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01/15/2009CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER January 15, 2009 Present: Frank Hibbard George N. Cretekos Carlen Petersen John Doran Paul Gibson Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Mary K. Diana Rosemarie Call City Manager Assistant City Manager Assistant City Manager City Attorney Assistant City Clerk Management Analyst The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Major Dean Hinson of the Salvation Army. 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 US Coast Guard Honorees Bill Murray, U.S. Navy League, and Rear Admiral Steve Branham, Seventh Coast Guard District, recognized Petty Officer Mike Pickett, Chief Marigoni and Petty Officer Finch for their dedication and efforts. 4.2 Adopt-A-Street Awards Public Utilities Director Gary Johnson recognized the efforts of the Countryside Kiwanis and John Wiser Special Events to clean City rights-of-way. 5 - Approval of Minutes 5.1 Approve the minutes of the December 18, 2008 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Petersen moved to approve the minutes of the December 18, 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 Doug Cooley introduced himself as the newly elected President of the East Gateway Business and Neighbors Association. Major Dean Hinson thanked Councilmembers and residents for their leadership and support to the Salvation Army. Parks & Recreation Fees Status Report Council 2009-01-15 Parks and Recreation Director Kevin Dunbar said staff has responded to a citizen's request and is working with local communities and Pinellas County regarding partnerships. Public Hearings - Not before 6:00 p.m. 7 - Administrative Public Hearings 7.1 Declare as surplus and Quitclaim to the Florida Department of Transportation all City right, title, interest, claim and demand in that portion of Pinellas County Parcel 31-28-16-00000-140- 0300 encumbered by that certain easement conveyed to the City for right-of-way purposes as recorded in O. R. Book 4199, Page 1637 of the Public Records of Pinellas County, Florida, as same may encumber FDOT Parcel 140.05 WPI/SEG 2568901, State Road 55, and authorize appropriate officials to execute same. FDOT (Florida Department of Transportation) continues its multi-year program to create a 30-mile, six-lane continuous controlled access road with overpasses at major intersections and parallel frontage roads between Gandy Boulevard and the Pasco County line. The subject segment of the State Road 55 project is presently under re-evaluation by FDOT and not presently funded for construction. Right-of-way acquisition, however, is proceeding. FDOT is in process to acquire fee simple title in and to the referenced Pinellas County parcel now owned by Arthur Alimonus, as Trustee. The parcel, which will be used for retention, is addressed at 25856 U. S. Highway 19 North, and is located on the west side of the highway just south of Enterprise Road. On July 24, 1974, U. S. Home of Florida, Inc. conveyed an easement in the east 40 feet of the Alimonus parcel to the City for right-of-way purposes. The conveyance is contiguous to and effectively additional U. S. 19 right-of-way at the present time. The City has no utilities within the easement parcel. Upon finding the subject parcel is no longer needed for municipal public use, and declaring it as surplus to City needs, the Charter permits conveying title therein to another governmental entity without prior approval at referendum. Councilmember Cretekos moved to declare as surplus and Quitclaim to the Florida Department of Transportation all City right, title, interest, claim and demand in that portion of Pinellas County Parcel 31-28-16-00000-140-0300 encumbered by that certain easement conveyed to the City for right-of-way purposes as recorded in O. R. Book 4199, Page 1637 of the Public Records of Pinellas County, Florida, as same may encumber FDOT Parcel 140.05 WPI/SEG 2568901, State Road 55, and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8 - Second Readings - Public Hearing 8.1 Adopt Ordinance 7999-09 on second reading, amending the Community Development Code Section 2-902, "Flexible Standard Development," "Table 2-902," and Section 2-903 "Flexible Development," "Table 2-903," to add a footnote allowing 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. Ordinance 7999-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7999-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. Council 2009-01-15 2 "Nays": None. 8.2 Adopt Ordinance 8014-09 on second reading, amending the Clearwater Downtown Redevelopment Plan, Chapter 3, Land use Plan/Redevelopment Plan, by adding a new policy supporting Community Policing Innovations in the Community Redevelopment Area; amending Chapter 4, Plan Implementation, Downtown Strategies section by revising Strategy 20 to include Performing Arts Theaters, adding a new strategy supporting Community Policing Innovations, amending Table 7, by revising Strategy 20 and adding a new Strategy 21, supporting Community Policing Innovations, amending Tax Increment Revenue Projections Section, by adding Community Policing Innovations as an activity eligible to be funded by Tax Increment Financing and adding a description of the Community Redevelopment Area Community Policing Innovations Program. Ordinance 8014-09 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 8014-09 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. 8.3 Adopt Ordinance 8019-09 on second reading, annexing certain real property whose post office address is 2328 Anna Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8019-09 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 8019-09 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. 8.4 Adopt Ordinance 8020-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2328 Anna Avenue, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8020-09 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 8020-09 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. 8.5 Adopt Ordinance 8021-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2328 Anna Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8021-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8021-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2009-01-15 3 "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. City Manager Reports 9 - Consent Agenda - Approved as submitted 9.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale at the Tampa Machinery Auction, Tampa, Florida or through on-line action service GovDeals, Montgomery, Alabama, and authorize appropriate officials to execute same. (consent) 9.2 Approve the first renewal of the contract (Purchase Order) with Florida Gas and Electric, 8011 Land O' Lakes Boulevard, Land O' Lakes, FL for the period February 1, 2009, to January 31, 2010, for the Installation of Gas Mains and Service Lines in the amount of $831,780 and authorize the appropriate officials to execute same. (consent) 9.3 Award a contract (purchase order) to Software House International for the purchase of 1,420 Office 2007 Standard licenses and 100 Office 2007 Professional Plus licenses at a cost not to exceed $348,800 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 255-001-01-01, and authorize the appropriate officials to execute same. (consent) 9.4 Approve the Pinellas County Combined Voluntary Cooperation and Operational Assistance 2009 Mutual Aid Agreement for Law Enforcement Services, for the period of January 5, 2009 through January 31, 2013 and authorize the appropriate officials to execute same. (consent) 9.5 Award contract by purchase order to Angelo's Recycled Materials, Consolidated Resource Recovery, and Waste Services of Florida, Inc., for operating expenditures of $560,000 for the disposal of solid waste at the sites operated by the three vendors listed above for the period January 16, 2009 through September 30, 2009 as provided in the City's Code of Ordinances, Section 2.564(1)(d), other governmental bid and authorize the appropriate officials to execute the same. (consent) 9.6 Ratify and confirm change order 2 to Ripa and Associates, Inc. of Tampa, FL for the "Alligator Lake Wetland Creation and Stormwater Treatment Project" (99-0020-EN), increasing the contract by $177,800.40 for a new contract total of $677,537.45, approve a time extension of ten 0 0) days and authorize the appropriate officials to execute same. (consent) 9.7 Ratify and confirm the increase of $33,000 to an existing purchase order to Odyssey Manufacturing Co, Tampa, Florida, for Liquid Sodium Hypochlorite (bleach), and approve an increase and extend the end date increasing the value by $162,416 for a new value of $361,611.13 and new end date September 30, 2009 and authorize the appropriate officials to execute same. (consent) 9.8 Approve a purchase order to Siemens Water Technologies, Sarasota, Florida, for Odophos for the sum of $134,712.12 for a one-year period and authorize the appropriate officials to execute same. 9.9 Approve a contract to Southeast Drilling Services, Inc., of Lutz, Florida for the construction of the Water Treatment Plants 1 and 3 Wellfield Expansion Project - Phase 1 - (07-0037-UT), in Council 2009-01-15 the amount of $3,519,280, which is the lowest responsible bid in accordance with the plans and specifications and the appropriate officials be authorized to execute same. (consent) 9.10 Accept a 1,010 square-foot Drainage and Utility Easement conveyed by Dennis G. Carl and Isabel Carl, over, under and across a portion of Lot 108, FAIR OAKS SECOND ADDITION, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 9.11 Approve a work order to Bellomo-Herbert and Company, Inc. for design of Cleveland Streetscape Phase II, in the amount of $196,000 and authorize the appropriate officials to execute same. (consent) 9.12 Accept a perpetual ten-foot Blanket Water Main and Utilities Easement over all water mains, hydrants and meters, excluding water mains that may lie under buildings or within five feet of buildings, over, under, across and through a portion of Sec. 4-29-16, Pinellas County, Florida, conveyed by Countryside Christian Center, Inc., a Florida non-profit corporation, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 9.13 Accept a 6-foot wide 1,770 square-foot Sidewalk Easement over, across, under and upon a portion of Lot 7 and Lot 8, JORDAN HILLS SUBDIVISION, conveyed by Pinky Patel, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 9.14 Accept a 7,208 square-foot General Utility Easement to encumber a portion of Lot 16, CLEARWATER INDUSTRIAL PARK SUBDIVISION, conveyed by Pinellas County, a political subdivision of the State of Florida, in consideration of receipt of $1.00 and other good and valuable consideration. (consent) 9.15 Accept four Sidewalk Easements containing a total of 354 square feet, more or less, encumbering portions of JENNIE CATES SUBDIVISION, BERGENS REPLAT and JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWWATER HARBOR, a Sanitary Easement containing 3,208 square-feet, more or less, encumbering a portion of JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR, and a Stormwater Easement containing 899 square feet, more or less, encumbering a portion of BERGENS REPLAT, all conveyed by the Church of Scientology FLAG Service Organization, Inc. ("Grantor") in consideration of receipt of $1.00 and the benefits to be derived therefrom. (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. 10 - Other items on City Manager Reports 10.1 Approve a Subordination of City Utility Interests regarding Florida Department of Transportation Parcel 800.07, WPI/SEG 2568812, State Road 55, as same may be encumbered by easements conveyed to the City in O. R. Book 1704, Page 674 and O. R. Book 3243, Page 72, as recorded in the Public Records of Pinellas County, Florida and adopt Resolution 09-01 and authorize the appropriate officials to execute same. FDOT continues its multi-year program to create a 30-mile six-lane, continuous controlled access road with overpasses at major intersections and parallel frontage roads between Gandy Boulevard and the Pasco County line. Major roadway elements of the $121 million dollar program segment from south of Seville Boulevard to north of State Road 60 include new grade separated interchanges at U. S. 19/State Road 60 and U. S. 19/Seville Council 2009-01-15 5 Boulevard. Frontage road improvements will include modification of the approaches/islands at State Road 60 to allow northbound and southbound traffic through that intersection. Plans anticipate construction of a "noise wall" along the western boundary of Japanese Gardens Mobile Estates located south of Seville Boulevard when construction begins some in 2009/2010. Portions of the easement the City proposes to subordinate to FDOT to facilitate this segment of U. S. 19 improvements include a 5-foot sanitary trunk line easement that extends from U. S. 19 right-of-way along the south boundary of Japanese Gardens, and a blanket easement for sewer extensions and water mains that encumbers the entire mobile home community. Upon subordinating the City easements rights to FDOT, the City agrees to accept FDOT control over the subordinated portions of the easements, and to comply with FDOT standards established in its Utility Accommodation Manual for any present or future transportation facility project. FDOT covenants with the City to bear any excess costs the City may incur to maintain or relocate its facilities as a result of subordinating its rights for the subject project and future FDOT projects. The City and FDOT will determine and establish such excess costs for each specific project by separate agreement. Councilmember Petersen moved to approve a Subordination of City Utility Interests regarding Florida Department of Transportation Parcel 800.07, WPI/SEG 2568812, State Road 55, as same may be encumbered by easements conveyed to the City in O. R. Book 1704, Page 674 and O. R. Book 3243, Page 72, as recorded in the Public Records of Pinellas County, Florida and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 09-01 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution 09-01 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. 10.2 Approve the Second Amendment to the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) to increase amount of the agreement, modify the scope to change the customer base, decrease the overall project budget, and extend the contract period for Morningside Reclaimed Water System (05-0022-UT)and authorize the appropriate officials to execute same. (consent) On May 5, 2005, Council approved a Cooperative Funding Agreement to accept SWFWMD (Southwest Florida Water Management District) funding in support of constructing reclaimed water service to the Morningside area. The original Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of design, permitting and construction costs for transmission and distribution reclaimed water lines, up to a maximum of $2,250,000 for the total project cost of $5,300,000. On December 14, 2006, Council approved amendment one and named a new SWFWMD Project Manager, added new Articles incorporating applicable provisions of Florida Statutes, and increased the project funding. The additional funding for the project included funds passed through the SWFWMD agreement from the Florida Department of Environmental Protection (FDEP), Water Protection and Sustainability Program Trust Funds (WPSPTF), which are to be applied equally to reduce the City's and SWFWMD's share of allowable construction costs by $200,000 each. A second amendment is requesting to increase the agreement between the City and SWFWMD by $50,000 for total grant of $2,300,000 of which $600,000 consists of WPSPTF Council 2009-01-15 6 funding which will be passed through from SWFWMD. The $600,000 from WPSPTF is to reduce costs equally for the City and SWFWMD. The City's estimated share of project costs will decrease to $1,700,000 after deducting the City's 50% or $300,000 share of WPSPTF funding from SWFWMD. SWFWMD $2,300,000 City $1,700,000 TOTAL $4,000,000 The design phase is 60% complete, and construction will begin by July 31, 2009. The construction phase is scheduled for completion by December 31, 2010. Councilmember Cretekos moved to approve the Second Amendment to the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) to increase amount of the agreement, modify the scope to change the customer base, decrease the overall project budget, and extend the contract period for Morningside Reclaimed Water System (05-0022-UT) and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.3 Appoint one member to the Parks and Recreation Board with the term expiring on January 31, 2013. Councilmember Doran moved to reappoint Jonathan Wade to the Parks and Recreation Board with the term expiring on January 31, 2013. The motion was duly seconded. Discussion ensued regarding term limits. It was stated the intent to remove term limits originated for advisory boards that lacked applicants but no limitation was placed in the ordinance. Upon the vote being taken, Councilmembers Doran, Petersen and Mayor Hibbard voted "Aye," Councilmembers Cretekos and Gibson voted "Nay." Motion carried. Miscellaneous Reports and Items 11 - City Manager Verbal Reports 11.1 Boat Sliq Marketina Status Report Marine and Aviation Director Bill Morris said the department has tripled its advertising efforts and participated in two local boat shows. To date, 702 individuals have expressed an interest in leasing a boat slip but only two individuals have placed a deposit. The lottery is scheduled for March 14, 2009. Discussion ensued. Concern was expressed regarding the public not understanding the lottery process. It was felt due to the present economy, boaters were not anxious to put down a deposit before construction was started. It was questioned whether another notice regarding the lottery should be sent. A question was raised when construction would start, and Mr. Morris indicated it would be delayed about three months because of the permitting process. Due to lottery response, it was suggested Council may want to reconsider going ahead with the project. In response to a question, the City Attorney indicated a provision allows for Council 2009-01-15 7 cancellation of the contract for convenience. It was stated if the City decides to terminate the contract, the City would be required to pay for all materials ordered. Staff was requested to find out what materials had been ordered. Discussion ensued and majority supported moving forward with the boat slips. It was questioned whether it would be feasible or of any value to push back the lottery deadline. Finance Director Margie Simmons suggested having the lottery as scheduled and then having a second one later. Assistant City Manager Rod Irwin believed there was a significant market for transient boaters, as they were less affected by the economy. Beach Marina Discussion ensued in regard to the rate structure at the beach marina, and Assistant City Manager Rod Irwin indicated the current rate structure is difficult to sell in the current economy, and adjustments are expected to come before Council in February. 12. Other Council Action Councilmembers reported on events in which they recently participated, reviewed upcoming events, thanked the Salvation Army for their efforts and congratulated the Florida Gators for BCS National Championship. Mayor Hibbard thanked President Bush for his public service and wished President-Elect Obama the best. 13. Adjourn The meeting adjourned at 7:34 p.m. J'~ ~~4 Mayor City of Clearwater Attest: Council 2009-01-15 8