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05/07/2009 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 7, 2009 Present: Frank Hibbard Mayor Paul Gibson Vice-Mayor Carlen Petersen Councilmember John Doran Councilmember George N. Cretekos Councilmember Also present: Jill S. Silverboard Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Rosemarie Call Management Analyst The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Bob Brubaker of Christ Community Presbyterian 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 APWA National Public Works Week Proclamation: May 17 – 23, 2009 4.2 EMS Week Proclamation: May 17 - 23, 2009 4.3 Safe Boating Week Proclamation: May 16 - 22, 2009 5 - Approval of Minutes 5.1 Approve the minutes of the April 15, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Petersen moved to approve the minutes of the April 15, 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 John Wiserexpressed concerns with response time to fix a down traffic light on Countryside Boulevard. Isay Gulley, Brenda Hunter, Talmedge Rutledge and Anne Garrisopposed possible closure of the North Greenwood Library. Council 2009-05-07 1 Tracy Short and Gary McGonnegal thanked Council and staff for efforts that removed Lake Hibiscus Park well from well-fields projects list. Steve Sarnoff said budget decisions will be difficult but government should fulfill citizens’ expectations. Public Hearings - Not before 6:00 PM 7 - Second Readings - Public Hearing 7.1 Adopt Ordinance 8022-09 on second reading, rescinding Ordinances 5856-95 and 5857-95 regarding certain property located at 1221 and 1256 Bay Avenue, 323 and 325 Pinellas Street and 1225 Reynolds Avenue. Ordinance 8022-09 was presented for second reading and read by title only. Councilmember Cretekos moved to adopt Ordinance 8022-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 7.2 Adopt Ordinance 8026-09 on second reading, amending the Community Development Code, Division 11, Public Art and Design Board; providing that City Council shall provide final approval for commission of public artwork. Ordinance 8026-09 was presented for second reading and read by title only. Councilmember Gibson moved to adopt Ordinance 8026-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Doran, Cretekos, and Hibbard. Motion Passed "Nays": Petersen. . 7.3 Adopt Ordinance 8060-09 on second reading, repealing Articles II and III of Chapter 25, Code of Ordinances relating to taxicabs and public conveyances, renumbering Article IV of Chapter 25, Code of Ordinances; amending Section XII of Appendix A, Code of Ordinances, relating to the fees charged for taxicab and public conveyance permits and vehicular stickers; amending Section XXVIII of Appendix A, Code of Ordinances, relating to the Business Taxes collected for the operation of taxicabs and public conveyances. Ordinance 8060-09 was presented for second reading and read by title only. Councilmember Petersen moved to adopt Ordinance 8060-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. Council 2009-05-07 2 7.4 Adopt Ordinance 8068-09 on second reading, relating to the neighborhood and Affordable Housing Advisory Board, Amending Article 2, Division 9A, Sections 2.226 through 2.229, Code of Ordinances, decreasing the number of board members from eleven to seven, to be augmented triennially by appointment of four committee members by resolution; amending the powers and duties of the board; providing for triennial appointment of additional board members to serve as the Affordable Housing Advisory Committee and providing for committee powers and duties; providing for the termination of terms for the additional committee members. Councilmember Doran moved to amend Ordinance 8068-09, delete “the board shall have the following powers and duties” on page 2. The motion was duly seconded and passed unanimously. Ordinance 8068-09 was presented for second reading as amended and read by title only. Councilmember Doran moved to adopt Ordinance 8068-09 on second as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. City Manager Reports 8 - Consent Agenda - Approved as submitted 8.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize sale to the highest bidder at the live auction of Tampa Machinery Auction, Tampa, Florida or GovDeals, Montgomery, Alabama on-line auction service. (consent) 8.2 Award a contract to Accela, Inc. San Ramon, CA for the purchase and installation of land management software in the amount of $404,981.87 in accordance with Sec. 2.564 (1) (b); and authorize lease purchase financing through Bancorp Bank d/b/a Mears Motor Leasing, Orlando, FL for software licensing in the amount of $146,671.18 and authorize the appropriate officials to execute same. (consent) 8.3 Approve Memorandum of Understanding and Interlocal Agreement pursuant to the Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Recovery Act/Edward Byrne Memorial Justice Assistance Grant application to be filed by Pinellas County on behalf of the City of Clearwater and other municipalities and authorize the appropriate officials to execute same. (consent) 8.4 Reappoint David Lawrence Jaye in the Business Owner category and Ryley Jeanne Hunter in the Agency or Government Representative category to the Brownfields Advisory Board with the term to expire May 31, 2013. (consent) 8.5 Approve settlement of the case of Mary Albawab v. City of Clearwater, Case 08-4093-CI- 011. (consent) Council 2009-05-07 3 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. 9 - Other Items on City Manager Reports 9.1 Approve supplementing Resolution 09-12 to appoint Assured Guaranty Corporation as the insurer of the Water and Sewer Revenue Bonds, Series 2009A and the Water and Sewer Revenue Refunding Bonds, Series 2009B, approve the form, authorize the execution of an insurance commitment and adopt Resolution 09-22. City Council adopted Resolution 09-12 on April 15, 2009, authorizing the negotiated sale of Water and Sewer Revenue Bonds, Series 2009A; and Water and Sewer Revenue Refunding Bonds, Series 2009B. Resolution 09-22 supplements that resolution by appointing Assured Guaranty Corporation as the insurer, approving the form, and authorizing the execution of an insurance commitment. Bond Council has advised that it is in the City's best interest to adopt this resolution since we have now received the insurance commitment and wish to clarify the required terms and conditions provided by the bond insurer. Councilmember Cretekos moved to approve supplementing Resolution 09-12 to appoint Assured Guaranty Corporation as the insurer of the Water and Sewer Revenue Bonds, Series 2009A and the Water and Sewer Revenue Refunding Bonds, Series 2009B, approve the form, authorize the execution of an insurance commitment. The motion was duly seconded and carried unanimously. Resolution 09-22 was presented and read by title only. Councilmember Petersen moved to pass and adopt Resolution 09-22 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. 9.2 Amend Article VII, Solid Waste Management, Section 32.271 through 32.322, Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste receptacle service(5)(b)(ii)(7), and pass Ordinance 8025-09 on first reading. The proposed amendments to this Ordinance and Appendix A include the recommendation for exclusivity for the City’s roll-off operation and various wording changes meant to clarify, update, or strengthen the current Ordinance and Appendix. Article VII, Solid Waste Management Update Language : 1) Solid Waste to Solid Waste/General Services; 2) Solid Waste and Director to Solid Waste/General Services Director; 3) City Commission to City Council Added Definitions : 4) Containerized service - collection of solid waste or recyclables in City- approved containers; 5) Contamination - when more than de minimis non-recyclable items are Council 2009-05-07 4 included with recyclables, or two or more types of recyclables are commingled; 6) Eviction or move-out refuse - refuse left for collection resulting from an eviction or move-out; 7) E-waste - inoperative or discarded electronic components; 8) Late payment - means any payment remitted after the required due date; 9) Recovered materials dealer - person or entity who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials; 9) Roll-off container - large capacity container used for commercial, industrial service, or special purposes, including but not limited to, containers with capacities between ten and forty cubic yards and which is transported with its contents to a solid waste disposal site; 10) Servicing - interaction with Solid Waste/General Services with regards to installing, cleaning, deodorizing, pulling, removing, or repairing damage to waste receptacles; and 11) Waste receptacle - vehicle or container used to collect, transfer or haul solid waste or construction debris. Strengthen Enforcement Capabilities Language added to Sec. 32.276 that designated solid waste personnel have the "authority to exercise limited police powers to enforce provisions of this chapter." Appendix A, Schedule of fees, rates and charges Establish Rates : 1) Solid Waste curbside collection rates for customers outside the City limits (Agreements to Annex) - add a 125% monthly surcharge to provide curbside service to accounts outside city limits; 2) Dumpster cleaning charges of $100 per receptacle after two free cleanings per year; and 3) Annual maximum of yard waste per dwelling - four complimentary pick-ups beyond the once-weekly yard waste collection per 12-month period not to exceed 40 cubic yards in the 12-month period. Exclusivity for Roll-Off Operations The provision of roll-off and compactor service in the City of Clearwater is currently open to all private roll-off haulers and the City's Solid Waste Department. Exclusivity would prohibit private haulers from doing roll-off business within the City limits. This recommendation is based Revenue Opportunity - on the following: 1) Current City roll-off operation has the capacity to absorb additional business without adding full-time equivalent positions (FTEs) or equipment; 2) Savings - Staff costs and hours necessary (approximately 1,200 hours) to enforce collection of Customer Service - the 15% franchise fee from private haulers; 3) Continue high level of customer service (service same day or next, deodorize and clean containers, etc.); 4) Efficiency - Area of operation within the City limits allows for a short turn-around to service; and Location - 5) Transfer Station is centrally located with the City and has the capacity to for additional refuse. There are eight FTEs assigned to the roll-off operation. The operation also includes six roll-off trucks providing service five days a week. One person opposed inclusion of dump trailer services. Solid Waste/General Services Manager Earl Gloster reviewed solid waste services provided by the City. Roll-off exclusivity is the last piece to an integrated solid waste system. Council 2009-05-07 5 One person spoke in support. Concerns were expressed regarding the City competing with private businesses. It was stated the private companies were given a chance to operate but they did not play by the rules. Direction given to amend ordinance to exclude rubber tire vehicles and require rubber tire haulers get a business permit and pay the 15% fee. Councilmember Doran moved to continue Item 9.2 to May 21, 2009. The motion was duly seconded and passed unanimously. 9.3 Reappoint Laurel E. Braswell in the Clearwater Resident category and appoint William R. Griffiths in the Employer's Representative category and Linda Kemp in the Banking/Mortgage Industry category to the Neighborhood and Affordable Housing Advisory Board with the term to expire May 31, 2013. Councilmember Gibson moved to reappoint Laurel E. Braswell and appoint William R. Griffiths and Linda Kemp. The motion was duly seconded and carried unanimously. 9.4 Appoint one member to the Parks & Recreation Board with the term to expire May 31, 2013. Councilmember Doran moved to appoint Candace Gardner. The motion was duly seconded and carried unanimously. Bennett v. City of Clearwater Assistant City Attorney Leslie Dougall-Sides said the court has ordered the City to rezone the property (Shoppes at Sand Key) to Tourist. Item will come before Council in June. All former ‘B’ properties have been rezoned. Miscellaneous Reports and Items 10 - City Manager Verbal Reports - None. 11 - Council Discussion Items 11.1 Protection of Shore Birds Environmental Advisory Board Chair Anna Fusari said the board preferred a year-round dog ban but recommended banning dogs on the beach during nesting season (February – August). In response to questions, Audubon Society representative Dr. John Hood said studies have shown that dogs, whether on leash or not, have a negative impact on nesting shorebirds. The birds stay away a lot longer when disturbed by dogs. Dr. Hood stated the habitat between Somerset Street and 880 Mandalay is marginal and suggested a compromise allowing dogs in that area and banning them north of 880 Mandalay. Council 2009-05-07 6 Assistant City Attorney Rob Surette said dogs were prohibited on Sand Key and public bathing beach. Police officers issue tickets if violations are observed. Ten individuals supported dogs on the beach and one individual opposed dogs on the beach. Discussion ensued. Concerns were expressed regarding the need to protect birds and potential impact dog ban would have on beach property owners. Concerns were also expressed regarding inappropriate human behavior occurring in the area. Councilmember Doran moved to direct staff to draft an ordinance imposing an absolute leash law between Somerset Street to connection to Caladesi all year long and requiring dog owners to clean up after pets. The motion was seconded and carried unanimously. It was stated that concerns have been expressed in the past regarding fireworks on the beach. Councilmember Doran moved to direct staff to draft an ordinance prohibiting fireworks on the public beach during nesting season (February – August) north of Somerset Street. The motion was duly seconded and passed unanimously. The Council recessed from 8:45 p.m. to 8:55 p.m. 11.2 Beach Parking Garage It was stated that Surf Style (Britt’s) wants to proceed to permit a dune and FEMA zone change that would allow them to have retail on the ground floor. Mainstream has reiterated their interest in a garage facility in which City owned 500 parking spaces and Mainstream leased 200 of them. Councilmember Doran moved to direct staff to come back with design and funding requirements for one additional deck over existing parking at Rockaway, Pier 60 and Adams Mark. The motion was duly seconded. Discussion ensued. Concerns were expressed regarding traffic congestion and impact on openness and water view. It was noted a single deck would still have to meet Beach by Design requirements. Engineering Director Mike Quillen said preliminary designs for parking facilities at Rockaway, Pier 60 and Adams Mark would cost $10,000 to $20,000. A single deck parking facility would be 15 feet high. In response to questions, Mainstream representative Antonio Fernandez said the th proposed parking facility on 5 Street would be 98 feet high with 70 parking spaces per floor. The facility would have 300 spaces for public use and Mainstream would lease back 200 spaces. Council 2009-05-07 7 Upon the vote being taken, Councilmembers Doran and Cretekos voted "Aye" and Councilmembers Petersen, Gibson and Mayor Hibbard voted "Nay." Motion failed. It was stated that the Surf Style (Britt's) location was more valuable as a hotel than as a parking garage. Surf Style (Britt's) representative said the company could handle the cost of the dune and would be able to provide the City with an estimated budget and financing plan within two weeks. The Coastal Engineer believed existing conditions could justify a FEMA zone map change or a minimal berm could be needed. One individual expressed concerns with a parking facility at the Adams Mark site and one individual supported additional beach parking. Staff was directed to work on term sheets with Mainstream and Surf Style (Britt's) with berm and no berm) and report in 30 days. 11.3 Reschedulinq 2nd Council Meetinq in October and Schedulinq Auqust Budqet Work Sessions Staff directed to reschedule second Council meeting in October to 10/22/09 with the Work Session on 10/19/09 and schedule the August Budget Work Sessions for 8/3/09 at 6:00 p.m. and 8/4/09 at 1 :00 p.m. 12 - Other Council Action Councilmember Doran thanked all that came. Mayor Hibbard expressed condolences to survivors of Steve Peterson. 13 - Adjourn The meeting adjourned at 10:27 p.m. J~~d Mayor City of Clearwater Attest: 8 Council 2009-05-07