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09/04/2008 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 4, 2008 Present: Frank Hibbard Mayor George N. Cretekos Vice-Mayor John Doran Councilmember Carlen Petersen Councilmember Paul Gibson Councilmember Also present: William B. Horne II City Manager Jill S. Silverboard Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Rosemarie Call Management Analyst The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Fred Ball of Skycrest 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 - Presentations: - Given, except for 4.4 4.1. 2008 Legislative Session Report - Sen. Dennis Jones 4.2. Proclamation: Hispanic Heritage Month, 9/15/08 – 10/15/08 4.3. Yellow Ribbon Suicide Awareness and Prevention Week Proclamation, 9/7/08 – 9/13/08 4.4. Project Homeless Connect - Sarah Snyder & Rhonda Abbott, Homeless Leadership Network - cancelled 4.5. Proclamation: Somebody Cares Tampa Bay Week, 9/21/08 – 9/27/08 4.6. Proclamation: September is United Way Month 5 - Approval of Minutes 5.1. Approve the minutes of the August 21, 2008 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Petersen moved to approve the minutes of the August 21, 2008, City Council Meeting as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. Council 2008-09-04 1 6 - Citizens to be Heard re Items Not on the Agenda Scott Bitman – Complained about the application process and restrictions regarding occupational licenses. Rick Ortega – reported first annual Living Green Expo was a success and next event will take place May 2-3, 2009. Valerie Ingram – requested the City honor silver medalist Olympian Zack Railey with a sign. Public Hearings - Not before 6:00 p.m. 7Administrative Public Hearings - 7.1. Set a final millage rate of 4.7254 mills for fiscal year 2008/09 levied against non-exempt real personal property within the City of Clearwater and pass Ordinance 8004-08 on first reading. In accordance with Chapter 200 of the Florida Statutes, which defines the requirements for the "Determination of Millage" and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances is an integral part of fulfilling these requirements. The City Council set a proposed millage rate of 4.9550 mills on July 17,2008, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. At the special meeting of August 21, 2008, the City Council made further reductions to the budget totaling $2,224,330, which will result in a lower millage rate of 4.7254 mills for Fiscal Year 2008/09. The millage rate of 4.7254 mills represents a 10.48% decrease from the rolled back rate of 5.2787 mills. Ordinance 8004-08 is now presented in order to adopt the millage rate of 4.7254 mills to support the operating and capital budgets for the 2008/09 Fiscal Year. Four individuals expressed concerns with proposed budget: three opposed reduced library hours and one supported the City Manager’s proposed 4.9550 millage rate. Two individuals complained regarding the occupational license procedure and one requested the closure of branch libraries and Harborview Center. In response to questions, Library Director Barbara Pickell reviewed proposed library hours and said the reduced library hours and services are due to staff reductions. The department was directed to reduce budget by $400,000 without closing branches. Proposed budget reduced staff by 10.3 FTEs, of which seven are part-time positions. The Main Library is not the busiest branch but supports the smaller branches as a resource library. Council 2008-09-04 2 It was stated that citizens’ pleas for lower taxes have been heard. Proposed millage rate is lower than Amendment 1 requirements. Concern was expressed that proposed millage rate will not maintain services City is known for. The proposed service cuts are fair and across the board, not just in one area. Councilmember Doran moved to set a final millage rate of 4.7254 mills for fiscal year 2008/09 levied against non-exempt real personal property within the City of Clearwater. The motion was duly seconded. Councilmembers Cretekos, Doran, Gibson, and Mayor Hibbard voted “Aye”; Councilmember Petersen voted “Nay.” Motion carried. Ordinance 8004-08 was presented for first reading and read in full. Councilmember Cretekos moved to pass Ordinance 8004-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson and Hibbard. "Nays": Petersen. The Council recessed from 8:09 p.m. – 8:17 p.m. 7.2. Approve the City of Clearwater Annual Operating Budget for the 2008/09 fiscal year and pass Ordinance 8005-08 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2008/09 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 17, 2008, the City Manager presented to the City Council a detailed preliminary Annual Operating Budget that outlined estimated revenues and proposed expenditures for the 2008/09 Fiscal Year. The budget was discussed at several City Council meetings earlier this summer. At the special meeting of August 21, 2008, the City Council made further reductions to the General Fund budget totaling $2,224,330 and added two East Gateway police officers in the amount of $134,020 at the August 21 Council meeting, netting total reductions to the General Fund of $2,110,310 from the Preliminary Budget. Ordinance 8005-08 is now presented in order to adopt the operating budget for Fiscal Year 2008/09 and authorize the City Manager to issue instructions to achieve and accomplish authorized services. One person requested City services be reduced. Councilmember Doran moved to approve the City of Clearwater Annual Operating Budget for the 2008/09 Fiscal Year. The motion was duly seconded and carried unanimously. Ordinance 8005-08 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 8005-08 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2008-09-04 3 "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 7.3. Adopt the Fiscal Year 2008/09 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8006-08 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2008/09 millage rate and Operating Budget is an integral part of fulfilling these requirements. On June 30, 2008, the City Manager presented to the City Council a detailed preliminary Annual Capital Improvement Budget that outlines estimated revenues and proposed expenditures for the 2008/09 Fiscal Year, as well as a six-year Capital Improvement Plan. The budget was discussed at several City Council meetings earlier this summer. The only change to the Capital Improvement Budget and six-year plan was the change of funding source in the amount of $200,000 in Fiscal Year 2008/09 for the McMullen Tennis Complex soft courts from General Fund revenues to General Fund retained earnings at the August 21 Special Meeting on the budget. Ordinance 8006-08 is now presented in order to adopt the Capital Improvement Budget for the 2008/09 Fiscal Year and authorize the City Manager to issue instructions to achieve and accomplish authorized services Councilmember Gibson moved to adopt the Fiscal Year 2008/09 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP). The motion was duly seconded and carried unanimously. Ordinance 8006-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8006-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 7.4. Approve the recommended Penny for Pinellas II project list, as revised, for Fiscal Years 2008/09 through 2009/2010. On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to Penny for Pinellas funding of $500,000 or more. The current listing includes the Penny for Pinellas II projects as approved by the City Council last September and the new list for Recommended Project Funding as included in the FY 2008/09 capital improvement plan through the final year of Penny receipts in Fiscal Year 2009/10. There are no significant changes proposed. The projects remaining for the last two years of the current Penny for Pinellas tax include: 1) Druid Road Improvements - $1,250,000; 2) Recreation Trails - $360,000; and 3) Long Center Infrastructure Improvements - $700,000. Council 2008-09-04 4 Councilmember Doran moved to approve the recommended Penny for Pinellas II project list, as revised, for Fiscal Years 2008/09 through 2009/2010. The motion was duly seconded and carried unanimously. 7.5. Approve Amendments to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report (EAR) and pass Ordinance 7993-08 on first reading. Florida Statutes require local governments to adopt comprehensive plan amendments consistent with their approved Evaluation and Appraisal Report (EAR). The City of Clearwater’s EAR, prepared in 2005/06, was found sufficient by the Department of Community Affairs (DCA) on November 29, 2006. The EAR-based amendments are proposed to be adopted by the end of 2008. The 2006 EAR was divided into five parts: 1) Part I: Introduction; 2) Part II: Statutory Issues Assessment; 3) Part III: Issues of Local Concern; 4) Part IV: Success and Shortcomings of Each Comprehensive Plan Element; and 5) Part V: Changes in Florida Statutes. Statutory changes and issues of local concern were identified in the EAR to be addressed through EAR- based amendments. A total of five issues of local concern were identified: 1) How can the City develop a comprehensive and diversified strategy for the City’s redevelopment; 2) How does the City provide guidance to enhance community character and livable neighborhoods; 3) How does the City develop and implement a proactive approach to facilitate attainable housing and assure safety and competitiveness of the aging housing stock; 4) How can the City develop and implement a strategy to eliminate enclaves and facilitate annexation; and 5) How does the City implement an approach to coastal and disaster management. The Citizen Advisory Committee (CAC) met nine times for the purpose of providing public participation in the preparation of the EAR-based amendments. Their final meeting was on July 30, 2008. On August 4, 2008, staff presented the item to the City Council for general discussion and comments. On August 26, 2008, the Community Development Board (CDB) held a public hearing on proposed Ordinance 7993-08. Any additional recommendations made by the CDB will be presented to the Council. Staff recommends approval of Ordinance 7993-08 amending the Comprehensive Plan consistent with the 2006 Evaluation and Appraisal Report. This is considered a large-scale amendment that requires approval by DCA. The CAC and staff were thanked for their efforts. Councilmember Cretekos moved to approve Amendments to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report (EAR). The motion was duly seconded and carried unanimously. Ordinance 7993-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7993-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Council 2008-09-04 5 7.6. Approve amendments to the Community Development Code to permit sandwich board signs in certain areas, provide a fee for such signage, and add a definition for traditional urban corridor, and pass Ordinance 7997-08 on first reading. The Planning Department is recommending amendments to the Community Development Code (CDC) to address code compliance issues with sandwich board signs in the Downtown (D) District. At the prior direction of City Council, staff has drafted this ordinance to allow sandwich board signs to be present on a temporary basis (not to exceed one-year) in order to promote economic development in this developing area. The proposed amendment will establish sandwich board signs as a permitted sign requiring development review and put in place criteria, including requirements on the location and design of the signs. Among these criteria are the following: 1) Sandwich board signs may be displayed on the sidewalk only during hours of operation of the business and within the linear frontage of the specific business location being advertised. Under no circumstance shall the sandwich board sign be stored exterior to the business location; 2) The size of any sandwich board sign shall not exceed 42 inches in height, 20 inches in width; 3) No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement may not reduce sidewalk width to less than four feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant; 4) The sandwich board sign shall be of a non-illuminated, freestanding, two-sided design comprised of metal, wood or synthetic materials such as chalkboard. The sign shall not be made from plastic or use plastic lettering, and shall not include a whiteboard; 5) The sandwich board sign shall be professionally designed and may use shapes and forms indicative of the type of business and the services being advertised; however such signs may not include sponsorships or advertisements for products; 6) Design must be reviewed and approved before placement. Placement prior to approval will not necessitate approval of the application as submitted; and 7) The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to: balloons, pennants and streamers. However, attachable items such as a removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, may be permitted. The ordinance will also add a definition for the term "traditional urban corridor," which is used in the sandwich board sign criteria, and establish a fee for the sandwich board sign permit. The CDB reviewed the proposed text amendment at its pubic hearing of August 26, 2008. The recommendation of the CDB as well as any comments of the Board will be presented to the Council at the meeting. Planning Director Michael Delk requested sign width criteria be amended to 24 inches as that is a common width of such signs. Concern was expressed regarding limited space on downtown sidewalks. Discussion ensued. Mr. Delk said sign location criteria must be met, if a business is unable to properly locate a sandwich board with a 4-foot clearance then the sign will not be permitted. One individual requested that sandwich boards also be permitted on Clearwater Beach. Council 2008-09-04 6 Councilmember Cretekos moved to table Item 7.6 to first meeting in February 2009. The motion was seconded. Councilmembers Cretekos and Petersen voted “Aye;” Councilmembers Doran, Gibson and Mayor Hibbard voted “Nay.” Motion failed. Councilmember Doran moved to approve amendments to the Community Development Code to permit sandwich board signs in certain areas, provide a fee for such signage, and add a definition for traditional urban corridor and amend sandwich board width criteria to 24 inches. The motion was duly seconded and carried unanimously. Ordinance 7997-08 was presented for first reading as amended and read by title only. Councilmember Gibson moved to pass Ordinance 7997-08 as amended on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 8 - Quasi-judicial Public Hearings 8.1. Approve a Future Land Use Plan Amendment from the Residential Urban (RU) and Institutional (I) Classifications to the Residential Medium (RM) Classification and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for property located at 802, 826, and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200 (consisting of a portion of property located in metes and bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East); and Pass Ordinances 7945-08 and 7946-08 on first reading. (LUZ2006-08006) This Future Land Use Plan (FLUP) amendment and rezoning application involve property comprising approximately 8.10 acres in an area located northeast of the CSX Railroad right-of-way and Woodlawn Street. This property has FLUP classifications of Residential Urban (RU) and Institutional (I) and zoning designations of Medium Density Residential (MDR) and Institutional (I). The applicant is requesting to amend the FLUP designations of the site to the Residential Medium (RM) classification and to rezone the property to the Medium Density Residential (MDR) District in order to re-establish the use of the property for multi-family residential purposes. There is an existing single-family dwelling and eight attached residential dwelling units on the site. In 2001, the applicant was seeking to redevelop the site for institutional use. To accommodate that use, this property went through a land use plan amendment from the Residential Medium FLUP classification to the Institutional FLUP classification and a rezoning from the Medium Density Residential to the Institutional Zoning District (Case LUZ 01-08-06). Today, for the property as described above, the applicant is proposing workforce housing, with 112 attached residential units. To accommodate the residential use, a portion of the prior site is now proposed to be Residential Medium FLUP classification and Medium Density Residential Zoning District. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan Council 2008-09-04 7 amendment and rezoning application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required.The CDB reviewed these applications at its public hearing on September 18, 2007, and unanimously recommended approval of the Future Land Use Plan amendment. Six individuals opposed proposed zoning changes. Thirteen individuals supported proposed zoning changes. Applicant representative Katie Cole said the request is consistent with the area. Multi- family housing already exists in area. Regarding crime, information submitted by the police department shows 4% of calls were to multi family housing. Traffic study shows lesser impact by residential zoning than institutional. Pastor Randy Morris, Woodlawn Church of God, reviewed history of property and requested that zoning return to medium density residential in order to facilitate sale of the property. In response to questions, Assistant Planning Director Gina Clayton said staff did not perform a traffic study but referenced traffic generation rates for land use category. Institutional zoning generates more traffic than residential. Woodlawn is classified as a local traffic collector. A Residential Low Medium land use designation would restrict housing to ten units per acre, attached and detached dwellings. Discussion ensued. Concern was expressed regarding need for affordable housing in area. It was noted those in opposition live in the neighborhood, while most supporting the application do not. Consensus was to support ten units per acre. It was stated that applicant may withdraw prior to adoption if Council amends applicant’s request. Councilmember Doran moved to approve a Future Land Use Plan Amendment from the Residential Urban (RU) and Institutional (I) Classifications to the Residential Low Medium (RLM) Classification and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for property located at 802, 826, and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200 (consisting of a portion of property located in metes and bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 7945-08 was presented for first reading as amended and read by title only. Councilmember Cretekos moved to pass Ordinance 7945-08 as amended on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Council 2008-09-04 8 Ordinance 7946-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7946-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9 - Second Readings - Public Hearing 9.1. Adopt Ordinance 7985-08 on second reading, annexing certain real property whose post office address is 1729 Overbrook Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 7985-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7985-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Gibson and Hibbard. "Nays": None. Absent: Doran 9.2. Adopt Ordinance 7986-08 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 1729 Overbrook Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 7986-08 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7986-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Gibson and Hibbard. "Nays": None. Absent: Doran 9.3. Adopt Ordinance 7987-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1729 Overbrook Avenue, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). Ordinance 7987-08 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7987-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Gibson and Hibbard. Council 2008-09-04 9 "Nays": None. Absent: Doran 9.4. Adopt Ordinance 7988-08 on second reading, annexing certain real property whose post office address is 1837 Carlton Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 7988-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7988-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen Gibson and Hibbard. "Nays": None. Absent: Doran 9.5. Adopt Ordinance 7989-08 on second reading as amended, 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 1837 Carlton Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Councilmember Cretekos moved to amend Section 3 as follows: change Ordinance 7989-08 to 7988-08. The motion was duly seconded as carried unanimously. Ordinance 7989-08 was presented for second reading as amended and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7989-08 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9.6. Adopt Ordinance 7990-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1837 Carlton Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 7990-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7990-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9.7. Continue second reading of Ordinance 7997-08, amendment to the Community Development Code to permit sandwich board signs in certain areas, to September 18, 2008. Council 2008-09-04 10 Councilmember Doran moved to continue Item 9.7 to September 18, 2008. The motion was duly seconded and carried unanimously. City Manager Reports 10 - Consent Agenda - Approved as submitted 10.1. Approve a lease amendment between the City of Clearwater and Salt Block 57, LLC for 73 additional temporary parking spaces and authorize appropriate officials to execute same. (consent) 10.2. Reappoint Carol Warren to the Clearwater Housing Authority with the term expiring on September 30, 2012. (consent) 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. 11 - Other Items on City Manager Reports 11.1. Amend the Code of Ordinances, Chapter 2, Article IV, Division 4 Travel and pass Ordinance 7984-08 on first reading. Based upon experience in processing travel vouchers, it has become evident that changes are necessary to the travel ordinance to add clarity and better understanding of requirements. Purposes of this amendment are to: 1) More clearly define terminology such as agency, agency head, and officers; 2) Establish approval requirements for in-state and out-of- state travel; 3) Establish authority for a pre-travel approval form, and 4) Provide more detailed authority for reimbursement for travel meals. As follow up to these ordinance changes, staff is updating the City’s travel policy, clarifying and expanding procedures for prior approval of travel and subsequent reimbursement and instituting the use of departmental travel coordinators. Training will be provided in addition to checklists and reminder aids for distribution to travelers prior to travel authorization requests. Councilmember Cretekos moved to amend the Code of Ordinances, Chapter 2, Article IV, Division 4 Travel. The motion was duly seconded and carried unanimously. Ordinance 7984-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7984-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 11.2. Amend Code of Ordinances, Appendix A, Schedule of Fees, Rates and Charges, Section XXV, Public Works Fees, Rates, and Charges (5)(b) Solid Waste collection rates, to increase Council 2008-09-04 11 specific roll-off collection fees for Solid Waste and Recycling and pass Ordinance 7929-08 on first reading. Solid Waste, Finance and Budget staff worked with Burton and Associates, the City's rate consultants, to evaluate Solid Waste and Recycling revenue history and expectations; expenditure history and projections; reduced levels of cash reserves and rate scenarios to meet its cash flow requirements. Council approved all recommended Solid Waste and Recycling rates (with the exception of roll-off collection fees) for five years. At that time, it was recommended that the City brings its roll-off collection fees closer to market rates, which resulted in a 13% increase on October 1, 2007, followed by 4.5% increases in each of the next three Fiscal Years. The ordinance approved by the City Council in 2007 only included the 13% increase on October 1, 2007. Staff requests that Council update Appendix A Schedule or roll-off collection fees for the next three Fiscal Years (October 1, 2008, October 1, 2009, and October 1, 2010). Councilmember Petersen moved to amend Code of Ordinances, Appendix A, Schedule of Fees, Rates and Charges, Section XXV, Public Works Fees, Rates, and Charges (5)(b) Solid Waste collection rates, to increase specific roll-off collection fees for Solid Waste and Recycling. The motion was duly seconded and carried unanimously. Ordinance 7929-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7929-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 11.3. Agree to participate in the process provided for in Chapter 171, Part II, Florida Statutes, the Interlocal Service Boundary Agreement Act; and adopt Resolution 08-24. In recent years, voluntary annexations were governed by Pinellas County Ordinance 00- 63. This Ordinance was invalidated by the Circuit Court earlier this year and affirmed on appeal. Annexations are now governed by Chapter 171, Part I, Florida Statutes. Part II, Chapter 171, Florida Statutes, entitled the "lnterlocal Service Boundary Agreement Act" (Act) provides an alternative to Part I of Chapter 171 for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county. The Act establishes a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation. The process established by the Act is intended to support the elimination of enclaves as well as to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments in order to reduce governmental conflicts and litigation between local governments. Pinellas County recently initiated the process established in the Act, which requires a response from the City of Clearwater. In the 2006 Evaluation and Appraisal Report, annexation was identified as one of the five Issues of Local Concern. Goals, objectives and policies in the EAR-based amendments to the Comprehensive Plan reflect this concern. Therefore, the Council 2008-09-04 12 Comprehensive Plan supports participating with the County and other municipalities in the process identified by the Act. A more flexible and clear process providing greater certainty is appropriate and desirable within Pinellas County given the highly urban character of both the City of Clearwater and the County. The Planning Department recommends that the City participate in discussions with Pinellas County, area municipalities and special districts regarding the development of an interlocal service boundary agreement to govern annexation in Pinellas County. Councilmember Petersen moved to agree to participate in the process provided for in Chapter 171, Part II, Florida Statutes, the Interlocal Service Boundary Agreement Act. The motion was duly seconded and carried unanimously. Resolution 08-24 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution 08-24 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Miscellaneous Reports and Items 12 - City Manager Verbal Reports 13 - Council Discussion Items 13.1. Offshore Drilling Resolution Discussion ensued. It was recommended that the resolution incorporate the following changes: distinguish oil and gas drilling as separate issues and recognize their impacts and dangers, tourism statistics should reference state-wide numbers and title changed to “concerning the expansion of.” Councilmember Cretekos moved to pass Item 13.1 as amended. The motion was duly seconded and passed unanimously. Councilmember Gibson moved adopt Resolution 08-26 as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 13.2. Island Estates and Penny for Pinellas Document A letter was received complaining re the lack of City facilities on Island Estates and requesting Penny for Pinellas funds be allocated for use on Island Estates. Consensus was to allow homeowners association to handle. Council 2008-09-04 13 14 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events, congratulated new Citizens Academy members and Zack Railey for their efforts. 15 - Adjourn The meeting adjourned at 10:39 p.m. ~_r.~~ '--ft1fayor City of Clearwater Attest: Q~,.~2. Cit lerk JL. <90 OL-" - Council 2008-09-04 14