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12/06/2012 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 6, 2012 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II – City Manager, Jill 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 George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Mayor George N. Cretekos 3. Pledge of Allegiance – Vice Mayor Paul Gibson 4. Presentations – Given. 4.1 Turkey Trot Presentation - Skip Rogers, Race Director. Mr. Rogers thanked the City for its continued support, reviewed event highlights and presented the City with a commemorative plaque. 4.2 Annual Utilities We Care Fund Appeal - John Scott, Customer Service Residents were encouraged to donate to the fund, which is used to assist paying utility bills for people experiencing temporary financial difficulties. 5. Approval of Minutes 5.1 Approve the minutes of the November 15, 2012 City Council Meeting as Council 2012-12-06 1 submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the November 15, 2012 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 – None. rd Rabbi Shmuly Reich invited all to attend the 3 Annual Chanukah Menorah Lighting on Sunday, December 9, 1:00 p.m. at City Hall. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8365-12 on second reading, annexing certain real property whose post office address is 1990 Sunset Point Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8365-12 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8365-12 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.2 Adopt Ordinance 8366-12 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 1990 Sunset Point Road, upon annexation into the City of Clearwater, as Commercial General (CG). Ordinance 8366-12 was presented and read by title only. The City Attorney said that Exhibit B was amended to correct the boundary line of the annexed property to exclude a small portion of the right of way; a motion to amend on second reading is required. Councilmember Bill Jonson moved to amend Ordinance 8366-12, Exhibit B, to correct boundary line of the annexed property to exclude a small portion of right of way. The motion was duly seconded and carried unanimously. Council 2012-12-06 2 Vice Mayor Paul Gibson moved to adopt Ordinance 8366-12 on second and final reading, as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.3 Adopt Ordinance 8367-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1990 Sunset Point Road, upon annexation into the City of Clearwater, as Commercial (C). Ordinance 8367-12 was presented and read by title only. The City Attorney said that Exhibit B was amended to correct the boundary line of the annexed property to exclude a small portion of the right of way; a motion to amend on second reading is required. Councilmember Bill Jonson moved to amend Ordinance 8367-12, Exhibit B, to correct boundary line of the annexed property to exclude a small portion of right of way. The motion was duly seconded and carried unanimously. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8367-12 on second and final reading, as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8. Consent Agenda – Approved as submitted. 8.1 Award a contract (purchase order) for the extension of the runway at Clearwater Airpark (Project 12-0006-AP) to Ajax Paving Industries of Florida, of the City of Nokomis, County of Sarasota and State of Florida, for the sum of $1,697,205.95 which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) 8.2 Approve a three-year Agreement between ExtremeTix, Inc. (ET) and the City of Council 2012-12-06 3 Clearwater (City) to provide ticketing solutions for City Special Events comprising of advanced internet ticket sales, box office sales, telephone sales, bulk ticket printing, support services, and ticket validation components and authorize the appropriate officials to execute same. (consent) 8.3 Award a contract to Pine Lake Nursery and Landscape of Lutz, Florida, Bid 11- 0048-PR (A) to provide Phase II landscape improvements for State Road 60 medians from Skyview Avenue to Edenville Avenue for a cost of $103,799.65; approve the transfer of $19,681 from 010-01876-550400-572-000 (Project Team General Operating Fund) to CIP 315-93626 (FDOT Median and ROW Enhancement) project at first quarter and authorize the appropriate officials to execute same. (consent) 8.4 Approve the Voluntary Cooperation Mutual Aid Agreement between the Florida Department of Law Enforcement (FDLE) and the City of Clearwater Police Department, pertaining to the Tampa Bay Regional Child Abduction Response Team (CART), commencing January 1, 2013 through December 31, 2016, and authorize the appropriate officials to execute same. (consent) 8.5 Award a Contract (Purchase Order) for $373,964.00 to Stingray Chevrolet of Plant City, FL for 13 Chevrolet Caprice Police Cars, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement; authorize the purchase of 6 vehicles under Penny for Pinellas III proceeds; authorize the purchase of one vehicle from Project 181-99350 and authorize the appropriate officials to execute same. (consent) 8.6 Award a Contract (Purchase Order) for $214,165.00 to Alan Jay Automotive Network of Sebring, FL for seven (7) Chevrolet Tahoe, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) 8.7 Award a Contract (Purchase Order) for $142,440.00 to Alan Jay Automotive Network of Sebring, FL for four 2013 Chevrolet Tahoe, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) 8.8 Award a contract to Southeast Drilling Services, Inc. of Tampa, Florida for the construction of the Reservoir 2 Brackish Wellfield Expansion Project in the amount of $1,576,481.50, which is the lowest responsible bid in accordance with plans and specifications; and authorize the appropriate officials to execute same. (consent) Council 2012-12-06 4 8.9 Award a contract (purchase order) to Brandes Design Build, Inc. of Clearwater, in the amount of $8,121,739.69 for construction of the Reverse Osmosis Plant 1 Expansion Part 2 Plant Expansion (09-0018-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; approve Work Order in the amount of $969,790 to Camp Dresser McKee and Smith, Inc., (CDM Smith) an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services; and authorize the appropriate officials to execute same. (consent) 8.10 Approve the conveyance of an Underground Distribution Easement to Florida Power Corporation (FPC), doing business as Progress Energy Florida, Inc., granting appropriate authority to FPC for its continued operation and maintenance of facilities located within a former City right-of-way; and authorize the appropriate officials to execute same. (consent) 8.11 Approve a Supplemental Work Order in the amount of $50,000, to an existing Work Order of $271,690, approved by Council on October 22, 2009, bringing the total budget to $321,690, to Cardno TBE, an Engineer-of-Record for the City of Clearwater, to provide additional Construction Engineering and Inspection (CEI) services for the relocation of the City’s water, sewer and reclaimed water facilities that are in conflict with the reconstruction of US 19 from Whitney Road to north of Gulf to Bay Blvd, (SR 60);and authorize the appropriate officials to execute same. (consent) 8.12 Authorize the City Attorney to hire Thompson, Sizemore and Gonzales to represent the City in the matter of Dwayne Chris Vaughan and Michael Faulkner v. City of Clearwater in the initial estimated amount of $100,000. (consent) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 9. Other Items on City Manager Reports 9.1 Approve the US 19 Corridor Redevelopment Plan and adopt Resolution 12-18. Council 2012-12-06 5 The US 19 Corridor Redevelopment Plan is a guiding document that summarizes the current context of the corridor and sets forth an implementable vision to strengthen the identity, design, mobility, and competitiveness of the corridor in the region. The strategies identified in the Plan fall primarily under the purview of the City but also state the need for coordination with area businesses and various governmental entities. The project was funded through the Department of Energy’s Energy Efficiency and Conservation Block Grant program, and builds upon goals and strategies contained in the Clearwater Greenprint, which was approved by Council on December 14, 2011. With assistance from a consultant team led by HDR, the Planning and Development Department worked with corridor stakeholders to define land use and development strategies to leverage the corridor’s unique locational advantages, capitalize on market opportunities, and maximize benefits of planned transit and transportation improvements. Public outreach activities included: Stakeholder Listening Sessions and Focus Groups: In February and March 2012, five group listening sessions (organized by general types of stakeholders) and five individual listening sessions (organized for targeted outreach to specific individuals or small groups) were held to hear insights on the assets, issues and opportunities along the corridor. Four additional focus groups were held to receive feedback on the preliminary framework plan and strategies in August 2012. City Council: The project team presented at three City Council work sessions to receive guidance on preliminary and recommended framework plan and strategies. Public Open House Events: Two open house events were held in May 2012 and August 2012 to preview the framework plan, engage the public, and to prioritize refined strategies; and Public Outreach Campaign: In March, May, July and August 2012, staff spoke about the project at the Clearwater Regional Chamber of Commerce Government Affairs Committee and three Metropolitan Planning Organization (MPO) committee meetings, keeping community members and representatives of other municipalities updated on the progress of the plan. Online Forum: From March to September 2012, an emerging public outreach tool, MindMixer, was used as an online discussion board for the Plan providing an additional outlet for public engagement. To provide context for the Plan, both a market analysis and a land use and mobility assessment were conducted. The market analysis was performed by RCLCO, a national real estate advisory firm, and outlined the conditions and Council 2012-12-06 6 trends influencing the corridor’s market position in the City and Tampa Bay Region. The land use and mobility assessment was performed by HDR and provided background information regarding conditions along the corridor including land use and development, parks, trails and open space, form and character, planning and development context and mobility. A framework plan was developed that divides the corridor into three types of revitalization areas Regional Centers, Neighborhood Centers and In-Between Areas and offers general guidance on the appropriate intensity, form and character of development for each type. The framework plan, included within the overall plan document, includes five concept studies of specific sites to demonstrate the development potential using the guidance contained in the framework plan. The US 19 Corridor Redevelopment Plan recommended strategies serve as the starting point for future implementation steps along the corridor. While some of the strategies will require policy changes to City documents, including the Comprehensive Plan and the Community Development Code, others call for increased participation from private enterprise, increased coordination and promotion of transit improvements and the introduction of green technology along the corridor. The recommended strategies are organized into four topic areas: revitalization and redevelopment, competitiveness, mobility and connectivity, and sustainability, as generally described below. 1. Revitalization and Redevelopment (Plan pages 61-72): The strategies focus on the long-term retrofit and redevelopment of sites at the corridor’s Regional and Neighborhood Centers and the ongoing transformation and improvement of the In-Between Areas. The strategies set the stage to allow higher development intensities and densities with corresponding design standards. Strategies include: Plan for land use intensification; Apply a new zoning overlay district; Draft new design standards; Encourage employment-intensive and transit-supportive land uses; and Initiate a property improvement program. Council 2012-12-06 7 2. Competitiveness (Plan pages 72-75): The strategies are designed to accelerate the pace of improvement along the corridor by aligning actions and programs affecting the corridor’s competitive position. Strategies include: Expand development incentives; Facilitate review processes; Create a corridor improvement organization; Install wayfinding signs; Strengthen brand identity; and Enhance gateways and streetscapes. 3. Mobility and Connectivity (Plan pages 76-82): The strategies center on making it easier to travel from place to place by various modes of transportation, which contributes to a more livable and competitive corridor. Strategies include: Create interconnected street networks; Improve conditions for pedestrians and cyclists; Advocate for enhanced transit service; and Plan for circulator service. 4. Sustainability (Plan pages 83-87): The strategies presented are a logical continuation of those presented as part of the Clearwater Greenprint, which calls for the promotion of more sustainable practices in the design of public and private spaces and achieving more energy and resource efficient kinds of development. Strategies include: Green streets program and initiatives; Low impact development for sites and buildings; and Council 2012-12-06 8 Energy and water efficiency. The US 19 Corridor Redevelopment Plan also includes Appendix A, which contains a series of maps developed for the land use and mobility assessment portion of the plan. Appendix B presents case studies of several mixed-use developments and green redevelopment projects. Appendix C contains additional information on all engagement and outreach activities. HDR Consultant Steve Shucraft presented a PowerPoint presentation. In response to questions, Mr. Shucraft said the plan anticipates future changes in development trends. Westfield Countryside Mall is a dynamic type of development that can change over time; the mall can introduce parking structures in order to build out current parking areas and add additional uses to the site. It is ideal to have parallel access routes along the US Highway 19 corridor so short local trips will not require entering US Highway 19. One individual spoke in support and suggested that staff be directed to implement the plan as soon as possible. Councilmember Jay Polglaze moved to approve the US 19 Corridor Redevelopment Plan. The motion was duly seconded and carried unanimously. Resolution 12-18 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 12-18. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 9.2 Amend Article VII, Solid Waste Management, Section 32.2715 definitions; Sections 32.272(4) and 32.288 repealing City of Clearwater Exclusivity in collection of construction and demolition debris or putrescible waste from commercial or industrial establishments; Section 32.274 making the inappropriate disposal of E-waste unlawful; Section 32.275 clarifying that it is the responsibility of a party generating prohibited materials to dispose of such waste legally; Section 32.277 modifying penalties for private haulers failing to adhere to the rules of the permit program; Section 32.280 advising that the City may collect Council 2012-12-06 9 E-waste only after the property owner has scheduled a pick-up and providing the City the ability to issue stop work orders for construction projects using unpermitted private haulers; Section 32.284 providing dimension specifications for enclosures; Section 32.290 clarifying that all permit documentation is due the 20th day of the following month or the next business day, if such day falls on a weekend or City holiday; Section 32.293(4) advising permitees appealing a revocation or denial of a private hauling permit of the administrative fee associated with such appeal; Clarifying language in Appendix A schedule of fees, rates and charges and providing an effective date and pass Ordinance 8315-12 on first reading. Section 32.2715 Definitions - added: (3) Commercial Waste means solid waste generated by a commercial establishment exclusive of hazardous or bio- hazardous waste,(6) added: Construction and Demolition (c&d) debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not, limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and includes, rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Except as provided in F.S. 403.707(9)(i), yard trash and unpainted, non-treated wood scraps and wood pallets from sources other than construction or demolition projects; (c) Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and (d) Deminimis amounts of other hazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.(11) added: Because these items potentially carry hazardous materials, such as mercury or lead, E- waste needs to be transported, handled, and either disposed of or recycled with special care.(13) added: Industrial waste means solid waste generated by an industrial establishment, exclusive of hazardous or biohazardous waste.(16) added: industrial(22) added: receptacle (25) changed: 40 to forty(26) added: a waste receptacle in exchange for payment or consideration, added: collecting, transporting, processing, or receiving contents, added: such added: regardless of Council 2012-12-06 10 whether the contents of such waste receptacle are disposed of in the waste stream or are recycled.(34) added: and demolition Section 32.272(4) added: and demolition added: special waste, or yard waste, added: such containers so long as the private collector remains in good standing pursuant to the City's permit program as described in this Chapter. All putrescible waste shall be hauled or collected in an enclosed container. Any deviation from this section requires the written approval of the solid waste/general services director or designee.(9) added - and demolition32.274 (8) added: Disposal of E- waste by either placing curbside for solid waste personnel collection or in either waste or recycling receptacles shall be unlawful and subject to federal, state, and/or local penalty if any person or entity disposing of E-waste within the City of Clearwater has failed to first coordinate its removal in an environmentally safe and appropriate manner. (9) added: and demolition32.275 (3) added “paint”; added: It shall be the responsibility of the party generating the prohibited material waste to legally remove and properly dispose of said waste.32.277 (5) added: residential refuse and/or recycling. added: after written notice and added: sole (8) added: be assessed a fifteen added: interest charge added: unpaid after the 20th day of the following month that the remittance was due. if the 20th day is a Saturday, Sunday or city holiday, the monthly fee shall be due on the next business day. added: $25.00 administrative fee each business day. (9) added: A roll-off container and/or waste receptacle permittee's failure to fax or email the monthly list of new waste receptacles set within the Clearwater city limits to Solid Waste/General Services Administrative staff by the 5th business day of the following month shall result in the assessment of a $25.00 administrative fee each business day the permittee fails to provide the listing and possible revocation of the permit.(10) added: If an audit discloses that a roll-off container and/or waste receptacle permittee has underpaid the remittance as required by this division by more than five percent of the required total, then in addition to a remittance in the amount of the underpayment, the permitee shall pay the cost of the audit and fifteen percent interest on the amount of the underpayment. (11) added: If a roll- off container and/or waste receptacle permittee fails to provide documentation requested for an audit by the date specified in the written request for such documentation the City shall assess a $25.00 administrative fee each business day the permittee is delinquent in remitting the documentation and shall begin the permit revocation process.32.280 (h) added: E-waste. E-waste shall be collected by the City only after the property owner has scheduled a pick-up with Solid Waste Department personnel. (i) added: None of the above may be placed for collection more than 24 hours in advance of a scheduled pick-up. (3) Storing of solid waste (f) added: The City's Building Department may issue a Stop Work Order to a construction site that utilizes a roll-off container and/or waste receptacle hauler that has failed to register with the City of Clearwater.32.284 (6) added: and maintained added: pursuant to section 3-2-1.D of the Clearwater Community Development Code and City Engineering Index 701. (7) changed. haulers32.288 added: hauling, added: and demolition added: industrial, added: Council 2012-12-06 11 or industrial added: hauling added: and demolition added: or industrial 32.290 Prerequisites to issuance. (b) Changed 15 to fifteen, added: (also known as a permit fee). added: the 20th. added: If the 20th day occurs on a Saturday, Sunday or City holiday, the report, remittance, and invoice copies shall be due the next business day: 32.293(3) added: A permitee that avails itself of its right to appeal a termination or denial to the City Manager, and if necessary, the City Council understands that it must pay the appropriate administrative fee associated with such appeal. Section 11. That Appendix A, XXV Public Works-Fees, Rates and Charges (32.068) be amended by adding the underlined language and deleting the stricken language as follows: (3) Rates: (c) Solid Waste collection rates. a. Single family and multiple family dwellings. 5. added: beginning January 1st of each calendar year, changed: provided 6. Added: Only city-owned, added: utilized by commercial or industrial customers, added: complimentary added: calendar. (5) Other Miscellaneous charges: (b) Solid Waste roll-off or waste receptacle service: 3. (a) added: may (b) added: $400.00 changed: approval added: or designee. One individual requested that the ordinance be amended to include industrial. In response to a question, Solid Waste/General Services Director Earl Gloster said industrial should have been included. Councilmember Doreen Hock-DiPolito moved to amend Article VII, Solid Waste Management, Section 32.2715 definitions; Sections 32.272(4) and 32.288 repealing City of Clearwater Exclusivity in collection of construction and demolition debris or putrescible waste from commercial or industrial establishments; Section 32.274 making the inappropriate disposal of E-waste unlawful; Section 32.275 clarifying that it is the responsibility of a party generating prohibited materials to dispose of such waste legally; Section 32.277 modifying penalties for private haulers failing to adhere to the rules of the permit program; Section 32.280 advising that the City may collect E-waste only after the property owner has scheduled a pick-up and providing the City the ability to issue stop work orders for construction projects using unpermitted private haulers; Section 32.284 providing dimension specifications for enclosures; Section 32.290 clarifying that all permit documentation is due the 20th day of the following month or the next business day, if such day falls on a weekend or City holiday; Section 32.293(4) advising permitees appealing a revocation or denial of a private hauling permit of the administrative fee associated with such appeal; Clarifying language in Appendix A schedule of fees, rates and charges and providing an effective date. The motion was duly seconded and carried unanimously. Council 2012-12-06 12 Ordinance 8315-12 was presented and read by title only. Councilmember Jay Polglaze moved to amend Section 32.288 to read as follows: "...However, a sole proprietor or corporate entity placing or servicing a roll-off container or waste receptacle for the purpose of collecting, removing, hauling or disposing of construction and demolition debris, whether commercial, industrial or residential in nature..." The motion was duly seconded and carried unanimously. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8315-12 on first reading, as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Miscellaneous Reports and Items 10. City Manager Verbal Reports — None. 11. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 12. Adjourn The meeting was adjourned at 6:58 p.m. ccor(,Cref(cos Mayor Attest City of Clearwater City Clerk lg.)� _ / f ;C7 ��W Qi Council 2012-12-06 13