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11/15/2006 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER November 15, 2006 Present: Frank Hibbard Carlen Petersen Hoyt P. Hamilton William C. Jonson John Doran Also present: William B. Horne II Garry Brumback Pamela Akin Cynthia E. Goudeau Rosemarie Call Mayor Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Manager City Attorney City Clerk Management Analyst The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Rick Polar from Missouri Avenue Baptist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 - Presentations: 4.1 City Manaoer's Annual Reoort City Manager Bill Horne reviewed the annual report. 4.2 Letter to Rachel Daniels involved in a Fire Rescue Fire Chief Jamie Geer presented Rachel Daniels with a letter commendation. 4.3 Proclamation - Moroan Heart Hosoital at Morton Plant Month - November 2006 4.4 Proclamation - National Familv Week - November 18-25. 2006 4.5 Presentation - We Care Fund 4.6 Farewell to Hoyt Hamilton Councilmembers and staff presented Councilmember Hamilton with various gifts and offered well wishes to him and his family. The Council recessed from 7:06 to 7:14 p.m. 5 - Approval of Minutes 5.1 Aoorove the minutes of the October 17. 2006 City Council Soecial Meetina (Attornev/Client Session) and the November 2. 2006 City Council Meetino as submitted in written summation bv the. City Clerk. Council 2006-11-15 Councilmember Jonson moved to approve the minutes of the City Council Special Meeting (Attorney/Client Session) of October 10, 2006 as corrected: Carlen Petersen as Vice-Mayor and William C. Jonson as Council member. The motion was duly seconded and carried unanimously. AND Councilmember Petersen moved to approve the minutes of the regular meeting of November 21, 2006, as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Beth Coleman congratulated City staff and volunteers for support and efforts involved in Iron Man race. Public Hearings - Not before 6:00 p.m. 7 - Second Readings - Public Hearing 7.1 Adopt Ordinance 7718-06 on second readina amendina the Community Development Code bv amendina Article 4. Development Review and Other Procedures. Section 4-903. to amend the standards for issuance of certificate of concurrency/capacity and addina a new section 4- 904 Proportionate Fair-Share Proaram. Ordinance 7718-06 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance 7718-06 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. 8 - Consent Agenda - Approved as submitted. 8.1 Approve the collective baraainina aareements as neaotiated between the City of Clearwater and the Fraternal Order of Police Officers and the Fraternal Order of Police Supervisors for Fiscal Years 2006/07.2007/08. and 2008/09 and authorize the appropriate officials to execute same. (consent) 8.2 Approve an aareement with Decade Properties. Inc.. d/b/a Clearwater Bay Marina. from December 1. 2006 to November 30. 2007. a one (1) year period. for the collection of daily parkina fees at the Seminole Street Launch Ramps for twenty-five percent (25%) of fees collected and authorize the appropriate officials to execute same. (consent) 8.3 Approve renewal of an aareement between the School Board of Pinellas County and the City of Clearwater providina for the continued use of School Board property for the Martin Luther Council 2006-11-15 Kina Recreation Center and Complex from Januarv 1. 2007 to December 31,2011 and the appropriate officials be authorized to execute same. (consent) 8.4 Approve an aareement between the School Board of Pinellas County and the City of Clearwater providina for the ioint use of facilities from Januarv 1. 2007 to December 31,2011 and authorize the appropriate officials to execute same. (consent) 8.5 Ratify and confirm the City Manaaer's approval of an indemnification aareement between the City of Clearwater and K & P Clearwater Estate. LLC. for the use of their property as a staaina area for the Ford Iron Man World Championship 70.3 (FIMWC) from November 1. 2006 to November 14. 2006. (consent) 8.6 Approve continuina the existina Evolution-Data Optimized (1xEV-DO) service. providina all wireless communication to Police laptop computers. with Alltel for a period of 3 years. December 1. 2006 to November 30. 2009. in an amount not to exceed $406.800 for the three- year period and authorize the appropriate officials to execute same. (consent) 8.7 Appoint Mr. Harvev Huber to the Board of Trustees. Clearwater Police Supplementarv Pension Plan. (consent) 8.8 Approve a lease aareement between Court Development Associates LLC bv JSA Associates LP its Manaaina Member bv DiCicco Partners LLC its General Partner. "Lessor", and the City of Clearwater. "Lessee". for the premises located at 639 Chestnut Street. Clearwater. FL 33756. to use durina the 2006 Officer Friendlv Christmas Cheer Proaram and authorize the appropriate officials to execute same. (consent) 8.9 Approve a Contract (Purchase Order) to Duval Ford of Jacksonville. FL for the purchase of fifteen (15) 2007 Ford Crown Victorias at a cost of $363.885.00. authorize lease purchase under City's master lease purchase aareement and authorize appropriate officials to execute same. ( consent) 8.10 Award a Contract (Purchase Order) for one (1) T oro 4000-D Groundsmaster and two (2) Toro Reelmaster Mowers from Wesco Turf. Inc. of Lake Marv. FL for $148.178.05. authorize lease purchase under City's master lease purchase aareement and authorize the appropriate officials to execute same. (consent) 8.11 Accept a Sanitary Easement over. across and under the west 15 feet of CANTERBURY OAKS OFFICE PARK CONDOMINIUM as iointlv conveyed bv Canterbury Oaks of Clearwater. LLC and Canterbury Oaks Office Park Condominium Association. Inc. in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 8.12 Appoint Martin L. Altner. Joseph W. Evich. Isav M. Gullev. R. Nathan Hiahtower. Robert L. Lonaenecker. Jovce E. Martin. Herbert W. McLachlan. Charles J. Rutz. Jesse Sherman. James E. Strickland and Doualas Williams to the Budaet Task Force Councilmember Doran 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. Council 2006-11-15 9 - Other Items on City Manager Reports 9.1 Amend the Code to delete the number of reauired Brownfields Advisory Board meetinas. and to allow meetinas to be called as needed bv the chairperson or staff liaison and pass Ordinance 7722-06 on first readina. Due to the lower volume of Brownfields activity, it is no longer necessary to require the Brownfields Advisory Board to meet at least six times a year as Chapter III, Section 2.244 states. The Board voted unanimously at their July 19, 2006 meeting that it would be more productive for the meetings to be held on an as needed basis and called by the chairperson or staff liaison. All meetings will be public. This ordinance takes effect immediately upon adoption. Councilmember Jonson moved to amend Section 2.244 of the Code of City Ordinance, City, City of Clearwater, Brownfields Advisory Board to delete the number of required meetings and allow meetings to be called as needed by the chairperson or staff liaison. The motion was duly seconded and carried unanimously. Ordinance 7722-06 was presented for first reading and read by title only. Vice-mayor Petersen moved to pass Ordinance 7722-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 9.2 Approve amendment to Chapter 33. Section 33.067 (3) of the Code of Ordinances to amend the existina Slow Down - Minimum Wake Zone at the entrance of Clearwater Harbor and pass Ordinance 7714-06 on the first readina. On 7/17/03, City Council approved Ordinance 7151-03 making all waters of the Clearwater Marina Channel from a point marked by Marina Channel light 10 north to the shore of Memorial Causeway to the point of the eastern tip of Devon Drive a designated slow down- minimum wake zone. This wake zone was created to protect the marina basin from potential hazards to boaters fueling at the fuel dock caused by boats transiting at speed. After months of observation and a meeting with the commercial operators who transit the area daily, it was determined the established wake zone is not serving the intended purpose. Boaters travel at speed outside the current wake zone, then throttle back at the last second when returning to the marina causing wakes to be pushed into the point at Devon Drive. In addition to this point being a blind corner, residents on this point are subjected to non-stop vessel traffic both in and out of the marina. The vessels frequently cut close to shore in both directions creating hazard to themselves, other boaters and residents in this confined area. The proposed amendment will move vessel traffic to an open, non-residential area. The Marine Advisory Board recommended extending the slow speed minimum wake zone to Brightwater Drive, including the channels between Devon Drive and Brightwater Drive, and Brightwater Drive and Bayside Drive. The board determined there is little to no recreational boating activity in these channels, unlike the channel between Bayside Drive and Bayway Boulevard. By leaving a slow speed minimum wake buffer north of the Marina Channel, just beyond the idle speed zone at the entrance to the marina, and eliminating the controlled speed zone thereafter, commercial operators will save time and money getting in and out of the marina in an area that should have minimal impact on others. By extending the slow speed minimum wake zone to include the channels and fingers of Devon Drive and Brightwater Drive, up to Bayside Drive inclusive out to the bend of the channel Council 2006-11-15 at green marker 9, potential hazards from boaters approaching blind corners and shoal areas at speed will be prevented. Councilmember Doran moved to approve amending Chapter 33, Section 33.067(3) of the Code of Ordinances to amend the existing Slow Down-Minimum Wake Zone at the entrance of Clearwater Harbor. The motion was duly seconded and carried unanimously. Ordinance 7714-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7714-06 on first reading. 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: 10 - City Manager Verbal Reports - None 11 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events, congratulated and thanked all involved in Iron Man, and wished all a Happy Thanksgiving. Jonson requested the Council's direction re position to take regarding the proposed land swap between Triangle and PSTA, at PSTA board meeting. Discussion ensued. Consensus to ask PSTA to delay pursuing the agreement with Triangle but regardless, request PSTA to participate in the joint facility study with the City and County. Jonson suggested a special meeting before the December 12 Work Session to appoint the Interim Councilmember position. Consensus was to have a special meeting on December 4, 2006 at 4:00 p.m. Jonson expressed concern regarding editorial on Next Big Thing event. Petersen congratulated Barbara Green, Homeless Emergency Project, Inc., for receiving the Arnold Andrew Strength in Community Award Chief Klein for receiving the Clearwater Shrine Club's Police Officer of the Year Award. Hibbard congratulated Rev. Frietag, Chapel by the Sea, for 25 years of service to congregation. Council 2006-11-15 15 - Adjourn The meeting adjourned at 8:25 p.m. ~""tAa~ ~~~ -.Mayor City of Clearwater Attest: ." . ~t.A'. oP~- Council 2006-11-15