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10/15/2008 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER October 15, 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 Reverend Dr. Sharon Patch of First 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 4.1. Congressman Bill Young - Stevenson Creek Update 4.2. Representative Bill Heller - End of Session Report 5 - Approval of Minutes 5.1 Approve the minutes of the October 2, 2008 City Council Meeting, as submitted in written summation by the City Clerk. Councilmember Petersen moved to approve the minutes of the October 2, 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. 6 - Citizens to be Heard re Items Not on the Agenda Thomas McGee – expressed concerns regarding planters approved in Skycrest Traffic Calming Project. Public Hearings - Not before 6:00 p.m. 7 -Administrative Public Hearings Council 2008-10-15 1 7.1. Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1202 Keene Road (Lot 7, Block B, with that portion of the vacated street to the North per O.R. Book 5408, Page 1481, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, Page 70, Public Records of Pinellas County, Florida) together with the abutting right-of-way of Keene Road; and Pass Ordinances 8000-08, 8001-08 and 8002-08 on first reading. (ANX2008- 07013) This voluntary annexation petition involves a 0.31-acre property consisting of one parcel of land, occupied by a detached dwelling. It is located west of the intersection of Beverly Circle North and Keene Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.27-acre of abutting Keene Road right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Density Residential (LDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: The closest sanitary sewer line is located immediately north of the site. The applicant has made payment of the sewer impact fee. As the connection to the sewer will be owner installed, there is no sewer assessment fee. The collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the District Station located at 2151 N. McMullen-Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The property is currently served by City water. The proposed annexation will not have an adverse effect on public facilities and their levels of service. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and the property and meets the District’s minimum dimensional requirements. The proposed annexation is consistent with the Countywide Plan, the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1202 Keene Road (Lot 7, Block B, with that portion of the vacated street to the North per O.R. Book 5408, Page 1481, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, Page 70, Public Records of Pinellas County, Florida) together with the abutting right-of-way of Keene Road. The motion was duly seconded and carried unanimously. Council 2008-10-15 2 Ordinance 8000-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8000-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8001-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8001-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8002-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8002-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 7.2. Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1705 Grove Street (Lot 29, Block 2, Virginia Grove Terrace First Addition, together with the abutting right of way, as well as the Grove Drive right-of-way adjacent to 1709 Grove Drive and 2770 State Road 590; and Pass Ordinances 8008-08, 8009-08 and 8010-08 on first reading. (ANX2008-08014) This voluntary annexation petition involves a 0.1849-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Grove Drive, approximately 100 feet north of the intersection of Grove Drive and State Road 590. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is in an enclave and is contiguous to existing City boundaries to the north, east, south, and west. This petition will reduce this enclave. The Planning Department is requesting that the 0.34-acre of Grove Drive abutting the subject property, as well as the Grove Drive right-of-way abutting 1709 Grove Street and 2770 State Route 590 not currently within the City limits also be annexed. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: The closest sanitary sewer line is located in the Grove Drive right-of-way in front of the property, and the applicant has paid the City’s required sewer impact and assessment fee. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be Council 2008-10-15 3 administered through the Police Department substation located at 2851 North McMullen-Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The property is served by County water. The proposed annexation will not have an adverse effect on public facilities and their levels of service; The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of five dwelling units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1705 Grove Street (Lot 29, Block 2, Virginia Grove Terrace First Addition, together with the abutting right of way, as well as the Grove Drive right- of-way adjacent to 1709 Grove Drive and 2770 State Road 590. The motion was duly seconded and carried unanimously. Ordinance 8008-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8008-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8009-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8009-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8010-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8010-08 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 2008-10-15 4 7.3. Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1219 Union Street (Lot 11, Block A, CLEARDUN), together with the abutting one-half of the right-of- way of Union Street; and Pass Ordinances 8011-08, 8012-08 and 8013-08 on first reading. (ANX2008-08015) This voluntary annexation petition involves a 0.1407-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located approximately 300 feet east of the intersection of Union Street and Douglas Avenue. The applicant is requesting this annexation in order to receive solid waste service from the City. The Planning Department is requesting that the 0.043-acre of abutting Union Street right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: The closest sanitary sewer line is approximately 200 feet west of the subject property. Due to the distance of this line, sewer service is not readily available to the applicant’s property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through Police Headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1721 Overbrook Avenue. This property already is served by City water and the City has the capacity to provide solid waste, police, fire, and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property meets the District’s minimum dimensional requirements. The proposed annexation is consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1219 Union Street (Lot 11, Block A, CLEARDUN), together with the abutting one-half of the right-of-way of Union Street. The motion was duly seconded and carried unanimously. Ordinance 8011-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8011-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. Council 2008-10-15 5 "Nays": None. Ordinance 8012-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8012-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8013-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8013-08 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. Continue to November 18, 2008 approval of amendment to the Community Development Code to allow a reduced parking requirement for changes of use within the Downtown (D) District where there are no existing parking spaces or available land for their construction, and Pass Ordinance 7999-08 on first reading. AND 7.5. Continue the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along the West property lines of Lot 1 and Lots 9 through 26 inclusive, Block "J", Belmont Second Addition, (a.k.a. 801 Howard Street) to November 18, 2008. (VAC2008-02 Eggers-City of Clearwater) Councilmember Cretekos moved to continue Items 7.4 and 7.5 to November 18, 2008. The motion was duly seconded and carried unanimously. 8-Quasi-judicial Public Hearings 8.1. Continue Public Hearing and 1st reading of Ordinance for Rezoning of 2855 Gulf-to-Bay Boulevard to November 6, 2008. (REZ2008-07007) Councilmember Gibson moved to continue Item 8.1 to November 6, 2008. The motion was duly seconded and carried unanimously. 9Second Readings - Public Hearing - 9.1. Adopt Ordinance 7945-08 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02, 32/03 and 32/07, in Sec. 22-29-15, from Residential Urban (RU) and Institutional (I), to Residential Low Medium (RLM). Council 2008-10-15 6 Ordinance 7945-08 was presented for third reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7945-08 on third and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9.2. Adopt Ordinance 7946-08 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02, 32/03 and 32/07, in Sec. 22-29-15, from Institutional (I) to Medium Density Residential (MDR). Ordinance 7946-08 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7946-08 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. City Manager Reports 10 - Consent Agenda – Approved as Submitted 10.1. Award a contract (purchase order) for $155,407 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL for one (1) Medtec transport Ambulance in accordance with Sec. 2.564(1)(d), Code of Ordinances-Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) 10.2. Declare the attached list of computer equipment surplus to the needs of the City and authorize sale to the highest bidder, and authorize the appropriate officials to execute same. (consent) 10.3. Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) 10.4. Award a contract (purchase order) for $411,264 to Duval Ford of Jacksonville, Florida for (16) Ford Crown Victoria Police Cruisers in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) 10.5. Approve a one-year $290,000.00 blanket purchase order to ITT Water & Wastewater of Tampa, Florida, for Flygt Pumps, replacement parts and factory authorized service and authorize the appropriate officials to execute same. (consent) Council 2008-10-15 7 10.6. Accept a 2,592 square-foot perpetual Fire Hydrant and Utility Easement over, under and across a portion of Lot 11, Block C, COACHMAN HEIGHTS REPLAT, conveyed by Clearwater Hospitality Properties, LLC, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 10.7. Amend that certain Temporary Construction Easement dated August 3, 2007 conveyed to Florida Gas Transmission Company over and across portions of the West 1/2 of Section 8, Township 29 South, Range 16 East, to extend the term thereof from October 15, 2008 until August 15, 2009, with all other terms and conditions remaining unchanged and in full force and effect, and authorize appropriate officials to execute same. (consent) 10.8. Accept a perpetual Sidewalk Easement over, under and across a portion of Lot 8, CLEARWATER INDUSTRIAL PARK, conveyed by the Church of Scientology Flag Services Organization, Inc., given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 10.9. Approve a contract to Gulf Coast Contracting, LLC of Tarpon Springs, Florida, for the preparation and painting of Reservoirs 1 and 3 Ground Storage Tank (GST) Coating Project (08-0031-UT) in the amount of $114,840.00, which is the lowest responsible bid in accordance with specifications, and authorize the appropriate officials to execute same. (consent) 10.10. Accept a 73.05 square-foot perpetual Signal Utility Easement conveyed by Water's Edge Condominium Association of Clearwater, Inc. over, under and across a portion of Lot 1, Block A, JOHN R. DAVEY SUBDIVISION, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 10.11. Approve the 2009 Council Meeting Calendar. (consent) 10.12. Approve Amendment of Joint Motion for Entry of Final Judgment and corresponding Final Judgment in the case of Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater, Case: 07-6034-CI-15. (consent) 10.13. Approve recommending the appointment of Councilmember Carlen Petersen to the Tourist Development Council with the term expiring on October 31, 2012. (consent) Councilmember Doran moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 11 - Other items on City Manager Reports 11.1. Approve First Amendment to Lease Agreement and a Contract for Purchase of Real Property by the City of Clearwater, Florida, between the City of Clearwater and Clearwater Country Club Management, Inc. (CCC) pursuant to the City’s acquisition of 5.7 acres owned by CCC for $2,125,000 and authorize the appropriate officials to execute same. The City of Clearwater and Clearwater Country Club Management, Inc. (CCC) currently have a Lease Agreement for CCC to operate the City’s public golf course located at 525 Betty Council 2008-10-15 8 Lane North, which will expire April 30, 2032. CCC currently owns 5.7 acres, including parking and the clubhouse, which is surrounded by the City’s golf course, which CCC operates on behalf of the City. At the June 19, 2008 City Council meeting, City Council approved a term sheet for the sale and purchase of CCC-owned property. The basic components of the First Amendment are as follows: 1) The City to purchase the clubhouse parcel for an amount not to exceed of $2,125,000; 2) Annual lease payments by CCC of $200,000, paid quarterly, will commence October 1, 2009. This will allow CCC to retire current revolving line of credit and develop a twelve-month funding strategy so as to cover all club expenses during the slower summer months; 3) Establishment of an annual $50,000 CIP, administered by the City at its sole discretion, effective FY 09/10; 4) The City will procure turf maintenance supplies for use at the golf course and be reimbursed for out-of-pocket expenses; 5) Require CCC at all times, subject to reasonable rules and regulations common to other similar facilities in the area, to make the facilities available to the public who are not members of the Club upon payment of reasonable, applicable fees for such use. In addition, Clearwater residents have the same right as members to use food and beverage and restroom facilities in the same manner as members; 6) CCC agrees to satisfy in full, current line of credit and obtain a release from Liberty Bank or have lease terminated by City. Implementation of these two agreements will bundle all assets of the course under one ownership and provide increased savings to the overall operation. At the June 19, 2008 meeting, City Council gave staff direction to negotiate a contract and a capital project was established in the amount of $2,025,000 for the purchase. CCC is currently working to bring a Director of Golf Operations on board versed in the Tampa Bay golf market with extensive golf marketing experience. It was stated that Jon Gow III, Business Links Golf LLC, submitted a letter requesting a meeting for a proposed marketing strategy. Two individuals spoke in support. Discussion ensued. Concern was expressed regarding the different methods used by the appraisers resulting in widely differing appraisals. Concerns were also expressed regarding CCC being able to successfully operate the facility. It was stated that the organization is paying their mortgage and the bank is not interested in a short sale. If the mortgage defaults, the property could be sold but use would be limited to current OSR (open space recreation) zoning. Councilmember Doran moved to approve First Amendment to Lease Agreement and a Contract for Purchase of Real Property by the City of Clearwater, Florida, between the City of Clearwater and Clearwater Country Club Management, Inc. (CCC) pursuant to the City’s acquisition of 5.7 acres owned by CCC for $2,125,000 and authorize the appropriate officials to execute same. The motion was duly seconded. Councilmembers Petersen, Doran and Motion carried. Cretekos voted “Aye” Councilmember Gibson and Mayor Hibbard voted “Nay.” 11.2. Approve new gas utility rates to become effective for all gas bills and services rendered on or after January 1, 2009, and pass Ordinance 7998-08 on first reading. Council 2008-10-15 9 Black & Veatch has completed a “Cost of Service and Rate Study” for the Clearwater Gas System (CGS). The study included a projection of CGS’ financial position for the period 2008 - 2012, a cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served, and the development of recommended rate charges to recover the costs of providing service from the respective classes of customers. Ordinance 7998-08 includes the following recommendations from the study: 1) Increase customer charges for residential and commercial customers and decrease their non-fuel energy rates such that there is no significant change in base rate revenues from any customer class; 2) Implement a Usage and Inflation Adjustment (UIA) to replace the existing Weather Normalization Adjustment (WNA); 3) Replace the existing Environmental Imposition Adjustment (EIA) with a new more broadly defined Regulatory Imposition Adjustment (RIA); 4) Increase the Central Pasco County customer surcharge. This increase will not provide CGS with additional margin revenues, but is intended to recoup the direct supply and transportation related cost increases; 5) Increase labor related service charges to reflect CGS’ increase in costs as well as rates charged by competitors; 6) Increase charges for propane service to reflect CGS’ increase in costs as well as rates charged by competitors; and 7) Implement minor changes to Other Commercial and Industrial Service and Air Conditioning service tariffs to be consistent with modifications made to Residential and Commercial tariffs. Also, some minor word editing is included in the ordinance to provide clarification. The current gas rates and service charges of the Clearwater Gas System have been effective since April 1, 2005. In response to a concern that Clearwater Gas customers are being penalized, Gas System Managing Director Chuck Warrington said rates for monthly charges are not increasing but shifting burden between class of customers and to be more in-line with competitors; the average customer will see no change. Councilmember Gibson moved to approve new gas utility rates to become effective for all gas bills and services rendered on or after January 1, 2009. The motion was duly seconded. Councilmembers Petersen, Doran, Gibson and Hibbard voted “Aye” and Councilmember Motion carried. Cretekos voted “Nay.” Ordinance 7998-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7998-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Doran, Gibson and Hibbard. "Nays": Cretekos. Motion carried. 11.3. Amend and restate the City of Clearwater Premium Payment Plan document, establish a separate Cafeteria Plan document and pass Ordinance 8018-08 on first reading. Council 2008-10-15 10 The City Premium Payment Plan was initially implemented in 1990 to provide for the ability of employees to have insurance benefit payroll deductions withheld on a pre-tax basis. A review of the plan by the City’s external tax attorneys from the firm of Gray-Robinson has resulted in a recommended amendment and restatement in order to more accurately reflect the current status of the plan, to facilitate administration of the plan, and to comply with recent required legislative changes regarding coverage for newborns. In addition, a separate Cafeteria Plan document has been established in order to more clearly codify the City’s Flexible Spending Account provisions that were adopted by the City Council under the Premium Payment Plan in 2002. There is no additional budget impact associated with this request. Councilmember Cretekos moved to amend and restate the City of Clearwater Premium Payment Plan document, establish a separate Cafeteria Plan document. The motion was duly seconded and carried unanimously. Ordinance 8018-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8018-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 11.4. Approve the Second Restatement of the City of Clearwater Money Pension Purchase Plan document and pass Ordinance 8017-08 on first reading. The City 401(a) Money Purchase Pension Plan (“MPPP”) has been restated and amended a number of times since its inception in 1997. A review of the plan by the City’s external tax attorneys from the firm of Gray-Robinson has resulted in a recommendation for the adoption of a second restatement of the plan, incorporating all prior amendments and restatements into one document and revising the layout and terminology of the plan in a way that will facilitate administration of the plan. In addition, the Plan has been amended to reflect recent changes in Final Treasury Regulations under the Internal Revenue Code Section 415 governing maximum contribution limits regarding such plans. There is no additional budget impact associated with this request. Councilmember Petersen moved to approve the Second Restatement of the City of Clearwater Money Pension Purchase Plan document. The motion was duly seconded and carried unanimously. Ordinance 8017-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8017-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 11.5. Authorize a contract with CIGNA for health insurance under a fully insured funding arrangement for the contract period of January 1, 2009, to December 31, 2009, at a total cost Council 2008-10-15 11 estimate of $17.4 million which includes estimated City ($11 million), employee ($4.9 million), and retiree ($1.5 million) premiums. The contract with the City’s current medical insurance provider, Humana, expires on December 31, 2008. Based on the renewal proposal from Humana, the City’s Benefits Committee recommended bidding the contract for the 2009 plan year. RFP (Request for Proposals) responses were received from three carriers: Cigna, Humana, and United. The award to CIGNA will result in approximately a 16.6% overall increase in premium costs, the entirety of which will be applied to employee contribution levels. The contract will establish a plan structure consisting of a new “base” HMO plan that introduces deductibles and co-insurances at the same premium rates as the current “standard” HMO plan and which will result in no increase to the City’s contribution levels, along with modified HMO and POS plan options to include only one of each plan with higher co-pays and out-of-pocket maximums than the current plans. CIGNA will also contribute $50,000 toward City wellness initiatives, and has guaranteed an additional 3% reduction in rates if 90% of the active members and their dependents complete CIGNA’s online Health Risk Assessment. For fiscal year 2009, the City has budgeted approximately $10.9 million for approximately 1,757 full-time positions for the City’s share of medical insurance coverage (including EAP and mental health/substance abuse). The City’s estimated share of actual expenses for FY 09, which covers three months of the current contract with Humana, nine months of this proposed contract with CIGNA and twelve months of mental health/substance abuse coverage with Unipsych (three-year contract approved beginning January 1, 2007) is $11.2 million. The difference between budgeted and maximum actual costs, estimated to be $300,000, will be taken from reserves in the Central Insurance Fund. The above numbers assume that all positions are filled at all times and that employees select the tier of coverage (employee only, employee + 1, and employee + family) similar to the current year. City share of costs related to the CIGNA contract for coverage for FY10, estimated to be $2.75 million, will be budgeted as part of the fiscal year 2010 budget. Staff also recommends a modification of the current funding strategy for City contributions to health care premiums to represent 100% of the new “Base” HMO cost for Employee Only, 75% of the “Base” HMO cost for Employee plus One, and 68% of the “Base” HMO cost for Employee plus Family, to be applied to the respective tiers in the new standard HMO and POS plans. Human Resources Manager Allen Del Prete reviewed a power point presentation. Two individuals spoke in support and requesting the City Council authorize an additional $500,000 to offset employee premium increases. Consensus was to return the 3% rate reduction to employees if threshold for online health risk assessment survey is met. CIGNA representative Lynn Swift thanked the City for opportunity to participate in the bid process and looked forward to the new working relationship. Council 2008-10-15 12 Councilmember Doran moved to authorize a contract with CIGNA for health insurance under a fully insured funding arrangement for the contract period of January 1, 2009, to December 31, 2009, at a total cost estimate of $17.4 million which includes estimated City ($11 million), employee ($4.9 million), and retiree ($1.5 million) premiums. The motion was duly seconded and carried unanimously. 11.6. Appoint one member to the Municipal Code Enforcement Board. Concern was expressed regarding precedence set if an incumbent is reappointed after two terms if there are other nominees. Discussion ensued. Councilmember Cretekos moved to appoint Michael Boutzoukas. The motion was duly seconded and carried unanimously. 11.7. Report on Negotiations regarding Public - Private Beach Parking Garage. SOUTH BEACH PARKING GARAGE ALTERNATIVES BRITTS (SURF STYLE) CONDO PURCHASE OPTION (REVISED) Financial Summary: City would borrow approximately $3.9 million and fund approximately $9 million from reserves to make sure that the project revenues would be greater than estimated expenditures (including a structural maintenance reserve) and still generate a reasonable net profit. Funding from reserves could come from the $6 million set aside in a project as well as an additional $3 million from the Parking Fund undesignated reserves, which currently exceed $10 million. Includes the cost of reinforcement for expansion in that 200 additional spaces are being built at the same time, which can be purchased for an additional $5 million after the restricted period (present value of $4.2 million). This additional cost would need to be funded from reserves if City is contractually obligated to purchase. This would require a total funding from reserves of approximately $14 million, which could come from the $6 million set aside in a project as well as an additional $8 from the Parking Fund undesignated reserves, which currently exceed $10 million. Advantages: 1) Eliminates problem with pedestrians crossing Coronado Drive to get to the beach; 2) Provides for smooth entry into the garage via a decel lane on Coronado Drive as opposed to queuing in the continuous left turn lane on Coronado Drive and turning left against opposing northbound traffic; 3) Fits the vision of Beach Walk as the day-trippers who use this garage would be able to immediately access Beach Walk and use the Promenades and pedestrian facilities already planned and implemented for the beach goer to get to the sand. There is a crosswalk in the Beach Walk development directly in front of the Britts site for access to the beach; and 4) Provides for already constructed future expansion of an additional 200 spaces, which the City can purchase after 5 years. Disadvantages: 1) The City does not have complete control of the design, owners may not be receptive to the City’s level of design features/amenities requested (i.e., bike racks, sand rinse off area, holding area for beach accoutrements, etc.); 2) 14% ramp slope – very steep (Ground level to level 2), exceeds City’s proposed code revisions (not to exceed 12%); 3) Down Ramp to exit – dangerous with 90-degree turn at base of 14% slope; 4) Would not own and Council 2008-10-15 13 would have to rely on owners for structural maintenance and repairs & unclear what those costs would be; 5) Elevators are not as visible on the lower levels due to the retail/restaurant use – could cause user confusion; 6) Not much space for Beach by Design treatments, landscaping or amenities; 7) The above bullets reflect the possibility that this garage may not provide the quality desired; 8) Worst square-foot per parking space efficiency ratio; and 9) The Hyatt public parking ingress/egress driveway for 400 public spaces is located immediately north of this site abutting the level 1 parking & delivery truck ingress/egress – possible impact to traffic flow. Istar/LUCCA PROPERTY (.98 ac.) Financial Summary: City would borrow approximately $3.9 million and fund approximately $9.2 million from reserves to make sure that the project revenues would be greater than estimated expenditures (including a structural maintenance reserve) and still generate a reasonable net profit. Funding from reserves could come from the $6 million set aside in a project as well as an additional $3.2 million from the Parking Fund undesignated reserves, which currently exceed $10 million. The cost of reinforcement for expansion has not been included in these amounts. Advantages: 1) City would own the land & the structure; 2) City controls design and construction process; 3) Provides more north-south disbursement of parking as opposed to concentrated in one area; 4) 15-foot setback from Coronado & 12-foot from Hamden will provide Beach by Design landscaping and architectural treatment opportunities; 5) Design features/ amenities (i.e., bike racks, sand rinse off area, holding area for beach accoutrements, etc.) could be incorporated into design; 6) Bounded by Coronado, Hamden and Fifth Street provides more ingress and egress options; 7) User friendly (i.e., no large ramps to navigate, elevator lobby area defined, etc.); 8) Stairwells at NW & SE corners for convenience; 9) Site has the second best square-foot per parking space efficiency ratio; and 10) Centralizes access for pedestrians at Fifth Street and Coronado at a proposed signal location. This makes it possible to cross all the garage users at one point to access the beach at a traffic signal. Preferable to pedestrian access at the other site east of Coronado (including less cost for additional signal installation). Also this allows the signal to stop northbound traffic flow and allow more gaps in the northbound stream for the left turns to gain access to Hamden. Disadvantages: 1) Located on the east side of Coronado Drive; 2) Access to this garage would have to be made by southbound left turns across opposing traffic from the center lane of Coronado Drive onto Devon, Third Brightwater or Fifth against opposing northbound traffic; and 3) Future upward expansion of this garage to more than 300 spaces would pose problems, as the garage would have to be closed during construction. Assistant City Manager Rod Irwin reviewed proposals and requested direction. Discussion ensued. Concerns were expressed regarding concentrating parking in one area of Clearwater Beach and purchasing the additional parking spaces for $5 million. In response to questions, Surfstyle representative Alex Plisko said slope of garage entrance ramp can be reduced to 12%, as proposed in upcoming ordinance. Mr. Plisko requested that flexibility be given to parking layout to meet new ordinance. Parking System Manager Tracey Bruch said proposed ordinance changes bay width of 70-degree angle parking Council 2008-10-15 14 from 59 feet to 57 feet. Code states that parking columns have to be one foot away from parking stall. In response to a question regarding the City benefiting from construction bids coming in lower than estimates, it was stated the owners are not willing to share savings but are willing to protect the City from overages. The City Attorney stated outside counsel will be hired to assist in drafting the agreement as this is an unusual and complicated deal. In response to concerns regarding the impact of the garage on the adjacent Aqulea (Hyatt) development, it was stated staff will work to make the results work for both parties. Councilmember Gibson moved to direct staff to continue negotiations with Britts (Surfstyle) representatives for condo-purchase option for a parking garage, including the proposed 300 parking spaces and purchase of additional 200 spaces and to negotiate a backup contract with iStar for Lucca property. The motion was duly seconded. Councilmembers Cretekos, Doran, and Gibson and Mayor Hibbard voted “Aye;” Councilmember Petersen voted Motion carried. “Nay.” Mr. DiGiovonni stated he has a parcel that is available now for the City to purchase. Miscellaneous Reports and Items 12 - City Manager Verbal Reports The City Manager requested direction from Council re addressing Mr. McGee’s concerns about the Skycrest Traffic Calming under Citizens to be Heard. The Mayor will call Mr. McGee. 13 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events, cheered the Tampa Bay Rays and Philadelphia Phillies for post-season success and encouraged all to attend Jazz Holiday. Councilmember Cretekos encouraged all to exercise their right to vote in the November 4 Election. Councilmember Petersen congratulated Police Deputy Chief Dewey Williams for receiving the Hispanic Outreach Center’s Compadre Award. Council 2008-10-15 15 Mayor Hibbard recognized program for underprivileged students at Academy Preparatory schools in St. Pete and Tampa, congratulated Kyle Polglaze for induction into Eagle Scout Fraternity. 14 - Adjourn The meeting adjourned at 8:58 p.m. ayor City of Clearwater Attest: S?OF KWTER? Council 2008-10-15 16