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05/01/2008 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 1, 2008 Present: Frank Hibbard George N. Cretekos John Doran Carlen Petersen Paul Gibson Also present: Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Brenda Moses Mayor Vice-Mayor Councilmember Councilmember Councilmember 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 Ken Link from Lakeview 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 Proclamation: Tourism Week - Beach Chamber of Commerce. 4.2 Home of the Year and Quarter, Business of the Quarter, NeiQhborhood of the Year and Quarter. The Spring 2008 Business Beautification Award was presented to CVS Pharmacy, 1765 Gulf-to-Bay Boulevard. The Imperial Park neighborhood and four homeowners were selected for the Neighborhood and Homes of the Quarter awards. The Home of the Quarter Award was presented to Conrad & Nancy Cole at 221 Edgewood Avenue, Bob and Sandy Hepp at 1412 Ambassador Drive, Susan Dean at 910 Bay Esplanade, and Charles and Susan Dillon at 2270 Springflower Drive. The 2007/08 Neighborhood of the Year Award was presented to the Bayview Heights neighborhood. The Home of the Year Award was presented to Robert and Denise Resch at 210 Orangewood Avenue. 4.3 Proclamation: BuildinQ Safety Week 2008, May 5 - 11. 4.4 YWCA Presentation Joyce Pritchard, Interim CEO of the YWCA of Tampa Bay, and her associates reviewed the YWCA's services to the community. 5. Approval of Minutes 5.1 Approve the minutes of the April 17, 2008 City Council MeetinQ as submitted in written summation by the City Clerk. Council 2008-05-01 1 Councilmember Cretekos requested a sentence be added to his comments under Other Council Action stating that a key had been presented to Mrs. Stavros at the PTEC ceremony. Councilmember Petersen moved to approve the minutes of the regular meeting of April 17,2008, as amended to add the sentence requested by Councilmember Cretekos. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda - None. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 7931-08 on second readinQ, annexinQ certain real property whose post office address is 2235 Nursery Road, into the corporate limits of the city and redefininQ the boundary lines of the city to include said addition. Ordinance 7931-08 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7931-08 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 7932-08 on second readinQ, amendinQ the future land use plan element of the Comprehensive Plan of the city to desiQnate the land use for certain real property whose post office address is 2235 Nursery Road, upon annexation into the City of Clearwater, as Residential/Office General (R/OG). Ordinance 7932-08 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7932-08 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 7933-08 on second readinQ, amendinQ the ZoninQ Atlas of the city by zoninQ certain real property whose post office address is 2235 Nursery Road, upon annexation into the City of Clearwater, as Office (0). Ordinance 7933-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7933-08 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. Council 2008-05-01 2 7.4 Adopt Ordinance 7934-08 on second readinQ, annexinQ certain real property whose post office address is 1662 Bellrose Drive North, into the corporate limits of the city and redefininQ the boundary lines of the city to include said addition. Ordinance 7934-08 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7934-08 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 7935-08 on second readinQ, amendinQ the future land use plan element of the Comprehensive Plan of the city to desiQnate the land use for certain real property whose post office address is 1662 Bellrose Drive North, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 7935-08 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7935-08 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 7936-08 on second readinQ, amendinQ the ZoninQ Atlas of the city by zoninQ certain real property whose post office address is 1662 Bellrose Drive North, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 7936-08 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7936-08 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 Continue second readinQ of Ordinance 7941-08 to May 15, 2008, rescindinQ Ordinance 7405-05 and Ordinance 7406-05. Councilmember Petersen moved to continue second reading of Ordinance 7941-08 to May 15, 2008. The motion was duly seconded and carried unanimously. 7.8 Adopt Ordinance 7949-08 on second readinQ, amendinQ the Community Development Code to further the consistency between the Community Development Code and the City's Comprehensive Plan and the Countywide Future land use plan by addinQ Resort Facility HiQh land use desiQnation and providinQ for maximum dwellinQ units per acre, maximum floor area ratio/impervious surface ratio, and overniQht accommodations units per acre. Council 2008-05-01 3 Ordinance 7949-08 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7949-08 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 Approve payment in an amount not to exceed $55,000 for resolution of City claim 0800040, and the appropriate officials be authorized to execute same. (consent) 8.2 Approve co-sponsorship and waiver of requested City fees and service charQes for FY 2008-2009 special events includinQ six annual City events; and thirteen City co-sponsored events (a reduction of three events); at an estimated General Fund Qross cost of $470,628 ($34,300 representinQ cash contributions and $436,328 representinQ in-kind contributions) and enterprise fund cost and fee waiver of $67,350 for the purposes of departmental budQet submittals. (consent) 8.3 Approve the staff rankinQ for Biosolids Services (RFP 13-08) and award a contract to H&H Liquid SludQe Disposal. Inc. of Branford, Florida for the sum of $2,129,727.60 and authorize the appropriate officials to execute same. (consent) 8.4 Award a three-year contract to Polydyne, Inc., of Riceboro, GA in the sum of $540,000.00, for Polymer Services (RFP 12-08) and authorize the appropriate officials to execute same. (consent) 8.5 Reappoint Wallace Smith in the Resident cateQory and Joyce Gibbs in the AQency or Government Representative cateQory; appoint Arthonia Godwin in the Business Owner or Representative cateQory to the Brownfields Advisory Board with terms expirinQ on May 31, 2012. (consent) Councilmember Doran moved to approve the Consent Agenda as submitted and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items Beach Walk Funding Part of the City's budget strategy this year includes the possibility of funding a portion of Beach Walk that was originally planned to be funded with a 20-year bond issue with reserves from the General Fund. Funding a portion of this debt from reserves would eliminate part of the annual debt service payments from the General Fund in the below approximate amounts: Funded from Reserves 100% 75% Debt Reduction $630,000 $475,000 Council 2008-05-01 4 50% 25% 0% $315,000 $155,000 Funding approximately 50% of the debt from reserves instead of issuing bonds would eliminate the $315,00 debt service payment each year from the General Fund. The debt payments were budgeted in FY08, therefore the elimination of this debt payment would help with balancing the deficit that results from Amendment 1 and the overall downturn in the economy. The General Fund reserves, which at first quarter had approximately $25.3 million in total General Fund reserves, or 20.5% of the current year's General Fund budget, has excess reserves of $14.8 million. The Central Insurance Fund has approximately $24 million in excess reserves. The municipal tax-exempt bond market is in a deep crisis" and insurance and surety costs are three times what they are normally. For a 20-year bond issue, the all-inclusive cost would be around 5.15%. This is approximately 1.00% higher than the rates were four months ago. Bank loans are much more cost-effective right now, with an all-inclusive cost of approximately 4.50% for a 20-year bank loan. The cuts by the Federal Reserve have not reduced municipal tax-exempt bond rates, as most people assume. The municipal tax-exempt market crisis is due to the bond insurer's insurance of pools of sub-prime mortgages, which have caused their downgrades and financial insolvency, and eroded the confidence of municipal tax-exempt investors. At the same time, the earning rate on the City's cash pool (the City's investments) is at 4.5% and falling. The City's overnight rate is from 2.25% to 3% and the City's most recent investment purchases are yielding from 2.44% to 5%, depending on the issuer, call ability, and the maturity. These factors, particularly combined with the economic recession and Florida tax reform, highlight the need for conservative fiscal management more than ever. Originally, the City was going to fund Beach Walk and the Downtown boat slips in the same 20-year bond issue. Since we are now moving forward with plans to fund the boat slip project, staff needs to verify that Council agrees with staff's proposed strategy for funding Beach Walk. If this strategy is accepted, a mid-year budget amendment will reflect the above proposal. Councilmember Cretekos moved to approve funding approximately 50% of the $7.5 million planned debt issuance for Beach Walk from General Fund Reserves. The motion was duly seconded and carried unanimously. 9. City Attorney Reports 9.1 Create Section 21.18, Code of Ordinances, to prohibit solicitinQ, beQQinQ, and panhandlinQ in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone as defined in the ordinance and pass Ordinance 7928-08 on first readinQ. The City of Clearwater's 112,000 plus residents enjoy a vibrant economy resulting from a huge influx of 4.5 million annual tourists to Pinellas County with Clearwater Beach alone attracting around 900,000 tourists annually in addition to the approximate 600,000 residents in the region who annually visit the beach. Council 2008-05-01 5 The improvement of the downtown and Clearwater Beach has been a high priority in the City's plan to expand the economic base of the City by attracting new investment and patrons to the area. Clearwater Beach has an economic impact of over $1 billion and is projected to increase its impact as redevelopment on the beach continues to occur and the downtown is also projected to attract additional tourists and visitors as redevelopment continues to be completed. The City and private organizations have invested many millions of dollars in these redevelopment areas. The City of Clearwater spends annually around $620,000 on special events, with $465,000 of that allocated to downtown events and $135,000 allocated to Beach events. The City of Clearwater has a substantial interest in providing its citizens and tourists a safe, aesthetic, pleasant environment in which recreational activities can be maximized in the downtown and on Clearwater Beach. The City of Clearwater has a substantial interest in ensuring the safety and convenience of the public by promoting the free flow of traffic on public streets and sidewalks in the downtown and on Clearwater Beach. Soliciting, begging, and panhandling in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone adversely impacts tourism and patronage of businesses by creating a sense of annoyance and intimidation among those tourists, visitors, and citizens who are subjected to such activity. Soliciting, begging, and panhandling in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone discourages tourism and retail and contributes to the lack of enjoyment of public places. Councilmember Cretekos moved to approve creating Section 21.18, Code of Ordinances, to prohibit soliciting, begging, and panhandling in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone as defined in the ordinance. The motion was duly seconded and carried unanimously. One person spoke regarding the ordinance, stating public tolerance regarding homelessness is needed. Ordinance 7928-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7928-08 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. City Manager Verbal Reports 10.1 Beach Walk Grand OpeninQ Celebration Weekend - Proposal Council 2008-05-01 6 Economic Development & Housing Director Geri Campos Lopez reviewed plans for a Beach Walk grand opening celebration the weekend of July 18, 2008. She reviewed proposed events and funding sources and said $20,000 would be needed for the event. Discussion ensued with comments that the should have occurred prior to the Beach Walk opening and not three months later, and a smaller scale, lower cost, one-day celebration would be sufficient. It was remarked that the project should still be showcased. Ms. Lopez said the celebration is not just for tourists. It is also for people who endured the difficulties that occurred during construction. She said the celebration committee felt a weekend celebration was the appropriate way to celebrate Beach Walk's opening. Staff continues to work on securing sponsors for the event. Staff will talk to the committee regarding securing more sponsors for events, revise the proposal, and bring it back to Council. 11. Council Discussion Items 11.1 Direction reQardinQ American Public Gas Issues Chuck Warrington, Managing Director/Executive Officer Clearwater Gas, reported on issues APGA (American Public Gas Association) plans to discuss with federal legislators: 1) Market transparency issues; 2) Low income energy assistance program funding; 3) Climate change legislation; and 4) Natural gas supply issues. In response to a question, Mr. Warrington said the technology to collect methane hydrates from the ice crystals is five to ten years away. He said staff feels more dialog is needed regarding offshore drilling. He said alternative energy sources are already being discussed. He said if natural gas is released into the atmosphere, it is safer than oil and creates less pollution. Discussion ensued with comments that APGA's focus is on natural gas, that there are environmental and aesthetic concerns regarding drilling in the Gulf of Mexico, that more investigation is needed regarding alternative energy sources, and that methods of obtaining more natural gas need to be found. General support was expressed for the items discussed. 12. Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events; complimented those who worked on Walk for Willa - support state appropriation. Councilmember Doran said downtown made Dupont Registry; presented key to City to Donald Bird at Ruth Eckerd Hall. Councilmember Gibson thanked all City volunteers; please use energy efficient cars, appliances, and be green. Councilmember Cretekos said Mote Marine has program to provide monitoring of red tide & is looking to expand locations; wishes from whole community to Mayor for speedy recovery. Council 2008-05-01 7 Mayor Hibbard thanked all who covered for him during his recovery from surgery; thanked Morton Plant Hospital staff. 13. Adjourn The meeting adjourned at 7:42 p.m. ~~e/ ~yor City of Clearwater Attest: ,~~ ~City CI k Council 2008-05-01 8