10/05/2006
.
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 5, 2006
Present: Frank Hibbard
Hoyt P. Hamilton
William C. Jonson
John Doran
Absent: Carlen Petersen
Also present: William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
Mayor
Councilmember
Council member
Councilmember
Vice-Mayor
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Management Analyst
The Mayor called the meeting to order at 6:02 p.m. at City Hall. The invocation was
offered by Pastor Fred Ball of Skycrest United Methodist Church. Tampa Bay Golden Strings
Orchestra performed the Star Spangled Banner. 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 Diversity Leadership Council Poster Contest Winners
4.2 Proclamation - Put the Brakes on Fatalities Dav - October 10. 2006
4.3 Proclamation - Fire Prevention Week - October 8-14.2006
4.4 Proclamation - National Arts and Humanities Month - October 2006
4.5 Proclamation - National Community Plannina Month - October 2006
4.6 Proclamation - Teen Read Week - October 15-21. 2006
5 . Approval of Minutes
5.1 Approve the minutes of the September 21. 2006. City Council Meetina as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the regular meeting of
September 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
Council 2006-1 0-05
1
. Tom Sehlhorst addressed the Council regarding the many cases the City had filed
against him.
Gloria Bailey introduced herself as an applicant for the upcoming Interim Council
position.
Diane Hodell said red tide is a critical issue and encouraged the City to consider
stormwater runoff into Clearwater Harbor.
Duke Tieman said property taxes for homesteaded and non-homesteaded properties are
a bargain in Clearwater considering the services proYided.
Donald Gutierrez complimented Citizen training and recommended the City impose a
hiring freeze and not pay salaries to interns.
Shawn Lonsdale expressed concerns regarding the progress and labor practices of
several Scientology projects.
Randy Fain complained that he was asked to leave a downtown restaurant when he
spoke critically about Scientology.
Public Hearings - Not before 6:00 p.m.
.
7 - Quasi-judicial Public Hearings
7.1 Continue to a date uncertain the Annexation. Land Use Plan Amendment from the
Residential Suburban (RS) (City and County) cateaorv to the Residential Low (Rl) and
Institutional (I) cateaorv. Zonina Atlas Amendment from the A-E Aaricultural Estate District
(County) and Low Density Residential (LOR) District (City) to the Low Medium Density
Residential (LMDR) and Institutional (I) Districts (City) for orooerty located at 3280/3290
McMullen-Booth Road (consistina of two parcels of land includina Lot 1 Geiaer Tract and the
east 308.25 feet of the North ~ of the Northwest ~ of the Northwest ~ of Section 21-28-16 less
the south 208.75 feet and less the west 84 feet and less the east 100 feet for riaht-of-way and
Pass Ordinances 7715-06. 7716-06 and 7717-06 on first readina. (ANX2005-02003 and
LUZ2005-02002)
Councilmember Jonson moved to continue Item 7.1 to a date uncertain. The motion
was duly seconded and carried unanimously.
8 - Second Readings - Public Hearing
8.1 Adoot Ordinance 7667-06 on second readina. amendina the future land use olan element of
the Comorehensive Plan of the city to chanae the land use desianation for certain real orooerty
whose oost office address is 1101 Howard Street. from Commercial General to Residential
Urban.
.
Council 2006-10-05
2
.
.
.
Ordinance 7667-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7667-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.2 Adopt Ordinance 7668-06 on second readina. amendina the Zonina Atlas of the city by
rezonina certain real property whose post office address is 1101 Howard Street from
Commercial (C) to Medium Density Residential (MDR).
Ordinance 7668-06 was presented for second reading and read by title only.
Council member Hamilton moved to pass and adopt Ordinance 7668-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.3 Adopt Ordinance 7680-06 on second readina. annexina certain real property whose post
office address is 3012 Tennessee Avenue. into the corporate limits of the city and redefinina the
boundary lines of the city to include said addition.
Ordinance 7680-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7680-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
Council 2006-10-05
3
.
.
.
8.4 Adopt Ordinance 7681-06 on second readina. amendina the future land use element of the
Comprehensive Plan of the city to desianate the land use for certain real property whose post
office address is 3012 Tennessee Avenue. upon annexation into the City of Clearwater. as
Residential Urban.
Ordinance 7681-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7681-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.5 Adopt Ordinance 7682-06 on second readina, amendina the Zonina Atlas of the city by
zonina certain real property whose post office address is 3012 Tennessee Avenue. upon
annexation into the City of Clearwater. as Low Medium Density Residential (LMDR).
Ordinance 7682-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7682-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.6 Adopt Ordinance 7683-06 on second readina. annexina certain real property whose post
office address is 1885 CR 193. into the corporate limits of the city and redefinina the boundary
lines of the city to include said addition.
Ordinance 7683-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7683-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
Council 2006-10-05
4
.
.
.
8.7 Adopt Ordinance 7684-06 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 1885 CR 193. upon annexation into the City of Clearwater. as Residential
Low.
Ordinance 7684-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7684-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.8 Adopt Ordinance 7685-06 on second readina. amendina the Zonina Atlas of the city by
zonina certain real property whose post office address is 1885 CR 193. upon annexation into
the City of Clearwater. as Low Medium Density Residential (LMDR).
Ordinance 7685-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7685-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.9 Adopt Ordinance 7688-06 on second readina.vacatina the sixteen-foot alley Iyina alona the
rear property line of Lot 5. Block 16. Milton Park. subiect to a Drainaae and Utility Easement
which is retained over the full width thereof.
Ordinance 7688-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7688-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.10 Adopt Ordinance 7710-06 on second readina. amendina the Operatina Budaet for the
Fiscal Year endina September 30.2006 to reflect increases and decreases in revenues and
expenditures for the General Fund. Special Development Fund. Special Proaram Fund. Water
and Sewer Fund. Stormwater Utility Fund. Solid Waste Fund. Gas Fund. Recyclina Fund.
General Services Fund. and Garaae Fund.
Council 2006-10-05
5
.
Ordinance 7710-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7710-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
8.11 Adopt Ordinance 7711-06 on second readina. amendina the Capital Improvement Budaet
for the fiscal year endina September 30.2006. to reflect a net decrease of $4.774.158.
Ordinance 7711-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7711-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
City Manager Reports
. 9 - Consent Agenda - Approved as submitted
9.1 Declare the list of vehicles and eauipment surplus to the needs of the City and authorize
disposal throuah sale to the hiahest bidder at the Tampa Machinery Auction. Tampa. Florida.
(consent)
9.2 Approve settlement of all claims of Tyrone Booze. in its entirety. to include medical.
indemnity and attorney fees for the sum of $95.000. and that appropriate officials be authorized
to execute same. (consent) .
9.3 Ratifv and confirm the Citv Manaaer's decision to purchase $10 million of propertv
insurance. for the period beainnina 10/1/06 and endina 3/31/07 for a not to exceed cost of
$690.000. leavina $10 million of City propertv self-insured above the first $20 million of
coveraae. (consent)
9.4 Approve a one-year fundina aareement. in the amount of $281.220 between Jolley Trolley
Transportation of Clearwater Inc. and the City of Clearwater for the operation of transportation
and trolley services on Clearwater Beach. Island Estates. Sand Key and services from
Clearwater Beach to Downtown Clearwater and authorize the appropriate officials to execute
same. (consent)
.
Council 2006-10-05
6
.
.
.
9.5 Award a Contract (Blanket Purchase Order) for $500.000 to MIA-COM Private Radio
Systems of Lvnchbura. VA for the Quarterlv Payments durina the period of 10101/06 throuah
9/30108 toward the 20 Year Maintenance Aareement approved bv Council on June 20.2002
and authorize the appropriate officials to execute same. (consent)
9.6 Award a Contract (Purchase Order) to MIA-COM Private Radio Systems of Lvnchbura. VA
for the purchase of two mobile and 51 portable two-way radios with associated software and
accessories for $136.125.75. authorize lease purchase under City's master lease purchase
aareement and authorize the appropriate officials to execute same. (consent)
9.7 Award a contract bv purchase order to Anaelos Aaareaate Materials Ltd. Larao. FL. in the
amount of $860.000 for the disposal of Construction and Demolition debris. Yard Waste. Bush
and Class III waste for the period November 1.2006 throuah October 31.2007 as provided in
the City's Code of Ordinances. Section 2.564 (1 ) (d). City of Larao bid 05-B-118. and authorize
the appropriate officials to execute the same. (consent)
9.8 Award a contract bv purchase order to Pinellas County Solid Waste for an operatina
expenditure of $5.200.000 for the disposal of solid waste at the Pinellas County waste to enerav
plant/landfill for the period October 5.2006 throuah October 31. 2007 as provided in the City's
Code of Ordinances. Section 2.564 (1)(d). Services provided bv Other Governmental Entities.
and authorize the appropriate officials to execute the same. (consent)
9.9 Award a contract to Luke Brothers. Inc.. of Holidav Florida. the lowest most responsive bid
for the Exotic and Invasive Species Control Proiect in the amount of $182.380 and approve the
arant aareement with National Fish and Wildlife Foundation/Pinellas County Environmental
Foundation (NF&WF/PCEF) for matchina fundina in the amount of $100.000 and authorize the
appropriate officials to execute same. (consent)
9.10 Reappoint Richard Avichouser (Realtor cateaorv)and appoint Ronald V. Daniels (Realtor
cateaorv) and David Campbell to the Municipal Code Enforcement Board with the term expirina
on October 31.2009.
9.11 Reappoint Ralph Emmanuelli to the Non-profit community based oraanization operatina
within the Area cateaorv with the term expirina on Julv 31.2010. appoint Scott Chinchar to the
Local financial or insurance entities cateaorv with the term expirina on Julv 31. 2010 and
appoint Rick DeBord to City of Clearwater Community Response Team cateaorv to complete a
term expirina on Julv 31.2008. to the Enterprise Zone Development Aaencv. (consent).
Councilmember Hamilton 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.
10 - Other items on City Manager Reports
10.1 Adopt Resolution 06-52 establishina the intent to reimburse certain Stormwater proiect
costs incurred with proceeds of future tax-exempt financina.
A Stormwater rate study was completed in June 2006, and resulted in the City Council
approving a 6% rate increase in FY (Fiscal Year) 2007 and annual rate increases of 6% per
Council 2006-10-05
7
.
.
.
year for FY 2008 through FY 2011. These rate increases are sufficient to provide for
operations, capital projects, and debt service on bonds during this time period.
The rate study identified a need for approximately $37 million in capital projects from FY
2007 through FY 2011, with bonds to be issued in FY 2008 for projects costing approximately
$8,973,488 and in FY 2010 for projects costing approximately $9,659,482. The FY 2008 bond
issue is expected to partially finance the following projects: 1) Stevenson Creek Estuary
Restoration - $5,817,977 and 2) Alligator Creek Drainage Improvements - $3,155,511.
The date of issuance of the bonds will be determined at a later date based on market
conditions. The Stormwater fund will be incurring expenses on these projects prior to the
issuance of the bonds. This reimbursement resolution will allow for the City to be reimbursed
from the Bond proceeds.
Councilmember Jonson moved to establish the intent to reimburse certain Stormwater
project costs incurred with proceeds of future tax-exempt financing. The motion was duly
seconded and carried unanimously.
Resolution 06-52 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 06-52 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
10.2 Adopt Resolution 06-53 establishina the intent to reimburse certain Water & Sewer proiect
costs incurred with proceeds of future tax-exempt financina.
A Water & Sewer rate study was completed in October 2004 and resulted in the City
Council approving 6% rate increases in FY 2008 and FY 2009. These rate increases are
sufficient to provide for operations, capital projects, and debt service on bonds during this time
period.
A rate study update was completed in June 2006, which identified a need for
approximately $126.8 million in capital project from FY 2006 through FY 2011, with bonds to be
issued in FY 2008 for projects costing approximately $39,976,540 and in FY 2010 for projects
costing approximately $36,114,056. The FY 2008 bond issue is expected to partially finance
the projects. The date of issuance will be determined at a later date based on market
conditions. The Water & Sewer fund will be incurring expenses on these projects prior to the
issuance of the bonds. This reimbursement resolution will allow for the City to be reimbursed
from the Bond proceeds.
Councilmember Hamilton moved to establishing the intent to reimburse certain Water &
Sewer project costs incurred with proceeds of future tax-exempt financing. The motion was
. duly seconded and carried unanimously.
Council 2006-10-05
8
.
.
.
Resolution 06-53 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution 06-53 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
10.3 Pass Ordinance 7712-06 on first readina. amendina the Code of Ordinances to establish
the Construction Proiect Deliverv Method referred to as "Construction Manaaer" and the
procedure to be followed in selectina firms to provide Construction Manaaer services and
Neaotiatina Construction Manaaer Contracts: amendina Section 2.541 and creatina a new
section 2.602: providina an Effective Date.
Public Works Administration has investigated alternative delivery methods in an attempt
to establish flexibility in the delivery of construction projects. This will provide the ability to better
control costs, especially during this time of uncertainty in the construction market, specifically,
but not limited to, long term and high dollar projects.
In order to accomplish this, authorization to use an alternative delivery method referred
to as "Construction Manager" is requested. The Construction Manager construction project
delivery method and the procedures for awarding such a contract are authorized per Florida
Statute Section 255.20 and Section 287.055. Upon approval of Council, the award of a single
Construction Manager contract will allow dealing with one entity that will execute and manage
all contracts of the subcontractors.
Requests for Proposals are solicited from Construction Management firms, usually large
construction firms, at the same time that the architect/engineer firm is selected. The
Construction Management firm then works with the design firm from the conceptual plans
through the final set of plans to ensure that the design can be built within the pre-determined
budget. This delivery method was used very successfully in the construction of the new Main
Library through the involvement of the State of Florida Department of Management Services.
This ordinance will allow use of a Construction Manager as an alternative Construction
Project Delivery Method for future projects.
Councilmember Doran moved to amend the Code of Ordinances to establish the
Construction Project Delivery Method referred to as "Construction Manager" and the procedure
to be followed in selecting firms to provide Construction Manager services and Negotiating
Construction Manager Contracts; amending Section 2.541 and creating a new Section 2.602;
providing an effective date. The motion was duly seconded and carried unanimously.
Council 2006-10-05
9
.
.
.
Ordinance 7712-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance 7712-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Petersen.
10.4 Appoint one member to the Marine Advisory Board with the term expirina on October 31.
2010.
Councilmember Jonson moved to appoint Bill Stephan. The motion was duly seconded
and carried unanimously.
Miscellaneous Reports and Items
11 - City Manager Verbal Reports
11.1 Iron Man Update - Dunbar
Kevin Dunbar, Parks and Recreation Director, reviewed the planned activities and traffic
closures for the Ford Iron Man World Championship 70.3 Triathlon Event on November 11,
2006. A post event analysis will determine where participants stayed. Plans for informing the
public of this event and its impacts were reviewed.
Morningside Recreation Center
Mr. Dunbar reported Morningside Recreation Center FY 2008 construction costs are
estimated at $225/square-foot. Available funds would construct a center that is smaller than the
current facility. Staff is reviewing funding options and plans to submit a proposal to Council
before the end of this year.
12 - Council Discussion Items
12.1 FY 2008 Budaet Strateav
Councilmembers distributed proposals.
Discussion ensued regarding the make-up, scope and timeframe for the Budget Task
Force. Consensus was for the committee to limit its scope to the General Fund and Tina
Wilson, Budget Director, to draft an agenda outline and timeline.
Penny for Pinellas 3
Ms. Wilson reported that the County needs the City's final Penny for Pinellas 3 project
list by November 2006.
Council 2006-10-05
10
.
.
.
Consensus was to agenda a review of Penny for Pinellas 3 projects for the Work
Session on October 16, 2006.
12.2 Florida Leaaue of Cities Conference of Mayors Membership Fee - Mayor
The Mayor requested Council support of his membership in the FLC (Florida League of
Cities) Conference of Mayors. The $1,000 fee is based on the City's population.
Councilmember Jonson moved to approve the $1,000 membership fee for the FLC
Conference of Mayors. The motion was duly seconded and carried unanimously.
12.3 CV AD (Clearwater Veterans' Appreciation Day) Grant - Mayor
The Mayor reviewed the CVAD (Clearwater Veterans' Appreciation Day) Grant request
for $6,300.
Councilmember Doran moved to approve a $6,300 grant to CVAD. The motion was
duly seconded and carried unanimously.
13. Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events, and expressed condolences regarding the passing of Gabe Cazares.
Councilmember Jonson encouraged people to park in the Garden Street garage. He
invited those interested in running for Council to contact him.
Mayor Hibbard encouraged safe driving during early morning hours when elementary
students head to school; announced Iron Man needs 2,500 volunteers.
14. Adjourn
The meeting adjourned at 8:34 p.m.
~~.~
....-Mayor
City of Clearwater
Council 2006-10-05
11