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05/19/2011 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 19, 2011 Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague – Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Rev. Jim Lancaster from Calvary Baptist Church 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given. 4.1 Service Awards The May/June 2011 Bimonthly Team Award was presented to Chad Reed and Michael Hatch, Police Department Traffic Team. 4.2 Administer Oath of Office to Fire Chief Weiss The City Clerk administered the Oath of Office to Fire Chief Robert Weiss. 4.3 Youth Sportsmanship Award Winners The 2010 Excellence in Youth Sportsmanship Awards was presented to: Alexia Betz, Tori Camporini, Armoni Clarit, Breanna Malone, Cameron Pettway, Sydney Pickrem, Council 2011-05-19 1 Steven Randall, Justin Rodriguez, Syndney Serpo, Rashaad Stewart, and Garrett Tonejes. 4.4 National Safe Boating Week Proclamation – May 21-27, 2011 4.5 St. Petersburg College Learn to Earn Program - Stan Vittetoe - Provost, SPC Clearwater Campus Dr. Stan Vittetoe reviewed the Learn to Earn Program, an accelerated and affordable training series created to increase job skills and update resumes. The program was created in response to the recession to help those in career transitions. 4.6 Step Up Florida - Zachary Taylor, Wellness Specialist Zach Taylor presented the City with the Step Up Pinellas County Award for the most average steps taken during the wellness and physical activity promotion held in March. 5. Approval of Minutes 5.1 Approve the minutes of the May 5, 2011 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the May 5, 2011 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 Bill Parker expressed concerns regarding suspicious activities at Lake Chautauqua Park. Joe Paige provided Council with information regarding Agenda 21, a sustainability movement created by the United Nations Conference on Environment and Development and expressed concerns that the Greenprint steering committee membership does not include any scientists. Ginger Darling opposed efforts to eliminate the Clearwater Police Department’s Vehicle Towing Rotation List. Public Hearings - Not before 6:00 PM Council 2011-05-19 2 City Manager Reports 7. Administrative Public Hearings 7.1 Approve amendments to the Clearwater Comprehensive Plan addressing minor editorial changes within the Conservation and Capital Improvements Elements, and pass Ordinance 8256-11 on first reading. (CPA2011-03001) The Planning and Development Department is recommending amendments to the Clearwater Comprehensive Plan that would modify references to water quality criteria regulations, correct a reference to the 25-year floodplain map, and correct a table within the Capital Improvements Element. Staff evaluated the proposed amendment pursuant to Community Development Code Section 4-603.F. and finds that the amendment is consistent with the code and furthers the implementation of the comprehensive plan. The Community Development Board reviewed and unanimously recommended approval of the proposed comprehensive plan amendment at noticed public hearing on April 19, 2011. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. Vice Mayor George N. Cretekos moved to approve amendments to the Clearwater Comprehensive Plan addressing minor editorial changes within the Conservation and Capital Improvements Elements. The motion was duly seconded and carried unanimously. Ordinance 8256-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8256-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8. Quasi-judicial Public Hearings Council 2011-05-19 3 8.1 Approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) and Water/Drainage Feature (County) to Institutional (I) and Water/Drainage Feature, and Zoning Atlas Amendment from Agricultural Estate Residential District (A-E) (County) to Institutional (I) for one parcel of land located generally on the south side of Nursery Road and 495 feet west of South Haven Drive; and pass Ordinances 8251-11, 8252-11, and 8253-11 on first reading.(ANX2011-02001, LUP2011-02003 and REZ2011-02003) This subject site consists of one parcel of land, 1.243 acres in area located generally on the south side of Nursery Road and 495 feet west of South Haven Drive. This annexation, land use plan amendment and rezoning is requested by the applicant, Unity Clearwater, Inc. (Unity Church) owner of the adjacent large parcel of land to the east. The applicant intends to use the property for church support facilities. Currently the parcel is occupied by a single-family dwelling and a natural pond. The parcel is contiguous on the east and north side to existing city boundaries. Along with the voluntary annexation, the request is to change the future land use classification of Residential Urban (RU) and Water/Drainage Feature (County) to Institutional (I) and Water/Drainage Feature and the zoning designation of Agricultural Estate Residential District (A-E) (County) to Institutional (I). The applicant is requesting to amend the Future Land Use Map and Zoning Atlas in order to consolidate the church's holdings into the appropriate land use category and zoning district. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The parcel currently has a single-family dwelling and a natural pond on the rear of the site. The applicant is not receiving any city services at this time and is requesting sanitary sewer and water services. The applicant has paid the city's water and sewer impact and assessment fees and is aware of the additional costs to extend water and sewer services to this property. 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 49 located at 565 Sky Harbor Drive. 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 objectives and policies of the Clearwater Comprehensive Plan: Council 2011-05-19 4 Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Policy A.5.3.7 Support the continued existence of the residential and institutional character along Nursery Road between Belcher and U.S. 19 by precluding the expansion of existing commercial areas. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. 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 parcel is contiguous on the north and east sides to existing city boundaries, represents a logical extension of the boundaries and does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The Planning and Development Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan. 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 Future Land Use Plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category requested, review and approval by the Florida Department of Community Affairs is also required. The Community Development Board reviewed the Future Land Use Plan amendment and rezoning applications at its public hearing on April 19, 2011 and unanimously recommended approval. Council 2011-05-19 5 Councilmember Bill Jonson moved to approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) and Water/Drainage Feature (County) to Institutional (I) and Water/Drainage Feature, and Zoning Atlas Amendment from Agricultural Estate Residential District (A-E) (County) to Institutional (I) for one parcel of land located generally on the south side of Nursery Road and 495 feet west of South Haven Drive. The motion was duly seconded and carried unanimously. Ordinance 8251-11 was presented and read by title only. Councilmember John Doran moved to pass Ordinance 8251-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8252-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to pass Ordinance 8252-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8253-11 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8253-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.2 Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) classifications to the Residential/Office/Retail (R/O/R) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) Council 2011-05-19 6 districts to the Commercial (C) District, and a Development Agreement between Cay 1475, LLC (the property owner) and the City of Clearwater for property located at 1475 Sunset Point Road (unplatted land in NW of SW of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates) ; do not pass Ordinances 8254-11 and 8255-11 on first reading and do not adopt Resolution 11-09. (LUP2011-01001, REZ2011-01001 and DVA2011-01001) This future land use map amendment, rezoning application and development agreement involves a 1.52-acre parcel, located on the south side of Sunset Point Road, approximately 150 feet west of North Highland Avenue. This property has Future Land Use Map classifications of Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) and zoning designations of Office (O) and Low Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Residential/Office/Retail (R/O/R) classification and the zoning district to the Commercial (C) District. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. Retail sales and services is the proposed use (a Family Dollar store). The Planning and Development Department has determined that the proposed future land use map amendment and zoning atlas amendment is inconsistent with the Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. The proposed amendment conflicts with the character of the neighborhood. The available uses in the Commercial (C) District are incompatible with the surrounding area. 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. Council 2011-05-19 7 The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan amendment and zoning atlas amendment. Retail Sales and Services use of up to 8,320 square feet of non-residential floor area (0.125 Floor Area Ratio) at a maximum height of 25 feet is proposed. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years and requires the Developer to restrict certain uses, such as adult entertainment, nightclubs or bars with on premises consumption and new and used car sales. The Planning and Development Department has determined that the proposed Development Agreement is inconsistent with the City's Comprehensive Plan. Administrative Public Hearing on Land Use Amendment Planner Catherine Lee reviewed the applicant’s request regarding the land use plan amendment. The Community Development Board recommended approval of the requested future land use change to residential office retail on May 17, 2011 with a 4-3 vote in the affirmative, contingent upon the land use amendment and rezoning approvals. Staff has determined the proposed project is inconsistent with the City’s Comprehensive Plan and the countywide rules and incompatible with the surrounding properties and character of the neighborhood. It was stated that Item 8.2 requires three separate hearings and the record will incorporate the staff report and documents presented at the Community Development Board. Applicant representative Todd Pressman provided a power point presentation and reviewed the proposed project. The proposed site plan was designed with staff preferences that include removing parking along Highland Avenue, landscaping and stormwater system to code, and delivery truck control. Mr. Pressman said the proposed project would end blight and decay of the area. The neighborhood citizens support the proposed project. Attorney Steve Watts said the applicant has expressed an interest to place deed restrictions on the property beyond the 10-year period of the development agreement. In response to questions, Assistant City Attorney Leslie Dougall-Sides said the applicant expressed interest in amending the development agreement to restrict certain uses beyond the 10-year period. Ms. Dougall-Sides suggested amending the development agreement, by adding the following language: “the developer shall record perpetual restrictive covenants prohibiting adult use, bars and nightclubs with on-premises consumption, and new and used car sales uses prior to the issuance of any building permits for the project.” Ms. Lee said after the 10-year period, the property may be redeveloped to the highest intensity allowed, which is .40 FAR. The property could be Council 2011-05-19 8 redeveloped for another retail or restaurant use allowed by code. The property’s current zoning designation allows for accessory dwellings, community residential homes, educational facilities, medical clinics, mixed uses, nursing homes, offices, off-street parking, parks and recreation facilities, places of worship, public transportation facilities, retail sales and services if accessory to an office, schools, telecommunication towers, and veterinary offices. Traffic engineering manuals show the drive-through bank that was on the property generated more traffic. Planning and Development Assistant Director Gina Clayton said the future land use map dated 2018 shows what currently exists, there is no anticipated change for the property. The citywide design structure map identifies activity centers, preservation areas, and neighborhood shopping center areas. The citywide design structure map recognizes the east side of Highland Avenue is anchored by a neighborhood shopping center with limited commercial use on the west. Ms. Lee said staff received one email from a citizen opposing the proposed project. Planning and Development Director Michael Delk said additional commercial retail space is not in the long-term interest of the neighborhood. There is substantial inventory of commercial property that is economically underutilized today. There is a residential corridor along the Sunset Point Road. The property owner has repaired the fence and painted over the graffiti. Mr. Delk said the property owner has not gone before the Municipal Code Enforcement Board for violations. One individual spoke in opposition. Councilmember Bill Jonson moved to deny a Future Land Use Map Amendment from the Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) classifications to the Residential/Office/Retail (R/O/R) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District, and a Development Agreement between Cay 1475, LLC (the property owner) and the City of Clearwater for property located at 1475 Sunset Point Road (unplatted land in NW of SW of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates). The motion was duly seconded. In response to a question, Assistant City Manager Jill Silverboard said no comments were made on the record by the CDB members that supported or opposed the applicant. Upon the vote being taken, Mayor Frank Hibbard, Vice Mayor George N. Cretekos, and Councilmembers John Doran and Bill Jonson voted “Aye”; Councilmember Paul Gibson voted “Nay”. Motion carried. Council 2011-05-19 9 Ordinance 8254-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to deny Ordinance 8254-11. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. "Nays": Councilmember Paul Gibson. Motion carried. Quasi-Judicial Public Hearing on Rezoning Ordinance 8255-11 was presented and read by title only. Councilmember John Doran moved to deny Ordinance 8255-11. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Administrative Public Hearing on the Development Agreement The City Attorney stated a motion regarding the development agreement is not needed since Council denied the land use amendment and rezoning requests. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8258-11 on second reading, amending Section 4.23, Code of Ordinances, to extend the operating hours of the Airpark from 7:00 am to 11:00 pm. The Council recessed from 8:06 p.m. to 8:13 p.m. Marine and Aviation Director Bill Morris said the Airpark Advisory Board unanimously approved recommending the Airpark closing hours be extended from 9:00 p.m. to 11:00 p.m.. As directed by Council, staff held a public meeting on May 12, 2011 to seek public input regarding the proposed hours of operation. Mr. Morris said thirty individuals Council 2011-05-19 10 attended the meeting; twelve individuals opposed the change, ten individuals supported the change, and eight individuals had no opinion. Staff does not anticipate significant increase in activity from 9:00 p.m. to 11:00 p.m. but will log all activity during that timeframe and report monthly to Council. In response to questions, Mr. Morris said the Airpark runway is not long enough for significant jet traffic, as it requires very low temperatures and dense air. There are no plans to expand the runway; the facility is built-out. There is a retention pond located at the end of the runway. The facility has been selling Jet A jet fuel for turboprop planes for the last twelve years. The estimated annual fuel revenue is $8,000. Mr. Morris said the proposed changes are an effort to recapture corporate aircraft business that moved to other airpark facilities allowing later departures and arrivals. There have been no accidents at the Airpark in the last 18 months. Airpark Advisory Board Chair Dennis Roper urged Council not to place any restrictions on the proposed hours as all activities will be tracked and Council may revisit the ordinance at any time. Recent visit of flying club exemplifies the economic impact airpark users have on local economy. Club trip required members to stay at local hotels, dine at restaurants, and rent vehicles. Eight individuals spoke in opposition and eight individuals spoke in support. In response to questions, Mr. Morris said nighttime security includes a trained police aide and seventeen video cameras. The police aide reports violations to the Clearwater Police Department, records the tail number, and issues a warning letter. A pilot is prohibited to use the facility after receiving three warnings. Airpark Manager Barbara Cooper said civil air patrol training at the Airpark is limited to marching formation and learning to wear the uniform. Staff was directed to research ability to increase fines; provide Council with monthly reports regarding landings and takeoffs after 9:00 p.m., complaints and action taken to resolve issues, and hangar rental capacity; and review ordinance in six months. Councilmember Paul Gibson moved to adopt Ordinance 8258-11 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, and Councilmember Paul Gibson. "Nays": Councilmember Bill Jonson. Motion carried. 9.2 Adopt Ordinance 8259-11 on second reading, vacating a non-exclusive Council 2011-05-19 11 easement for sidewalk, drainage, utilities, and for the parking of motor vehicles located on the Clearwater Marine Aquarium property, 249 Windward Passage, subject to conditions. Ordinance 8259-11 was presented and read by title only. Councilmember Bill Jonson moved to approve Ordinance 8259-11 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10. Consent Agenda – Approved as submitted 10.1 Approve a First Agreement to Amend Meter and Regulator Station Easement (Amendment) with Florida Gas Transmission, LLC (FGT), a Delaware limited liability company as recorded in Official Records Book 8042, Pages 86 and 87 in the Public Records of Pinellas County, Florida; grant and convey to FGT that certain 10-foot by 49-foot easement as legally described in Exhibit B of the Amendment, and authorize appropriate officials to execute same. (consent) 10.2 Approve an agreement between the City of Clearwater (City) and the Early Learning Coalition of Pinellas County (Agency) to provide summer camp subsidies for children ages five to eleven years old from June 13, 2011 through August 19, 2011 and authorize the appropriate officials to execute same. (consent) 10.3 Award a contract (Purchase Order) to Certus Builders of Tampa, Florida, Bid 07- 0035-PR-D, for the sum of $526,363.20 (including Alternates 2 and 3 and 10% contingency), for the construction of a multipurpose building including restrooms, storage, concessions and office/meeting room, at the Joe DiMaggio Sports Complex; to be funded from CIP 315-93622, Joe DiMaggio Restroom/Storage Building and authorize the appropriate officials to execute same. (consent) 10.4 Amend an existing Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Clearwater authorizing two full- time equivalent positions to provide Community Police Officers for the East Gateway area of the CRA and authorize the appropriate officials to execute same. (consent) 10.5 Grant and convey to Florida Power Corporation, doing business as Progress Council 2011-05-19 12 Energy Florida, Inc., a Florida corporation (Grantee) two 10-foot wide Distribution Easements in Sections 29 and 32 respectively, Township 28 South, Range 16 East, as more particularly described in the respective exhibits, in consideration of the mutual benefits, covenants and conditions contained therein and authorize appropriate officials to execute same. (consent) Councilmember John Doran moved to approve the Consent Agenda as submitted 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 Appendix A, Schedule of Fees, Rates and Charges, Section XXV, Public Works Fees, Rates and Charges (3)(c ) Solid Waste collection rates; (3)(d) Recycling Rates; and (5)(b) Solid waste Roll-Off Container or Waste Receptacle Service, to decrease specific collection fees for Solid Waste and Recycling for Fiscal Year 2012, to increase specific collection fees for Recycling for fiscal years 2013 through 2016, and pass Ordinance 8264-11 on first reading. In early 2007 Burton and Associates completed a solid waste and recycling utility rate study to cover five years of operation (fiscal years 2008 through 2012). At that time, the City Council approved five years of rate increases that included the following items scheduled to be effective October 1, 2011 for fiscal year 2012: For recycling - an 11% increase For residential and commercial solid waste - a 5% increase For solid waste roll-off services - 4.5% increase With the assistance of the Finance Department, the decision was made to conduct the next rate study one year early because of the capital requirements to retrofit the Solid Waste Transfer Station and concerns about revenue sufficiency in Recycling. That rate study covering a period of five years (fiscal years 2012 through 2016) has now been completed. Burton and Associates recommends the following: For recycling: Reduce the scheduled 11% increase to 3.5% for fiscal year 2012 Schedule rate increases of 3.5% for fiscal years 2013 through 2016 Increase reserves for Operating and Maintenance from three months to six months due to the uncertainty of the sale of recyclables revenue (approximately 40% of total revenue) Council 2011-05-19 13 For solid waste: Eliminate the scheduled 5% increase for fiscal year 2012 for residential and commercial Eliminate the scheduled 4.5% increase for fiscal year 2012 for roll-off No rate increases for fiscal year 2013 through 2016 Increase reserves for Operating and Maintenance from three months to six months allowing the department to absorb the expense of debris cleanup in the aftermath of a non-FEMA reimbursable event Pay for the proposed solid waste transfer station out of cash (NOTE: This is a planned project for the future that will require Council approval to proceed.) The utility rate increase for recycling is necessary to provide the funding to meet operating and maintenance requirements and to maintain the current level of service. This rate increase amounts to approximately eight cents ($0.08) on the monthly bill. The major factors contributing to the increased expenses are escalating fuel and energy costs, fleet equipment and associated costs, and pension funding requirements. For the solid waste utility, no increase is necessary. While solid waste has been experiencing the same increased expenses as recycling, savings on disposal costs have been achieved due to reductions in tonnage caused by the downturn in the economy and more prudent (and less expensive) disposal methods. The monthly impacts to the average residential customer with twice-a-week garbage collection, a yard waste, trash, and recycling collection once a week and oversized items on call are reflected in the following table: Monthly Current 10/1/2011 10/1/2012 10/1/2013 10/1/2014 10/1/2015 Solid Waste $24.86 $24.86 $24.86 $24.86 $24.86 $24.86 Recycling $ 2.19 $ 2.27 $ 2.35 $ 2.43 $2 .52 $ 2.60 Total $27.05 $27.13 $27.21 $27.29 $27.38 $27.46 Appendix A of the Code of Ordinances currently contains a listing of various residential, commercial and roll-off collection fees for Solid Waste and Recycling. Staff is recommending that the Appendix A of the Code of Ordinances be amended to increase rates in accordance with the rate study prepared by Burton and Associates. Council 2011-05-19 14 Councilmember John Doran moved to amend Appendix A, Schedule of Fees, Rates and Charges, Section XXV, Public Works Fees, Rates and Charges (3)(c) Solid Waste collection rates; (3)(d) Recycling Rates; and (5)(b) Solid waste Roll-Off Container or Waste Receptacle Service, to decrease specific collection fees for Solid Waste and Recycling for Fiscal Year 2012, to increase specific collection fees for Recycling for fiscal years 2013 through 2016. The motion was duly seconded and carried unanimously. Ordinance 8264-11 was presented and read by title only. Vice Mayor George N. Cretekos moved to pass Ordinance 8264-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.2 Authorize decreasing the monthly reclaimed water availability fee from $19.58 to $11.18 and increasing the reclaimed water usage fee per 1,000 gallons from $0.62 to $0.93 effective October 1, 2011; increasing domestic, lawn water, and wastewater collection utility rates by 4.5% effective October 1, 2011; and increasing domestic, lawn water, wastewater collection and reclaimed water utility rates by 4.5% effective every October 1 in 2012 through 2015 and pass Ordinance 8266-11 on first reading. The utility rate increase is needed to provide funding to maintain compliance with debt service coverage requirements, supporting the continuation of capital improvement projects needed to sustain the City's utility infrastructure. Infrastructure improvements are needed to maintain compliance with federal, state and district regulations concerning water supply and treatment, the wastewater collection system, and water pollution control facilities; to maintain reliability of the water pollution control facilities due to age of the infrastructure; and to expand the reclaimed water system. Master Plans have been completed for all of the systems in Public Utilities and the capital improvements program has been revised to meet future infrastructure needs. The last rate change, Ordinance 7913-08, was approved on June 19, 2008 and provided for 7% increases effective October 1, 2008 and October 1, 2009 with subsequent 6% increases to be effective October 1, 2010, October 1, 2011, and October 1, 2012. Council 2011-05-19 15 Burton and Associates has completed a water, wastewater, and reclaimed water utility rate study to cover five years of operations. The current study covers the period Fiscal Year 2012 through Fiscal Year 2016 and recommends decreasing the previously approved 6% increases to be effective October 1, 2011 and October 1, 2012 to 4.5%, with subsequent 4.5% increases to be effective October 1, 2013, October 1, 2014, and October 1, 2015. The increases are applicable to domestic water, lawn water, wastewater and reclaimed water. The new reclaimed water rates are significantly lower than potable lawn meter rates. This should provide a financial incentive for customers to use reclaimed water for irrigation, create more satisfaction throughout reclaimed water neighborhoods, and encourage neighborhood-initiated projects and more infill participation. Increased utilization will result in less effluent disposal into the bay and provide for potential local aquifer recharge. The availability fee will be reduced in Fiscal Year 2012 from $19.58 to $11.18 per month and the usage rate will be raised from $.62 to $.93 per thousand gallons. These rate changes should have no impact on projected overall reclaimed water revenues. Anticipated usage of project funding with operating revenues and project restructuring to eliminate the need for a 2012 revenue bond issue is the primary driver for requesting the reduced rate increases for Fiscal Year 2012 and Fiscal Year 2013 and the 4.5% increase for the subsequent three fiscal years. Bond insurers and rating agencies prefer to have several years of approved rates providing the revenues to meet the utility's operating and project needs as well as debt service requirements. Three individuals spoke in opposition and one individual expressed concern with rate of increase. Councilmember Paul Gibson moved to authorize decreasing the monthly reclaimed water availability fee from $19.58 to $11.18 and increasing the reclaimed water usage fee per 1,000 gallons from $0.62 to $0.93 effective October 1, 2011; increasing domestic, lawn water, and wastewater collection utility rates by 4.5% effective October 1, 2011; and increasing domestic, lawn water, wastewater collection and reclaimed water utility rates by 4.5% effective every October 1 in 2012 through 2015. The motion was duly seconded and carried unanimously. Council 2011-05-19 16 Ordinance 8266-11 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8266-11 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.3 Approve Lease (520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2016, authorize the appropriate officials to execute same and Adopt Resolution 11-04. The 5-year lease renewal document prepared by the State for use of submerged land under Pier 60 terminated April 1, 2011. The lease premises underlay the Pier 60 footprint on Clearwater Beach and include 14,450 sq. ft., more or less, of state bottomlands. On January 18, 2011, the Marine and Aviation Department provided timely notice to the Department of Environmental Properties (DEP), Bureau of Public Land Administration of the City's interest in renewing the subject lease for another five years. The renewal is processed after a site inspection and the new rates come out annually in March. The lease remains substantially unchanged except for the annual Consumer Price Index increases. The city paid an annual lease fee for 2011/2012 of $4,526.40 on April 5, 2011, from the Pier 60 operating budget. DEP bases this fee on a rate chart category of two times the aquatic preserve with natural shoreline. The charge was .31324 times the 14,450 sq. ft. of bottomland. The cost of renewing the lease instrument for five years is $581.00. In January 1, 2006, DEP implemented a new rule whereby all revenue taken in annually from April through March for fish admission, general admission, and fish passes must be reported. This amount is multiplied by 6% and the annual lease fee is subtracted from it. Any balance remaining is payment required back to DEP. The income made on admission and fish passes from April 2010 through March 2011 was $208,605.01. This amount times 6% is $12,516.30. Because this is more than the 2010/2011 base fee of $4,429.82, the city will pay DEP an additional $8,086.48 from the Pier operating fund. Council 2011-05-19 17 Vice Mayor George N. Cretekos moved to approve Lease (520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2016 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 11-04 was presented and read by title only. Councilmember Paul Gibson moved to adopt Resolution 11-04. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.4 Approve the Third Amended and Restated Interlocal Agreement of Florida Gas Utility, authorize the appropriate officials to execute same and adopt Resolution 11-13. On March 25, 2011, the Florida Gas Utility (FGU) Board of Directors unanimously approved revisions to the FGU By-Laws and approved the Third Amended and Restated Interlocal Agreement. FGU has had the same governance structure since the early 1990's. However, changes to the FGU organization, along with additional member services provided has made it quite difficult in getting quorums for meetings. In light of budget reductions for travel and recognizing the busy schedules of the FGU members, it was recommended by the FGU Governance Committee that changes to the voting structure, and changes that would mitigate the burden of serving on the Executive Committee would enable FGU to schedule meetings more easily. Below is a summary of the changes: Creation of a Director Representative which will allow Member Systems to remove and replace its Director Representative at-will, to designate an Alternate Director Representative when the primary Director Representative is unable to attend meetings. Power of Executive Committee to adopt or modify procedures, accept the annual audit, take other action not inconsistent with actions taken by the Board and clarify the Board has the right to revoke action of the Executive Committee as long as no contract rights are violated. Weighted voting of each Member (Director Representative): Each Member receives one (1) vote Council 2011-05-19 18 Percentage of total pipeline capacity held by FGU for its Member (1-10 votes) Percentage of total throughput for each Member (1-10 votes) Affirmative vote of 70% (based on weightings) is required to take action Permit Director Representative to attend by telephone or electronic means, only to the extent permitted by law. The Executive Committee (EC) composition remains the same; however, FGU Board will select three (3) or more alternate EC members. Alternates will fill vacancies at any EC meeting. EC is given authority to approve and authorize the execution of contracts. Powers and duties of the FGU General Manager - The GM will manage business and affairs of FGU under the general direction of the Executive Committee. FGU is a not or profit joint action agency made up of 25 Florida Cities, including Clearwater. Clearwater has been a member of FGU since October 2000 and currently has an All Requirements Agreement with FGU that was executed on February 15, 2002. Councilmember Bill Jonson moved to approve the Third Amended and Restated Interlocal Agreement of Florida Gas Utility, authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 11-13 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 11-13. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.5 Approve a Utility Work By Highway Contractor Agreement with the State of Florida’s Department of Transportation to install natural gas mains during improvement project, FPN: 409155-1-56-01/Pinellas County, SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, at an estimated cost of $260,440.50, adopt Resolution 11-14, and authorize the appropriate officials to execute same. Council 2011-05-19 19 The Florida Department of Transportation (FDOT) has a project to widen/improve SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, including roadway, sidewalk, signalization, drainage and other improvements. Staff proposes to install approximately 7,400 feet of gas main, which will replace 95% of our existing facilities due to construction conflicts. Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida's Department of Transportation general contractor will perform the relocation/replacement of our existing natural gas mains. Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Funding for this agreement is available in capital project 315-96377 - Pinellas New Mains and Service Lines. Vice Mayor George N. Cretekos moved to approve a Utility Work By Highway Contractor Agreement with the State of Florida’s Department of Transportation to install natural gas mains during improvement project, FPN: 409155-1-56-01/Pinellas County, SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, at an estimated cost of $260,440.50. The motion was duly seconded and carried unanimously. Resolution 11-14 was presented and read by title only. Councilmember Paul Gibson moved to adopt Resolution 11-14. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 11.6 CONTINUE TO A DATE UNCERTAIN - Award a contract (purchase order) to Gregory Electric Co. Inc., Florida, to construct a reclaimed water system in Clearwater Harbor and decommission Lift Station 21 in the amount of $1,882,577.11, which is the lowest responsible bid received in accordance with plans and specifications; approve a work order to Engineer of Record, McKim and Creed Engineering Associates, Inc. in the amount of $123,470.00 to provide Construction, Engineering and Inspection (CEI) services and authorize the appropriate officials to execute same. Council 2011-05-19 20 The project scope includes installing approximately 20,000 linear feet (LF) of various sized reclaimed mains by horizontal directional drill and 6000 LF by open cut to provide reclaimed water to 450 reclaimed water services within the Clearwater Harbor neighborhood. Due to the location of a proposed reclaimed line being the same as a new gravity sewer line, the Lift Station (LS) 21 Decommissioning project is combined with the reclaimed project. The LS Decommissioning scope includes construction of 750 LF of gravity sewer main and four new manholes along Harbor Drive and removal of the existing LS 21 along with 715 LF of gravity pipe. Gregory Electric is the low bidder by approximately $200,000 and is 11% less than the final Engineer's estimate. The City received six bids for the project ranging from $1.88 to $2.34 million with the average being $2.17 million. McKim and Creed was the design consultant for this project and will provide CEI services upon approval of the work order. McKim and Creed has reviewed Gregory Electric's bid and has provided a recommendation of award. The construction phase is anticipated to take 10 months and is scheduled for completion by April 31, 2012. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. The design, construction and CEI of Clearwater Harbor Reclaimed Water project is funded by Southwest Florida Water Management District (SWFWMD) up to 50% for a maximum amount not to exceed $1,102,025 as approved by City Council May 6, 2010.Sufficient budget and funding is available in the following projects: 2009 Water and Sewer Revenue Bond proceeds in 0376-96739, Reclaimed Water Distribution System, in the amount of $652,177.39, 0376- 96665, Sanitary Sewer R & R in the amount of $177,285.90, and Utility R & R revenue in 0327-96665, Sanitary Sewer R & R in the amount of $274,648.89, and 0327-96739, Reclaimed Water Distribution System in the amount of $10,728.27 for a total of $1,114,840.45 for these contracts. A mid-year amendment will increase budget only in Capital Improvement Program project 0315-96739, Reclaimed Water Distribution System of Other Governmental Revenues (337900) for SWFWMD's share of the project in the amount of $891,206.66 to provide total funding in the amount of 2,006,047.11 to fund the construction and CEI. Councilmember Bill Jonson moved to continue Item 11.6. The motion was duly seconded and carried unanimously. 11.7 Ratify and confirm the City Managers approval to increase Purchase Order ST107086 with Wannemacher Jensen Architects, Inc from $95,243 to $112,193 for additional work needed to complete the design for the North Greenwood Council 2011-05-19 21 Recreation Aquatics Center and Library Renovations. Wannemacher Jensen Architects, Inc. (WJA) was hired by the City to do all architectural work related to the renovations and expansion of the North Greenwood Recreation Aquatics Center and Library. They were requested to fast track the design so that construction would begin this summer and be completed prior to closing the Martin Luther King Jr. Recreation Center. Due to several heavy rains at the Center over the past several months, the entrance to the center was flooded and the water entered the building. In order to correct this situation and be able to provide an improved entrance and drop-off area, staff requested that WJA provide a design to correct the drainage issues as well as provide for a covered walkway to the parking lot. Additional funding was needed for mechanical engineering and design work for enhancements to the library computer lab. The covered walkway will provide for better access to the building during inclement weather for all patrons but most notably for senior adults and children who need to be dropped-off. In order to continue with the design and be able to meet the design and construction schedule the City Manager approved staff's recommendation to increase the contract for WJA from $95,243 to $112,193. Funds are available in CIP 315-93621, North Greenwood Recreation Center Renovation. Staff is recommending that the Council ratify and confirm this decision. Councilmember John Doran moved to Ratify and confirm the City Manager's approval to increase Purchase Order ST107086 with Wannemacher Jensen Architects, Inc from $95,243 to $112,193 for additional work needed to complete the design for the North Greenwood Recreation Aquatics Center and Library Renovations. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 12. City Manager Verbal Reports - None. 13. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 14. Adjourn The meeting was adjourned at 10:13 p.m. Council 2011-05-19 22 J-- - - ? ? // / / aA ,-? Mayor Attest City of Clearwater City Clerk p - Council 2011-05-19 23