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04/15/2009 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 15, 2009 Present: Frank Hibbard Mayor Paul Gibson Vice-Mayor Carlen Petersen Councilmember John Doran Councilmember George N. Cretekos 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 Donna Oberkreser of Central Christian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 - Presentations 4.1. Clearwater Poetry Day Proclamation: April 18, 2009 4.2. North American Occupational Safety and Health Week: May 3-9, 2009 4.3. Occupational Safety and Health Professional Day Proclamation: May 6, 2009 4.4. Proclamation: Clearwater and Nagano's 50th Anniversary as Sister Cities 5 - Approval of Minutes 5.1 Approve the minutes of the April 2, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Petersen moved to approve the minutes of the April 2, 2009, 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 Charles Johnston – Clearwater Horseshoe Club President reviewed results of 2009 Clearwater Challenge Horseshoe Pitching Pro Tour Tournament. Planning Director Michael Delk, in response to Mr. Jeanis’ concerns regarding vehicle signs from the 4/2/09 council meeting, indicated the items in question are not code violations. Council 2009-04-15 1 Public Hearings - Not before 6:00 PM 7 - Administrative Public Hearings 7.1. Amend the Community Development Code, Division 11. Public Art and Design Board – Section 5-1103d: Powers and Duties and pass Ordinance 8026-09 on first reading. Following discussion at the December 1, 2008 Work Session, City Council resolved to amend the Public Art and Design Program to include language establishing that the City Council shall be responsible for final approval of all public art installed on City property, as recommended by the Public Art and Design Board through the Public Art and Design Program. Therefore, staff is recommending that the Community Development Code be amended to reflect the Council’s desire to change the approval process. The additions follow in bold font, appended to the original language for matters of clarity. Community Development Code: Division 11. Public Art and Design Board Section 5-1103 d. Related to City construction projects, in concert with City staff, is responsible for working with appropriate department in program planning; designating sites; determining project scope and budget; managing the artist selection process; providing recommendation for the commission of artworks; approving design, execution and placement of artworks; and overseeing the maintenance of the artworks and the process for removal of artworks from the City’s public art collection. The Public Art and Design Board will review proposed artwork and prepare a recommendation for commission subject to review and approval by City Council. Approvals for purchase are then guided by City purchasing requirements. Public Art and Design Program Guidelines were amended by the Public Art and Design Board on January 20, 2009. The Community Development Board at their March 17, 2009 meeting unanimously recommended approval of the proposed amendments. Councilmember Cretekos moved to amend the Community Development Code, Division 11. Public Art and Design Board – Section 5-1103d: Powers and Duties. The motion was duly seconded. Upon the vote being taken, Councilmembers Gibson, Doran, Cretekos and Mayor Hibbard voted “Aye,” and Councilmember Petersen voted “Nay.” Motion carried. Ordinance 8026-09 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8026-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Doran, Cretekos, and Hibbard. "Nays": Petersen. Motion carried. 7.2. Approve the SRF water facilities plan as the planning documents for developing the City’s expanded water system and improvements projects, certifying all documents necessary to develop the water system expansion and improvement program and to assure compliance with the State Revolving Fund loan requirements and adopt Resolution 09-18. The City identified a list of capital projects as ready-to-go stimulus projects for the expanded water system and improvement program. Florida’s Drinking Water State Revolving Council 2009-04-15 2 Fund (DWSRF) Program will receive approximately $88 million from the American Recovery and Reinvestment Act (ARRA) for drinking water infrastructure construction projects. To be eligible under ARRA, projects must secure a place on the DWSRF priority list, meet the DWSRF program’s basic funding criteria, and be “shovel-ready” such that they can be under construction before February 17, 2010. The first step in applying for funds is to submit a Request for Inclusion (RFI) form on the DWSRF priority list form. Under ARRA, all DWSRF program requirements remain in effect. All Planning Requirements and Readiness to Proceed Requirements must be met before a project can be placed on the priority list for funding. Projects will be ranked in priority score order and funds will be allocated up to the “segment cap” of approximately $4 million per project until the funds are exhausted. (The segment cap is the maximum amount of money any project can receive in a given year in order to give all sponsors of ready projects a fair opportunity to secure financing.) A priority list adoption hearing has been scheduled for May 13, 2009. All readiness to proceed requirements must be met by April 29, 2009, to qualify for the priority list at that hearing. If all ARRA funds are not obligated at that hearing, additional hearings will be scheduled as needed to obligate the remaining funds. Public Utilities Director Tracey Mercer provided a PowerPoint presentation. In response to questions, Ms. Mercer said use of SRF funds would not negatively impact rates. Finance Director Margie Simmons said the City would move forward with tax exempt bonds as SRF funds were not guaranteed. Councilmember Petersen moved to approve the SRF water facilities plan as the planning documents for developing the City’s expanded water system and improvements projects, certifying all documents necessary to develop the water system expansion and improvement program and to assure compliance with the State Revolving Fund loan requirements. The motion was duly seconded and carried unanimously. Resolution 09-18 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution 09-18 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 7.3. Approve the SRF wastewater facilities plan as the planning documents for developing the City’s wastewater system improvements projects, certifying all documents necessary to develop the wastewater system improvement program and to assure compliance with the State Revolving Fund loan requirements and adopt Resolution 09-19. The City identified a list of capital projects as ready-to-go stimulus projects for the wastewater system improvement program. Florida’s Clean Water State Revolving Fund (CWSRF) Program will receive approximately $132 million from the American Recovery and Reinvestment Act (ARRA) for wastewater and stormwater infrastructure construction projects. To be eligible under ARRA, projects must secure a place on the CWSRF priority list, meet the Council 2009-04-15 3 CWSRF program’s basic funding criteria, and be “shovel-ready” such that they can be under construction before February 17, 2010. The first step in applying for funds is to submit a Request for Inclusion (RFI) form on the CWSRF priority list form. Under ARRA, all CWSRF program requirements remain in effect. All Planning Requirements and Readiness to Proceed Requirements must be met before a project can be placed on the priority list for funding. Projects will be ranked in priority score order and funds will be allocated up to the “segment cap” of approximately $10 million per project until the funds are exhausted. (The segment cap is the maximum amount of money any project can receive in a given year in order to give all sponsors of ready projects a fair opportunity to secure financing.) A priority list adoption hearing has been scheduled for May 13, 2009. All readiness to proceed requirements must be met by April 29, 2009 to qualify for the priority list at that hearing. If all ARRA funds are not obligated at that hearing, additional hearings will be scheduled as needed to obligate the remaining funds. Public Utilities Director Tracy Mercer provided a PowerPoint presentation. In response to questions, Finance Director Margie Simmons said the annual SRF cost reflects City borrowing funds at a lower interest rate. SRF funds would lower rate of increase. Councilmember Cretekos moved to approve the SRF wastewater facilities plan as the planning documents for developing the City’s wastewater system improvements projects, certifying all documents necessary to develop the wastewater system improvement program and to assure compliance with the State Revolving Fund loan requirements. The motion was duly seconded and carried unanimously. Resolution 09-19 was presented and read by title only. Councilmember Gibson moved to pass and adopt Resolution 09-19 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8 - Quasi-judicial Public Hearings 8.1. Approve a Future Land Use Plan Amendment from the Residential/Office General (R/OG) Classification to the Institutional (I) Classification and a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 303 Pinellas Street (Lots 1, 2 and 17, Block B, Westover Subdivision, Section 21, Township 29 South, Range 15 East), 323 Jeffords Street and 300 Pinellas Street (Lots 22, 23 and 24, and the East 40 feet of Lots 16 and 18, C. Perry Snell’s Bluff View Court, Section 21, Township 29 South, Range 15 East), and an unaddressed parcel located east of 323 Jeffords Street on Reynolds Avenue (Lot 8, S.J. Reynolds Subdivision, Section 21, Township 29 South, Range 15 East), together with vacated right-of-way of Pinellas Street, Sadler Street, and Bay Avenue; Pass Ordinance 8022-09 on first reading rescinding Ordinances 5856-95 and 5857-95, and Pass Ordinances 8023-09 and 8024- 09 on first reading. (LUZ2008-11003) This Future Land Use Plan (FLUP) amendment application involves three parcels of land, comprising approximately 1.33 acres in area, located west of South Fort Harrison Avenue Council 2009-04-15 4 in the vicinity of Reynolds and Bay avenues. These parcels, part of the Morton Plant Hospital campus, have a FLUP classification of Residential/Office General (R/OG) and a zoning designation of Office (O). The applicant is requesting to amend the FLUP classification of the site to the Institutional (I) classification and to rezone the property to the Institutional (I) District in order to establish a FLUP classification and zoning district that are consistent with the Future Land Use Map and Zoning Atlas designations of the remainder of the hospital campus. In 1995, the Morton Plant Hospital Association submitted an application to amend the Future Land Use Plan category and zoning designation for a portion of this property to the I land use category and I zoning district. The City Commission adopted Ordinances 5856-95 and 5857-95 on December 7, 1995. The City, however, did not transmit the ordinances to the Florida Department of Community Affairs nor to the Pinellas Planning Council for review. Therefore, the original ordinances are not considered legally effective, and must be rescinded. The amendment to the Future Land Use Plan classification and the accompanying rezoning must be reprocessed as well. The current application includes 0.43 acres more land than in the original application due to the vacation of portions of Pinellas Street, Sadler Street, and Bay Avenue rights-of-way, which occurred in 1996 and 2000. The Planning Department has 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 amendment is 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. Please refer to the land use plan amendment and rezoning (LUZ2008-11003) staff report for the complete analysis. 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 Community Development Board reviewed this application at its public hearing on March 17, 2009, and unanimously recommended approval of the Future Land Use Plan amendment. Councilmember Petersen moved to approve a Future Land Use Plan Amendment from the Residential/Office General (R/OG) Classification to the Institutional (I) Classification and a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 303 Pinellas Street (Lots 1, 2 and 17, Block B, Westover Subdivision, Section 21, Township 29 South, Range 15 East), 323 Jeffords Street and 300 Pinellas Street (Lots 22, 23 and 24, and the East 40 feet of Lots 16 and 18, C. Perry Snell’s Bluff View Court, Section 21, Township 29 South, Range 15 East), and an unaddressed parcel located east of 323 Jeffords Street on Reynolds Avenue (Lot 8, S.J. Reynolds Subdivision, Section 21, Township 29 South, Range 15 East), together with vacated right-of-way of Pinellas Street, Sadler Street, and Bay Avenue. The motion was duly seconded and carried unanimously. Ordinance 8022-09 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8022-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. Council 2009-04-15 5 Ordinance 8023-09 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 8023-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. Ordinance 8024-09 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8024-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. City Manager Reports 9 - Consent Agenda - Approved as submitted 9.1. Authorize the appropriation of $1,000,000 from Central Insurance fund reserves into project 181-99927 to provide emergency funding capacity for emergency operations cost in advance of the 2009 hurricane season. (consent) 9.2. Award a contract (Blanket Purchase Order) to McMullen Oil Company, Inc. of Clearwater, FL for an amount not to exceed $2,850,000 for the purchase of unleaded and diesel fuel for City Motorized equipment as per Transport award of City of Clearwater RFP 12-05 during the contract period May 1, 2009 through April 30, 2010 and authorize the appropriate officials to execute same. (consent) 9.3. Award a contract (Purchase Order) to Kenworth of Central Florida in the amount of $232,872 for the purchase of one 2009 Autocar ACX64 Cab and Chassis with Labrie 29yd Automizer Side Loader Body in accordance with Sec. 2.564(1)(d), Code of Ordinances - other governmental bid, authorize lease purchase under the City's master lease agreement, authorize Risk Management to send a check to Fleet Maintenance in the amount of $45,757 (Appraised Value) as settlement of the insurance claim, declare G2562 surplus to the needs of the City and sell remaining scrap material to the highest bidder and authorize the appropriate officials to execute same. (consent) 9.4.Approve the Cooperative Funding Agreement (L703) in the amount of $412,875 with the Southwest Florida Water Management District (SWFWMD) and Pinellas County to share the cost of implementation of the Allen's Creek Channel Improvement project and authorize the appropriate officials to execute same. (consent) 9.5. Approve the Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and the City for the construction of Phase I of the Tropic Hills Drainage Improvements Project with each party funding $1,250,000 of the $2,500,000 construction cost and authorize the appropriate officials to execute same. (consent) 9.6. Approve a contract to Caladesi Construction Company of Largo, Florida, for $1,662,525.45 for the construction of the Lake Bellevue Branch 6A Stormwater Improvement Project (03-0030- EN), which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) Council 2009-04-15 6 9.7. Approve amendments to the Stormwater Capital Improvement Program (CIP) by eliminating FY2009 Stormwater Bond Proceeds and reallocating Stormwater Utility Revenue to current projects and restructuring the Stormwater CIP due to reprioritization of projects. (consent) 9.8. Appoint Councilmembers as representatives on Regional and Miscellaneous Boards. 9.9. Authorize City Attorney to hire Bricklemyer Smolker and Bolves, P.A., to represent the City in the matter of PIERCE 100, INC., a Florida Condominium Association, on behalf of its Unit Owners v. City of Clearwater. (consent) 9.10. Reappoint C.W. “Bill” Renfroe to the Board of Trustees, Clearwater Police Supplementary Pension Plan 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. Authorize the negotiated sale of not to exceed $72,500,000 Water and Sewer Revenue Bonds, Series 2009A and not to exceed $50,000,000 Water and Sewer Revenue Refunding Bonds, Series 2009B, adopt Resolution 09-12 and authorize the appropriate officials to execute same. The City identified a need of approximately $60.1 million in capital projects for the water and sewer system from 2008 through 2009, with bonds to be issued in 2009. A list of $60,133,842 in projects is proposed to be financed from the 2009 bond issue. Resolution 07-28 was adopted on November 1, 2007, which provides for the City to be reimbursed from bond proceeds for expenditures that occurred on these projects prior to issuance of the bonds. This resolution authorizes the negotiated sale of not to exceed $72,500,000 of City of Clearwater, FL, Water and Sewer Revenue Bonds, Series 2009A and authorizes awarding the sale thereof to Wachovia Bank, National Association and the co-managers selected by the City. Only the amount of bonds needed to fund the $60,133,842 in listed project construction and associated debt service reserve and issuance costs will be issued. This resolution also authorizes the negotiated sale of not to exceed $50,000,000 of City of Clearwater, FL Water and Sewer Revenue Refunding Bonds, Series 2009B, and authorizes the awarding the sale thereof to Wachovia Bank, National Association and the co-managers selected by the City. Only the amount of bonds needed to refund the then outstanding balance of City of Clearwater, FL Water and Sewer Revenue Refunding Bonds, Series 1998 and associated issuance costs will be issued. City’s debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5% …” The current prevailing market interest rates on tax- exempt municipal bond issues make it unlikely a refunding will occur at this time. However, should interest rates decrease at the time of this sale, the threshold for this resolution is reduced to greater than 4% in order not to miss an opportunity to refund due to a few basis points. Present value savings of 4% are approximately $1,800,000. This resolution provides for the option to issue Build America Bonds as authorized by Section 1531 of the American Recovery Council 2009-04-15 7 and Reinvestment Act of 2009. This will only be done if it is financially advantageous to the City. Finance Director Margie Simmons reviewed provisions for Build America Bonds. The Build America Bonds Direct Payment provides a federal interest subsidy of 35% to the City. Staff was still researching bond provisions and would consider option if in City’s best interest. Councilmember Petersen moved to authorize the negotiated sale of not to exceed $72,500,000 Water and Sewer Revenue Bonds, Series 2009A and not to exceed $50,000,000 Water and Sewer Revenue Refunding Bonds, Series 2009B, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 09-12 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution 09-12 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 10.2. Approve amendments to Code of Ordinances, Division 9A, Sections 2.226 through 2.229 regarding the Neighborhood and Affordable Housing Advisory Board, pass Ordinance 8068-09 on first reading, and adopt Resolution 09-20. The City Council passed Ordinance 7981-08 and adopted Resolution 08-15 in June 2008, which appointed the Neighborhood and Affordable Housing Advisory Board (NAHAB) as the Affordable Housing Advisory Committee (AHAC) and added four additional members in order to comply with Florida Statute 420.9076. The AHAC reviewed the City's policies, procedures, and land development regulations and made recommendations to the City Council in a December 2008 report regarding strategies to encourage affordable housing. Subsequent amendments to the City's Local Housing Assistance Plan (LHAP) have been made as a result of the AHAC's report. Now that the AHAC has completed its work for the FY (Fiscal Year) 2008-09 period, the 11-member AHAC can be reduced back to the 7-member NAHAB in order to be more effective with the administration of the advisory board and its duties. Significant changes to the code of ordinances governing the NAHAB include: A) NAHAB will be reduced to seven members in the following categories: 1) Residential home building; 2) Banking or mortgage industry; 3) Advocate for low-income persons; 4) Not-for-profit provider of affordable housing; 5) Real estate professional; 6) City of Clearwater resident; and 7) Employer representative: B) Triennially, the NAHAB will be able to sit separately as the AHAC, augmented by four additional members in the following categories to continue to meet state statute requirements: 1) Representative of labor in connection with home building; 2) For-profit provider of affordable housing; 3) Representative of the local planning agency; and 4) Representative of essential services personnel: and C) Additionally, the ordinance describes the duties of the AHAC: to review the City's policies, procedures, and land development code and present recommendations to the City Council. Duties of the NAHAB will remain the same as before, generally reviewing the City's affordable housing programs and projects and making recommendations to the City Council. Resolution 09-20 acknowledges that the work of the AHAC has been completed and terminates Council 2009-04-15 8 their appointments. The seven NAHAB members will be appointed at the next Council meeting after second reading of Ordinance 8068-09. Councilmember Cretekos moved to approve amendments to Code of Ordinances, Division 9A, Sections 2.226 through 2.229 regarding the Neighborhood and Affordable Housing Advisory Board. The motion was duly seconded and carried unanimously. Ordinance 8068-09 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8068-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. Resolution 09-20 was presented and read by title only. Councilmember Petersen moved to pass and adopt Resolution 09-20 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 10.3. Approve the City of Clearwater’s State Housing Initiatives Partnership Program (SHIP) Local Housing Assistance Plan covering State Fiscal Years 2009-2012, adopt Resolution 09-21 and authorize the appropriate officials to execute same. Florida Statute 420.907-9079 requires counties and cities receiving State Housing Initiatives Partnership (SHIP) funds to develop a 3-year Local Housing Assistance Plan (LHAP) outlining strategies for how funds will be used. The City receives an annual allocation from the State of Florida through the Florida Housing Finance Corporation (FHFC) each year. For fiscal year 2008-2009, the City is expected to receive approximately $975,692. The City expends SHIP funds per the strategies outlined in the LHAP. The City’s current LHAP covers state fiscal years 2006-2009. This new LHAP will cover state fiscal years 2009-2012. The strategies outlined in the new LHAP are a continuation of the City’s current LHAP. All changes made within the 2009- 2012 LHAP will be retroactive to the 2006-2009 LHAP. The strategies include: 1) Down Payment & Closing Costs Assistance For Newly Constructed Homes - The City will use SHIP funds to provide down payment and closing costs assistance to eligible first time homebuyers purchasing a newly constructed home; 2) Down Payment & Closing Costs Assistance With or Without Rehabilitation - The City will use SHIP funds to provide down payment, closing costs and rehabilitation assistance for existing homes; 3) Replacement Housing - The City will provide SHIP funds for replacement of dilapidated single-family structures for eligible households; 4) Rehabilitation Assistance - The City will provide SHIP funds for the rehabilitation of owner- occupied single-family residences; 5) Foreclosure Prevention Assistance - The City will provide SHIP funds to assist households who are existing program participants that are experiencing mortgage payment delinquency; 6) Multi-Family Housing - The City will provide SHIP loans to support the acquisition, rehabilitation and new construction of rental housing; and 7) Disaster Mitigation - In the case of natural or man-made disasters, this strategy will utilize SHIP funding for emergency or interim repairs. Per statute, the City Council is being asked to adopt by resolution the LHAP for state fiscal years 2009-2012. Council 2009-04-15 9 Councilmember Doran moved to approve the City of Clearwater’s State Housing Initiatives Partnership Program (SHIP) Local Housing Assistance Plan covering State Fiscal Years 2009-2012. The motion was duly seconded and carried unanimously. Resolution 09-21 was presented and read by title only. Councilmember Cretekos moved to pass and adopt Resolution 09-21 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 10.4. Amend, repeal and renumber specified articles of Chapter 25, Code of Ordinances, relating to taxicabs and other public transportation carriers, amend Sections XIII and XXVIII of Appendix A and pass Ordinance 8060-09 on first reading. Articles II and III of Chapter 25, Code of Clearwater, regulate the operation of taxicabs and public conveyances in Clearwater; and Section XIII of Appendix A contains provisions authorizing the Clearwater Police Department to collect fees for inspecting taxicabs and public conveyances and issuing permits. Changes in the business environment and in the development of regional taxi and transportation systems have rendered many of the provisions in Articles II and III of Chapter 25, Code of Clearwater, obsolete. The Clearwater Police Department no longer has the resources to conduct physical inspections of taxicabs and public conveyances. No other municipality in the Tampa Bay area conducts physical inspections of taxicabs and public conveyances. The State Department of Agriculture is responsible for conducting inspections and certifying the accuracy of the taximeter. There are currently no major taxicab companies operating with a business address within the City of Clearwater. A 2008 audit by the City Auditor found that the expenses to administer a taxicab and public conveyance inspection and permit process currently exceed the revenue generated by the fees. Based on the above, approval is requested to repeal Articles II and III and renumber Article IV as Article II and to amend Section XIII and Section XXVIII of Appendix A to read as noted in the proposed Ordinance 8060-09. It was stated that the issue would be discussed at the next Pinellas County Metropolitan Planning Organization meeting. Councilmember Gibson moved to amend, repeal and renumber specified articles of Chapter 25, Code of Ordinances, relating to taxicabs and other public transportation carriers, amend Sections XIII and XXVIII of Appendix A. The motion was duly seconded and carried unanimously. Ordinance 8060-09 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8060-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 10.5. No Item. Council 2009-04-15 10 10.6. Approve Supplemental Work Order 2 in the amount of $44,290.37 to Wade-Trim, Inc, Engineer of Record, for engineering, design and construction administration services for the Morningside Neighborhood Traffic Calming Project (Project number 07-0008-EN) and authorize the appropriate officials to execute same. This project involves construction of traffic calming features in the Morningside community envisioned by community residents at the Morningside Traffic Calming Charrette and supported by a petition signed by owners of approximately 65% of the parcels in the project area. At the 60% milestone, the engineering plans were reviewed for faithfulness to the charrette vision by residents belonging to the Morningside Traffic Calming Tech Team. The project includes a roundabout at the intersection of Claiborne Avenue and Harn Boulevard and one at Summerlin Avenue and Harn Boulevard. At the 60% milestone, the engineering plans were sufficiently developed to determine with accuracy that easements or "corner clips" would be needed from owners of several properties adjacent to the two roundabouts; however, most of the property owners declined to sell the easements The work included in this Amendment is necessary to re-design the two roundabouts to fit within the available right-of-way. The re-design will not compromise the roundabouts unacceptably. There is no maintenance component related to the supplemental work order. It was suggested staff design future roundabout projects within existing rights-of-way. Councilmember Doran moved to approve Supplemental Work Order 2 in the amount of $44,290.37 to Wade-Trim, Inc, Engineer of Record, for engineering, design and construction administration services for the Morningside Neighborhood Traffic Calming Project (Project number 07-0008-EN) and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11 - City Manager Verbal Reports County EMS City Manager Bill Horne requested guidance regarding City’s strategy on County’s intention to reduce funding for two rescue vehicles. Staff directed to meet with County and provide Council with update. 12 - Council Discussion Items 12.1. EAB (Environmental Advisory Board) Recommendation regarding protecting Shore Birds Audubon of Florida Biologist Ann Paul provided information regarding beach-nesting birds found on North Clearwater Beach and precautionary efforts to avoid further population decline. In response to questions, Environmental Advisory Board Chair Anna Fusari said the EAB conducted the research at the request of the Council. Clearwater Beach is the last stretch in Pinellas County that allows dogs on the beach. Based on research and community support, the Board recommended that Council consider banning dogs in designated ecological corridors on Clearwater Beach year- round. Ms. Fusari said police officers would enforce the ordinance while patrolling the beach area. The survey area was from Pier 60 northward. Ms. Paul said Council 2009-04-15 11 birds have acclimated to people walking near nesting areas but are disturbed when approached by dogs. Discussion ensued. Concerns were expressed regarding resources to enforce the ban and effect ban would have on private beach property owners. Additional scientific information will be provided. Staff directed to place item on next council agenda. 13 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events. Councilmember Cretekos congratulated Brian Cross for Coast Guard Citizen of the Year recognition. Councilmember Petersen urged all to adopt hurricane preparedness efforts and understand evacuation levels. Mayor Hibbard congratulated Rhodes Scholars from Florida State University and expressed condolences to survivors of Harry Kalas, Philadelphia Phillies broadcaster. 14 - Adjourn The meeting adjourned at 8:22 p.m. ayor City of Clearwater Attest: Council 2009-04-15 12- .