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04/18/2005CITY COUNCIL WORKSESSION CITY OF CLEARWATER April 18, 2005 Present: Frank Hibbard Mayor William C. Jonson Vice-Mayor Hoyt P. Hamilton Councilmember Carlen Petersen Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations: Service Awards Four service awards were presented to City employees. The Employee of the Month award was presented to Television Production Supervisor Shawn Stafford. Governor's Mentoring Award of Excellence Construction Manager Perry Lopez was presented the Governor’s Mentoring Award of Excellence. PPC Wireless Facility Study - Linda Fisher, PPC Linda Fisher, PPC (Pinellas Planning Council), presented the results of the Countywide Wireless Facilities Study including a model ordinance, model lease for local government property, and enhanced facilities tracking system. In response to a question, Ms. Fisher said communities can decide on issues related to antennas tower locations, mountings, etc. The Mayor complimented the PPC’s efforts. Comprehensive Annual Financial Report (CAFR) - Grant Thornton John Handgardner, Grant Thornton, reviewed the City’s 2004 CAFR and his firm’s required communication regarding the audit. The audit found no internal control deficiencies, no material weaknesses and no major adjustments that were necessary. He said all cities are under extreme scrutiny. He noted one department did not follow city procedures when dealing with contractors and the City’s response and solution were acceptable. In response to a question, he said he is comfortable with the current process. Finance Director Margie Simmons said staff is on top of issues of concern related to infrastructure reporting and retiree health insurance. Mr. Handgardner said many cities are adopting commercial accounting practices. He recommended no changes to Clearwater’s management methodology. GFOA Certificate of Achievement for Excellence in Financial Reporting - Margie Simmons Finance Director Margie Simmons said this is the 25th year the City of Clearwater has received the GFOA award. She thanked departmental employees and the firm of Grant Thornton. The meeting recessed from 9:39 to 10:35 a.m. to meet as the CRA (Community Redevelopment Agency) and the Pension Trustees. Purchasing Gasoline and diesel fuel for motorized equipment during the contract period April 22, 2005 through April 30, 2007 at a cost not to exceed $4,400,000 - McMullen Oil Company. In response to a question, it was indicated competition is based on delivery fee and reliability. Customer Service Approve Agreement with The Salvation Army to administer City of Clearwater Utilities We Care Fund program providing temporary emergency payment of past due City of Clearwater utility bills for eligible customers of the City Utilities System and authorize the appropriate officials to execute same. The City of Clearwater Utilities We Care Fund was established in December 1991 to assist individuals and families that experience a temporary financial emergency due to illness, loss of job or other similar circumstance that presents a hardship in paying their City of Clearwater utility bill. From January 1, 1992 to September 30, 2004 the City had an Agreement with CSF (Community Service Foundation) to administer the We Care Fund. During that time approximately $120,000 in financial assistance was provided to some 2,500 clients. Effective October 1, 2004, CSF advised the City that it no longer desired to administer the We Care Fund. The Salvation Army has agreed to partner with the City of Clearwater and administer the City of Clearwater Utilities We Care Fund to help households facing temporary financial hardship pay delinquent City of Clearwater utility bills. This agreement provides that administrative charges in an amount not to exceed 10% of the monetary amount of each voucher of assistance to qualified recipients may be charged by the Agency to the Fund. Such administrative charges are to partially defray costs incurred by the Agency in processing the requests for assistance. Based upon previous agreement, such charges are not expected to exceed one thousand dollars per year. In response to a question, Assistant Director Customer Service John Scott said the Salvation Army only administers the funds. In order to qualify for funds, a hardship has to be shown and the agency determines if it is acceptable. Equity Services Senior Center Task Force - additional appointments. Director Equity Services Eleanor Breland said Reverend Freitag of Chapel by the Sea and Reverend Lancaster from Calvary Baptist Church are both interested in serving as the faith based representative on the Senior Center Task Force. Consensus was to place the appointments of Reverend Herb Freitag of Chapel by the Sea and Reverend Jim Lancaster from Calvary Baptist Church to the Senior Center Task Force on the Consent Agenda for Thursday night and for staff to continue to seek a healthcare representative to serve on the Task Force. Parks and Recreation Approve a five-year Lease Agreement from February 1, 2005 – January 31, 2010, with automatic five-year renewable options (5 options), between the City of Clearwater and Clearwater for Youth, a Florida Non-Profit Corporation for the use of certain portions of The Long Center to provide financial support to various City Co-sponsored youth groups and organizations; approve forgiving $12,000 of rent revenues from Clearwater For Youth and approve First Amendment to the Transfer Agreement dated August 27, 2003 between the City of Clearwater and the Pinellas Community Center and authorize the appropriate officials to execute same. Councilmember Hamilton declared a conflict of interest and recused himself from the discussion. The City Council approved an agreement between the PCCI (Pinellas Community Center Inc.) and the City for the management and maintenance of the Long Center on August 27, 2003. In essence this agreement transferred ownership and operation of the Long Center over to the City of Clearwater. According to this agreement under Article III Section 1b, all sponsoring agency use agreements between Clearwater for Youth, UPARC (Upper Pinellas Association for Retarded Citizens, Inc.) and City of Safety Harbor would technically be terminated. However, the agencies would be able to use the facility under the same terms and conditions until the City and the sponsoring agency had entered into new use agreements. The City of Safety Harbor has constructed new recreation facilities and chose not to continue their sponsoring agency status with the Long Center and thus a new agreement with the City of Safety Harbor is not necessary. A new agreement between the City and UPARC was approved by the City Council on October 7, 2004. This agreement will in essence update and replace the expired agreement between CFY (Clearwater for Youth) and PCCI. This agreement will allow for CFY to continue to use the Long Center as the base of their operations to provide financial support to various City Co-sponsored youth groups and organizations by providing participant scholarship support, matching grant support for state or national competition and matching grant support for facility improvements. This is a much broader mission than in the past as they were only able to give support to a limited number of youth organizations i.e. Jr. Tornado Football, Green Wave Basketball, etc. The new agreement does not include any rent payments from CFY as were required in the previous agreements with PCCI. Therefore, since this agreement will require that at a minimum CFY will donate $100,000 to local youth groups over a five year period, staff is recommending that the $12,000 of rent revenue from CFY be forgiven. Under this agreement CFY will have use of some office space, and be permitted to use the Long Center common facilities. The City will provide maintenance for all major capital components of the building, provide all custodial maintenance, pay for all utilities and provide some limited clerical support and use of support equipment. The amendment to the Transfer Agreement will provide consistency between the two agreements to include the administrative offices to be used by Clearwater For Youth. In the event the City terminates its agreement with Clearwater For Youth then the annual Foundation funding shall be terminated. In response to a question, Parks and Recreation Director Kevin Dunbar said CFY’s funding comes from a variety of sources, mostly fundraisers. Engineering Approve the applicant's request to vacate the northerly 10 feet of Dempsey Street more particularly described in Exhibit "A", (A.K.A. 721 Lakeview Road), subject to the retention of a drainage and utility easement over the southerly 3 feet of the right-of-way portion to be vacated, and pass Ordinance #7378-05 on first reading, (VAC 2004-16 City of Clearwater). This request for vacation is being made on behalf of the adjoining property owner operating a business known as the "Candy Factory". The property owner's building encroaches approximately 7 feet into the Dempsey Street right-of-way. Vacation of the 10 feet will resolve the building encroachment issue and also allow the property owner to install security measures to deter trespassing on his property. Progress Energy, Verizon and Knology have reviewed the request and have no objections provided that either a utility easement is provided to protect their facilities or that the property owner shall pay all reasonable costs associated with the relocation of their facilities. Progress Energy has a utility pole and overhead lines in the south 3 feet of the right-of-way portion proposed to be vacated; accordingly, the south 3 feet should be retained as a drainage and utility easement. The City presently has no utilities in the subject right-of-way portion. Public Works Administration has no objections to the vacation request provided that a drainage and utility easement is retained over the southerly 3 feet of the right-of-way to be vacated. In response to a question, Director of Engineering Mike Quillen said citizens who previously objected to the vacation were advised of the specifics of this request. He said this 10-foot vacation will not encroach on Fire Department needs. Award a contract to Appalachian Material Service, Inc. (APS), of Terra Ceia, Florida in the amount of $2,844,400 for Biosolids Services (04-0063-UT) (RFP #16-05), and that the appropriate officials be authorized to execute same. The City of Clearwater solicited proposals/bids (RFP) from qualified specialty service contractors to perform wastewater biosolids management services for the City’s three advanced pollution control facilities. Only one complete proposal was received and opened in the office of the Purchasing Manager on March 28, 2005. Three other contractors submitted packages stating no bid. The decision to obtain bids using RFP’s was made based on the necessity to review contractor’s qualifications and ability to properly dispose of the material in accordance with applicable laws and regulations. Specifically, the contractor will be required to remove and dispose of dewatered and stabilized (Class B) and/or dewatered and unstabilized domestic wastewater residuals (residuals) from the City’s Marshall Street and Northeast advanced pollution control facilities (APCF), and also haul liquid unstabilized residuals from the City’s East APCF and possibly Marshall Street APCF to the Northeast APCF. The term of the contract award shall be for 24 months from the date of execution of the agreement with an option for a one-year extension at the discretion of the City. The Contractor accepts full responsibility and liability for the hauling and disposal of residuals from the points of loading from the source facility, in accordance with Chapter 62-640, F.A.C. and shall be responsible to comply with existing Florida Department of Environmental Protection (FDEP) and United States Environmental Protection Agency (EPA) residuals treatment and disposal regulations and any changes made in these regulations during the contract period. The City’s current contract that covers the hauling and disposal of biosolids expires April 30th, 2005. Staff anticipated that the pricing for contracted hauling would increase due to regulatory constraints and escalations on fuel costs. The bid received is within the budgeted amount for these services. The costs are broken down as follows: 435 wet tons of Class ”B” sludge are produced at the NE plant each week that the contractor will haul and dispose of for $38.80 per wet ton totaling $16,878 each week; 200 wet tons of unstabilized sludge is produced at the Marshall Street facility each week that the contractor will haul and dispose of for $44.80 per wet ton totaling $8,960 each week; 84,000 gallons of liquid sludge needs to be hauled from the East Facility to the Northeast Facility each week at $0.018 per gallon, totaling $1,512.00 each week. The contract period is for two years, 52 weeks in year one of the contract requiring funding of $1,422,200.00 in fiscal year 2004/2005, and 52 weeks in year two of the contract requiring funding of $1,422,200.00 in fiscal year 2005/06 – total contract 104 weeks for a grand total of $2,844,400. This will be approximately $950,000 for the remainder of FY2005, $1,422,200 for FY2006 and $472,200 for FY2007. Sufficient funding is available in the PWA/Public Utilities/Water Pollution Control (0421-01351) operating budget for FY04/05, FY05/06 and FY06/07. In response to a question, Engineering Manager Lisa Murrin there were few bids due to stringent regulations and fuel, limited land availability, and rising fuel costs. Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven, so that aesthetic improvements can be made to a portion of SR 60 (Courtney Campbell Causeway) and adopt Resolution #05-12 authorizing execution of said Highway Landscape Maintenance Memorandum of Agreement. The City of Clearwater desires to improve and beautify the right-of-way area for S.R. 60 (Courtney Campbell Causeway) from the City limits, out on the causeway, west to Bay Street (One Block West of McMullen Booth Road/C.R.611). The State of Florida Department of Transportation, District Seven, has allocated funds for landscape improvements in conjunction with the construction or reconstruction of State Road 60 (Courtney Campbell Causeway), under FP #418868-1-54-01, and is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the City for eligible landscape expenditures. FDOT has estimated $150,000 for these landscape improvements. Upon installation of the landscape improvements, the City has agreed to maintain the same at its sole expense and in a reasonable manner. The revitalization and landscape enhancements of SR 60 (Courtney Campbell Causeway) will leave a positive impression on visitors and residents alike. The Department of Transportation requires a Memorandum of Agreement to allow landscaping within their right-of-way. Parks and Recreation Department anticipates a $5,000 increase in operating costs associated with the maintenance of this project. A midyear amendment will establish the Capital Improvement Program project 0315-922XX, Courtney Campbell Causeway (SR60) Landscape Improvements with a budget of $150,000.00 for cost reimbursement from the FDOT. In response to a question, Mr. Dunbar said the annual estimated maintenance costs were based on current contracts. Approve a work order supplement to Post, Buckley, Schuh & Jernigan, Inc. (PBSJ) in the amount of $124,027 for additional design services associated with the Beach Walk project; approve a new work order to PBSJ in the amount of $150,000 for a National Environmental Policy Act (NEPA) Compliance Study; and approve a Local Agency Program (LAP) Agreement with the Florida Department of Transportation in the amount of $150,000 to conduct the NEPA Compliance Study. The Council approved the original design work order for $500,000 in November 2002. The Council approved a design work order supplement for $384,999 in June 2004. This supplement covered additional expenses related to Coronado Drive alternatives and meetings with Coronado property owners; flood zone impacts; flood zone design alternatives; and existing finished floor surveys. Other minor work order supplements totaling $98,888 have been administratively approved. The work covered by this work order supplement includes: additional underground utility location and design based on information provided by the private utility companies and information gained from video-tape of City sanitary sewer lines; additional design work in the Pier 60 Park and parking lot area; inclusion of a bid alternate for work on Gulfview between the Adams Mark and Hamden Drive; and attendance at numerous meetings with Coronado Drive property owners and construction stakeholders. The total design amount is now $1,107,914, which equals 7.4% of the estimated construction cost of $15 M. The construction plans are currently in the 100% plan review stage and expected to be released for bidding in mid to late April, with an anticipated Council award of a construction contract in June. The construction duration remains at 42 months. Up to $1,141,184 in federal Housing & Urban Development grant funds have been appropriated for design of this project. Consequently, the entire design cost, including this work order supplement, is being reimbursed. NEPA compliance work order: $4.5 M in federal funds have been appropriated for construction of the project. These appropriations are administered through the Federal Highway Administration, consequently it is required that the City conduct a NEPA Compliance Study to evaluate environmental impacts of the project. This work order for $150,000 is to perform the study. The analysis is limited to the South Gulfview portion of the project and will include: social impacts; archaeological and historical sites; visual impacts and aesthetics; wetlands; water quality; floodplains; wildlife and habitat; coastal resources; air quality; and soil contamination. The study will be completed in six months. The LAP Agreement provides for the reimbursement of the $150,000 from the $4.5 M in appropriations. Sufficient budget and funding for both work orders are available in the Capital Improvement Program project 315-92267, Coronado/ S. Gulfview Streetscape. In response to a question, Public Works Administrator Mashid Arasteh said the NEPA study will not impact the construction schedule. Staff does not anticipate the environmental study will be extensive. FDOT’s concerns regarding parking were satisfied. Approve a contract with St. Petersburg College ("SPC") to purchase property situated in Section 7-29-16, commonly known as the Joe DiMaggio Gym located at 2450 Drew Street, for $1,950,000 plus estimated closing expenses of $50 for recording fees, for a total acquisition cost not to exceed $1,950,050, and authorize appropriate City officials to execute same and any additional instruments required to effect closing. In December 2000 St. Petersburg Junior College (now SPC) donated 32.32 ± acres of its Joe DiMaggio Sports Complex to the City for potential development of the new Phillies spring training facility. After exhaustive environmental testing, the former landfill property was conveyed by quitclaim deed and accepted by the City in "as is" condition. At that time SPC retained the approximately 5.42 acre portion of the complex improved with the gym, locker rooms and tennis courts in order to assess potential future uses. The City entered into a 4-year lease of the facility that expired September 30, 2004. SPC has concluded the remaining property is not a viable asset in its future years. In May 2002 Fogarty & Finch Appraisers performed an appraisal of the property and estimated its value at that time at $2,200,000 if free of environmental contamination. On May 18, 2004 James M. Millspaugh, MAI, performed an appraisal for the City and valued the site at $2,050,000 assuming no environmental damage. Initial records provided by SPC indicated the landfill debris was removed from beneath the site prior to constructing the existing structures. In September 2004 the City hired TBE Group, Inc. to conduct a limited subsurface investigation of portions of the site. Test results showed buried debris on the east property boundary as well as the far west side, between the tennis courts and Alligator Creek Channel H. These findings indicate that some landfill material still exists beneath this property. All methane-monitoring tests have indicated no elevated levels of methane within or around the existing buildings. Any future construction plans for the site will require that the City evaluate the need for permanent methane monitoring in any newly constructed buildings. Senior City management and SPC leadership mutually agreed to terms and conditions of the subject contract. Among its provisions, the property is being purchased in its present "as is" condition, not withstanding the property's environmental status. Closing and conveyance of title is to occur by May 31, 2005. A mid-year budget amendment will establish capital project 315-93130-560100-572-000-0000, Joe DiMaggio Property Purchase, in the amount of $1,950,050 for the purchase of property. Funding will be provided by the transfer of $1,226,066 of Recreation Land Impact Fees and $723,984 of Open Space Impact Fees from the Special Development Fund to the project at mid-year. Purchase of this property will not require any additional operating or maintenance costs until such time as determination of the future use of the property is made. Several options are being explored, however none of them should require an increase to City operating costs. A new Capital Improvement Project for $200,000 is being proposed in FY2005/06 budget requests for demolition and/or renovation purposes. In response to a question, Mr. Dunbar estimated costs for demolition will be approximately $200,000. Public Utilities Water Demand Management (WSO). Public Utilities Coordinator Glenn Daniel gave a power point presentation regarding Water Demand Management. He reviewed current conservation initiatives and water demand management goals. He said since 2000, the daily demand has been reduced due to public education, conservation, expansion of reclaimed water system and increased waterfall. He mentioned the reclaimed water projects that have been completed which included Island Estate, South and North Clearwater Beach, and Harbor Oaks and future projects through 2008. He said the City’s current initiatives are to increase local production. In response to a question, he said the rollout of reclaimed water depends upon funding. The City still plans to provide the County with water from the City’s Northeast plant which is part of the ASR project. In response to a question, Development Services Manager Bob Hall said the issue of the City following its watering schedule rather than the County’s has not been fully resolved. Currently, the City is following its ordinance regarding watering restrictions. He said there have been no recent discussions with the County regarding whether residents should follow City or County regulations. Mr. Daniel said the City is rehabbing their wells, but are having mechanical issues. Planning Approve the Petition for Annexation, Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office General (R/OG) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Office (O) District for 2723 S.R. 580 (Lot 5 Block 1 Acker’s Subdivision in Section 28-28-16); and Pass Ordinances #7404-05, #7405-05 & #7406-05 on first reading. (ANX2004-11019 and LUZ2004-11007) The subject property is located at 2723 S.R. 580, on the south side of S.R. 580 approximately 1,300 feet west of McMullen Booth Road. The annexation, future land use plan amendment and rezoning are requested by the applicant who intends to construct a two-story office building 2,428 square feet in area on this 0.16-acre vacant lot. This annexation will enable the applicant to receive City sewer and solid waste services. The property is contiguous with the existing City boundaries to the east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan, the Community Development Code and Pinellas County and Florida Law. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not result in an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no objections have been raised. The applicant is requesting to amend the Future Land Use Plan Map designation of the site from Residential Urban (RU) (County) to Residential/Office General (R/OG) (City) to enable the application to construct an office. Additionally, a zoning atlas amendment is requested to rezone the site from the County’s R-3, Single-Family Residential designation to the City’s Office (O) District. The Planning Department 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 future land use plan amendment and rezoning application are consistent with the Comprehensive Plan; the proposed use is compatible with the surrounding area; sufficient public facilities are available to serve the property; and 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 the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment site, review and approval by the Florida Department of Community Affairs is not required. The CDB (Community Development Board) reviewed these applications at its public hearing on March 15, 2005 and unanimously recommended approval of both applications. The CDB recommended approval contingent upon a land use plan amendment. Approve a text amendment to the Future Land Use Plan Element of the Clearwater Comprehensive Plan and Pass Ordinance #7388-05 on first reading. In 2004 the Planning Department conducted an in-depth review of a portion of the Old Florida District on Clearwater Beach. One conclusion of the study was to apply the Resort Facilities Overlay (RFO) Future Land Use Map category to this area in order to permit residential and overnight accommodation uses. This category is allowed by the Pinellas Planning Council Countywide Rules, however, it is not currently allowed by the Clearwater Comprehensive Plan. One of the three amendments proposed to the Future Land Use Element of the Comprehensive Plan is to add the RFO as a permitted Future Land Use Map classification. The other two amendments are editorial in nature. One amendment changes references to the 1995 Clearwater Redevelopment Plan to the newly adopted 2004 Plan. The other deletes two policies regarding the Mixed-Use zoning district which was repealed in 2000. The Planning Department has determined that the proposed amendment is consistent with other provisions of the Clearwater Comprehensive Plan, will further the City’s redevelopment goals, will not adversely impact the use of property in the immediate vicinity, will not adversely affect the natural environment or property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Because this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed this proposed amendment at its public hearing on March 15, 2005 and unanimously recommended approval. In response to a question, Ms. Clayton said the mixed use zoning district was deleted to allow more flexibility. Changes to the Courtney Campbell Causeway are included in the EAR (Evaluation and Appraisal Report). Ms. Clayton was complimented for her efforts. Official Records and Legislative Services Appoint a Voting and Alternate Delegate to the Barrier Islands Governmental Council (BIG-C). City Clerk Cyndie Goudeau reported that BIG-C (Barrier Island Governmental Council) has requested all cities appoint an alternate delegate. Councilmember Hamilton is Clearwater’s voting delegate. Consensus was to appoint Councilmember Hamilton as voting delegate and Councilmember Doran as alternate delegate to the Barrire Island Governmental Council (BIG-C). City Attorney Approve text amendments to the Community Development Code and pass Ordinance #7413-05 on first reading. Since the adoption of the Community Development Code, several appeal cases have been litigated under its provisions. Rulings by the Division of Administrative Hearings and the Pinellas County Circuit Court in these cases have suggested Code amendments in order to effectuate the intent of the Code as adopted by the City Council and interpreted by the City Attorney and the Code Administrator. Proposed Ordinance #7413-05 includes the following amendments: 1. Amendment to the Zoning District Regulations, Sections 2-103B.2., 2-104D.1., 2-203C.2., 2-204E.1., 2-304G.1., 2-404F.1., 2-504F.1., 2-704C.1., 2-803C.1., 2-903C.1., 2-1004B.1., 2-1204A.1., 2-1304C.1., 2-1404A.1., 2-1601E.1.c., 2-1602E.2.c., and 2-1602F.2.c. (Pages 1. through 9. of the proposed ordinance): amendments to the review and approval criteria for Residential Infill Projects and Comprehensive Infill Redevelopment Projects to clarify that the “impracticality” criterion applies where deviation is sought from one or more, as opposed to all, of the listed items. 2. Amendment to Section 3-913: amendment to the General Standards for Level One and Level Two approvals to clarify that applications shall meet each and every one of the six listed criteria. 3. Amendment to Section 4-404: to provide that the Community Development Board shall make findings of fact, that Level Two approvals shall not be considered or construed as special exceptions or variances, and that the burden of proof in a Level Two case shall be upon the applicant to demonstrate that all required criteria for approval are met. 4. Amendment to Section 4-505 concerning appeals before the Community Development Board: to delete the provision that certain appeals go on the Consent Agenda, and providing for a hearing for all appeals. Also clarifying that in order to grant an appeal, the Board must find that each and every one of the listed criteria are met. 5. Amendment to Section 4-505 regarding Hearing Officer appeals: to define what the record for such appeals shall be, to provide for motions to supplement the record, and to clarify that the burden is on the appellant to show that the Board’s decision cannot be sustained by competent substantial evidence. 6. Amendment to Section 6-109 regarding Termination of Status as a Nonconformity: to clarify that reconstruction of structures nonconforming as to density on the same parcel may occur provided Level Two approval is obtained and other requirements are met. In response to a question regarding Item #1, Assistant City Attorney Leslie Dougall-Sides said the court opined that current criteria would only apply if an applicant sought relief from deviation standards. The section regarding appeal options is not being changed. City Attorney Pam Akin said Item #6 is an amendment to nonconformity status and clarifies level two approval. Other City Attorney Items – None. City Manager Verbal Reports Fire Department - Overtime and Units out of Service Fire Department Chief Jamie Geer said the department has had long term absences and vacancies. He said staff is developing strategies to alleviate overtime. Council Discussion Items Temporary Use Permits Planning Director Michael Delk said staff is looking to establish a logical and reasonable separation requirement for transient businesses and to charge a reasonable and fair fee. Discussion ensued regarding whether temporary retail permits should apply only to seasonal businesses and what types of businesses qualify for temporary permits. Concern was expressed in transient businesses coming in and competing with established businesses in the community that pay fees, taxes, etc. Staff is to come back with proposals. Alternative to Financing and Building Parking Garage at Rockaway Discussion ensued regarding pursuing the Rockaway location and other alternatives as a site for a potential parking garage on Clearwater Beach. Due to escalating land costs, building on City-owned property was recommended. Discussion ensued regarding the Rockaway site accommodating the Fire Station, a permanent Beach Library, a parking garage and possibly ground level retail to cash flow the garage. An opinion was expressed this site may not be right for the Fire Station. It was noted the citizens have expressed an interest in having a parking garage on this site because it is close to the beach. Related costs as well as the feasibility of relocating the Fire Station and Library were requested. Concern was expressed in removing any more green space on the beach. An alternate location discussed was the area between the tennis courts and the Clearwater Beach Recreation Center; however, it was indicated pedestrian traffic across Mandalay Avenue would increase. A question was raised if this area would be a viable location for a garage and staff is to investigate. In response to a question, Ms. Arasteh said parking on South Gulfview will be eliminated next July. Discussion ensued in regard to putting retail on the bottom of the parking garage to generate revenue and it was noted the locations being discussed are in the OSR district and a land use and zoning change would be required for retail. Staff will bring back for future discussion. Adjourn The meeting adjourned at 12:53 p.m.