07/15/2004
.
.
.
CITY COUNCIL MEETING
CITY OF CLEARWATER
July 15, 2004
Present: Brian J. Aungst
Frank Hibbard
Hoyt P. Hamilton
William C. Jonson
Carlen Petersen
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
City Manager
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 Pastor Steve Ezra of Heritage 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
4.1 - AM SA's National Silver Award to Andy Neff. John Millioan and WPC team
The AM SA's (Association of Metropolitan Sewerage Agencies) National Silver Award
was presented to Public Utilities Director Andy Neff, Water Pollution Control Superintendent
John Milligan, and the WPC (Water Pollution Control) team.
4.2 Service Awards
One service award was presented to a City employee.
5. Presentations:
5.1 2004 State Leoislative Session Report - Rep Don Sullivan
Representative Don Sullivan reviewed legislative issues addressed this year. The
Mayor presented him a plaque in appreciation of work done during the 2004 legislative session.
5.2 Lobbyist - State of Florida Session Report
City Lobbyist, Martha Edenfield, reviewed legislative successes, items slated for
discussion at the next session, and the timeline for preparing for the 2005 session. She said the
Homestead Exemption Constitutional amendment has been removed from the ballot. In
Council Meeting 2004-07-15
1
.
.
.
response to a question, she said a lot of work has been done in the last few days to determine
appropriate staff to involve in which issues.
5.3 Neiqhborhood of the Quarter presentations
The Neighborhood of the Quarter award for Summer 2004 was presented to Oak Grove
Estates.
The Homes of the Quarter awards were presented to George & Pauline Rohrmann at
400 Jasmine Way, Robert & Annie G. Latelers at 1360 S. Madison Avenue, William Miller and
Melissa Copley at 1521 Laura Way, and Jim McCulley at 2024 Little Nick Road.
5.4 Presentation by National Center for children Exposed to Violence and the City of New
Haven, CT
Tom Briggs, Directions for Mental Health presented the City with a plaque for its efforts.
He acknowledged all the participants in the program.
6. Approval of Minutes
6.1 City Council - June 17. 2004
Council member Jonson moved to approve the minutes of the regular meeting of June
17, 2004, as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
7. Citizens to be Heard re Items Not on the Agenda
David Shurmerhorn questioned the monitoring of the contract with Decade Properties
regarding the Seminole Boat Ramp, as he feels the City may be losing money.
John Wiser questioned why the Forest Run Park restroom project proposed during the
first Penny for Pinellas had not been accomplished. He suggested temporary facilities be
installed.
Public Hearings - Not before 6:00 PM
8. Administrative public hearings
8.1 - Approval of the City of Clearwater's Fiscal Year 2004/05 Consolidated Action Plan to carry
forward the aoals and obiectives set forth in the five year Consolidated Plan created in 2000 as
required by HUD. and Authorize the City to enter into aareements with orqanizations contained
in the FY 2004/05 Consolidated Action Plan.
The U.S. Department of Housing and Urban Development (HUD) requires communities
that receive entitlement funding to prepare a comprehensive five-year Consolidated Plan, which
evaluates the needs of the community and sets forth strategies to address those needs. This
Consolidated Plan was completed and approved by the City Council and HUD in 2000. In
addition, the City is required to create and implement an annual statement identifying the
sources and uses of federal money for housing, community and economic development.
Council Meeting 2004-07-15
2
.
.
.
This annual plan, referred to as a Consolidated Action Plan, provides HUD with the
City's housing, community, and economic development budgets and proposed expenditures
based on the entitlement funds and estimated program income that the City will receive. Funds
are to be used to develop viable communities and sustain existing ones. In addition, the funds
will be used to provide safe, decent and affordable housing, and expand economic opportunities
for very low to moderate-income households. This year's Action Plan allocates federal and
state funds to provide housing opportunities for very low to moderate households for new and
existing homes, homebuyer education, construction and/or renovation of public facilities, and to
fund programs that assist the homeless, single parent households, the elderly, the physically
challenged and children, to name a few.
In FY (Fiscal Year) 2004/05, the City is estimated to receive federal funds in the amount
of $1,143,000 through the Community Development Block Grant (CDBG), $584,000 through the
HOME Investment Partnership Program, and $836,000 from the State of Florida through the
State Housing Initiatives Partnership (SHIP) Program. Funds provided through the HOME and
SHIP Programs are limited to housing activities and administration. Funds provided through the
CDBG Program may be used for housing, community and economic development, public
services and facilities, acquisition, demolition, and administration. Additional funding for the FY
2004/05 budget will come from estimated program income funds (loan repayments, loan
payoffs, recaptured funds, etc).
A Review Committee comprised of professionals in the social service and grants
community and one member of the City's Neighborhood and Affordable Housing Advisory Board
(NAHAB) reviewed the applications, scored them and set forth a strategy to maximize the
number applicants that will receive a portion of allocated funds. This year's Action Plan process
incorporated the following: In February, City Staff advertised funding availability. Also, in
February Staff conducted a workshop for interested applicants. The applicants were given thirty
days to complete their applications and return them to the City in mid March. Applicants were
given an opportunity to speak to the Review Committee (RC) and NAHAB regarding their
programs on the day of a bus tour and presentations in late March. City staff reviewed each
application to ensure it met HUD's baseline requirements. This step is performed on a
"pass/fail" basis. Applications then were distributed to RC members. The RC reviewed the
applications on the basis of the ranking criteria contained in the application and based upon the
City's 5- Year Consolidated Planning Document. On May 11, 2004, NAHAB unanimously
approved the recommended allocations contained in the FY 2004/05 Consolidated Action Plan.
Council member Hamilton moved to approve the City of Clearwater's Fiscal Year
2004/05 Consolidated Action Plan to carry forward the goals and objectives set forth in the five
year Consolidated Plan created in 2000 as required by HUD, and authorize the City to enter into
agreements with organizations contained in the FY 2004/05 Consolidated Action Plan. The
motion was duly seconded and carried unanimously.
8.2 - Approve applicant's reeuest to vacate the Easterly three feet of a 5-foot drainaee and utility
easement Iyine alone the west property line of Lot 9, Block 13, Mandalay Subdivision, (A.K.A.
724 Bruce Avenue), and pass Ordinance #7320-04 on first readine. (VAC2004-08 Heniqar)
The applicant seeks this vacation to facilitate the remodeling of an existing carport and
garage that are currently encroaching three feet into the easement. Verizon, Bright House
Council Meeting 2004-07-15
3
.
Cable, Progress Energy and Knology Broadband have no objections to the vacation request.
Planning and Development Services has reviewed the applicant's remodeling plans and has no
objections to the vacation request. The City has no utility facilities in the subject easement
portion and anticipates no future need for the easement portion. Public Works Administration
has no objections to the vacation request.
Councilmember Jonson moved to approve the applicant's request to vacate the Easterly
3 feet of a 5-foot drainage and utility easement lying along the West property line of Lot 9, Block
13, Mandalay Subdivision, (A.K.A. 724 Bruce Avenue). The motion was duly seconded and
carried unanimously.
Ordinance #7320-04 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7320-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
.
8.3 - Subiect to enterinq a Development Aqreement with Kolossos Inn. Inc.. T. M. Meqas. L. C..
and Antonios Markopoulos (collectively. "developer"). and adoption of Ordinance #7289-04
vacatinq part of Gulfview Boulevard that was formerly part of City Park Sub. containinq 5.632
square-feet. more or less (subiect to confirmation by certified survey) and valued at $110/
square-foot. and in compliance with City Charter and fulfillment of provisions of the
Development Aqreement. declare said vacated part of Gulfview Boulevard surplus for the
purpose of exchanqinq title therein to the developer for title to a part of L1oyd-White-Skinner
Sub. and Columbia Sub.. Block A. valued at $11 O/square foot and containinq 8.660 square-feet.
more or less. (subiect to confirmation by certified survey).
The developer proposes to construct a $100 million luxury condominium and resort hotel
on South Gulfview Boulevard. The project would include 350 hotel rooms, 75 luxury
condominiums, and 30,000 square-feet of meeting space. The project will serve as a linchpin to
initiate and spur the City's Beach By Design redevelopment program and Beach Walk, an
expansive meandering public promenade between the proposed development and the Gulf of
Mexico.
Upon vacation. title in the subject parcel will revert to City ownership, as that portion of
Gulfview Boulevard was previously dedicated by the City from its CITY PARK SUB. The values
of the proposed exchange parcels were calculated to be $110 per square-foot as determined by
independent appraisal performed by A. Mitchell Caldwell, MAl, dated June 16,2004. While the
parcels to be exchanged are not identical in size, they are deemed to be of comparable value
and in compliance with City Charter Section 2.01 (d)(5)(iv) for the mutual benefits to be derived
from the transaction. Declaring the subject parcel as surplus for the purpose of exchanging it
with the developer for an 18-foot wide strip of land along the west side of Coronado Drive will
facilitate development of both the hotel/condo project and the public promenade, and serve the
broader public purposes of Beach By Design.
.
Engineering Director Mike Quillen said declaring the property surplus will allow for the
swap, which is contingent upon the approval of a development agreement and vacation request.
Council Meeting 2004-07-15
4
.
.
.
Concern was expressed regarding whether the DRC's (Development Review Committee)
recommended modifications would be resolved. In response to a question, Mr. Quillen said this
parcel is surplus because the City is moving South Gulfview Boulevard due to Beach Walk.
Councilmember Hibbard moved that subject to entering a Development Agreement with
Kolossos Inn, Inc., 1. M. Megas, L. C., and Antonios Markopoulos (collectively, "developer"), to
vacate part of Gulfview Boulevard that formerly was part of City Park Sub., containing 5,632
square-feet, more or less (subject to confirmation by certified survey) and valued at
$110/square-foot, and in compliance with City Charter and fulfillment of provisions of the
Development Agreement, declare said vacated part of Gulfview Boulevard surplus for the
purpose of exchanging title therein to the developer for title to a part of L1oyd-White-Skinner
Sub. and Columbia Sub., Block A, valued at $11 O/square foot and containing 8,660 square-feet,
more or less (subject to confirmation by certified survey). The motion was duly seconded and
carried unanimously.
9. Quasi-judicial public hearings - None.
10. Second Readings - public hearing
10.1 - Adopt Ordinance #7296-04 on second readina. annexina certain real property whose
Post Office address is 193 and 197 Elizabeth Avenue, into the corporate limits of the City. and
redefinina the boundary lines of the City to include said addition.
Ordinance #7296-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7296-04 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 #7297-04 on second readina. amendina the future land use plan
element of the comprehensive plan of the City. to desianate the land use for certain real
property whose Post Office address is 193 and 197 Elizabeth Avenue, upon annexation into the
City of Clearwater. as Residential Urban.
Ordinance #7297-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7297-04 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 2004-07-15
5
---'
.
.
.
10.3 - Adopt Ordinance #7298-04 on second readinq, amendinq the zonino atlas of the City bv
zoninq certain real property, whose Post Office address is 193 and 197 Elizabeth Avenue, upon
annexation into the City of Clearwater, as Low Medium Densitv Residential (LMDR).
Ordinance #7298-04 was presented for second reading and read by title only.
Council member Petersen moved to pass and adopt Ordinance #7298-04 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.
10.4 - Adopt Ordinance #7299-04 on second readinq, annexino certain real property whose
Post Office address is 2025 North Hiohland Avenue, into the corporate limits of the City, and
redefinino the boundary lines of the City to include said addition.
Ordinance #7299-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7299-04 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.
10.5 - Adopt Ordinance #7304-04 on second readinq, vacatinq the 30-foot rioht-of-wav of
Everqreen Avenue, from the northerlv rioht-of-wav line of Druid Road to the westerlv extension
of the northerlv lot line of Lot 1, Block A. Druid Heiqhts Subdivision. subiect to a drainaoe and
utilitv easement which is retained over the full width thereof.
Ordinance #7304-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7304-04 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.
10.6 - Adopt Ordinance #7305-04 on second readinq, vacatinq the 30-foot riqht-of-wav of
Everqreen Avenue, from the westerlv extension of the south property line of Lot 1, Block C.
Druid Heiqhts Subdivision to the westerlv extension of the north property line of said Lot 1.
Ordinance #7305-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7305-04 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 2004-07-15
6
.
.
.
10.7 - Adopt Ordinance #7306-04 on second readinQ, vacatinq the portion of the 60-foot riqht-of-
way of Jasmine Way, formerly known as Ewinq Avenue, that lies between Block 28 and Block
33 of Maqnolia Park Subdivision.
Ordinance #7306-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7306-04 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.
10.8 - Adopt Ordinance #7279-04 on second readinq, authorizinq the City Manaqer to reduce
bond requirements under limited circumstances where the City's liability is less than the full
contract price and authorizinq acceptance of alternate forms of surety.
Ordinance #7279-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7279-04 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.
10.9 - Adopt Ordinance #7308-04 on second readinq, amendinq the City's FY 2003/04
Operatinq budqet at mid-year.
Ordinance #7308-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7308-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Absent: Hibbard.
10.10 - Adopt Ordinance #7309-04 on second readinq, amendinq the City's FY 2003/04 Capital
Improvement Proqram (CIP) budqet at mid-year.
Ordinance #7309-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7309-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Absent: Hibbard.
Council Meeting 2004-07-15
7
.
.
.
City Manager Reports
11. Consent Agenda - Approved as submitted.
11.1 - Authorize the lease purchase of capital items that are within the City Manaaer's level of
purchasina authority without a separate authorization from the City Council as lona as the
capital items meet the lease purchase reauirements. purchasina standards. and are approved in
the budaet.
11.2 - Authorize the additional amount of $50.000 to continue the services of Deborah Brown.
Esa.. of the law firm of Thompson. Sizemore & Gonzalez to assist the City in contract
neaotiations with the International Association of Fire Fiahters (IAFF) and other labor unions
11.3 - Award a contract for the Kapok Wetland and Floodplain Restoration Proiect to Johnson
Brothers Corporation of Bartow. Florida in the amount of $4,596.901.23 for the Construction
(99-0085-EN) and to Aauatic Plants of Florida Inc. of Sarasota. Florida for the Plantina (99-
0085-EN) in the amount of $154.026.11 which are lowest responsible bids received in
accordance with the plans and specifications and authorize the appropriate officials to execute
same.
11.4 - Appoint Tom Calhoun to the Airpark Advisory Board with the term expirina on July 31.
2008.
11.5 - Reappoint Paul Kelley and appoint F. David Hemerick to the Marine Advisory Board with
terms expirina on July 31, 2008.
11.6 - Appoint Shawn Ricardo McCoy to the Community Relations Board with the term expirina
on July 31. 2008.
11.7 - Appoint Councilmember Jonson as votina deleaate to the Florida Leaaue of Cities'
Annual Conference. Auaust 19 - 21. 2004.
11.8 - Appoint Rick Rosa as the Community Response Team Representative to the Enterprise
Zone Development Aaency Board with a term expirina on July 31,2008.
Purchasing
11.9 - Increase the award from $50,000 to $120,000 for the purchase of Flyat pumps.
replacement parts and authorized service durina the remainina period that started April 1. 2004
and ends April 30, 2005.
11.10 Increase by $350.000, the contract for vehicle fuel that was awarded on December 18.
2003 to a new contract total of $1 ,530,000.
11.11 Cisco eauipment for emeraency backup and various switches and routers for Citywide
use.
Council Meeting 2004-07-15
8
.
Councilmember Petersen 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 - Approve a five-year Conduit License Aareement with Time Warner Telecommunications
of Tampa. Florida. to be received in minimum annual payments of $3.604 for affordina Time
Warner the use of approximately 1.700 feet of City-owned conduit for a sinale 24-count fiber
optic bundle.
The Mayor recused himself.
Time Warner Telecommunications of Florida would like to connect its fiber optic cable to
the Pinellas County Courthouse. Time Warner has requested access to the City's existing
conduit system to connect to the Courthouse. Time Warner will pull approximately 1,700 feet of
fiber optic cable through an existing four-inch City conduit (currently vacant). The run originates
at approximately the corner of Pierce Street and Osceola Avenue and runs east on Pierce
Street to Myrtle Avenue, where it will tie into a City-owned junction box at the northwest corner
of Pierce Street and Myrtle Avenue. Along the run, Time Warner will pull a 24-count fiber
bundle within the conduit at "no cost" to the City.
.
This license agreement is for a five-year term, with two separate additional five-year
options (10% maximum increase) if both parties mutually agree to extend the lease after each
five-year term. The City will receive a minimum annual amount of $3,604 for affording Time
Warner the right to license approximately 1,700 linear feet of City-owned conduit. The City
reserved the right to increase the annual amount of this license 10% over each of the second
and third 5-year renewal periods. All revenues will be placed into the City's Administrative
Services Fund.
Councilmember Hamilton moved to approve a five-year Conduit License Agreement with
Time Warner Telecommunications of Tampa, Florida, to be received in minimum annual
payments of $3,604 for affording Time Warner the use of approximately 1,700 feet of City-
owned conduit for a single 24-count fiber optic bundle. The motion was duly seconded.
Councilmembers Hibbard, Hamilton, Jonson, and Petersen voted "Aye"; Mayor Aungst
abstained. Motion carried.
12.2 - Adopt a tentative millaae rate of 5.753 mills for fiscal year 2004/05 and set Public
Hearinas on the Budaet for September 2. 2004 and September 16. 2004 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 a special mailing.
The City Manager's recommended millage rate of 5.753 mills is the same millage rate as
adopted for the current year. The rolled back rate, according to State definition, is the millage
rate that will provide the same ad valorem tax revenue as was levied the prior year. If the
.
Council Meeting 2004-07-15
9
.
recommended rate of 5.753 mills is adopted, the City's ordinance adopting the millage rate will
reflect a 9.83% increase over the rolled back rate of 5.2379 mills.
The effect of the recommended rate of 5.753 mills on an individual Clearwater taxpayer:
1) If an individual's property tax value has not increased (i.e. no reassessment), there would be
no increase in the City of Clearwater's share of property tax, and 2) If an individual's property
tax value has increased (i.e. reassessment), the tax increase would be the same percentage
increase (a 3% increase in value would result in a 3% increase in the City of Clearwater's share
of property tax).
Councilmember Jonson moved to adopt a tentative millage rate of 5.753 mills for fiscal
year 2004/05 and set Public Hearings on the budget for September 2, 2004 and September 16,
2004 to be held no earlier than 6:00 p.m. The motion was duly seconded and carried
unanimously.
12.3 - Approve Resolution #04-12. a non-Clearwater resident dock fee increase for private
tenants at the Clearwater Municipal Marina and oive priority to Clearwater residents on the
private waitino list.
.
A number of citizens have asked why taxpaying citizens of the City are not given priority
over non-Clearwater residents for private boat slips at the Clearwater Municipal Marina. The
City always has offered slips by the date in which boat owners called to be put on the waiting
list. The average wait for a private slip is three years or more. Historically, there has been a
50:50 mix of resident to non-resident private tenants. At one time, the City could not keep the
slips occupied without offering them to non-residents, due to personal preference in the size and
location of the slips. Marina rentals currently are 60% non-residents and 40% residents.
The Marine & Aviation Department five-year business plan for FY 2003 through FY 2007
was approved by the City Council on September 19, 2002. In it, a provision was made for 5%
rate increases, every other year for both private and commercial tenants, whether or not they
are Clearwater residents. Currently, all non-residents pay 15% more than residents. Staff
recommends increasing the non-resident private dock fee 40% on October 1, 2004, instead of
5%, and 10% per year, until non-resident tenants are paying double the resident rate. The
resident rate increase would remain 5% every other year.
Staff surveyed other municipal marinas, and with the exception of St. Petersburg, the
City is in line with municipal slip rent prices. St. Petersburg charges double the City's rate, but
provides their tenants with two "free" parking passes for each slip. City marina tenants can buy
annual parking passes, which in effect, nearly doubles the slip rent and do not guarantee a
parking space. Revenue from parking sold at the marina goes to the Parking Fund, not the
Marina. The City of Dunedin does not allow non-Dunedin residents to rent boat slips in that
marina. The one exception, Gulfport, is less expensive than the City's Marina, has adequate
parking for tenants with slips, and has a newer facility with a launch ramp and fuel. Non-
resident tenants at Gulfport's marina pay 20% to 25% more than residents.
In the interest of providing more Clearwater residents dockage at the City-owned marina,
staff would like to offer residents on the waiting list first choice of slips, and charge non-
residents substantially more than residents.
.
Council Meeting 2004-07-15
10
.
Concern was expressed putting residents first would reduce revenues. Marine &
Aviation Director Bill Morris said non-residents that remain will pay more. In response to a
question, Mr. Morris said about 15% of slips are for transient use. Transient slips are allowed
two months per calendar year. Whenever a transient boater has notified staff they will be away
for a period of time, slips are rented out at a higher rate. In response to a question, Mr. Morris
said some slips have boatlifts. Persons can install boatlifts however, those boatlifts remain with
the slips when the renter leaves.
Councilmember Hibbard moved to approve a non-Clearwater resident dock fee increase
for private tenants at the Clearwater Municipal Marina, and give priority to Clearwater residents
on the private waiting list. The motion was duly seconded and carried unanimously.
Resolution #04-12 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #04-12 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.
12.4 - Approve Resolution #04-14 modifvinq the commercial and private dock permits for
tenants at the Clearwater Municipal Marina.
.
Persons wishing to be put on the commercial waiting list to run a charter boat operation
from the Clearwater Municipal Marina have an approximate twelve-year wait. A selling item for
both commercial and private tenants always has been the ability to take over the lease for the
City slip with the purchase of a business/vessel.
Charter boat owners have added significant monetary value for the business location,
business name, and potential clientele, knowing people would rather pay more than the value of
the boat in order to bypass the waiting list. Buyers have been willing to pay the cost because
they know the value of a boat slip, especially for commercial operations. When a commercial
tenant wishes to get out of day-to-day operations but cannot find someone with the money to
buy them out, they form a partnership or corporation. This way the partner can take over the
operation without violating the docking permit by subletting the space. Trying to authenticate
ownership becomes a challenge that staff can only solve with the assistance of City Legal staff.
Staff has surveyed several other cities' docking permits and incorporated changes into
City regulations that will help staff specifically address and curtail the impression that owners
can sell their slips. A transfer fee, equivalent to three year's base rent in effect at the time of the
sale, will be imposed for both commercial and private sales if the new owner wishes to take over
renting the City-owned slip. Commercial tenants will no longer be able to assign, transfer, or
use the slip for any purpose other than provided by the terms of the dock permit, except to be
assigned to a corporation, so long as the percentage of ownership interest in the new entity is
held in the same proportions, by the same individuals as was the previous vessel ownership
and dock permit.
Any new commercial tenant will be required to submit for review, an application that
contains personal and business financial statements with financial and business references, a
.
Council Meeting 2004-07-15
11
.
credit check, prior related commercial chartering or business experience, insurance policy,
criminal record, current business licenses and personal references. The Harbormaster will have
the right to reject any application based on false or misleading information, prior or current
criminal conviction, bad credit history, incomplete or inaccurate application information, or any
other similarly related cause.
In response to a question, Mr. Morris said there is a transfer fee if a new owner wants to
take over renting the slip.
Councilmember Hibbard moved to modify the commercial and private dock permits for
tenants at the Clearwater Municipal Marina. The motion was duly seconded and carried
unanimously.
Resolution #04-14 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #04-14 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.
.
12.5 - Pass Ordinance #7307-04 on first readina increasina the residential and commercial
Stormwater Utilitv rate to $9.63 per Eauivalent Residential Unit (ERU) beainnina 10/01/2006. to
$9.92 per ERU beainnina 10/01/2007, and to $10.22 per ERU beainnina 10/01/2008: approve
an increase of five full time eauivalent (FTE) positions for the Stormwater Maintenance
department to beain October 1. 2004 at a cost of $172.840 includina benefits and eauipment.
The Stormwater Utility was established effective 1991. On August 6, 1998, Ordinance
#6309-98 was passed, increasing Stormwater Utility rates to $4 per ERU (Equivalent
Residential Unit), beginning October 1, 1998, and establishing a series of four subsequent 4.3%
increases to be effective October 1, 1999 ($4.17), October 1, 2000 ($4.35), October 1, 2001
($4.54) and October 1, 2002 ($4.73).
Between 1998 and 2001, staff completed watershed management plans for all major
watersheds in the City. These plans identified numerous residences and businesses subject to
flooding in a 1 DO-year storm event. These were combined with a list of flood-prone residences
based on staff knowledge and citizen complaints. Based on this information, it was apparent
that the existing stormwater utility rates would not be sufficient to address these flood problems
in a timely manner, while also providing for necessary maintenance of existing stormwater
infrastructure.
.
Consequently, on November 15, 2001, Ordinance #6855-04 was passed, increasing
stormwater utility rates to $6.13 (40.8%) per ERU beginning October 1, 2001, and establishing a
series of four subsequent increases to be effective October 1, 2002 (16.8%, $7.16), October 1,
2003 (12.0%, $8.01), October 1,2004 (8.0%, $8.65), and October 1,2005 (8.0%, $9.35). Due
to the rate increases adopted in 2001, several significant flood control and water quality projects
have been completed or are underway, including: 1) Prospect Lake Park; 2) Myrtle Avenue
Road and Drainage Improvements; 3) Kapok Wetland & Floodplain Restoration; 4) Glen Oaks;
North Beach Drainage; 5) Lake Bellevue; and 6) Repair & Replacement Projects.
Council Meeting 2004-07-15
12
.
.
.
The City's utility rate consultant, Burton and Associates, has completed a revenue
sufficiency and financial forecast analysis following the completion of the third year of operations
under rates approved in 2001. As anticipated, due to operational savings and additional grant
funds received, this analysis showed that only minimal rate adjustments will be necessary
through the year 2009.
Staff is requesting a series of 3% rate increases to be effective October 1,2006 ($9.63),
October 1, 2007 ($9.92) and October 1,2008 ($10.22), with no recommended change to the
previously approved rates of $8.65 and $9.35 effective October 1, 2004 and October 1, 2005,
respectively. In addition to funding for continuing approved projects, staff recommends the
following new projects for Commission funding approval: 1) Coastal Improvements, 2) Coopers
Point, 3) Channel Improvements; and 4) Allen's Creek Drainage Improvements. Individual
projects will be presented to the Council for development approval.
Five additional positions are included in the rate study and the requested rate increases.
The positions requested are: 1) TV Camera Truck operator; 2) Supervisor I; 3) Storm Line
Inspector; 4) Heavy Equipment Operator; and 5) Customer Service Representative. The TV
Camera Truck Operator, Storm Line Inspector, and Heavy Equipment Operator positions will be
staffed through promotions within Public Services. Because of the promotions, the five
positions to be added are three Public Service Technician I, a Supervisor I, and a Customer
Service Representative. For FY 2005, the estimated cost for these positions is $172,840.
Staff was complimented for reducing the anticipated increases needed.
Councilmember Hamilton moved to increase the residential and commercial Stormwater
Utility rate to $9.63 per Equivalent Residential Unit (ERU) beginning October 1, 2006, to $9.92
per ERU beginning October 1, 2007 and to $10.22 per ERU beginning October 1, 2008;
approve an increase of five full time equivalent (FTE) positions for the Stormwater Maintenance
department to begin October 1,2004, at a cost of $172,840, including benefits and equipment.
The motion was duly seconded and carried unanimously.
Ordinance #7307-04 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7307-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, and Petersen.
"Nays": None.
Absent: Aungst
12.6 - Review Council Policies for any chanoes. and revise policies to include addition to
Leisure Section C.. Desiqnatino Memorials on City Public Property.
A yearly review of current Council policies is recommended. In addition, as requested
by the City Council, the Parks & Recreation Department has proposed a policy regarding
designating memorials on City public property.
Council Meeting 2004-07-15
13
.
.
.
Parks and Recreation Director Kevin Dunbar said this item is in response to inquiries to
memorialize loved ones with living plants or plaques. Concern was expressed that living plants
and markers of any type most likely would have to be maintained by the City.
Discussion ensued regarding memorials being limited to Crest Lake Park. Assistant City
Manager Garry Brumback said staff felt maintaining a variety of locations throughout the City for
memorials would be problematic. Mr. Dunbar said Crest Lake Park was selected because it is a
central location in the City. He said Largo has granted memorials in Largo Central Park and is
now faced with maintenance issues. He said the majority of cities do not allow memorials on
public property.
Councilmember Hibbard moved to approve the changes to Council Policies, except for
the addition designating memorials on City public property. The motion was duly seconded
and carried unanimously.
12.7 - IAFF Contract Neootiations Update
Human Resources Director Joe Roseto reported the IAFF (International Association of
Fire Fighters) and City have been unable to reach consensus regarding contract negotiations.
No future meetings are scheduled. The City is committed to move forward with negotiations.
13 - City Attorney Reports - None.
14 - City Manager Verbal Reports
The City Manager reported Administrative Analyst Rosemarie Alfaro now is attending the
Pinellas County Charter Review Commission meetings.
15 - Council Discussion Items
15.1 - Draft letter to DOT
Councilmember Jonson reported he had prepared another draft of his letter to FDOT
(Florida Department of Transportation) and requested City Council approval.
Consensus was to send the letter.
15.2 - Communitv Outreach
Discussion ensued regarding focusing on interim options that could be implemented in
the City while waiting for the new Memorial Causeway Bridge to be completed. Concern was
expressed regarding how much would be spent on the effort.
In response to a question, Assistant City Manager Ralph Stone said it took many years
for St. Petersburg to revitalize its downtown. The major corporate presence of Florida Power
anchored and started a chain reaction in Downtown. They went into significant debt and are still
paying. St. Petersburg has been building on its redevelopment plan for 20 years.
Council Meeting 2004-07-15
14
.
.
.
Mr. Stone said the DDB (Downtown Development Board) has authorized a retail market
analysis, a Downtown development and marketing study, and a computer design of the
Downtown core.
In response to a question, Mr. Stone said public opinion in St. Petersburg did not change
until the Baywalk multiplex theatre was completed. He said Ybor City is losing money, but the
Baywalk theater is doing well. He felt there was not a community appetite for discussion
regarding Downtown right now. He believed Downtown would not be successful until traffic is
taken off Cleveland Street and the new bridge is completed.
Discussion ensued in regard to continuing to communicate with the public and
suggestions included maintaining a database for concepts for Downtown, using the Internet,
and including informational stuffers in utility bills.
Direction was given for staff to pursue options.
16. Other Council Action
Councilmember Hibbard said due to campaigning for Council seat in September, he will
no longer write for the Countryside Cougar after August. Councilmembers Petersen and
Jonson agreed to rotate writing the column.
Councilmember Hibbard requested removing parking from both sides of Cleveland Street
until the new bridge is open. Discussion ensued and consensus was not to remove the parking
but to continue to monitor the traffic.
Mayor Aungst said Tampa Bay Lightning's advertisement agency has expressed interest
in scheduling a Stanley Cup event at Clearwater Beach in September. Consensus was to write
a letter inviting them without making any major resource commitment.
Council member Hibbard said 12-year old Lindsey L10veras wrote a letter to Briggs and
Stratton and won a $5,000 grant for outdoor facilities, which will benefit the City. He thanked
legislators and Chamber for legislative breakfast; visited Lockheed; and attended Clerk of the
Year Awards in Orlando, where City Clerk Cyndie Goudeau was a finalist.
Councilmember Hibbard and Jonson complimented Ms. Goudeau for doing a wonderful
job as City Clerk and Legislative Coordinator and congratulated her for being named a finalist
for Clerk of the Year.
City Clerk Cyndie Goudeau acknowledged the passing of Lucille Williams, a former
Clearwater City Clerk, and expressed condolences to her family.
Council member Petersen attended the grand opening of CHIP transitional housing; and
attended the Legislative Breakfast and the Tampa Bay Transit Authority Meeting, where the
high-speed rail system was discussed. She invited everyone to attend Clearwater City Players'
presentation of Carousel at Ruth Eckerd Hall on July 17 and 18, 2004.
Councilmembers Petersen and Jonson said the City's July 4th celebration was
wonderful.
Council Meeting 2004-07-15
15
. Councilmember Jonson reviewed changes requested by FOOT regarding the scenic
highway, including placing it in the City's Comprehensive Plan. Consensus was the changes
are acceptable and will be incorporated into the City's Comprehensive Plan as part of next
year's EAR update.
Councilmember Jonson said, following a July 4, 2004, vehicle accident, he was
impressed with the rescue squad's prompt response. He walked the Balk project; DEP permits
for property east of Prospect have been received and requested future update of that project.
He attended a Scenic Florida Board Meeting in South Florida and will attend the Suncoast
League of Municipalities meeting this Saturday at Bon Appetit.
Councilmembers Jonson and Hamilton said last Friday's employee softball game was
fun.
Councilmember Hamilton and Mayor Aungst congratulated Ralph Stone on his new
position as Treasure Island City Manager.
Councilmember Hamilton has been invited to play in the Firemen vs. Police softball
game on July 18, 2004. He said the legislative breakfast was outstanding. He complimented
Mike Meidel for a wonderful job at the Clearwater Regional Chamber of Commerce, and
congratulated him on his new job as Economic Development Director for Pinellas County. He
wished his wife Happy Anniversary.
.
Mayor Aungst wished Mashid Arasteh, Ralph Stone, Carlen Petersen and his wife a
Happy Birthday. He noted the Threshers July 16, 2004, promotional event "Bring your Dog to
the Ballpark"; attended the membership kickoff drive for the Clearwater Regional Chamber of
Commerce; mentioned the Tampa Bay Partnership Teachers' Appreciation Breakfast; and will
attend Mike Meidel's farewell party.
17 - Adjourn
The meeting adjourned at 8:58 p.m.
~est:
~.:~_lL D.~
C' Clerk
.
Council Meeting 2004-07-15
16
E-FIRST NAME-MIDDLE NAME
Brian J.
NG ADDRESS
P. O. Box 4748
CITY
Clearwater, FL
DATE ON WHICH VOTE OCCURRED
FORM 8B. MEMORANPU.M OF VOTING. CONFLICT FOR
COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD, COUNCIL,GOMMISSION, AUTHORITY, OR COMMITI'EE
Clearwater Cit Council
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF: .
~ CITY 0 COUNTY 0 OTHER LOCAL AGENCY
NAME OF POll TICAL SUBDIVISION:
COUNTY
Pinellas
MY POSITION IS:
~ ELECTIVE
o 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
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
.Ch inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting
neasure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
1 c uding 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 pro-
hibited from voting in that capacity.
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 minutes of the meeting, who should incorporate the form in the minutes.
'"
'"
'"
'"
'"
'"
'"
'"
'"
'"
'"
'"
'"
'"
'"
'"
APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi-.
cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the-
decision, whether orally or in writing and whether made by you or at your direction.
IF you IN'J:'END TO MAKE ANY A'ITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VQTE WILL BE TAKEN: . . . . .. ..-.-. ~
.ou mus~ complete and file this form (before making any attempt to influence the decision) with the person responsible-Jor .
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form must be provided immediately to the other members of the agency.
· 'fhe form must be read publicly at the next meeting after the form is filed.
CE FORM 88 . REV. 1/95
PAGE 1
\ : 1 ~. . : .
;.YOU MAKE NO ATl'EMPt TO INFLUENCE THE DECISION EXCEPr BY DISCUSSION AT'!'HE MEETING:
. ".
.;.you"must disclose orally the nature of your conflict in the measure befo~ participating. bQ
00.
l ~;.~y ou 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,
Brian J. Aungst
. hereby disclose that on
July 15
~:
(a) A measure came or will come before my agency which (check one)
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
-x- inured to the special gain or loss of Timp. W::lrnpr 1'pl pl"'Ommlln; l"'>1H OtlSl
is the parent organization or subsidiary of a principal which has retained me.
"h,(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,by
, which
Item 12.1 - Approve a five-year Conduit License Agreement with Time Warner Telecommunicati~
of Tampa, Florida, to be received in minimum annual payments of $3,604 for affording Time ~
Warner the use of approximately 1700 feet of City owned conduit for a single 24-count "
fiber optic bundle
ffil?~H .~I
1~.t;1;'67it)o1
J- .
tDate Filed
,
<" ;', ,,,'t: UNDER PRO~IONS OF FLORIDA STATUTES ~112.317, A ~~LURE TO MAKE ANY,REQ~~D~CJVA'
. !SE\CONSTITUTES'jt)ROUNDS FOR AND MAY BE PUNISNEDBY ONE'Q-a.MOREOF'THE'FOLM~
I~RcHMENT, REMOVAL OR SUSPENSION FROM OFFICE "OR EMPLO~',DEMdTiONi'REDUtTION1Nfl
''SALAAY,rREPRIMAND, OR A CIVIL PENALTY Ne>T TO EXCEED $10,000.. " " I
." ~'-" '~ "',.!
.CE fORM8S - REV. 1/95
PArJe;g;