
1540 South Prospect Avenue, and Nelda Gant 2766 Quail Hollow Road West.
The Mayor presented Councilmember Doran with a certificate for completion of the
Advanced Institute for Elected Municipal Officials.
5. Approval of Minutes
5.1 Approve the minutes of the June 15, 2006, City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the regular meeting of June
15, 2006, as recorded and submitted in written summation by the City Clerk to each
motioncarried
Councilmember. The was duly seconded and unanimously.
Council 2006-07-20 1
5.2 Approve the minutes of the June 28, 2006, City Council Special Meeting (Attorney Client
Session) as submitted in written summation by the City Clerk.
Councilmember Hamilton moved to approve the minutes of the special meeting (Attorney
Client Session) of June 28, 2006, as recorded and submitted in written summation by the City
motioncarried
Clerk to each Councilmember. The was duly seconded and unanimously.
5.3 Approve the minutes of the June 28, 2006, City Council Special Meeting as submitted in
written summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the special meeting of June
28, 2006, as recorded and submitted in written summation by the City Clerk to each
motioncarried
Councilmember. The was duly seconded and unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Socretes Charos, Royalty Theatre, invited citizens to next week’s construction party at
the theater, celebrating changes to Downtown.
John Wiser thanked staff for sidewalk repairs, said he is working with staff regarding his
request to landscape Countryside Boulevard medians, recommended changes to Adopt a Street
program, and reported that school soon will start.
Brian Stanley, Skip Klein Leadership Society, complimented the Parks & Recreation
Department’s involvement during the successful Morton Plant Mease Hospital triathlon.
Jay Keyes, Clearwater Beach Association, requested early registration and sponsors for
the October 30, 2006, Sailing Center golf tournament at Eastlake Woodlands.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve Amendments to the Community Development Code imposing a moratorium
upon certain development approvals for the Marina Residential District Subarea of the Beach by
Design Special Area Plan concerning Clearwater Beach and Pass Ordinance 7660-06.
Since the passage of Beach by Design in 2001, a significant number of redevelopment
projects have been approved and property values have experienced unprecedented growth
rates on Clearwater beach. During this time, however, redevelopment activities have been
minimal in the Marina Residential District. The provisions of Beach by Design provide height
bonuses for projects that consolidate significant amounts of property. The use of these
incentives requires the private sector to provide a major public benefit in the way of an
easement for a “Bayside Boardwalk” along the Intracoastal Waterway. No consolidated
development has occurred since the adoption of Beach by Design and there is great concern
about the lost potential for redevelopment that incorporates major public amenities. A six-month
moratorium is to be considered for the Marina Residential District so that amendments to Beach
by Design can be prepared and adopted that will better balance development incentives at
lower thresholds with provisions for public benefits and amenities.
Councilmember Doran reported a conflict of interest.
Council 2006-07-20 2
Assistant Planning Director Gina Clayton said the CDB (Community Development
Board) reviewed the proposed amendment on July 18, 2006, and recommended modifications
to exclude building and related permits for developments with current unexpired development
orders which had applied for building permits by July 1, 2006 and renovation and repair permits
required to maintain existing standards of the building. In response to a question, Ms. Clayton
said currently, there is one pending development on East Shore Drive.
Two persons spoke regarding the amendments.
Councilmember Petersen moved to approve amendments to the Community
Development Code imposing a moratorium upon certain development approvals for the Marina
Residential District Subarea of the Beach by Design Special Area Plan concerning Clearwater
motion
Beach, with the two changes recommended by the CDB. The was duly seconded.
Upon the vote being taken, Councilmembers Petersen, Hamilton, and Jonson, and
carried.
Mayor Hibbard voted “Aye”; Councilmember Doran abstained. Motion
Ordinance 7660-06 was presented and read by title only. Councilmember Hamilton
moved to pass Ordinance 7660-06 on first reading. The motion was duly seconded and upon
roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, and Hibbard.
"Nays": None.
Abstained: Doran.
8. Quasi-judicial Public Hearings
8.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas
Amendment from the County R-3, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 1574 Crown Street (Lot 16, Block 17, Third Addition to
Highland Pines Subdivision); and Pass Ordinance 7637-06, 7638-06 & 7639-06 on first reading.
This annexation involves a 0.163-acre property consisting of one parcel, which is located
on the north side of Crown Street, approximately 400 feet from the intersection of Crown Street
and Ridge Avenue. The property is located within an enclave and is contiguous to existing City
boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements
with regard to voluntary annexation. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service from the City.
The subject property is occupied by a single family detached dwelling. It is proposed
that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and
a zoning category of Low Medium Density Residential (LMDR). The Planning Department
determined that the proposed annexation is consistent with the following standards specified in
the Community Development Code: ·The proposed annexation will not have an adverse impact
on public facilities and their level of service. ·The proposed annexation is consistent with the
City's Comprehensive Plan, the Countywide Plan and the Community Development Code. ·The
Council 2006-07-20 3
subject site is located within an enclave, is contiguous to City boundaries and reduces the
enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County
staff in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and
no objections have been raised. The CDB reviewed this proposed annexation at its regularly
scheduled meeting on May 16, 2006, and unanimously recommended approval.
Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Low (RL) Category to the City Residential Low
(RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential
District to the City Low Medium Density Residential (LMDR) District for 1574 Crown Street (Lot
motion
16, Block 17, Third Addition to Highland Pines Subdivision). The was duly seconded
carried
and unanimously.
Ordinance 7637-06 was presented for first reading and read by title only.
motion
Councilmember Petersen moved to pass Ordinance 7637-06 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7638-06 was presented for first reading and read by title only.
motion
Councilmember Doran moved to pass Ordinance 7638-06 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7639-06 was presented for first reading and read by title only.
motion
Councilmember Hamilton moved to pass Ordinance 7639-06 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.2 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) and Preservation (P) Category to the City Residential Low (RL) and
Preservation (P) Category and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District to the City Low Medium Density Residential (LMDR) and Preservation (P)
Districts for 1614 Stevensons Drive (Lot 14, Block A, Stevenson’s Heights Subdivision in Sec
10- 29-15); and Pass Ordinance 7643-06, 7644-06 & 7645-06 on first reading.
This annexation involves a 0.20-acre property consisting of one parcel, located on the
west side of Stevensons Drive, approximately 250 feet west of Stockton Drive. The property is
contiguous with the existing City boundaries to the north; therefore, the proposed annexation is
consistent with Florida Statutes with regard to voluntary annexation. The applicant is requesting
this annexation in order to receive sanitary sewer and solid waste service from the City. It is
proposed that the property be assigned Future Land Use Plan designations of Residential Low
(RL) and Preservation (P) and zoning categories of Low Medium Density Residential (LMDR)
Council 2006-07-20 4
and Preservation (P). The Planning Department determined that the proposed annexation is
consistent with the following standards specified in the Community Development Code: ·The
proposed annexation will not have an adverse impact on public facilities and their level of
service. ·The proposed annexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code. ·The proposed annexation is
contiguous to existing municipal boundaries, represents a logical extension of the city
boundaries and does not create an enclave. This annexation has been reviewed by the PPC
County staff in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-
3), and no objections have been raised. The CDB reviewed this proposed annexation at its
regularly scheduled meeting on June 20, 2006, and unanimously recommended approval.
Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Low (RL) and Preservation (P) Category to the
City Residential Low (RL) and Preservation (P) Category and Zoning Atlas Amendment from the
County R-3, Single-Family Residential District to the City Low Medium Density Residential
(LMDR) and Preservation (P) Districts for 1614 Stevensons Drive (Lot 14, Block A, Stevenson’s
motioncarried
Heights Subdivision in Sec 10-29-15). The was duly seconded and
unanimously.
Ordinance 7643-06 was presented for first reading and read by title only.
motion
Councilmember Petersen moved to pass Ordinance 7643-06 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton.
Ordinance 7644-06 was presented for first reading and read by title only.
motion
Councilmember Doran moved to pass Ordinance 7644-06 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7645-06 was presented for first reading and read by title only.
motion
Councilmember Hamilton moved to pass Ordinance 7645-06 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.3 Approve the applicant's withdrawal of application to annex property located at 1416
Regal Road (ANX2006-03011).
The applicant withdrew the application.
Council 2006-07-20 5
Councilmember Petersen moved to approve the applicant’s withdrawal of the application
motioncarried
to annex property at 1416 Regal Road. The was duly seconded and
unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 7640-06 on second reading, annexing certain real property whose post
office address is 1424 Regal Road, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7640-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7640-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9.2 Adopt Ordinance 7641-06 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1424 Regal Road, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance 7641-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7641-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9.3 Adopt Ordinance 7642-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1424 Regal Road, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance #7642-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7642-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9.4 Adopt Ordinance 7649-06 on second reading amending Appendix A, Article XXV, Public
Works – Fees, Rates and Charges, Section (3)(e) Stormwater Management Utility Rates.
One person spoke in opposition to the ordinance.
Finance Director Margie Simmons said if stormwater rates are not increased, the City
would be unable to complete needed improvements to Stevensons Creek and other areas, and
severe rate spikes would occur within the next four years.
Council 2006-07-20 6
Ordinance #7649-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7649-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9.5 Adopt Ordinance 7650-06 on second reading, vacating the five-foot utility easement
lying along the south property line of Lot 1 and the west 22.71 feet of Lot 2, Sunnydale
Subdivision and vacate the 10-foot property lines of Lots 2, 6, & 7 and the west 15 feet of Lot 8
Sunset Point Replat.
Ordinance #7650-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7650-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9.6 Adopt Ordinance 7652-06 on second reading, amending the operating budget for the
Fiscal Year ending September 30, 2006 to reflect increases and decreases in revenues and
expenditures for the General Fund, Special Development Fund, Special Program Fund,
Stormwater Fund, Solid Waste Fund, Gas Fund, Recycling Fund, General Services Fund,
Garage Fund and Central Insurance Fund.
Ordinance #7652-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7652-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9.7 Adopt Ordinance 7653-06 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2006 to reflect a net increase of $2,246,125.
Ordinance #7653-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7653-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
City Manager Reports
10. Consent Agenda -
Approved as submitted.
Council 2006-07-20 7
10.1 Ratify and confirm the City Manager’s approval to increase the award of contract to a
total of $125,000 (an increase of $25,000 over the current approved purchase order total of
$100,000) to Quorum Services for building construction inspection and building plans review
services received; and increase the total award to $365,020 and extend the contract through
September 30, 2007; and that the appropriate officials be authorized to execute the same.
(consent)
10.2 Approve an Interlocal Agreement between the Community Redevelopment Agency of
the City of Clearwater, Florida (the “Agency”) and the City of Clearwater (the “City”) that outlines
responsibilities for the environmental cleanup of the Clearwater Automotive Salvage Yard site
and authorize the appropriate officials to execute same. (consent)
10.3 Award a contract for environmental demolition, debris and soil removal at the Clearwater
Automotive Salvage Yard Brownfields Site No. BF97493703 to Jamson Environmental for the
sum of $218,491.26, which is the lowest responsible bid received in accordance with the plans
and specifications and authorize the appropriate officials to execute same. (consent)
10.4 Declare the list of vehicles and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida.
(consent)
10.5 Approve a contract with MCIS, Inc. of Lakeland, FL in the amount of $235,000
($223,638.05 plus 5% contingency) in accordance with Ordinance 2.564(1)(d), City of Lakeland
Bid 1165, for the purchase and installation of a wireless network backbone for the City's wide
area network connectivity and authorize the appropriate officials to execute same. (consent)
10.6 Approve an agreement between the Federal Aviation Administration (FAA) and the City
of Clearwater to waive FAA funding and redirect to another local general aviation airport and
authorize the appropriate officials to execute same. (consent)
10.7 Award a contract to Southwest Contracting, Inc. (Bid 06-0020-PR) of Odessa Florida, for
$210,771; approve alternates 1 and 2 for $2,720 and a change order deduct in the amount of
$3,832.20 which is a reduction in the contingency from 10% to 8%, for a net contract amount of
$209,658.80, to provide for construction of the Myron A. Smith Bayview Park, and authorize the
appropriate officials to execute same. (consent)
10.8 Award a contract to Southwest Contracting, Inc. (Bid 06-0021-PR) of Odessa Florida, for
$208,299.19 and approve a change order deduct in the amount of $57,937.11 which includes a
reduction in the contingency from 10% to 8%, for a net contract amount of $150,362.08, to
provide for natural landscaping and irrigation of the Myron A. Smith Bayview Park and authorize
the appropriate officials to execute same. (consent)
10.9 Approve Pinellas County Recreational Grant Funding Agreement for the Long Center,
Outdoor Restrooms, in the amount of $50,000, between Pinellas County and the City of
Clearwater and authorize the appropriate officials to execute same. (consent)
10.10 Ratify & Confirm the City Manager's approval on May 25, 2006 the increase in the award
of contract issued to M&J Construction Company by $64,890.00 to cover approximately 7,210
square feet of additional roof deck preparation and coating in the Long Center pool area.
(consent)
Council 2006-07-20 8
10.11 Ratify and confirm change order 1 to Rowland, Incorporated of Pinellas County, FL for
the Del Oro Groves Reclaimed Water System Installation and Water Main Replacement Project
(04-0022-UT) increasing the contract amount by $166,675.36 for a new contract total of
$3,833,706.04 and $27,314.98 of City labor and administrative charges for a total cost of
$193,990.34 for the Windward Passage Water Main Replacement. (consent)
10.12 Award a construction contract for the “Drew Street and US 19 Overpass Landscape
Improvements” (05-0004-EN) to Morelli Landscaping, Inc. of Clearwater, Florida, for the sum of
$204,627.78 which is the lowest responsible bid received in accordance with the plans and
specifications and authorize the appropriate officials to execute same. (consent)
10.13 Approve agreement provisions for professional engineering services contracts with the
firms of Advanced Engineering & Design Inc.; Advanced Systems Engineering; Arcadis G & M,
Inc.; Ayres Associates; Black & Veatch Corporation; Cumbey & Fair, Inc.; DKS Associates;
Grimail Crawford, Inc.; H.W. Lochner, Inc.; HDR Engineering, Inc. Jones Edmunds & Associates
Inc., Kissinger Campo & Associates Corp., Malcolm Pirnie Inc.; McKim & Creed, P.A.; Parsons;
Post, Buckley, Schuh & Jerrigan, Inc.; TBE Group; URS Corporation and Wade-Trim and
authorize the appropriate officials to execute same. (consent)
10.14 Approve the Cooperative funding agreement in the amount of $1,000,000 with the
Southwest Florida Water Management District (SWFWMD) to share the cost of implementation
of the Stevenson Creek Watershed: Implementation of Best Management Practices, Turner
Street Connector(L554)and authorize the appropriate officials to execute same. (consent)
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
motion
appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
11. Other items on City Manager Reports
11.1 Adopt Resolution 06-40 expressing the City’s intention to be reimbursed from the
proceeds of tax-exempt financing for certain capital expenditures and approve a contract
extension with SunTrust Leasing Corporation to provide lease purchase financing.
The City uses lease purchase financing to pay for certain capital equipment. Lease
purchase financing allows the City to pay for items over their useful life. The City’s contract with
SunTrust Leasing, which will expire on September 30, 2006, has a provision for two one-year
extensions. This is the first extension.
Resolution 06-40 allows the City to pay vendors and then be reimbursed from Sun Trust
Leasing. Approval of this resolution and lease purchase contract does not represent a
commitment to borrow. Decisions to lease purchase specific items of equipment must be
included in the budget or approved separately in accordance with the City’s purchasing policy.
Councilmember Petersen moved to express the City’s intention to be reimbursed from
the proceeds of tax-exempt financing for certain capital expenditures and approve a contract
motion
extension with SunTrust Leasing Corporation to provide lease purchase financing. The
carried
was duly seconded and unanimously.
Council 2006-07-20 9
Resolution 06-40 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 06-40 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
11.2 Adopt Resolution 06-37 providing for the sale of not to exceed $28 million Water &
Sewer Revenue Bonds, Series 2006.
A Water & Sewer rate study was completed in 2004, which recommended a 6% rate
increase in FY (Fiscal Year) 2007, FY 2008, and FY 2009. A subsequent rate study, completed
in 2006, confirmed these rate increases. These rate increases are sufficient to provide for
operations, capital projects, and debt service on bonds issued during this time period. The City
identified a need of approximately $139.4 million in capital projects for the water & sewer
system from 2006 through 2009, with bonds to be issued in 2006 for projects costing
approximately $24,601,000, and in 2008 of approximately $39,977,000.
Ordinance 3674-84 was enacted on August 2, 1984, and amended and supplemented by
Ordinance 6915-01, enacted November 15, 2001. These bond ordinances authorized the
issuance of Water and Sewer Revenue Bonds. Resolution 04-36 was adopted on December
16, 2004, which provides for the City to be reimbursed from bond proceeds for expenditures that
occurred on these projects prior to issuance of the bonds.
Resolution 06-37 authorizes the competitive sale of not to exceed $28 million of Water
and Sewer Revenue Bonds, and authorizes the Finance Director and City Manager to award the
sale of the bonds to the best bidder. Only the amount of bonds needed to fund the $24,601,000
construction costs will be issued.
Councilmember Hamilton moved provide for the sale of not to exceed $28 million Water
motioncarried
& Sewer Revenue Bonds, Series 2006. The was duly seconded and
unanimously.
Resolution #06-37 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #06-37 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
11.3 Approve policy relating to the amplification of sound at City co-sponsored events and
private events held at City venues for their musical and entertainment productions.
On June 1, 2006, the City Council approved a first amendment template agreement to be
used with various radio stations that use City venues for their musical and entertainment
productions and authorized the City Manager or his designee to execute them. As part of this
approval, staff was directed to make a recommendation to further clarify the sound policy
referenced in paragraph 3 of the template agreement. Staff has since researched the topic and
has found that most counties, municipalities, towns and jurisdictions in one way or another,
Council 2006-07-20 10
exempt athletic contests, concerts, open-air festivals, fairs, outdoor musical entertainment etc.
from such policies and ordinances, as does the City of Clearwater in Section 3-1508, D, 4, of
the Community Development Code of the City of Clearwater governing “Noise.” Staff is
recommending that the policy be added to the City Council policies under the Leisure Section as
Item C entitled “Amplification of Sound at City Venues”. If approved, the City Manager or his
designee shall be responsible to administer this policy.
In response to questions, Parks & Recreation Director Kevin Dunbar provided
information on the type of equipment being considered. Staff also plans to measure the bass.
It was suggested sound level weights be changed and the City Manager have the authority to
make exceptions.
Councilmember Jonson moved to approve policy relating to the amplification of sound at
City co-sponsored events and private events held at City venues for their musical and
entertainment productions, with amendments: 1) City Manager has authority regarding
motion
exceptions and 2) Change to specify “C” weighting of sound levels. The was duly
carried
seconded and unanimously.
11.4 Approve the City Manager's recommended Penny for Pinellas (1% Optional
Infrastructure Sales Tax) Amended Project List for the ten-year period of 2010 through 2020.
At the May 30, 2006 Work Session, the City Council reviewed the City Manager's
recommended Penny for Pinellas projects for the next ten-year cycle. At that meeting, several
changes were suggested by the City Council. Those changes include three additional projects,
several minor title changes, and a decrease in the funding for the Downtown Streetscape
project to $12.5 million. The additional projects include: Senior Facility for $3.5 million, Ruth
Eckerd Hall for $4 million, and Traffic Calming for $5 million.
In addition, on June 28, 2006, a Town Hall meeting was held to discuss these proposed
projects with Clearwater residents. Residents were given an opportunity to interact with the City
Council and staff. In Spring 2007, Pinellas County voters will be asked to approve an extension
of the "Penny for Pinellas" optional infrastructure sales tax for a ten-year period, from the year
2010 through 2020. According to Pinellas County estimates, the City of Clearwater will receive
approximately $138,855,000 of proceeds during this ten-year period. The attached list reflects
the City Manager's amended list of recommended projects, based upon the Council's direction,
representing those projects that best meet the City's needs taking into account the City
Council's Vision for the community. This recommended list includes City projects totaling
$130,910,180, leaving an unallocated reserve of $7,944,820; 1) Police Equipment Shelter -
$2,833,250; 2) Police Homicide Vehicle - $150,000; 3) Clearwater Beach Fire Station
Renovation/Reconstruction - $4,147,910; 4) Lakeview Fire Station Renovation/Reconstruction -
$4,755,560; 5) Countryside Fire Station Renovation/ Reconstruction - 4,648,460; 6) Downtown
Streetscaping - $12,500,000; 7) Highland Ave Widening - Union St. to Sunset Point Rd. -
$2,500,000; 8) Bayshore Blvd Realignment North of Drew St. - $2,500,000; 9) Downtown
Parking - $6,250,000; 10) Coachman Park Redevelopment - $5,000,000; 11) Youth Sports
Fields Renovations & Improvements - $7,000,000; 12) Neighborhood Parks Renovations &
Improvements - $5,000,000; 13) Recreation Trails - $3,000,000; 14) Countryside Family
Aquatics Center Development - $2,500,000; 15) Municipal Beach Parking Garage -
$12,500,000; 16) City-wide Seawall Replacement - $1,250,000; 17) Countryside Branch Library
Expansion & Renovation - $6,250,000; 18) East Branch Library Expansion & Renovation -
$6,250,000; 19) Library Technology - $1,250,000; 20) New City Hall & Parking Garage -
Council 2006-07-20 11
$25,000,000; 21) City-wide Wireless Mesh - $3,125,000; 22) Senior Facility - $3,500,000; 23)
Ruth Eckerd Hall - $4,000,000; and 24) Traffic Calming - $5,000,000.
Three persons spoke regarding Penny for Pinellas.
In response to citizen comments, Mr. Dunbar said staff will present a 10-year bicycle trail
plan at the next Council meeting. In response to a question, Mr. Dunbar said the City has
budgeted the replacement of missing sidewalk sections, etc., which will be 50% complete before
Penny 3 becomes effective.
In response to a citizen concern, it was stated that Penny 3 does not include a new
beach library but funds are budgeted to retain a beach library.
Discussion ensued with comments that the concept of the Penny tax was to use it for
projects that otherwise would not have been funded. It was suggested that some Penny 3 funds
be allocated to Pinellas Trail enhancement. Discussion ensued regarding a recommendation to
use some Penny 3 funds for stormwater facilities, with comments that there is another funding
source for those projects.
Councilmember Petersen moved to approve the City Manager's recommended Penny for
Pinellas (1% Optional Infrastructure Sales Tax) Amended Project List for the ten-year period of
motion
2010 through 2020. The was duly seconded.
Councilmember Jonson moved to amend the motion to include $4 million for stormwater
quality improvements, subject to removing a similar amount from another project. There was no
second.
carried
Upon the vote being taken on the original motion, the motion unanimously.
11.5 Adopt a tentative millage rate of 5.42 mills for fiscal year 2006/07 and set Public
Hearings on the Budget for September 5, 2006 and September 21, 2006 to be held no earlier
than 6:00 p.m.
In accordance with the TRIM Bill process it is necessary for the City Council to adopt a
tentative millage rate prior to finalizing and adopting the Budget. The tentative millage rate will
be included in the TRIM Bill notices sent to taxpayers in early August and cannot be increased
without special mailing. The City Manager's recommended millage rate of 5.42 mills is a
reduction of one-third mill from the current millage rate of 5.753 mills. The rolled back rate,
according to State of Florida definition, is the millage rate that will provide the same ad valorem
tax revenue as was levied in the prior year. If the recommended rate of 5.42 mills is adopted,
the City's ordinance adopting the millage rate will reflect a 14.52% increase over the rolled back
rate of 4.7326 mills.
The City Manager reviewed the guiding principles used to develop the budget. It was
noted budget performance measurements link to the Vision.
Consensus was to hold budget discussion for July 31, and August 14, 2006. The City
Manager requested that Councilmembers submit a list of topics for discussion.
Council 2006-07-20 12
Councilmember Hamilton moved to adopt a tentative millage rate of 5.42 mills for Fiscal
Year 2006/07 and set Public Hearings on the Budget for September 5, 2006 and September 21,
motioncarried
2006 to be held no earlier than 6:00 p.m. The was duly seconded and
unanimously.
11.6 Authorize staff to proceed with such steps necessary to place the Downtown Boat Slips
Project on the November referendum, authorize additional funding in the amount of $91,370 to
come from the unappropriated retained earnings of the Special Development Fund, and
authorize Phase III of the work order to Wade-Trim in an amount not to exceed $61,870.
At the March 16, 2006, Council meeting, City Council authorized anticipated activities
and estimated cost of $345,426 for Phases I and II of the Downtown Boat Slips project, and
approved a Work Order to Engineer of Record Wade-Trim in the amount of $258,426 for
Phases I and II. The results of this work are being presented to City Council for discussion at
this time. Wade-Trim was hired to coordinate the work required to determine the feasibility of
constructing and operating the downtown boat slip project. They have provided a report on the
project and made a presentation at the Work Session. ATM (Applied Technology Management,
Inc.) was hired to determine the market and financial feasibility of the Downtown boat slip
project. ATM has provided a market and financial feasibility report and made a presentation at
the Work Session. Should Council authorize a referendum on the project, additional funds will
be needed to move forward with Phase III.
The budget approved for this project in March 2006 included: Wade-Trim – Phases I and
II - $258,426, Financial Feasibility Study - $20,000 (estimated), Public Communications -
$67,000 (estimated), Total Current Budget - $345,426. Additional Funds are needed to move
the project through the referendum process as follows: Wade-Trim – Phase III - $61,870,
Shortfall in market/financial study - $29,500. Current request - $91,370. Note that the financial
feasibility study was originally estimated at $20,000, however, when a market study was added,
the cost was $49,500. The additional $29,500 was paid from the City Manager’s flexibility fund
and authorizing those funds now will enable the return of funds to the City Manager’s flexibility
fund.
Assistant City Manager Rod Irwin reviewed staff’s recommendation to reduce the $3.2
million shortfall: 1) Increase boat slip rates to $14/month; 2) Increase rates annually; 3) CRA
(Community Redevelopment Agency) to contribute $500,000 by 2008; and 4) City to fund $1.1
million of public portion, essentially balancing the project’s cash flow. Staff proposed to assign
the greatest cost to users that receive the greatest benefits. The boat slips need to operate as
an enterprise operation. Staff will pursue grants and discuss the slips with the County and the
FWC (Fish and Wildlife Commission). It was remarked that the DDB (Downtown Development
Board) had indicated they would consider making a contribution.
Two persons spoke in opposition to the boat slip project and eight spoke in favor.
Residents were encouraged to educate themselves on this project. Residents will have
priority to rent the slips. Discussion ensued, with comments that the project will protect
seagrasses, commercial activity will be limited to picking up and dropping off patrons, and ticket
booths, balloons, banners, personal watercraft rentals, davits and boat lifts will not be permitted.
It was recommended that a photo simulation of the project be developed with language that
existing parking will be enhanced but not expanded.
Council 2006-07-20 13
Councilmember Petersen moved to authorize staff to proceed with such steps necessary
to place the Downtown Boat Slips Project on the November referendum, authorize additional
funding in the amount of $91,370 to come from the unappropriated retained earnings of the
Special Development Fund, and authorize Phase III of the work order to Wade-Trim in an
motioncarried
amount not to exceed $61,870. The was duly seconded and unanimously.
11.7 Adopt Resolution 06-43 supporting in concept the strategies contained in Pinellas by
Design: an Economic Development and Redevelopment Plan for Pinellas County.
The PPC (Pinellas Planning Council) requested the Council adopt a Resolution
supporting Pinellas by Design.
Councilmember Jonson moved to support, in concept, the strategies contained in
Pinellas by Design: an Economic Development and Redevelopment Plan for Pinellas County.
motioncarried
The was duly seconded and unanimously.
Resolution 06-43 was presented and read by title only. Councilmember Hamilton moved
to pass and adopt Resolution 06-43 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
12. City Manager Verbal Report – None.
13. Council Discussion Items
13.1 School Resource Officers in Clearwater and Countryside High Schools
Discussion ensued regarding the Pinellas County School Board Superintendent’s
proposal to reduce costs by replacing City Police Officers, who serve as SROs (School
Resource Officers), with Sheriff deputies. It was reported that students’ rights and
inconsistencies in the way things are handles are major concerns. In response to questions,
Deputy Police Chief Baird reported the Discovery School has a full time SRO, Officer Friendly
visits elementary schools, and School Board police are sworn officers and have a presence in
most schools. As discussions occur, policy questions will come back to the Council for review.
13.2 Florida League of Cities Resolution supporting an amendment to the Florida Constitution
providing for limited portability of the benefits afforded by "Save Our Homes."
As the FLC (Florida League of Cities) has little current background information, it was
recommended that this item be considered at the next meeting.
13.3 Council Mail Distribution
Discussion ensued regarding the Council mail distribution process.
Council 2006-07-20 14
.
.
.
Consensus was for Council mail to be scanned into Laserfiche prior to distribution.
14.
Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events, expressed condolences to Ruth Eckerd family, and thanked staff regarding
the July 4 celebration.
Councilmember Jonson gave an update on meeting with Leslie Waters - discussed
grants to protect homes, the need for a Hurricane Catastrophe Fund and what citizens need to
do to prepare for hurricanes, appreciated meeting with the Mayor regarding transit issues, will
share photos from his Denver & Seattle trip at the next Work Session. Acknowledged the
passing of Jan Rutz. Encouraged all to go Downtown to check out neat places, reported the
billboard on Gulf-to-Bay Boulevard has been removed.
Mavor Hibbard hopes the State considers grants to help people shutter their windows, is
pleased the Governor convened a Blue Ribbon Task Force to address insurance issues, said
Bob Brumback and Denise Wilson, who are retiring, will be missed, commended the City Clerk
on her election as second Vice-President of the Florida Association of City Clerks, reminded all
to apply online or call regarding the Citizens 101 Academy.
Councilmember Petersen said the TBRPC (Tampa Bay Regional Planning Council) had
requested a special legislative session regarding insurance.
Councilmember Doran thanked and congratulated Doug Williams regarding the July 15
Health Fair; reported new PAC (Pension Advisory Committee) member Steve Sarnoff was
elected by employees and thanked John Lee for his service on the PAC.
Councilmember Hamilton is looking forward to his Phillies trip; said be safe during
storms, as lightning is dangerous.
15. Adjourn
The meeting adjourned at 9:26 p.m.
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'1OIayor
City of Clearwater
Attest:
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Ci lerk
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15
Council 2006-07-20
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
,COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
.~ NAME-FIRST NAME-MIDDLE NAME
Doran, John
Clearwater
DATE ON WHICH VOTE OCCURRED
FL
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Clearwater Cit Council
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
Cl CITY [J COUNTY
NAME OF POLITICAL SUBDIVISION:
City of Clearwater
MY POSITION IS:
[J OTHER LOCAL AGENCY
MAILING ADDRESS
CITY
65 Verbena Street
COUNTY
~ ELECTIVE
[J APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
terson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
re which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the speCial private gain or loss of a business associate. Commissioners of community redevelopment agenCies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
ca~~~ .
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
*
*
*
*
.
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
*
.
*
.
*
.
*
*
.
*
.
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
.ou or at your direction.
. OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CEFORM8B-EFF.1QOOO
PAGE 1
APPOINTED OFFICERS (continued)
.
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
John Doran
, hereby disclose that on
July 20
2006 .
'-.
(a) A measure came or will come before my agency which (check one)
L inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
,which
#7.1 Approve Amendments to the Community Development Code imposing a
moratorium upon certain development approvals for the Marina Residential
District Subarea of the Beach by Design Special Area Plan concerning
Clearwater Beach and Pass Ordinance 7660-06.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000
PAGE 2