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11/01/2007 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER November 1, 2007 Present: Frank Hibbard Mayor – departed 9:09 p.m. John Doran Vice-Mayor Carlen Petersen Councilmember George N. Cretekos Councilmember Paul Gibson Councilmember Also present: William B. Horne II City Manager Joe Roseto Interim Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. Pastor Willy Rice from Calvary Baptist Church offered the invocation. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order . 4. Presentations 4.1 Clearwater Rotary Month Proclamation – November 2007 4.2 2007 Jazz Holiday Presentation - Chairman, Jazz Holiday Foundation David Ruppel, Gary House and Bill Smith of the Jazz Holiday Foundation, presented the City with three numbered prints by Artist Judith Diazzio to commemorate this year’s Jazz Holiday. 4.3 Ironman Presentation Parks & Recreation Director Kevin Dunbar reviewed the Ironman event schedule and road closures. Staff will advertise the event in the newspaper and distribute information to the public. He commended Joelle Castelli and the Public Communications Department for their efforts and thanked volunteers. 5. Approval of Minutes 5.1 Approve the minutes of the October 17, 2007 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Doran moved to approve the minutes of the October 17, 2007 motion meeting as submitted in written summation by the City Clerk. The was duly carried seconded and unanimously. 6. Citizens to be Heard re Items Not on the Agenda Council 2007-11-01 1 John Wiser expressed concern regarding two exposed water drain pipes in the roadway on Countryside Boulevard and potential safety hazard for Ironman cyclists; identified areas in City that needs street cleaning and lot trimming. Greg Pound was concerned with upcoming hearing regarding termination of his parental rights. Joe Evich said the reclaimed water project in his neighborhood was redefined and he wants the City to stop changing the rules. Public Utilities Director Tracy Mercer said the reclaimed water project in Mr. Evich’s neighborhood was redefined and some properties were removed from the list as there are no water meters on them. The project will move forward in those areas that received the required number of votes from residents. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 7877-07 on second reading, annexing certain real property whose post office address is 2965 Sunset Point Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 7877-07 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7877-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard. “Nays”: None. 7.2 Adopt Ordinance 7878-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2965 Sunset Point Road, upon annexation into the City of Clearwater, as Residential Low. Ordinance 7878-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7878-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard. “Nays”: None. 7.3 Adopt Ordinance 7879-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2965 Sunset Point Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Council 2007-11-01 2 Ordinance 7879-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7879-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard. “Nays”: None. 7.4 Adopt Ordinance 7880-07 on second reading, annexing certain real property whose post office address is 3151 Johns Parkway, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 7880-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7880-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard. “Nays”: None. 7.5 Adopt Ordinance 7881-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is whose post office address is 3151 Johns Parkway, upon annexation into the City of Clearwater, as Residential Urban. Ordinance 7881-07 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7881-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard. “Nays”: None. 7.6 Adopt Ordinance 7882-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is whose post office address is 3151 Johns Parkway, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 7882-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7882-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard. “Nays”: None. 7.7 Adopt Ordinance 7884-07 on second reading, amending the Community Development Code relating to land use; amending Article 8, Definitions and Rules of Construction; amending Section 8-102, Definitions, by adding a definition of “Fractional Ownership” and clarifying the definitions of “Dwelling Unit,” “Interval Ownership/Timesharing Unit,” and “Residential Use,” as relates to the use or occupancy Council 2007-11-01 3 of dwelling units located on residentially zoned property for use as fractional ownership, interval ownership or timesharing units; amending the definition of “Overnight Accommodations” to address membership groups and members of associations, and providing for severability. Ordinance 7884-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7884-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard. “Nays”: None. City Manager Reports 8. Consent Agenda – Approved as submitted. 8.1 Declare two Vietnam era .223 caliber weapons surplus to the needs of the City and authorize disposal through trade-in to Cole's Gunshop, Dunedin, Florida, a federally licensed dealer. (consent) 8.2 Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Fund. (consent) 8.3 Approve a one-year contract with ITT Flygt, Inc., of Apopka, Fl for $150,000, for the period November 1, 2007 to October 31, 2007, and that the appropriate officials be authorized to execute same. (consent) 8.4 Appoint Edward J. Dolezal, Jr. to the Airpark Advisory Board with the term expiring on November 30, 2011. (consent) 8.5 Appoint Norma R. Carlough as the alternate member to the Community Development Board to fill the remainder of the term expiring April 30, 2010. (consent) 8.6 Disband Charter Review Committee (consent) Councilmember Cretekos moved to approve the Consent Agenda as submitted, motion and that the appropriate officials be authorized to execute same. The was duly carried seconded and unanimously. 9. Other items on City Manager Reports 9.1 Amend Appendix A, Division XXV, Section(2)(a) of the Code of Ordinances, changing the amount charged for a fire hydrant to current market rate and pass Ordinance 7885-07 on first reading. The current codified price for the City of Clearwater to sell a fire hydrant is $775 each. Due to the current code, the City has not recuperated the actual costs of hydrants for years. Council 2007-11-01 4 Fire hydrants are made from cast iron, ductile iron, steel, stainless steel and bronze. The costs of metals fluctuate constantly; therefore the prices of hydrants change often. Though prices change, the need to recover costs remains. The Water Division of the Public Utilities Department purchases fire hydrants annually. The last rate for hydrants purchased was at a staggeringly low cost of $955 each, which will most likely not be seen again; the rate for the prior year’s purchase was $1,102 for each hydrant. This example shows a difference of $147 from one year to the next. The Water Division is not attempting to make a profit on fire hydrants, but requests the latitude to charge back the actual cost of the hydrant to the customer rather than ending with a deficit in supply expenditures every year. The market price stated in the ordinance means the actual price paid for the hydrant used to fulfill the customer’s work order request. There are no costs associated with this item. Councilmember Cretekos moved to amend Appendix A, Division XXV, Section (2)(a) of the Code of Ordinances, changing the amount charged for a fire hydrant to motioncarried current market rate. The was duly seconded and unanimously. Ordinance 7885-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7885-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.2 Adopt Resolution 07-28 establishing the intent to reimburse certain Water & Sewer project costs incurred with proceeds of future tax-exempt financing. A Water & Sewer rate study was completed in October 2004 and resulted in the City Council approving 6% rate increases each year for FY 2005 through FY 2009. These rate increases are sufficient to provide for operations, capital projects, and debt service on bonds during this time period. A limited rate study update was completed in September 2007, which identified a need for approximately $191.3 million in capital projects from FY 2007 through FY 2012, with bonds to be issued in FY 2009 for projects costing approximately $66 million and in FY 2010 for projects costing approximately $30.8 million. In addition to the bond proceeds, rate revenues, grants, impact fees and R & R revenues will provide the balance of the project funding. The date of issuance will be determined at a later date based on market conditions. The Water & Sewer fund will incur expenses on these projects prior to the issuance of the bonds. This reimbursement resolution will allow the City to be reimbursed from the Bond proceeds. In the Spring of 2008, a formal Water & Sewer Utility rate study update will be performed by Burton and Associates, Inc. for the purpose of identifying necessary rate changes to be approved for the 4 or 5 years following the last current approved rate increase in FY 2009. The 2007 limited rate study update verified that the approved rate increases for FY 2008 and FY 2009 of 6% each year is sufficient, and annual increases Council 2007-11-01 5 of 6% for several years following FY 2009 would also be sufficient to provide the revenue needed for operations, projects and debt service. One person questioned reclaimed water projects being included and if matching funds would be needed. Finance Director Margie Simmons said the City will only issue bonds for those projects moving forward. Councilmember Gibson moved to establish the intent to reimburse certain Water & Sewer project costs incurred with proceeds of future tax-exempt financing. The motion carried was duly seconded and unanimously. Resolution 07-28 was presented and read by title only. Councilmember Petersen moved to pass and adopt Resolution 07-28 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.3 Adopt Resolution 07-29 establishing the intent to reimburse certain Stormwater project costs incurred with proceeds of future tax-exempt financing. A Stormwater Utility rate study was completed in June 2006 and resulted in the City Council approving annual 6% rate increases in Fiscal Years 2007 through 2011. These rate increases are sufficient to provide for operations, capital projects, and debt service on bonds during this time period. A limited rate study update was completed in September 2007, which identified a need for approximately $63.5 million in capital projects from FY 2007 through FY 2012, with bonds to be issued in FY 2009 for projects costing approximately $17 million and in FY 2011 for projects costing approximately $14.5 million. In addition to the bond proceeds, rate revenues and grants will provide the balance of the project funding. The date of issuance 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. In the Spring of 2008, a formal Stormwater Utility rate study update will be performed by Burton and Associates, Inc. for the purpose of identifying necessary rate changes to be approved for the 2 or 3 years following the last current approved rate increase in FY 2009. The 2007 limited rate study update verified that the approved rate increases for FY 2008 through FY 2011 of 6% each year is sufficient, and annual increases of 6% for several years following FY 2011 would also be sufficient to provide the revenue needed for operations, projects and debt service. Councilmember Doran moved to establish the intent to reimburse certain Stormwater project costs incurred with proceeds of future tax-exempt financing. The motioncarried was duly seconded and unanimously. Council 2007-11-01 6 Resolution 07-29 was presented and read by title only. Councilmember Cretekos moved to pass and adopt Resolution 07-29 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.4 Adopt Resolution 07-05, to file a lien for a total cost of $11,765.54 on the property located at 1205 N Garden Avenue, Clearwater, Florida; Legal description: Palm Bluff 1st Add N 46ft MOL of Lot 19 & N 49ft of Lot 21: Owner of record Roderick Godwin P.O. Box 11116 St. Petersburg, Florida 33733-1116. On September 24, 2004, the City Building Official determined that the residential structure located at 1205 N. Garden Avenue was unsafe, unsanitary, unfit for human habitation, was dangerous, and detrimental to the health, safety and general welfare of the community, and therefore, did not comply with the requirements of the Clearwater Code of Ordinances and the Standard Building Code. The property owner was notified, however the owner did not abate the unsafe conditions within a specified time period. After taking the required legal steps, the City hired a contractor and the structure was demolished on April 11, 2006. Staff recommends approval of Resolution 07-05, which allows a lien to be placed on the property in the amount of $11,765.54 for all costs incurred by the City after ordering the owner to abate a dangerous structure at 1205 N. Garden Avenue Clearwater, Florida. Councilmember Gibson moved to approve filing a lien for a total cost of $11,765.54 on the property located at 1205 N Garden Avenue, Clearwater, Florida. The motioncarried was duly seconded and unanimously. Resolution 07-05 was presented and read by title only. Councilmember Petersen moved to pass and adopt Resolution 07-05 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.5 Adopt Resolution 07-30, to file a lien for a total cost of $12,756.17 on the property located at 404 Blanche B. Littlejohn Trail, Clearwater, Florida; Legal description Hart's Add to Clearwater Block 2 Lot 8: (Owner of record Curtis J Mc Affee & Lilly Mc Coy 1481 Franklin Street Clearwater, Florida 33755-5305). On December 26, 2006, the City's Building Official determined that the residential structure located at 404 Blanche B Littlejohn Trail was unsafe, unsanitary, unfit for human habitation, was dangerous and detrimental to the health, safety and general welfare of the community, and therefore, did not comply with the requirements of the Clearwater Code of Ordinances and the Standard Building Code. The property owner was notified, however the owner did not abate the unsafe conditions within a specified Council 2007-11-01 7 time period. After taking the required legal steps, with approval of owner the City hired a contractor and the structure was demolished on July 23, 2007. Staff recommends approval of Resolution 07-30, which allows a lien to be placed on the property in the amount of $12,756.17 for all costs incurred by the City after ordering the owner to abate a dangerous structure at 404 Blanche B Littlejohn Trail Clearwater, Florida. Councilmember Petersen moved to approve filing a lien for a total cost of $12,756.17 on the property located at 404 Blanche B. Littlejohn Trail, Clearwater, motioncarried Florida. The was duly seconded and unanimously. Resolution 07-30 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution 07-30 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Miscellaneous Reports and Items 10. City Attorney Reports 10.1 Pass Ordinance 7901-07 on first reading, submitting to the city electors proposed amendments to the City Charter amending Section 2.01(d)(5) to reduce the restriction on the transfer of real property for workforce or affordable housing, and amending Section 2.01(d)(7), allowing the Council at a duly advertised public hearing to grant easements for underground public utilities. Councilmember Doran moved to approve submitting to the city electors proposed amendments to the City Charter amending Section 2.01(d)(5) to reduce the restriction on the transfer of real property for workforce or affordable housing, and amending Section 2.01(d)(7), allowing the Council at a duly advertised public hearing to grant easements motioncarried for underground public utilities. The was duly seconded and unanimously. Ordinance 7901-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7901-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 10.2 Pass Ordinance 7902-07 on first reading, submitting to the city electors proposed amendments to the City Charter, amending Section 2.03 to provide that all Councilmembers and the Mayor shall be elected for four year terms and that two Councilmembers and the Mayor shall be elected one year and the additional two Councilmembers shall be elected two years later, and to provide that newly elected Council 2007-11-01 8 Councilmembers and the Mayor shall take office the next business day following certification of the city election returns. Councilmember Gibson moved to approve submitting to the city electors proposed amendments to the City Charter, amending Section 2.03 to provide that all Councilmembers and the Mayor shall be elected for four year terms and that two Councilmembers and the Mayor shall be elected one year and the additional two Councilmembers shall be elected two years later, and to provide that newly elected Councilmembers and the Mayor shall take office the next business day following motioncarried certification of the city election returns. The was duly seconded and unanimously. Ordinance 7902-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7902-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 10.3 Pass Ordinance 7903-07 on first reading, submitting to the city electors proposed amendments to the City Charter amending Section 7.02 to require the City Council to appoint a Charter Review Advisory Committee every eight years instead of every five years. Councilmember Doran moved to approve submitting to the city electors proposed amendments to the City Charter amending Section 7.02 to require the City Council to appoint a Charter Review Advisory Committee every eight years instead of every five motioncarried years. The was duly seconded and unanimously. Ordinance 7903-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7903-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 10.4 Pass Ordinance 7904-07 on first reading, submitting to the city electors proposed amendments to the City Charter, amending Section 8.05(d) to provide that the canvassing board be comprised of Councilmembers whose names do not appear on the ballot and allowing for a citizen to be appointed as a third member if necessary. Councilmember Gibson moved to approve submitting to the city electors proposed amendments to the City Charter, amending Section 8.05(d) to provide that the canvassing board be comprised of Councilmembers whose names do not appear on the ballot and allowing for a citizen to be appointed as a third member if necessary. The motioncarried was duly seconded and unanimously. Council 2007-11-01 9 Ordinance 7904-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7904-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 10.5 Pass Ordinance 7905-07 on first reading, submitting to the city electors proposed amendments to the City Charter, amending Article IX, Fiscal Management Procedure, deleting the requirement that revenue bonds for projects in excess of $1,000,000 be put to referendum. In response to a question, Finance Director Margie Simmons said a general obligation bond pledges the taxing ability of the government. A revenue bond pledges a specific revenue source. Councilmember Doran moved to approve submitting to the city electors proposed amendments to the City Charter, amending Article IX, Fiscal Management Procedure, deleting the requirement that revenue bonds for projects in excess of $1,000,000 be put motioncarried to referendum. The was duly seconded and unanimously. Ordinance 7905-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7905-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 11. City Manager Verbal Reports 11.1 Update on Marina Business Plan Ms. Simmons said staff revised Marina slip rates per Council’s direction, added dollars for maintenance for future projects, increased recreational rates to market rates, and added volume discounts for fuel purchases. With these changes, the Marina will realize a slight profit in the first year of the business plan. However, these changes do not take into account market conditions. Discussion ensued regarding future maintenance and debt service. It was requested that staff add a line item in the Marina Business Plan indicating that the reserves will stay in a reserve fund for renovations. In response to questions, Marine & Aviation Director Bill Morris said the only discount for fuel purchase is for commercial boaters who meet the minimum monthly requirement of 500 gallons. Staff would like to have an independent appraiser perform a market study of local marinas to determine the value of a prime location and how to structure rates for the class or use of a boat. Currently, rates are charged based on the number of passengers. Consensus was that staff will investigate different rates by Council 2007-11-01 10 vessel class and location and in the interim, the proposed commercial rate structure will remain in place. Mr. Morris said 10% of slips in the Marina are transient and generate 25% of total slip rents. In response to a question, Mr. Morris said staff’s analysis of current transient revenues indicated that it would not be cost effective to convert recreational slips into transient slips. Staff will continue to focus on marketing to attract transient recreational boaters. Discussion ensued regarding transfer fees. It was remarked that currently, slips can be transferred without a fee to a mate or family member if the use stays the same. It was suggested transfer fees be lowered in the first few years or until Beach Walk is completed. The meeting recessed from 8:25 to 8:30 p.m. One person spoke requesting Council reconsider transfer fees. Discussion ensued with concern being expressed that transfer fees based on slip rent will become huge in future years. Consensus was to set transfer fees for commercial slips at current 2007 rates with CPI increases for future years (one year for same use, two years for different use); no exception for family or employees; institute five-year agreements assignable with City approval of assignee and use; and new five-year agreements upon assignment. New owners of recreational slips be placed at bottom of the waiting list. Two persons expressed concern regarding proposed slip rates. 12. Other Council Action 12.1 City Attorney Salary AND 12.2 City Manager Salary Human Resources Director Joe Roseto reviewed the process for City Attorney and City Manager salary comparisons and said both salaries are below market rates. Discussion ensued with comments that the City is blessed with incredible leadership, and that it would cost the City more to hire a new City Attorney and City Manager. However, due to budget constraints and the economy, the City cannot afford to increase both salaries to market rate. Councilmember Cretekos moved to approve a 3% salary increase for the City Manager and City Attorney. The motion was duly seconded. Council 2007-11-01 11 Discussion ensued. It was stated both employees deserve a larger increase, and that 3.95% is more appropriate. Upon the vote being taken, Councilmember Cretekos and Mayor Hibbard voted "Aye"; Councilmembers Doran, Petersen, and Gibson voted "Nay". Motion failed. Councilmember Gibson moved to approve a 3.95% salary increase for the City Attorney and City Manager. The motion was duly seconded. Councilmembers Doran, Petersen, and Gibson voted "Aye"; Councilmember Cretekos and Mayor Hibbard voted "Nay". Motion carried. Councilmembers reported on events in which they recently participated and reviewed upcoming events; thanked Duke Tieman for annual drug march at Lake Belleview; thanked employees for participation in Day of Caring and giving back to community; encouraged all to attend Ironman event; thanked coastal clean-up volunteers for their efforts; thanked those involved with Jazz Holiday. Mavor Hibbard said the Faith in Action for Strength Together group's focus will be crime and drugs next year; thanked City Manager and City Attorney for job well done. Councilmember Petersen will share information regarding the Homeless Leadership Network session when time permits; encouraged interested individuals to enter the Sister Cities logo contest, information available on City website. Council member Cretekos performed a math exercise with Council that teaches people to focus on the task instead of the patterns and think outside the box. Councilmember Doran congratulated graduating citizenship class from Clearwater Adult Education Center. 13. Adjourn The meeting adjourned at 9:21 p.m. , -t.-f /':' ~ "Mayor, City of Clearwater Council 2007-11-01 12