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05/06/2004 . Present: Brian J. Aungst Frank Hibbard Hoyt P. Hamilton William C. Jonson Carlen Petersen Also present: Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan CITY COUNCIL MEETING CITY OF CLEARWATER May 6, 2004 Mayor Vice-Mayor Councilmember Councilmember Council member Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Rusty Belcher of the First United Methodist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 - Introductions and Awards - None. . 5 - Presentations: 5.1 - Proclamation - Public Works Week - May 16 - 22,2004 5.2 - Proclamation - Emergency Medical Week - May 16 - 22, 2004 5.3 - Proclamation - Tourism Week - May 9 - 15, 2004 5.4 - Presentation CPO (Clearwater Police Department) Volunteers presented a facsimile of a check, representing the dollar value of their volunteer time, estimated at $240,000. 6 - Approval of Minutes 6.1 - City Council Minutes - April 15, 2004 Councilmember Jonson moved to approve the minutes of the April 15, 2004, meeting, as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. . Council Meeting 2004-05-06 1 . . . 7 - Citizens to be Heard re Items Not on the Agenda Billie Neaman and Virqinia Brown of Citizens for Safe Water, and Allan Graham and Ellie Esposito spoke against fluoridating the County's drinking water. Dorothy B. Stanley spoke against the traffic-calming project planned for Skycrest. Public Hearings 8 - Administrative public hearings 8.1 - Declare as surplus to City needs Lots 47 and 48, Block F, Greenwood Park No.2, a/kJa 1128-1130 Palm Bluff Street. and issue Advertisement For Bid No. 17-04 solicitinq sealed bids of not less than $10,000 per lot. Pinellas County deeded subject Lot 47 to the City on December 17,2003, following title vesting in the County due to non-payment of ad valorem taxes. The City had filed $9,788.14 in Code violation liens against the property prior to title escheating to the County. The City acquired title in subject Lot 48 a year earlier, on December 17, 2002, by Certificate of Title issued in settlement of judgment in favor of the City in a civil suit filed in Circuit Court to foreclose a delinquent mortgage balance of $5,760.11 securing a rehabilitation loan funded in CDBG (Community Development Block Grant) File No. RL-632 (Lamb). Neighbors and real estate professionals recently have expressed private sector interest in the lots. On March 31, 2004, State Certified Appraiser Chris Van Slooten performed an appraisal of each lot that valued the City's fee simple interest at $10,000 per lot. Upon the two parcels being declared surplus to City needs, they will be advertised for bid to the highest responsive bidder submitting a sealed bid, or bids, of not less than $10,000 per lot, and complying with any other minimum requirements established by the Council. The purchase contract will be negotiated with the party or parties submitting the most responsive bid for each lot. Following contract approval by the Council, and successful closing(s), net sale proceeds will reimburse Engineering $400 for appraisal expenses, with the balance to reimburse delinquencies cited above. Councilmember Hamilton moved to declare as surplus to City needs Lots 47 and 48, Block F, Greenwood Park No.2, a/kJa 1128-1130 Palm Bluff Street, and issue Advertisement For Bid No. 17-04 soliciting sealed bids of not less than $10,000 per lot. The motion was duly seconded and carried unanimously. 9 - Quasi-judicial public hearings - None. Council Meeting 2004-05-06 2 . . . 10 - Second Readings - Public Hearing 10.1 - Adopt Ordinance #7280-04 on second readino, which amends Appendix A. Clearwater Code of Ordinances, Fees for services provided by the Clearwater Police Department. Ordinance #7280-04 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7280-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 10.2 - Adopt Ordinance #7288-04 on second readino, approvino vacation of a portion of First Street North, a drainaoe and utility easement Iyino within a vacated portion of First Street North, and a utility easement Iyino in a vacated portion of Chautauqua Blvd., located in Chautauqua Unit 1, Section A. Ordinance #7288-04 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance #7288-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 10.3- Adopt Ordinance #7247-04 on second readino, amendino the future land use plan to desionate real property whose post office address is 24698 U.S. 19 North as Residential Medium and Water/Drainaoe Overlay; and chanoe the land use desionation for real property whose post office address is 2520 Sunset Point Road from Commercial General. Residential Low Medium and Water/DrainaQe Overlay to Residential Medium and Water/Drainaoe Overlay. (LUZ 2003-10011) Ordinance #7247-04 was presented for second reading and read by title only. Councilmember Hibbard moved to pass and adopt Ordinance #7247-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Council Meeting 2004-05-06 3 . . . 10.4- Adopt Ordinance #7248-04 on second readinQ, amendinQ the ZoninQ Atlas of the City by rezoninQ certain real property whose post office address is 24698 U.S. 19 North as Medium Density Residential (MDR) and by rezoninQ certain real property whose post office address is 2520 Sunset Point Road from Commercial (C) and Mobile Home Park (MHP) to Medium Density Residential (MDR) (LUZ 2003-10011). Ordinance #7248-04 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance #7248-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. City Manager Reports 11 - Consent Agenda - Approved as submitted. 11.1 - Authorize settlement of the workers' Compensation claim of Claimant. Jose Correa, in its entirety to include medical, indemnity and attorney fees for the sum of $193,250 and authorize the appropriate officials to execute same. 11.2 - Declare surplus to the needs of the City and authorize disposal throuQh sale at the Tampa Machinery Auction, Tampa. Florida, per list of vehicles and equipment. 11.3 - Approve the fourth amendment to the Clearwater Airpark, Inc. lease, the Fixed Base Operator at Clearwater Airpark, amendinQ Exhibit "B," the Tie-Down/HanQar Lease for airpark tenants. 11.4 - Approve termination of the Lease and the License AQreement between Phil Henderson Sr., President of Clearwater Ferry Service, and the City of Clearwater prior to the termination date scheduled for AUQust 31, 2004. 11.5 - Approve one time fundinQ from unapproriated-retained earninQs for the operation of two summer camp proQrams for economically disadvantaQed children that has been previously funded by the Juvenile Welfare Board in the amount of $52.200. 11.6 - Accept a perpetual 10-foot Utility Easement dated March 30, 2004. over and across a portion of Lot 12, Clearwater I ndustrial Park conveyed by Belcal Properties, LLC, a Florida limited liability company, as more specifically described therein. 11.7 - Amend an existinQ Local AQreement Proiect (LAP); increasinQ by $278.568.93 for a new aQreement total of $620,528.93; for the desiQn and construction of a traffic siQnal and driveways on Courtney Campbell Causeway and Damascus Road and Award a contract for the Courtney Campbell Causeway and Damascus Road SiQnalization Proiect (03-0051-EN) to David Nelson Construction Company. Inc. of Palm Harbor, FL for the sum of $541.368.93 which is the lowest responsible bid received in accordance with the plans and specifications. 11.8 - Approve the final plat for "Treetops at Druid Road," located at 2525 Druid Road. Council Meeting 2004-05-06 4 . . . 11.9 - Authorize the use of $20,000 of retained earninqs to fund the Clearwater All-American City Award deleqation's room, board, reqistration, and other expenses at the 2004 All-American City Awards in Atlanta, GA. 11.10 - Brownfields Advisorv Board: Appoint Wallace Smith (Resident) and Chris Rattrav (Business Owner or Representative), with terms expirinq on May 31, 2008. 11.11 - Request for Authority to institute a civil action aqainst Equibore of America, Inc., to recover $7.436.90 for damaqe to City property. 11.12 - Request for Authority to institute a civil action aqainst Professional Services Industries, Inc. to recover $4.450.54 for damaqe to City property. Purchasing 11.13 - Fencinq material and installation durinq the contract period: May 22, 2004 throuqh May 31, 2005. Councilmember Hibbard 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. 12 - Other items on City Manager Reports 12.1 - Pass on first readinq Ordinance #7292-04 which pertains to the City of Clearwater Firefiqhters Supplemental Trust Fund to permit a chanqe in the Plan's investment policy to allow a "BBBn or hiqher rankinq by a maior ratinq service for any bonds invested in by the Plan. The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. A Board of Trustees, solely responsible for administration of the trust fund, manages these monies with the aid of investment and legal professionals. Because of the lump sum payout provision of the Plan, the investment strategy includes significant allocation of Plan assets in fixed income investments. The current investment policy of the Plan limits investments in Bonds to those that carry an "An rating or better. At its most recent quarterly meeting, the Board of Trustees was requested by its primary portfolio manager and investment consultant to consider changes in its investment policy to permit the manager to allow for investment grade bonds of a "BBBn rating. The specific recommendation reviewed the risk/return characteristics of BBB bonds, which are considered a large source of value added in a high quality portfolio. This is consistent with the Plans Target Index of Return, made up of the Merrill Lynch Domestic Master Bond Index, which holds 11.5% of BBB Bonds. Accompanying this change is a requirement in the Supplemental Trust Fund Investment Policy that the average credit quality of the entire bond portfolio remain at an "An or better rating. The Board of Trustees subsequently approved the recommendation and is requesting amendment to the Ordinance as indicated above. Council Meeting 2004-05-06 5 . . . Council member Jonson moved to approve, pertaining to the City of Clearwater Firefighters Supplemental Trust Fund, permitting a change in the Plan's investment policy to allow a "BBB" or higher ranking by a major rating service for any bonds invested in by the Plan. The motion was duly seconded and carried unanimously. Ordinance #7292-04 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7292-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 12.2 - IAFF Union neqotiations update. Human Resources Director Joe Roseto reported the IAFF (International Association of Fire Fighters) Union had voted down the proposed contract. The City will return to the bargaining table next week. 13 - City Attorney Reports 13.1 - Adopt Resolution #04-11. supportinq the consolidation of Pinellas Suncoast Transit Authority (PST A) bus Route 80 with the route of the PST A Suncoast Beach Trolley for the purpose of improvinq service to residents and visitors to Pinellas County beaches and the City of Clearwater and urqinq the PST A Board of Directors to approve the consolidation of said routes. Resolution #04-11 was presented and read by title only. Councilmember Jonson moved to pass and adopt Resolution #04-11 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 14 - City Manager Verbal Reports Executive Golf Course Assistant City Manager Brumback reported the Executive Golf Course has received 5 complaints from Keene Road motorists regarding golf balls in the road. He reviewed insurance coverage and indicated the operator is considering methods to address the problem: 1) plant landscaping by the fence; 2) plant trees inside the fence; and 3) reconfigure the two holes that cause problems. It was recommended the City contact the County for help in achieving a satisfactory solution. Council Meeting 2004-05-06 6 . . . Citizen Survey Public Communications Director Doug Matthews requested feedback on the proposed survey questions. It was recommended the survey be added to the City's website for input by all residents, as long as data is not commingled. It was reported the survey will sample residents who voted in at least three of the last five municipal elections. Discussion ensued regarding use of "redevelopment" in the survey as the word can be interpreted in many ways. Concern was expressed use of a more appealing word, such as revitalization, may skew responses. In response to a recommendation that follow-up questions probe resident reactions to Downtown improvements, etc., it was stated the use of open-ended questions would increase survey costs significantly. It was recommended the survey reference the proposed marina as "boat slips" and include prohibitions against items such as fuel docks. Mr. Matthews said staff opposed separating questions on removal of waterfront parking spaces from replacement of those spaces. It was noted the location of replacement parking seems to be a point of disagreement. In response to a suggestion that questions related to green space precede those regarding parking, it was recommended the survey not be designed to guide answers. 15 - Council Discussion Items - None. 16 - Other Council Action Councilmembers Hibbard, Petersen, Jonson, and Hamilton enjoyed starting today at the Prayer Breakfast at the Harborview Center and thanked the organizers. Councilmembers Hibbard and Hamilton attended the Rotary Exchange Program yesterday, with visitors from Argentina and indicated City civic groups make the City better. Councilmembers Hibbard, Petersen, and Jonson, and Mayor Aunost greatly enjoyed the May 1, 2004, Grand Opening of the new Main Library. Councilmember Hibbard congratulated Steve Miller, of the Parks & Recreation Department, who retired after 30 years with the City and thanked him for his contributions. Councilmember Hibbard attended a fundraiser for The Haven, which does a great job helping abused women. Council member Petersen attended the Out of the Blue art show last weekend at the Harborview Center and encouraged this type of activity. During a recent visit to Birmingham, England, Councilmember Petersen noticed successful redevelopment work achieved in that community. Councilmembers Petersen and Hamilton, and Mayor Aunost enjoyed participating in the Fun In Sun parade on May 1, 2004, and thanked residents for their attendance. Councilmember Jonson expressed concern Largo had provided better incentives to relocate the historic Louis Ducros House and hoped something could be done to keep the structure in Clearwater. Councilmember Jonson supported endorsing a pilot project regarding the Integrated 4.9 GHz Public Safety/5.9 GHz WAVE radio system to form a Community Council Meeting 2004-05-06 7 . . . Network Infrastructure as long as privacy aspects are carefully monitored. Councilmember Jonson encouraged Congress to enact appropriate Spam control legislation. Councilmember Jonson reviewed PSTA plans for stops at Westfield Shopping Town. Council member Jonson announced trees will be given away during the May 8, 2004 Arbor Day celebration. Councilmember Jonson attended a Sayonara party on May 3, 2004, for those visiting Nagano, Japan for a Sister City celebration. Councilmember Jonson reported the Clearwater Historical Society's fish fry last weekend had been a great success. Councilmember Hamilton said it would be improper for Councilmembers to attend IAFF union meetings, as they must maintain impartiality. Councilmember Hamilton attended a Countywide meeting related to homelessness, and hoped initiatives had been started to address this serious situation. Councilmember Hamilton reported the City Council will meet one more time before leaving for Japan. Councilmember Hamilton complimented Parks & Recreation staff for scheduling many Fun 'n Sun activities. Mayor AunQst provided an update on City projects at the Belleair Rotary Club May 15, 2004, luncheon. Mayor AunQst went to Washington D.C. on April 21,2004, with staff members to meet with the City's lobbyist, Congress members, and Senate staff. Mayor AunQst enjoyed attending the April 24, 2004, Clearwater Airpark Open House. On May 1, 2004, Mayor AunQst welcomed the Clearwater Amateur Radio operators, who were celebrating their 50th anniversary. Mayor AunQst attended an April 25, 2004, concert in Coachman Park. Mayor AunQst attended the April 27,2004, Police Department Volunteer Recognition Lunch and thanked those who volunteer on behalf of Clearwater citizens. Mayor AunQst attended the April 30, 2004, Principals' Appreciation Luncheon at Ruth Eckerd Hall and thanked area schools for their commitment to the arts. On April 30, 2004, Mayor AunQst welcomed the Sons of the American Revolution, Clearwater Chapter and State Chapter to their annual meeting. Mayor AunQst attended a May 1, 2004, Charity Works fund raiser in Belleair. On May 2, 2004, Mayor AunQst welcomed Florida Orchestra attendees at the Coachman Park Concert. Mayor AunQst attended the May 5, 2004, retirement reception for Andrew Barnes, with the St. Petersburg Times. Mayor AunQst was interviewed by Pinellas Channel 18, which is highlighting Clearwater in the upcoming "CityScapes." Mayor AunQst invited residents to attend tomorrow's annual Police Memorial Service at Station Square Park. Mayor AunQst will attend the May 7, 2004, National Tourism Luncheon at the Renaissance Vinoy. Mayor AunQst announced the next Work Session is on May 17, 2004, at 9:00 a.m. 17 - Adjourn The meeting adjourned at 7:22 p.m. Council Meeting 2004-05-06 8