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09/17/2009 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 17, 2009 Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City 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 - Dr. Vincent Taylor of the Central Church of the Nazarene. 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations 4.1 Service Awards Two service awards were presented to city employees. 4.2 Fire Prevention Week Proclamation - October 4 through 10, 2009 4.3 Public Natural Gas Week Proclamation - October 4 through 10 2009. 5. Approval of Minutes 5.1 Approve the minutes of the September 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Carlen Petersen moved to approve the minutes of the September 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. The Council 2009-09-17 1 motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Steve Sarnoff expressed concerns with rising health care costs. Mark Blanchard encouraged Council to implement the City's adopted Vision. Pauline Pollio - opposed spending funds on additional consultant costs. Linda Christmas said she was offended by comments made during Monday's work session regarding beach property owners' greed. Mike Reardon requested consideration to allow outdoor display of rental bikes at his downtown business. Wilberta Finley expressed concerns with the reclaimed water accessibility fee. Anne Garris reviewed upcoming activities the Friends of the Clearwater Beach Recreation Center and Library are hosting. Judy Melges reviewed volunteer and intern programs funded by the Clearwater Library Foundation. Urith Fitzgerald reviewed upcoming events supporting the Clearwater Main Library. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the applicant’s request to vacate the 40-foot drainage and utility easement lying along the west property line of Lot 1, Clearwater "19" Commerce Center, (aka 22067 U.S. 19 North), and pass Ordinance 8084-09 on first reading. (VAC2009-04 Kunnen) The applicant is seeking vacation of the 40-foot drainage and utility easement. Progress Energy, Verizon, Bright House Networks and Knology have no facilities in the subject easement and have no objections to the vacation request. The City of Clearwater has no utilities within the subject easement. The Engineering Department has no objections to the vacation request. Councilmember George N. Cretekos moved to approve the applicant’s request to vacate the 40-foot drainage and utility easement lying along the west property line of Lot 1, Clearwater "19" Commerce Center, (aka 22067 U.S. 19 North). The motion was duly Council 2009-09-17 2 seconded and carried unanimously. Ordinance 8084-09 was presented for first reading and read by title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8084-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nay": None. 7.2 Adopt Ordinance 8099-09 on second reading, declaring the millage rate to be levied for fiscal year beginning October 1, 2009 and ending September 30, 2010, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 5.1550 mills. Six individuals spoke in opposition to the millage rate; one spoke in favor. Four spoke in favor of keeping Morningside Recreation Center open and/or immediately beginning process to rebuild it. One opposed millage increase but supported maintaining Morningside Recreation Center. In response to a suggestion, it was stated that the Clearwater Library Foundation pledged to raise $5 million for the new Main Library but contributed less than $3 million. Discussion ensued. Concerns were expressed that now is not the time to increase the millage. Concerns were also expressed that lowering the millage from that proposed would erode the quality of life that makes Clearwater special. Councilmember Carlen Petersen moved to declare the millage rate to be levied for fiscal year beginning October 1, 2009 and ending September 30, 2010, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 5.1550 mills. The motion was duly seconded and upon vote being taken: Councilmember George N. Cretekos, Councilmember John Doran, and "Ayes": Councilmember Carlen Petersen. "Nays": Mayor Frank Hibbard and Vice-Mayor Paul Gibson. Motion carried. Council 2009-09-17 3 Ordinance 8099-09 was presented for second reading and read in full. Councilmember John Doran moved to adopt Ordinance 8099-09 on second and final reading. The motion as duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran and Councilmember Carlen Petersen "Nays": Vice-Mayor Paul Gibson and Mayor Frank Hibbard. Motion carried. The Council recessed from 7:58 p.m. to 8:08 p.m. 7.3 Adopt Ordinance 8100-09 on second reading, adopting an operating budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010: authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. Councilmember George N. Cretekos moved to approve operating budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010: authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. The motion was duly seconded and carried unanimously. Ordinance 8100-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8100-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 7.4 Adopt Ordinance No. 8101-09 on second reading, adopting the Capital Improvement Program budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010; approving the six-year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and Council 2009-09-17 4 accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. Councilmember Carlen Petersen moved to approve the Capital Improvement Program budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010; approving the six-year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. The motion was duly seconded and carried unanimously. Ordinance 8101-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8101-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1520 S. Highland Avenue (Lots 15, 16, and south five feet of Lot 17 and north five feet of Lot 14, Scotia Heights in Section 23, Township 29 South, Range 15 East); and pass Ordinances 8090-09, 8091-09 and 8092-09 on first reading. (ANX2009-07010) This voluntary annexation petition involves a 0.198-acre property consisting of one parcel of land occupied by an office. It is located on the west side of South Highland Avenue, approximately 295 feet south of Nursery Road. The applicant is requesting this annexation in order to receive solid waste service from the City. The property is contiguous to existing City boundaries to the east and south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Sanitary sewer service is not available to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Council 2009-09-17 5 Pierce Street. 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 water, 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 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. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The existing office use of the subject property is not consistent with the uses allowed in the District. Therefore, when this property is annexed, the office will be a non-conforming use. 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 and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember George N. Cretekos moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1520 S. Highland Avenue (Lots 15, 16, and south five feet of Lot 17 and north five feet of Lot 14, Scotia Heights in Section 23, Township 29 South, Range 15 East). (ANX2009-07010) The motion was duly seconded and carried unanimously. Ordinance 8090-09 was presented for first reading and read by title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8090-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Council 2009-09-17 6 Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. Ordinance 8091-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8091-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. Ordinance 8092-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8092-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 7.6 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P), and Drainage Feature Overlay and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District and Preservation (P) District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the North 150 feet of said Lot 4, Langes Replat of Browns Subdivision in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first reading. (ANX2009-07011) This voluntary annexation petition involves a 1.369-acre property consisting of one vacant parcel of land. It is located on the west side of Betty Lane, approximately 178 feet north of Sunset Point Road. The applicant is requesting this annexation in order to receive water, sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.09-acres of abutting State Street right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU), Preservation (P), and Drainage Feature Overlay, and a Council 2009-09-17 7 zoning category of Medium Density Residential (MDR) and Preservation (P). 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 does not receive water service. The closest water lines are located in both the adjacent State Street and Betty Lane rights-of-way. The closest sanitary sewer line is located in the adjacent State Street right-of-way. The applicant is aware of the additional costs to extend both City water and sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with water, 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 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. The proposed RU and P Future Land Use Plan categories are consistent with the current Countywide Plan designation of this property. This RU designation primarily permits residential uses at a density of 7.5 units per acre. The Planning Department and the Pinellas Planning Council are processing a map adjustment to update the Drainage Feature Overlay, making it congruent with the P designation, pursuant to a jurisdictional wetlands survey. The proposed zoning districts to be assigned to the property are the Medium Density Residential (MDR) and Preservation (P) Districts. 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 north and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Council 2009-09-17 8 Two individuals expressed concerns with the proposed drainage feature overlay and how their unincorporated properties would be impacted. In response to questions, Engineering Director Mike Quillen said Pinellas County will be responsible for easement maintenance. The City may be asked to share costs should erosion repairs be required. Councilmember John Doran moved to continue Item 7.6 to October 1, 2009. The motion was duly seconded and carried unanimously. 7.7 Approve 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, and pass Ordinance 8044-09 on first reading. (TA2009-01004) The Planning Department is proposing amendments to the Community Development Code that address two issues: the creation of a new “resort attached dwellings” use within the Tourist District and the addition of criteria to address accessory uses within overnight accommodations uses in the Commercial and Tourist Districts. The details of the amendments are outlined below: New Resort Attached Dwellings Use Density limited to residential density of 30 units per acre; * Limited accessory uses are allowed; No exterior signage related to accessory uses permitted; * Defines “Dwellings, resort attached” within Section 8-102. Accessory Use Requirements for Overnight Accommodations in the Commercial and Tourist Districts: * Provides definition and limitations for the overall area accessory uses can comprise within an overnight accommodation project; * Requires accessory uses to be incidental, subordinate, and customarily accessory to overnight accommodations; * Excludes exterior uses, such as pools and tiki bars, from accessory floor area limitations; * Establishes a maximum floor area for those accessory uses located within the building interior, limiting them to 10 percent of the gross floor area of the development, or up to 15 percent of the gross floor area if additional parking is provided for the portion of accessory uses that exceeds 10 percent; * Implements criteria in Beach by Design related to accessory uses by requiring projects that request rooms from the Hotel Density Reserve (Reserve) and also propose interior accessory uses that comprise between 5 percent and 15 percent Council 2009-09-17 9 of the building gross floor area to decrease their development potential from the Reserve in proportion to the amount of accessory uses exceeding 5 percent; * Considers all interior accessory uses additional primary uses when determining the development potential and parking requirements for a project when accessory uses exceed 15 percent of the building gross floor area; * Requires signage for accessory uses to be subordinate to and incorporated into the primary signage for the overnight accommodation use, and limited area; * Exempts developments that have received additional density from the Destination Resort Density Pool in Beach by Design from the new requirements. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of August 18, 2009. The Board unanimously recommended the amendment for approval, requesting that staff provide Council with information regarding flag requirements for accessory uses. Staff is trying to collect such information and will provide you with any information obtained either prior to or at the Council work session. One individual expressed concern regarding the requirement to limit accessory use to 5% in order to qualify for units from the density pool. In response to questions, Planning Director Michael Delk said parking may be an issue during the morning overlap when guests have not checked out but people are coming in for a meeting. More meeting space will reduce room space and increase bulk of building. If developers go beyond the 5% meeting space, they do not have to provide additional parking. Discussion ensued with concerns regarding impact to building envelope. Councilmember John Doran moved to amend Item 7.7 by increasing from 5% to 10%, the allowable accessory use to qualify for units from the density pool. The motion was duly seconded. It was suggested the parking requirement be increased for increased accessory use. It was stated that change would require a new ordinance title. Staff suggested this be considered as part of the discussion on hotel density. Upon the vote being taken, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard voted "Aye;" and Councilmember George N. Cretekos voted "Nay." Motion Carried. Councilmember John Doran moved to approve Item 7.7 as amended. The motion was duly seconded and upon vote being taken: Council 2009-09-17 10 Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember John Doran, "Ayes": and Councilmember Carlen Petersen. "Nays": Councilmember George N. Cretekos. Motion carried. Ordinance 8044-09 was presented for first reading and read by title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8044-09, as amended, on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": Councilmember George N. Cretekos. Motion carried. 7.8 Determine that continued City ownership of an 18.18 acre portion of Hillsborough County parcel U-19-27-ZZZ-000000-13530.0, together with access from Patterson Road, no longer serves a valid public purpose; declare said parcel as surplus for the purpose of selling, and authorize advertising for bid in the minimum amount of $240,000 net, less costs of recording corrective instruments, if any, pursuant to Invitation For Bid 23-09. The City has leased the subject parcel, a portion of its 444 acre Hillsborough County "Sludge Farm" to the Silver Dollar Trap Club since 1994. The club has improved the parcel with three of its thirteen trap shooting stands. In December 2008 Council approved a Lease Modification Agreement and other instruments authorizing extension of the 15-year lease term for one additional year through February 13, 2010. Lease Article 21 (Environmental Matters) requires the Lessee to perform an environmental audit of the parcel upon lease termination and, if necessary, remediate any environmental impacts created during the lease term in excess of the baseline established at lease inception. During its term, lease Article 22 (Right of First Refusal to Purchase) grants Lessee the right of first refusal to submit a cash price purchase bid equal to or exceed any other cash price purchase bid made during the advertised bid period. The Right of First Refusal terminates with the lease. On May 22, 2009 Crockett and Associates Appraisers, Inc. prepared a current market value appraisal of the subject 18.18 parcel. Based on a SWFWMD 1989 aerial map with contours the appraiser estimates the parcel contains approximately 8 acres of upland pasture, the balance being wetlands lying within a FEMA established "Special Flood Hazard Area." The Council 2009-09-17 11 appraiser concluded the highest and best us of the parcel, with 40-foot wide access from Patterson Road, is likely to be a landscape nursery, and that its present market value as such is estimated to be $240,000. Invitation For Bid 23- 09 will be advertised in compliance with purchasing regulations soliciting market interest in the parcel in accordance with terms and conditions established therein, and applicable provisions of the existing lease with the Silver Dollar Trap Club. Councilmember Carlen Petersen moved to approve that continued City ownership of an 18.18 acre portion of Hillsborough County parcel U-19-27-ZZZ-000000-13530.0, together with access from Patterson Road, no longer serves a valid public purpose; declare said parcel as surplus for the purpose of selling, and authorize advertising for bid in the minimum amount of $240,000 net, less costs of recording corrective instruments, if any, pursuant to Invitation For Bid 23-09. The motion was duly seconded and carried unanimously. 8. Quasi-judicial Public Hearings 8.1 Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Commercial (C) District for property located at 2337 Gulf to Bay Boulevard (the West 100 feet of the East 445.0 feet of the North 330 feet of the West of the North of the NE of the SW of Section 18, Township 29 South, Range 16 East, less the north 50.0 feet for Gulf to Bay Boulevard), and pass Ordinances 8079-09 and 8080-09 on first reading. (LUZ2009-06001) This future land use plan amendment and rezoning application involves an approximately 0.613 acre property located on the south side of Gulf to Bay Boulevard, approximately 1,090 feet west of Edenville Avenue and approximately 1,740 feet east of Belcher Road. This property has a future land use plan classification of Residential Medium (RM) and a zoning designation of Mobile Home Park (MHP). The applicant is requesting to amend the future land use plan classification of the site to the Commercial General (CG) classification and to rezone the property to the Commercial (C) District. The amendments will make the future land use plan and zoning atlas consistent with the actual use of the property since 1995, as well as the parcels to the east and west, which are under the same ownership. Historically the parcel was used to gain access to Hillcrest Mobile Home Park (MHP) to the south. Second Street, a private street within the Park, connected to Gulf to Bay Boulevard via the parcel. In January 1990 Lokey Oldsmobile, Inc. acquired the entire Hillcrest Mobile Home Park (MHP) and shortly after removed the existing mobile homes from the subject parcel and closed off access between it and the rest of the Park. Lokey Oldsmobile, Inc. had acquired the parcel to the east in 1988, while the parcel to the west has been an automobile dealership Council 2009-09-17 12 since 1959. In 1995 the subject parcel was approved for a Conditional Use (CU#95-37) to permit outdoor retail sales and/or storage of vehicles (the existing use on the contiguous parcels to the east and west). In 1996 Lokey Oldsmobile, Inc. declared a Unity of Title between the subject parcel and the adjacent parcel to the east and to the west. Currently, there is no cross-access between Hillcrest Mobile Home Park (MHP) and the subject parcel. A detention area in the southeast portion of the parcel, as well as a concrete wall extending nearly the entire length of the parcel, serve as buffers. 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: * The proposed land use plan amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code * The proposed use is compatible with the surrounding area. * Sufficient public facilities are available to serve the property. * The applications will not have an adverse impact on the natural environment. 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 August 18, 2009 and unanimously recommended approval of the Future Land Use Plan amendment. Councilmember John Doran moved to approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Commercial (C) District for property located at 2337 Gulf to Bay Boulevard (the West 100 feet of the East 445.0 feet of the North 330 feet of the West of the North of the NE of the SW of Section 18, Township 29 South, Range 16 East, less the north 50.0 feet for Gulf to Bay Boulevard), and pass Ordinances 8079-09 and 8080-09 on first reading. (LUZ2009-06001) The motion was duly seconded and carried unanimously. Ordinance 8079-09 was presented for first reading and read be title only. Councilmember George N. Cretekos moved to pass Ordinance 8079-09 on first reading. The motion was duly seconded and upon roll call the vote was: Council 2009-09-17 13 "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard "Nays": None. Ordinance 8080-09 was presented for first reading and read be title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8080-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard "Nays": None. 9. Second Readings – Public Hearing 9.1 Adopt Ordinance No. 8104-09 on second reading, amending Chapter 22, Code of Ordinances, to change administrative responsibility for public bathing beaches, bathing and swimming areas, and the Courtney Campbell Recreation Area from the City Marine Department to the City Manager or his designee; eliminating the definition of safe bathing limit, and to describe areas formerly described as safe bathing limits as areas prohibiting, generally, watercraft and aircraft. It was stated that a motion to amend on second reading was needed to add the graphic. Councilmember John Doran moved to amend Item 9.1 to include the graphic. The motion was duly seconded and carried unanimously. Ordinance 8104-09 was presented for second reading, as amended, and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8104-09 as amended on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard "Nays": None. City Manager Reports 10. Consent Agenda Council 2009-09-17 14 10.1 Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) Vice-Mayor Paul Gibson moved to approve Item 10.1 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.2 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2009-2010 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. (consent) 10.3 Approve the October 1, 2009 Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater. (consent) 10.4 Declare the list of vehicles and equipment surplus to the needs of the city and authorize sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) 10.5 Approve a not to exceed amount of $400,000, to pay Gallagher Bassett Services, Inc., for workers compensation claims due and payable for the period October 1, 2009 through September 30, 2010. (consent) 10.6 Approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2009 through September 30, 2010, and authorize the appropriate officials to execute same. (consent) 10.7 Award Bid 26-09 to Mastec North America, Incorporated, 7221 East Martin Luther King Jr. Boulevard Tampa, Florida 33619, for the period October 1, 2009, to September 30, 2010, for the Installation of Gas Mains and Service Lines and approve a Purchase Order in the amount of $960,000. (consent) 10.8 Authorize a purchase order for payment of premiums under the City’s 1% Life Insurance program for the continuation of life insurance plans with New York Life Insurance in the amount of $140,000 for the fourteen month period from September 1, 2009, to October 31, 2010. (consent) 10.9 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, Florida for telephone service including frame relay service, T1’s, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period October 1, 2009 to September 30, 2010, at a cost not to exceed $372,170, in accordance with Sec. 2.564 (1)(e), Code of Ordinances, and authorize the appropriate officials to execute same (consent). 10.10 Award a contract (Purchase Order) to State of Florida, Department of Management Services, Tallahassee, Florida for Suncom long distance overflow Council 2009-09-17 15 service, State AIN Centranet lines, and toll free lines during the period October 1, 2009 to September 30, 2010, at a cost not to exceed $143,150 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1, and authorize the appropriate officials to execute same. (consent) 10.11 Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the period October 1, 2009 through September 30, 2010 for database maintenance at a cost not to exceed $189,000 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, and authorize the appropriate officials to execute same (consent). 10.12 Approve an agreement between the Florida Commission on Community Service and the City of Clearwater renewing the AmeriCorps Clearwater program for the period of January 1, 2010 through December 31, 2010, including a cash match in the amount of $78,200, and authorize the appropriate officials to execute same. (consent) 10.13 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $135,323.37, for a 12-month period beginning October 1, 2009 and ending September 30, 2010 and authorize the appropriate officials to execute same. (consent) 10.14 Award contract by purchase order to Angelos Recycled Materials, Consolidated Resource Recovery Inc., and Waste Management Inc. of Florida for operating expenditures of $790,000 for the disposal of solid waste at the sites operated by the three vendors listed above for the period October 1, 2009 through October 31, 2010 as provided in the City’s Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) 10.15 Award a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of $4,200,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the period October 1, 2009 through October 31, 2010 as provided in the City’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) 10.16 Approve the amendment of the Capital Improvement Program (CIP) for Water and Sewer by reducing CIP budgets by $12,000,000 of water and sewer revenue. (consent) 10.17 Approve the second amendment to the Alligator Creek Implementation Projects, Phase II (L054)and authorize the appropriate officials to execute same. (consent) 10.18 Approve the final plat for Varsity Estates, physical address is 2400 Varsity Drive and is approximately 1200 feet West of Old Coachman Road and 800 feet North of Sharkey Road. (consent) 10.19 Accept a 35 foot perpetual Drainage and Utility Easement and a 20 foot Temporary Construction Easement over, under and across portions of Council 2009-09-17 16 Government Lot 2, Section 20, Township 29 South, Range 16 East, as more particularly described therein, conveyed by G and I VI Bay Cove, LLC, a Delaware limited liability company, each given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 10.20 Request for authority to institute a civil action against Advanced Communications, LLC, to recover $2,885.62 for damages to City property. (consent) Councilmember John Doran moved to approve the Consent Agenda as submitted, less Item 10.1, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11. Other Items on City Manager Reports 11.1 Amend the City’s fiscal year 2008/09 Operating and Capital Improvement Budgets at Third Quarter and pass Ordinances 8102-09 and 8103-09 on first reading. The fiscal year 2008/09 Operating and Capital Improvement Budgets were adopted in September 2008 by Ordinances 8005-08 and 8006-08. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a third quarter report detailing income, expenditure estimates, collection, the explanation of significant variances, as well as the financial status of all capital improvement projects. The third quarter amendment memorandum and accompanying reports provide this information and outlines the issues at third quarter that requires amendment. Significant Fund amendments include: General Fund General Fund revenues and expenditure amendments reflect a net increase of $2,724,375. The major reason for the overall General Fund expenditure increase includes a budget increase of $2,247,968.12 in Police and Fire for the supplemental plans which is offset by plan revenue. Historically, these revenues and expenditures were reflected in a separate fund, but the Government Finance Officers Association (GFOA) requires that the supplemental plans be reflected in the General Fund. The balance of the increase is attributed to allocations from retained earnings which include the following; $175,000 to the Police Department to fund the payout of accrued leave for retirements, $100,000 to Parks & Recreation to support arts education classes at Ruth Eckerd Hall as previously approved by Council; and $230,000 to the Marine Fund to cover cash deficits which have occurred in the past two years as previously approved by the Council. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated retained earnings of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2008 books, and the allocation of reserves noted above, estimated General Council 2009-09-17 17 Fund reserves at third quarter are approximately $13 million, or 10.8% of the current year’s General Fund budget, exceeding our reserve policy by $2.7 million. Water and Sewer Fund Third quarter amendments to the Water and Sewer Fund reflect a net decrease of $4,205,370 primarily due to the restructuring of water and sewer utility funding approved by the City Council on September 17, 2009. Other amendments include, transfers to capital projects for a total of $229,699.38 representing interest earnings on bond funds, and $1,258,000 is transferred from retained earnings to provide additional funding needed due to the issuance of the 09A revenue bonds with some offset from the refunding of the 98 revenue bonds. Gas Fund Budget amendments to the Gas reflect a net decrease of $3,126,160 which is primarily due to savings in fuel costs. This reduction as well as other increases and decreases in various operating codes, offset anticipated decreases in operating revenues. Solid Waste Fund Budget amendments at third quarter reflect a net increase of $60,000 to Solid Waste Fund revenues representing the increase collection of contractor fees, interest earnings, other general revenue, and Workers Compensation reimbursements. Recycling Fund Budget amendments to the Recycling fund expenditures reflect a net decrease of $50,000 which includes reductions to inventory purchases for resale and savings in fuel costs. These reductions offset anticipated decreases in operating revenues. Marine Fund At third quarter, the Marine Fund revenues are estimated to decrease by $695,860 including reductions to slip rentals and fuel sales due to the slow economy. Although operating expenditures will be reduced by $311,610 an amendment for a cash infusion of $230,000 from General Fund reserves is needed to sustain activities with a positive cash balance for the year as approved by the Council on September 3, 2007. Administrative Services Fund Third quarter budget amendments reflect an expenditure decrease of $80,000 to the Administrative Services Fund which is the result of efficiencies realized through the elimination of cell phones across various City departments. Administrative Services Fund revenues are appropriately reduced to reflect the reduction in pass back charges from departments. Council 2009-09-17 18 Garage Fund Third quarter amendments reflect savings in Garage fund expenditures of $105,000 primarily due to the reduction in gas charges since the 2008/09 budget was adopted and savings in vehicle parts. These savings are passed on to the operating departments and Garage Fund revenues will be adjusted accordingly. Central Insurance Fund At third quarter, $397,506.98 in Central Insurance Fund reserves are allocated to project 362-92267, Beach Walk to reimburse fund 362 for negative interest earnings allocations associated with Beach Walk construction disbursements. This amendment was previously approved by the City Council. Capital Improvement Fund Third quarter amendments to the Capital Improvement Fund reflect a net decrease of $4,432,444. Major project increases include the recognition of almost $1.4 million of grant revenue for the East Avenue Trail and more than $1.2 million of grant revenue for the Downtown Boat Slip project. Major project decreases include the return of $12 million of water and sewer fund revenues from various projects to the utility fund; Revenues of $1,736,097 which had previously been advanced to the Downtown Boat Slip project are returned to the Central Insurance fund. Special Program Fund The Special Program Fund reflects a net budget increase of $1,737,124 at third quarter. Amendments include budget increases from grant revenues for $974,933 which include: 1) $130,923 from the Corporation for National and Community Service for Federal Assistance for the AmeriCorps program; 2) $192,460.60 from Florida Department of Law Enforcement Office of Criminal Justice to be used to implement Florida’s Domestic Security Strategic Plan; 3) $251,549 from the American Recovery and Reinvestment Act of 2009 for CDBG East Gateway Neighborhood Revitalization Strategy; and 4) a total of $400,000 from the US Environmental Protection Agency for two brownfields assessment grants. Other significant amendments include $240,717 for the special events and sponsorships programs in the last three months, $169,478 from police fines and court proceeds to support public safety programs and $164,105 in revenues for police outside duty contractual services. Councilmember Carlen Petersen moved to amend the City’s fiscal year 2008/09 Operating and Capital Improvement Budgets at Third Quarter. The motion was duly seconded and carried unanimously. Council 2009-09-17 19 Ordinance 8102-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8102-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard "Nays": None. Ordinance 8103-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8103-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard "Nays": None. 11.2 Approve the deferral and amortization of the Gas Supply Acquisition Project No. 2 termination payment received August 7, 2009, from Florida Gas Utility in the amount of $4,151,418.62, plus accrued interest earnings over the remaining term ending September 30, 2026, and authorize the City Manager to adjust the annual transfer amount and/or remaining term to mitigate abnormal swings in the gas supply market. On June 15, 2006, the City of Clearwater (City) Council adopted Resolution 06- 38, approving a “Gas Supply Agreement No. 2” project (GSAP 2) with Florida Gas Utility (FGU), which consisted of pre-purchasing a 20-year supply of natural gas at a discounted price relative to the daily gas market. FGU executed a 20-year Prepaid Gas Purchase agreement with UBS AG effective September 1, 2006, to provide supply gas for the Clearwater Gas System, as well as 15 other FGU member systems, starting October 1, 2006, through September 30, 2026. In April 2009, UBS informed FGU they could no longer support GSAP 2 since they had decided to exit the gas supply business. Therefore, FGU negotiated with UBS to terminate the prepay agreement. On May 12, 2009, FGU and UBS entered into a “GPA Unwind Agreement Related to Gas Supply Acquisition Project No. 2”. On June 1, 2009, the City and FGU executed a Termination, Release and Proceeds Directive, which acknowledged the termination of GSAP 2. The Directive also instructed FGU to wire transfer to the City our proportionate amount Council 2009-09-17 20 of the termination payment, which was calculated to be $4,151,418.62. Amortization of the termination payment balance, including accrued interest earnings, will be calculated annually on a straight-line basis beginning October 1, 2009, over the remaining term ending September 30, 2026, which was the original end date for GSAP 2, and the annual amount transferred into the CGS Purchased Gas Adjustment (PGA) clause bucket to the benefit of gas ratepayers. Since this, in effect, serves as a Rate Stabilization Fund, the City Manager is authorized to increase or decrease the annual transfer from this fund and/or the remaining term to mitigate abnormal swings in the supply market. Amortization and deferral of the termination payment is in compliance with Financial Accounting Standards Board Statement No. 71, “Accounting for the Effects of Certain Types of Regulation.” It should be noted that, in addition to this termination payment, CGS and its customers benefited by $884,646 from the inception of the GSAP 2 project on October 1, 2006, through its termination on May 31, 2009. Therefore, the total benefit derived by CGS from this GSAP 2 project was $5,036,118, plus the interest that will accrue over the next 17 years. Gas System Managing Director Chuck Warrington requested direction from Council regarding whether to reduce rates or use proceeds for infrastructure. It was stated that Council may use funds as they see fit. Vice-Mayor Paul Gibson moved to amend Item 11.2 to direct $4,151,418.62 be recognized as current year revenue, increasing the FY 2009/2010 dividend by $2.075 million paid to the City’s General Fund and direct $2.075 million be placed in the Gas Fund CIP for programs to benefit customers and enhance energy conservation. The motion was duly seconded and upon vote being taken: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, and Councilmember George N. "Ayes": Cretekos. "Nays": Councilmember John Doran and Councilmember Carlen Petersen. Motion carried. 11.3 Amend the Joint Participation Agreement (JPA) AOU60, Supplemental Number 02, between the City of Clearwater and the State of Florida Department of Council 2009-09-17 21 Transportation (FDOT) to construct a new multi plane hangar(s) at the Clearwater Airpark, and adopt Resolution 09-34. Due to current economic conditions, we have a waiting list for enclosed “T” hangars and believe it will be more cost effective to rent smaller hangars than filling a large multi plane hangar. The FDOT requires a supplement to the contract to make the change to hangars plural. Councilmember Carlen Petersen moved to amend the Joint Participation Agreement (JPA) AOU60, Supplemental Number 02, between the City of Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi plane hangar(s) at the Clearwater Airpark. The motion was duly seconded and carried unanimously. Resolution 09-34 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 09-34. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. Nays": None. 11.4 Rescind Article VII, Solid Waste Management, Sections 32.272(4) and Section 32.288 and pass ordinance 8106-09 on first reading. Sections 32.272(4) and 32.288 of the newly adopted Ordinance 8025-09 need to be rescinded in order to provide the statutory notice requirement before taking further action to displace private haulers doing business within the City limits. Pre-amendment language shall take full force and effect upon adoption of ordinance 8106-09. Councilmember John Doran moved to rescind Article VII, Solid Waste Management, Sections 32.272(4) and Section 32.288. The motion was duly seconded and carried unanimously. Ordinance 8106-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8106-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. Nays": None. Council 2009-09-17 22 11.5 Update the 2004 Floodplain Management Plan; transmit the plan to the Federal Emergency Management Agency as required by the National Flood Insurance Programs Community Rating System; authorize the City Manager to initiate activities recommended in the Floodplain Management Plan; and adopt Resolution 09-37. The National Flood Insurance Program (NFIP) provides federally supported flood insurance in communities that regulate development in their floodplains, and the Community Rating System (CRS) reduces flood insurance premiums in those communities that do more than implement the minimum regulatory requirements. Participation in the NFIP is mandatory for federally supported flood insurance. The Floodplain Management Plan is a five year outlook that demonstrates what projects and policies the City is implementing to reduce flooding potential and decrease the risk to the NFIP This amended Floodplain Management Plan is one of the components required to participate in the NFIP and the CRS. These activities save the citizens of Clearwater 15% on their flood insurance premiums. Vice-Mayor Paul Gibson moved to approve the 2004 Floodplain Management Plan update; transmit the plan to the Federal Emergency Management Agency as required by the National Flood Insurance Programs Community Rating System and authorize the City Manager to initiate activities recommended in the Floodplain Management Plan. The motion was duly seconded and carried unanimously. Resolution 09-37 was presented and read by title only. Councilmember Carlen Petersen moved to adopt Resolution 09-37. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. Nays": None. 11.6 Accept a 120 square foot Water Main and Utilities Easement over, under and through a portion of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East conveyed by the School Board of Pinellas County, Florida, in consideration of receipt of $1.00 and the benefits to be derived therefrom. Heritage United Methodist Church has submitted plans for a Comprehensive Infill Redevelopment Project to redevelop the southerly five acres of its nearly 13 acre place of worship at 2680 Landmark Drive. The proposed redevelopment will include demolition of an existing metal building to permit construction of an 11,500 square foot one-story Fellowship Hall and connecting 37,720 square foot two- story Educational Facility. The site plan also proposes erection of a temporary modular educational facility and expanded parking totaling 404 spaces. The Council 2009-09-17 23 redevelopment parcel abuts the northerly boundary of Leila G. Davis Elementary School, 2630 Landmark Drive. An existing 8-inch water main extends along this mutual boundary on the school parcel and provides adequate capacity to serve both the school and the proposed Heritage UMC redevelopment. The Pinellas County School Board has conveyed the subject easement to permit the necessary water main interconnect to provide potable water to the new buildings and hydrants in the forthcoming redevelopment project. Councilmember Carlen Petersen disclosed she is a church member. Councilmember John Doran moved to accept a 120 square foot Water Main and Utilities Easement over, under and through a portion of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East conveyed by the School Board of Pinellas County, Florida, in consideration of receipt of $1.00 and the benefits to be derived therefrom. The motion was duly seconded and carried unanimously. 11.7 Appoint two members to the Environmental Advisory Board with the terms to expire September 30, 2013. Councilmember John Doran moved to appoint Mary Morrow and Robert Peter Statis to the Environmental Advisory Board with terms to expire September 30, 2013. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports - None. 13. Council Discussion Items 13.1 Sandwich Boards Clearwater Regional Chamber of Commerce representative Roger Larson submitted a petition requesting the city allow sandwich boards to licensed businesses within city limits. Three individuals spoke in support of sandwich board signs. Mr. Larson emphasized the signs would go next to the businesses, not on the curb or right-of-way. Discussion ensued with concerns expressed regarding traffic safety, aesthetics and code enforcement. It was noted many signing the petition are wanting the signs along the street to attract vehicular traffic not pedestrians. Council 2009-09-17 24 Staff was directed to work with the Chamber to develop a city-wide sandwich board sign ordinance. It was requested that discussion of a comprehensive review of sign ordinance be placed on the next work session agenda. 13.2 Side Setbacks for Docks It was requested the issue be discussed at a later date. 13.3 Efficiency Reviews of Fire and Parks and Recreation - Gibson In response to a question, Fire Chief Jamie Geer said the department had undergone an extensive review shortly before he began with the city. Almost every recommendation from that review has been implemented. Discussion ensued. Concerns were expressed that Parks and Recreation has already implemented extensive cuts. Consensus was to move forward with an efficiency review of the Fire Department. 13.4 Hotel Density Assistant Planning Director Gina Clayton provided a map depicting properties on which redevelopment could possibly take place. Concerns were expressed regarding size of parcels, the mass of potential structures, and the impact a time limit on the availability of the density pool will have on parcel assemblage. Staff was directed to schedule discussion at a future meeting. 14. Other Council Action 14.1 Other Council Action Councilmember John Doran said the city is acknowledged as one of the safest cities of its size and questioned if there was a desire to determine potential cost savings if the Police Department consolidated with Pinellas County Sherriff. Council 2009-09-17 25 Consensus was not to do so as the Matrix Study found consolidation would not offer significant savings. Adiourn The meeting was adjourned at 11 :45 p.m. l~~~~~ Mayor City of Clearwater Attest Council 2009-09-17 26