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11/05/2009 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER November 5, 2009 Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, and Councilmember John Doran. Absent: 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. Unapproved 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 - Reverend Doctor John R. Thompson of Countryside Christian Center 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 4.1 Jazz Holiday The City was thanked for its support. A framed poster for this year’s Holiday, signed by th all of the performers, and a 30 Anniversary book were presented to the City. 4.2 Ironman Triathlon - Kevin Dunbar, Parks and Recreation Director Parks and Recreation Director Kevin Dunbar thanked staff for their efforts and reviewed proposed traffic changes. Event activities and traffic changes are available online at www.myclearwater.com/ironman. 4.3 World Planning Day Proclamation – November 8, 2009 5. Approval of Minutes 5.1 Approve the minutes of the October 22, 2009 City Council Meeting as submitted Council 2009-11-05 1 in written summation by the City Clerk. Councilmember John Doran moved to approve the minutes of the October 22, 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 Dan Swanson - expressed potential safety concerns with upcoming Segway rental business. Mike Groham and David Hemerick expressed concerns with proposed Coronado/Hamden one-way pair on the beach. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the applicant’s request to vacate the south 5 feet of a 10-foot drainage and utility easement lying along the north property line of Lot 122, Replat of Willow Ridge, (AKA 1932 Hastings Lane), less the West 10 feet and the East 5 feet thereof, and pass Ordinance 8129-09 on first reading. (VAC2009-06 Evans) The applicant is seeking to vacate the easement portion to construct a swimming pool. The pool, as designed, meets current Community Development Code requirements. Progress Energy, Knology, Bright House and Verizon have no objections to the vacation request. There are no City-owned utilities in the easement portion subject of the vacation request and no future need for the easement portion is anticipated. The Engineering Department has no objections to the vacation requested. Vice-Mayor Paul Gibson moved to approve the applicant’s request to vacate the south 5 feet of a 10-foot drainage and utility easement lying along the north property line of Lot 122, Replat of Willow Ridge, (AKA 1932 Hastings Lane), less the West 10 feet and the East 5 feet thereof. The motion was duly seconded and carried unanimously. Ordinance 8129-09 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8129-09 on first reading. The motion was duly seconded and upon roll call the vote was: Council 2009-11-05 2 "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. It was stated that discussion of the Coronado/Hamden one-way pair on the beach will be discussed at the December 3, 2009 meeting. 7.2 Revise the 2008 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 09-41 and authorize the appropriate officials to execute same. The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal property for affordable housing." In 2008, the Council adopted Resolution 08-01 that established the 2008 Affordable Housing Inventory List. Twenty-nine city-owned parcels are currently on the list. As part of the continuing review of the City’s affordable housing programs, staff conducted a physical inspection of each parcel on the inventory list. After further review, 27 of 29 parcels have been determined to be inappropriate for affordable housing. Of the original 29 properties, 23 are located in the Community Redevelopment Agency (CRA) area, mostly in the Town Lake Business District, and are more appropriate to be available for redevelopment than for affordable housing. Four of the properties are too small and narrow for the development of any housing. The remaining two parcels are appropriate for the list. For this reason, the 2008 Affordable Housing Inventory List needs to be revised to reflect this assessment. The state statute includes that the governing body of each municipality must review the proposed affordable housing inventory list at a public hearing, and may revise the list at the conclusion of the hearing. Following the public hearing the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. The revised inventory list includes the address and legal description of each property, and specifies whether the property is vacant or improved. Section (1) of the statutory amendment requires that every three years each municipality prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing. Council 2009-11-05 3 Councilmember George N. Cretekos moved to revise the 2008 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes. The motion was duly seconded and carried unanimously. Resolution 09-41 was presented and read by title only. Vice-Mayor Paul Gibson moved to adopt Resolution 09-41. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. 7.3 Approve amendments to the Capital Improvements Element (CIE) of the Clearwater Comprehensive Plan making modifications pursuant to the City of Clearwater’s Capital Improvement Program budget adopted on September 17, 2009 and updating the reference to the School Districts Five-Year Work Program for FY2009/10 through 2013/14 as adopted by the School Board on September 15, 2009, and pass Ordinance 8088-09 on first reading. (CPA2009-07001) The Planning Department is recommending amendments to the Clearwater Comprehensive Plan in order to meet statutory requirements that an annual update be developed which incorporates both the Capital Improvement Program Budget and the School District’s Five-Year Work Program. The fundamental purpose of the Capital Improvements Element is to ensure that the City is able to fund the public facilities supported in the Comprehensive Plan Elements. These amendments bring the Comprehensive Plan into alignment with the City’s Six- Year Capital Improvements Program (CIP) Budget as adopted on September 17, 2009. By Statute, these amendments are due by December 1 each year, are exempt from the twice-a-year limitation for large-scale amendments and require transmittal to the State Department of Community Affairs (DCA). The proposed amendments are: (pages are given from Comprehensive Plan): · Capital Improvements Element Needs Summary (page I-1): Updates examples of CIP projects to reflect the FY 2009/10 CIP Budget adopted by Ordinance No. 8101-09 on September 17, 2009. · Policy I.1.1.2 (page I-2): Updates the reference to the annual update from FY2008/09 Capital Improvement Program Budget to FY2009/10 Annual Update to the Capital Improvements Element. · Policy I.1.7.6 (page I-12): Changes dates to reflect current year relative to the School District’s Five-Year Work Program. · FY2008/09 CIE Schedule I-A (Schedule 1-A Pages 1 - 49): Deletes FY2008/09 CIE Schedule I-A, Pages 1 through 49 and replaces it with FY2009/10 Annual Update to the Capital Improvements Element. Council 2009-11-05 4 The staff report and Ordinance 8088-09 contain further analysis and information on the proposed amendment. The Community Development Board (CDB) will review the proposed amendments at its public hearing of October 20, 2009. The Planning Department will report the Board's recommendation at the City Council meeting. Councilmember John Doran moved to approve amendments to the Capital Improvements Element (CIE) of the Clearwater Comprehensive Plan making modifications pursuant to the City of Clearwater’s Capital Improvement Program budget adopted on September 17, 2009 and updating the reference to the School Districts Five-Year Work Program for FY2009/10 through 2013/14 as adopted by the School Board on September 15, 2009. The motion was duly seconded and carried unanimously. Ordinance 8088-09 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8088-09 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. Absent: Councilmember Carlen Petersen. 8. Second Readings – Public Hearing 8.1 Adopt Ordinance 8098-09 on second reading, amending the Community Development Code to allow outdoor automobile, boat, and recreational vehicle shows and provide standards for such shows. Ordinance 8098-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8098-09 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, and Vice- Mayor Paul Gibson. "Nays": Mayor Frank Hibbard. Absent: Councilmember Carlen Petersen. Council 2009-11-05 5 Motion carried. 8.2 Adopt Ordinance 8110-09 on second reading, annexing certain real property whose post office address is 1408 Citrus Street, together with the abutting right of way of Citrus Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8110-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8110-09 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, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None Absent: Councilmember Carlen Petersen. 8.3 Adopt Ordinance 8111-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1408 Citrus Street, together with the abutting right of way of Citrus Street, upon annexation into the city, as Residential Low (RL). Ordinance 8111-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8111-09 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, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None Absent: Councilmember Carlen Petersen. 8.4 Adopt Ordinance 8112-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1408 Citrus Street, together with the abutting right of way of Citrus Street, upon annexation into the city, as Low Medium Density Residential (LMDR). Council 2009-11-05 6 Ordinance 8112-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8112-09 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, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None Absent: Councilmember Carlen Petersen. 8.5 Adopt Ordinance 8113-09 on second reading, annexing certain real property whose post office address is 1876 Sylvan Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8113-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8113-09 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, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None Absent: Councilmember Carlen Petersen. 8.6 Adopt Ordinance 8114-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1876 Sylvan Drive, upon annexation into the city, as Residential Urban (RU). Ordinance 8114-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8114-09 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, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None Council 2009-11-05 7 Absent: Councilmember Carlen Petersen. 8.7 Adopt Ordinance 8115-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1876 Sylvan Drive, upon annexation into the city, as Low Medium Density Residential (LMDR). Ordinance 8115-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8115-09 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, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None Absent: Councilmember Carlen Petersen. 8.8 Adopt Ordinance 8120-09 on second reading, rescinding Ordinance 8085-09 and vacating the east five feet of the ten-foot drainage easement lying east of and adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens. Ordinance 8120-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8120-09 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, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None Absent: Councilmember Carlen Petersen. City Manager Reports 9. Consent Agenda 9.1 Adopt a policy for the disposition of city-owned real property for the purposes of workforce or affordable housing to meet Florida Statutes Chapter 166.0451 and City Charter provision 2.01(d)(5). (consent) 9.2 Accept a three part Gas Main and Utilities Easement containing a total of 7,036 square feet, more or less, to encumber a portion of Tracts 34, 35 and 37 of the Tampa and Tarpon Springs Land Company’s Subdivision, Pasco County, Florida, Council 2009-11-05 8 conveyed by Ramco-Gershenson Properties Limited Partnership, given in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.3 Approve additional waiver of fees in the amount of $11,864 for the Ironman 2009 event, to cover the cost of potential lost parking revenue to the parking fund for use of additional lots on Clearwater Beach. (consent) 9.4 Appoint Paul E. Maser to the Board of Trustees, Clearwater Police Supplementary Pension Fund for a two year term from November 1, 2009 through October 31, 2011. (consent) 9.5 Approve a Contract (Blanket Purchase Order) to Fleet Products Inc. of Tampa, FL in the amount of $160,000 for the purchase of replacement vehicle parts used by all City Departments during the contract period December 1, 2009 through August 11, 2010 in accordance with Sec. 2.564(1)(d), Code of Ordinances - City of Tampa Bid 410051205 and authorize the appropriate officials to execute same. (consent) 9.6 Award a contract (Purchase Order) for $412,960.00 to Duval Ford of Jacksonville, FL for 16 Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase in the amount of $180,670.00 under the City’s Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) 9.7 Accept a Blanket Water Main and Utilities Easement over, under and across a portion of the Northwest 1/4 of the Northeast 1/4 of Section 17, Township 29 South, Range 16 East conveyed by Island In The Sun Co-Op, Inc., a Florida not- for-profit cooperation, in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.8 Authorize the City Attorney’s Office to institute a civil action on behalf of the City against Advanced Communications, LLC, whose employees broke a water main near the intersection of Bertland Way and Chenango Avenue, Clearwater, washing out the roadway and resulting in damage to a City vehicle. (consent) Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Approve agreement with Matrix C G, Inc d/b/a Matrix Consulting Group, Ltd in the amount of $89,000, to perform an efficiency review of the Clearwater Fire Department, in accordance with Code Section 2.564(d), other governmental Bid (Seminole County RFP-1187-06/TRJ, Fire/Rescue/EMS Comprehensive System Assessment issued October 4, 2006), funding to be provided out of General Fund unappropriated retained earnings, and authorize the appropriate officials to execute the same. Fiscal conditions have led the City of Clearwater to consider efficiency reviews to Council 2009-11-05 9 re-examine spending and operations. The reviews are intended to help the City of Clearwater determine priority customer service areas and ways to improve efficiency and reduce costs. In completing an efficiency review, the City of Clearwater has two primary goals: (1) lowering spending and saving money in the short term, and (2) improving performance and yielding additional savings in the long term. Purpose and Scope of Fire Efficiency Review The key focus shall be to determine and review core services then identify budget limits and performance targets for each core service. This short-term review can clarify greater changes that can be made within the department or one of its processes to improve efficiency in the long-term. Options include maintaining a program, restructuring or cutting back a program, outsourcing a program, or eliminating the program altogether. When focusing on ways to improve departmental efficiency, the key focus should be to first determine the most effective organizational structure to deliver core services. Secondly, develop effective performance measures while maintaining the standards required for fire department accreditation through the Center for Public Safety Excellence, (CPSE), and the commitments as outlined by the Pinellas County Fire and EMS contracts. II. Scope of Work: 1. Organizational Structure: Examine and review the following aspects of the organization. a. Organizational progress and changes since last management study by MGT of America dated March 10, 2004. b. The number, type, and purpose of stations, units, bureaus and their functions; the number and type of personnel and other resources allocated to them. c. The number and type of line and staff personnel and the relationship between them, to include the extent to which authority and responsibility is properly allocated between them and the manner in which their efforts are planned, directed, coordinated, and supervised by Department administration. d. Comparative analysis of the management structure and ratio of administrative to front line fire service personnel. e. Benchmark the critical areas of the department’s staffing with those of similar departments, both inside and outside of Pinellas County, as well as compare to “best practices” in the delivery of fire department services. 2. Management/Administration a. Evaluate responsibilities, special assignments, and workload of department sworn and non-sworn administrative staff. b. Assess management’s problem identification, long-term planning, and organizational development strategies. Council 2009-11-05 10 c. Provide observations and recommendations regarding command structure. d. Review of succession planning to senior management positions. e. Evaluate communication and interaction with officers, line personnel, union representatives, command, and other management staff. 3. Operations, Support Services, Fire Prevention, EMS, and Technology a. Evaluate technology systems, equipment, and staff use/capability and make recommendations to enhance productivity and effectiveness. b. Assess department policies and procedures and collective bargaining provisions that impact the efficient operations of the department. c. Benchmark the critical areas of the department’s operations with those of similar size departments, both inside and outside of Pinellas County. 4. Review of other areas/issues deemed necessary by the consultant to meet the goals of this study. It was stated that staff will meet with Matrix representatives before the efficiency review is underway. The review will also include EMS response protocols and comparison to other fire departments. Councilmember George N. Cretekos moved to approve agreement with Matrix C G, Inc d/b/a Matrix Consulting Group, Ltd in the amount of $89,000, to perform an efficiency review of the Clearwater Fire Department, in accordance with Code Section 2.564(d), other governmental Bid (Seminole County RFP-1187-06/TRJ, Fire/Rescue/EMS Comprehensive System Assessment issued October 4, 2006), funding to be provided out of General Fund unappropriated retained earnings, and authorize the appropriate officials to execute the same. The motion was duly seconded and carried unanimously. 10.2 Countywide School Zone Improvement Program - Resolution 09-48 Vice-Mayor Paul Gibson moved to support the Countywide School Zone Improvement Program. The motion was duly seconded and carried unanimously. Resolution 09-48 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 09-48. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Council 2009-11-05 11 Absent: Councilmember Carlen Petersen. 10.3 Proposed Local Bill for 2010 State Legislative Session - Clearwater Working Waterfront, removing reverter clause. The Marina property is outdated and needs to be redeveloped. The proposed bill brings the outdated language of the 1925 Special Act land grant to be consistent with the current legislative policy for recreational and commercial Working Waterfronts. This bill will require us to be in compliance with applicable Florida law related to waterfront property in the State of Florida. More specifically, the proposed bill impacts the upland portion of the municipal marina property, and releases the state reverter clause only to the extent that the property is redeveloped in accordance with the current policies and law of the State for working waterfront properties including the Florida Coastal Management Program, the Waterfronts Florida Program, the City Comprehensive Plan and the Code of Ordinances. The proposed bill does not have any impact on the 2007 Local Bill 1585 requirement for a site-specific referendum if the “existing public land use designation” is changed. Further, the proposed bill requires a site- specific referendum if the City sells the subject upland property. The bill, following the intent of Working Waterfronts, maintains the availability of public access to the navigable waters of the State. It was noted the Council previously directed the local bill be submitted for the 2010 State Legislative Session. Since that time the bill has been revised to remove Memorial Causeway and to require a referendum to sell the property. It was stated that any change from the current Transportation Utility designation, or sale of property, will require a referendum. The city could not lease to build a hotel without a referendum to change the land use. If the land use is changed, the city could lease the property without a referendum for up to 30 years with a possible 30-year renewal. Five individuals expressed concerns with 4 in opposition. Three individuals spoke in support. In response to a concern, it was stated that TU Land Use allows marina, airport and utility. A parking garage may be built on the property without a referendum. Councilmember George N. Cretekos moved to approve the revised local bill. The motion was duly seconded and carried unanimously. Council 2009-11-05 12 Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Estimated Hours for Beach Hotel Density Pool Criteria Planning and Development Services Director Michael Delk said staff estimates 120 hours are needed to create a design model illustrating different examples within current code parameters. Discussion ensued with consensus for staff to provide illustrative models of potential increased setback and other design criteria for the hotel density pool and associated lot assemblage scenarios. 11.2 Sidewalks in East Gateway Economic Development and Housing Director Geri Campos Lopez said staff has been working with the East Gateway Stakeholder Advisory Group to address sidewalk gaps in the neighborhood, beginning with streets exhibiting poor levels of service. The city is short of meeting the 51% property owner approval threshold. Current city practice is to seek the consent of property owners in the neighborhood where a sidewalk project is proposed. Ms. Campos Lopez said a high proportion of the property owners are absentee landowners and investors, not by residents whose quality of life is directly impacted by lack of basic infrastructure. The property owners have not responded to the petition drives but residents have expressed a need for sidewalks. Consensus was to exempt East Gateway from the 51% property owner approval requirement for sidewalk installation. Staff was directed to mail notices to affected property owners. 12. Other Council Action 12.1 Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events. Council 2009-11-05 13 Adiourn The meeting was adjourned at 7:43 p.m. y~~ Mayor City of Clearwater Attest Council 2009-11-05 14