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08/20/2009 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 20, 2009 Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City present: Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1.Call to Order The meeting was called to order at 6:00 p.m. at City Hall. 2.Invocation - Pastor Ken Link of Lakeview Baptist Church 3.Pledge of Allegiance - Mayor Frank Hibbard 4.Presentations 4.1 Service Awards One service award was presented to a city employee. 4.2 Diversity Leadership Council Poster Contest Award Council 2009-08-20 1 4.3 ESGR presenting Clearwater Police Department Chief Klein with award. 4.4 Presentation by Chamber of Commerce - Tourism Year in Review 4.5 US Coast Guard Presentation 4.6 Clearwater in Space Day Proclamation - August 25, 2009 5.Approval of Minutes 5.1 Approve the minutes of the August 6, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Carlen Petersen moved to approve the minutes of the August 6, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6.Citizens to be Heard re Items Not on the Agenda Rev. Floyd Irwin expressed concerns regarding use of microwaves. Council 2009-08-20 2 Pauline Pollio opposed spending funds on Morningside park improvements if will be dismantled later to build new recreation center. Steve Schuler suggested consideration be given to amending sign code to allow for more flexibility. Tina Fruella and Sam Hasham requested assistance with business signage and advertisement efforts. Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings 7.1 Approve the applicant’s request to vacate the East 5-feet of a 10-foot drainage easement lying along the west property line of Lot 5, Block "V", Hibiscus Gardens subdivision, (AKA 1221 Turner Street) and pass Ordinance Number 8085-09 on first reading, (VAC2009-04 Norman L. Kirkland, Jr., Trustee). The applicant in this case is seeking to vacate the east 5-feet of a 10-foot drainage easement to clear up a title issue related to a building constructed in 1976 that encroaches 5-feet into the drainage easement. Because the easement was granted to allow the installation of City of Clearwater stormwater facilities only, the applicant was not required to obtain no objection letters from the private utility companies. No stormwater facilities are present in the subject easement and given the proximity of an adjoining 35-foot drainage and utility easement no future need for the easement portion is anticipated. The Engineering Department has no objections to this vacation request. Councilmember George N. Cretekos moved to approve the applicant’s request to vacate the East 5-feet of a 10-foot drainage easement lying along the west property line of Lot 5, Block "V", Hibiscus Gardens subdivision, (AKA 1221 Turner Street). The motion was duly seconded and carried unanimously. Ordinance 8085-09 was presented for first reading and read be title only. Council 2009-08-20 3 Councilmember Carlen Petersen moved to pass Ordinance 8085-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.2 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 2141 Alemanda Drive (Lot 93, Sunset Gardens in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8081-09, 8082-09 and 8083-09 on first reading.(ANX2009-06009) This voluntary annexation petition involves a 0.14-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Alemanda Drive, approximately 670 feet west of South Belcher Road. The applicant is requesting this annexation in order to receive solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the east. 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 as follows: * The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Alemanda Drive right-of-way, and the applicant is aware of the additional costs to extend City sewer service to this property. The applicant has chosen not to connect to sanitary sewer at this time and is aware of the associated monthly 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 administered through the district headquarters located at 2851 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 sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: * Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted Council 2009-08-20 4 through application of the Clearwater Community Development Code. * Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. * Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RU 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 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (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 east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember John Doran 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 2141 Alemanda Drive (Lot 93, Sunset Gardens in Section 24, Township 29 South, Range 15 East. The motion was duly seconded and carried unanimously. Ordinance 8081-09 was presented for first reading and read be title only. Councilmember George N. Cretekos moved to pass Ordinance 8081-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. Ordinance 8082-09 was presented for first reading and read be title only. Vice-Mayor Council 2009-08-20 5 Paul Gibson moved to pass Ordinance 8082-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. Ordinance 8083-09 was presented for first reading and read be title only. Councilmember Carlen Petersen moved to pass Ordinance 8083-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.3 Approve Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design and adopt Resolution 09-23. The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive. The site is comprised of three parcels, two on the north side of Devon Drive and one on the south side of Devon Drive. The northern portion of the subject property is currently developed with a 22-unit motel at 101 Coronado Drive (Port Vue Motel) and vacant land (formerly a 16-unit motel). The vacant area is presently being used for construction trailers for the Hyatt/Aqualea project (301 S. Gulfview Boulevard). The southern portion of the subject property is currently vacant land (formerly a 15-unit motel), also being used for construction trailers for the Hyatt/Aqualea project. The proposal is for an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck)On May 19, 2009, the Community Development Board (CDB) approved with 13 conditions of approval a Flexible Development application for the construction of a 108-unit hotel with associated amenities (FLD2009-03013). Council 2009-08-20 6 The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: * Provides for the allocation of 72 units from the Hotel Density Reserve; * Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; * Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; * For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and * Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on May 19, 2009, and unanimously recommended approval of the application (DVA2009-00001). In response to a question, Planner Wayne Wells said the sidewalk is 7 feet wide. Applicant representative Ed Hooper said the property owner has addressed outstanding issues and is ready to go forward. The applicant understands hotel development. Two individuals spoke in opposition and one individual expressed concern. Mr. Hooper said the applicant has spent over a year listening to staff and Council and has developed a project around that. The project complies with Beach by Design. Concerns regarding site plan should have been brought to the Community Development Board. Item before City Council is the development agreement. In response to questions, Mr. Wells said the proposed bump outs were designed to meet Beach by Design requirements. The proposed project will adjust the impervious surface ratio from 90% to 59%. It was stated the development agreement does not list restaurant as a permitted use. There is no right to a view over somebody’s property. The item before Council is to Council 2009-08-20 7 approve, or not, the allocation of density units. Discussion ensued. It was stated that concerns regarding height should have been raised during the development of Beach by Design. Councilmember George N. Cretekos moved to approve a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of 72 units from the Hotel Density Reserve under Beach by Design to property located at 101 and 105 Coronado Drive and 35 Devon Drive. The motion was duly seconded and carried unanimously. Resolution 09-23 was presented and read by title only. Vice-Mayor Paul Gibson moved to adopt Resolution 09-23. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. The Council recessed from 7:57 p.m. to 8:04 p.m. 7.4 Approve amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009-01002) At the City Council Work Session of July 13, 2009, concerns were raised pertaining to amendments to Community Development Code Section 3-601 concerning docks, as proposed in Ordinance 8043-09. This item was continued by the City Council at its July 16, 2009 meeting with the request that staff incorporate a maximum length limitation within the proposed amendments for docks. The ordinance has been revised to reflect the Council’s recommendation. Major changes to Ordinance 8043-09 include: Docks, boatlifts and service catwalks Council 2009-08-20 8 that serve single-family or two-family dwellings: * Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3-601.C.1.b). * Creates two-tier approach to deviations, including requirement that any request for deviation to the 250 foot maximum be considered by the Community Development Board, and only under certain conditions including environmental constraints (Section 3-601.C.1.g). * Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601-C.1.g.iv). Commercial Docks: * Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3-601.C.3.h.ii). * Includes additional requirements for deviation requests, such as incorporating language similar to the County’s variance criteria (Section 3-601-C.3.i). * Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601-C.3.i.vi). The Community Development Board will review the proposed amendments at its regularly scheduled meeting of August 18, 2009 and make a recommendation to the Council. The Planning Department will report the recommendation at the City Council meeting. In response to questions, Assistant Planning Director Gina Clayton said no additional amendments were made regarding tie poles. Ms. Clayton reviewed documented capacity for parking facilities. Assistant City Attorney Leslie Dougall Sides said while the city is not preempted from banning commercial docks there could be legal consequences as upland property owners have riparian rights to use adjacent water, which includes the right to boat and build a dock. It was suggested commercial docks be required to be 20% from the property line. Councilmember John Doran moved to remove "documented capacity" in regard to parking in the ordinance. The motion was duly seconded and upon vote being taken: Councilmember John Doran. "Ayes": "Nays": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Council 2009-08-20 9 Cretekos, and Councilmember Carlen Petersen. Motion failed. Councilmember George N. Cretekos moved to amend Ordinance 8043-09 by adding Section 3-601.c.3.h - "Commercial Docks." The motion was duly seconded and carried unanimously. Vice-Mayor Paul Gibson moved to approved Item 7.4, as amended. The motion was duly seconded and carried unanimously. Ordinance 8043-09 was presented for first reading as amended and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8043-09, as amended, on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.5 Continue Public Hearing and First Reading of Land Use Ordinances for 2337 Gulf to Bay Blvd. to September 17, 2009. (LUZ2009-06001) Councilmember John Doran moved to continue Public Hearing and First Reading of Land Use Ordinances for 2337 Gulf to Bay Blvd. to September 17, 2009. The motion was duly seconded and carried unanimously. 7.6 Continue to September 17, 2009 the first reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) Council 2009-08-20 10 Councilmember George N. Cretekos moved to approve Item 7.6 to September 17, 2009. The motion was duly seconded and carried unanimously. 8.Second Readings – Public Hearing 8.1 Adopt Ordinance No. 8087-09 on second reading, amending Section 2.263(1), Clearwater Code of Ordinances to provide for no salary increases for the Mayor and Councilmembers in 2010. Ordinance 8087-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8087-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 9.Consent Agenda 9.1 Approve letter for Mayor’s signature for Clearwater Regional Chamber of Commerce’s Clearwater City Map project. (consent) 9.2 Approve the Extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2010. (consent) 9.3 Award a contract for utility rate study and other professional services for the five year period ending August 31, 2014 for the Water and Sewer, Stormwater, Solid Waste and Recycling utilities to Burton and Associates, Inc. of St. Augustine, Florida for a not-to-exceed amount of $335,000, and authorize appropriate officials to execute same. (consent) Council 2009-08-20 11 9.4 Grant and convey to Florida Power Corporation doing business as Progress Energy Florida, Inc., a Florida corporation ("Grantee"), non-exclusive blanket authority 5-feet each side of Grantee’s facilities to be installed at mutually agreeable locations over, across and through a tract of land lying within Section 11, Township 29 South, Range 15 East, as more particularly described therein, and authorize appropriate officials to execute same. (consent) 9.5 Accept a 208.590 square foot Drainage and Utility Easement conveyed by Joseph Siciliano, a single man, over, under across and through a portion of the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 9.6 Authorize additional funds to Bricklemyer, Smolker and Bolves, P.A., for continued representation of the City in several inverse condemnation litigation cases arising from the construction related to the Beachwalk Project, in the amount of $75,000. (consent) Councilmember John Doran moved to approve the Consent Agenda and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Councilmember Carlen Petersen moved to take Item 13.1 out of agenda order. The motion was duly seconded and carried unanimously. City Manager Reports 10.Other Items on City Manager Reports 10.1 Amend Chapter 32 as related to reclaimed water availability fee parameters and exemptions and incentives for well, lake or pond irrigation systems in specified Council 2009-08-20 12 areas and pass Ordinance 8086-09 on first reading. The reclaimed water program is essential in attaining the goals of Clearwater’s Integrated Water Management Strategy. Reclaimed water provides an alternate source to potable water for irrigation purposes, thereby reducing potable water purchases from outside sources. Using reclaimed for irrigation also alleviates the impact of treated wastewater disposal to Tampa Bay and Stevenson’s Creek. Construction and expansion of reclaimed water systems require large capital investments. The City is highly committed to the reclaimed water program and therefore our policies and ordinances are written to encourage participation in the reclaimed water system. The availability charge was originally established by ordinance in 1999 to include all improved properties adjacent to any reclaimed water distribution main to be charged a monthly availability charge to alleviate the capital outlay of extending accessibility of the reclaimed water system. There were no availability exemptions provided. In May 2007, an amendment to Section 32.380 was implemented. In areas where reclaimed water expansion projects were completed or under construction, the owners of existing well, lake or pond irrigation systems, identified in the ordinance as the projects named and boundaries defined by construction co-funding agreements with SWFWMD (Southwest Florida Water Management District) were exempted from paying the availability fee for reclaimed water. Included also was an incentive program initiated to encourage well owners in the defined project areas to transfer to reclaimed water. The program provides an incentive of up to $600 to shallow well customers to abandon their well and connect to the reclaimed system. Customers were then given a credit of $240 for the first year usage. Section 380.2 availability fee exemption is as follows: in areas where reclaimed water expansion projects are planned or are under construction, the owners of existing well, lake or pond irrigation systems not willing to abandon the current system to use reclaimed water, will not be charged the availability fee for reclaimed water for a period of one (1) year from the date of system activation. Owners of existing well, lake or pond irrigation systems who do connect to the reclaimed system during construction will not be charged the availability fee for reclaimed water for a period of two (2) years following system activation. These areas are identified in the ordinance as projects named and boundaries defined by construction co-funding agreements the City of Clearwater has with SWFWMD. The costs associated with this item are not yet determined; however, funds are budgeted annually (96768) as approved by City Council on May 3, 2007, during the establishment of incentives for irrigation system abandonment in Section 32.380.1 (changed to 32.380.2 in this Ordinance). Council 2009-08-20 13 This Ordinance shall take effect immediately upon adoption. Councilmember John Doran moved to amend Chapter 32 as related to reclaimed water availability fee parameters and exemptions and incentives for well, lake or pond irrigation systems in specified areas. The motion was duly seconded and carried unanimously. Ordinance 8086-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8086-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 10.2 Approve dedicating a 0.606 acre parcel of land between Jones Street and Georgia Street in the Southwest 1/4 of the Southeast 1/4 of Section 9, Township 29 South, Range 15 East, as "North Osceola Avenue," authorize the appropriate officials to execute same and adopt Resolution 09-29. In 2005 Triangle S. A. Land, LLC ("Developer") submitted plans for Flexible Development approval of a mixed-use project to be known as Harrison Village/Island View between Georgia Street and Jones Street, bounded by North Fort Harrison Avenue on the east and Clearwater Harbor on the west. Initial plans, and revised subsequent submittals proposed the City vacate that existing portion of North Osceola Avenue between Georgia and Jones Streets, and certain utility easements, in exchange for the developer deeding the City land for an alternate right-of-way corridor approximately 100 feet west of and parallel to North Fort Harrison Avenue. In consideration of the City agreeing to the proposed vacation the developer was also required to relocate all affected utilities and to improve the new roadway alignment meeting all city roadway standards. On May 4, 2006 the City vacated the then existing portion of North Osceola Avenue, and certain easements, upon passage and adoption of Ordinance No. 7613-06. The developer complied with Ordinance commitments to relocate utilities and Council 2009-08-20 14 improve the alternate right-of-way alignment, then conveyed the subject 50-foot wide 0.606 acre parcel to the City by Statutory Warranty Deed on August 14, 2007. Adopting Resolution 09-29 establishes the subject parcel as part of the City’s public roadway system. Vice-Mayor Paul Gibson moved to approve dedicating a 0.606 acre parcel of land between Jones Street and Georgia Street in the Southwest 1/4 of the Southeast 1/4 of Section 9, Township 29 South, Range 15 East, as "North Osceola Avenue," and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 09-29 was presented and read by title only. Councilmember Carlen Petersen moved to adopt Resolution 09-29. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. Miscellaneous Reports and Items 11.City Attorney Reports 11.1 Amend Chapter 22, Code of Ordinances, to allow for certain informal recreational activities in non-designated areas and pass Ordinance 8097-09 on first reading. The Clearwater Code of Ordinances currently prohibits certain informal activities involving the casual throwing of balls, including but not limited to footballs, baseballs, tennis balls, volleyballs, and shuttlecocks or Frisbees except in areas set aside for that purpose. The City Council would like to allow such informal activities in parks and on any public bathing beach unless such activity creates a threat of physical injury to any person. Organized Activity, including planned recreational activity or games having formal Council 2009-08-20 15 organization or structure, and games affiliated with membership in an organization will continue to be required to utilize areas set aside for that purpose. One individual expressed concerns. It was stated that ball throwing cannot interfere with on-going activity. Councilmember John Doran moved to amend Chapter 22, Code of Ordinances, to allow for certain informal recreational activities in non-designated areas. The motion was duly seconded and carried unanimously. Ordinance 8097-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8097-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 12.City Manager Verbal Reports 12.1 Approve Short-term Lease of the Lokey Building to the Greater Clearwater Chamber of Commerce Assistant City Manager Rod Irwin said the Chamber’s lease at their current location will soon expire and needs a location for 6 months with an extension. It was suggested $15,000 of the revenue be provided to Ruth Eckerd Hall. It was stated that the Chamber has a sublease to Jazz Holiday that they wish to continue. Staff will be able to approve. Council 2009-08-20 16 Vice-Mayor Paul Gibson moved to approve a Short-term Lease of the Lokey Building to the Greater Clearwater Chamber of Commerce The motion was duly seconded and carried unanimously. The Council recessed from 9:55 p.m. to 10:02 p.m. 13.Council Discussion Items 13.1 Skateboarding Recommendations It was stated that staff recommends to keep current prohibitions on North Mandalay until east side of South Gulfview is completed. Seven individuals opposed staff recommendations. One individual spoke in support of staff recommendations. In response to questions, Lieutenant Joseph Young said a majority of time has been spent on giving warnings. Warnings were issued to boarders in the restricted area. Eight citations have been issued to repeat offenders. Discussion ensued with concerns expressed regarding pedestrian safety and punishing those not damaging public infrastructure. Parks and Recreation Director Kevin Dunbar said the east side of Beach Walk was designed for pedestrians and the west side for non-motorized transportation. Councilmember Carlen Petersen moved to remove the skateboarding ban from Beach Walk and the west side of Mandalay, except for sun dial plaza. The motion was duly seconded and carried unanimously. 13.2 Direction regarding FY2009-10 Budget Council 2009-08-20 17 Budget Director Tina Wilson said $2.5 million in additional cuts will be needed if the millage rate is increased by 3% instead of recommended 9%. It was stated that the Police Department has eliminated staff support of Blue Line, effective October 1, 2009. In response to a question, Public Communications Director Joelle Castelli said there will be staff support to handle only City Council and Community Development Board meetings. Staff is looking at possibility of a part-time position to assist with the Municipal Code Enforcement Board meetings. In response to a suggestion regarding a consolidated library facility, Finance Director Margie Simmons said any change to the Penny for Pinellas list of projects will require a public hearing in October. Discussion ensued. Concerns were expressed with increasing the millage rate. Four individuals opposed closing library facilities; 1 individual opposed further budget cuts; 1 individual supported increasing the millage rate; and 1 individual suggested a sponsorship program for care of baseball fields. Staff was directed to maintain Rescue Unit 50 and the North Greenwood Library and use $500,000 from the road millage for funding. 14.Other Council Action 14.1 Other Council Action Vice-Mayor Paul Gibson requested the fertilizer ordinance be discussed at the next meeting. Adjourn Council 2009-08-20 18 The meeting was adjourned at 11:42 p.m. Mayor City of Clearwater Attest City rk Council 2009-08-20 19