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09/15/2005 . . . CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 15, 2005 Present: Frank Hibbard William C. Jonson Hoyt P. Hamilton Carlen Petersen John Doran Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Garry Brumback Rod Irwin Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Bill Losasso from Pathways Community Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 -Introductions and Awards: 4.1 Bimonthlv Team Award The Bimonthly team award for September-October 2005 was presented to the Neighborhood Services Team. 5 - Presentations: 5.0 National Recvclinq Award The National Recycling Award was presented to the Solid Waste Department by the American Forest & Paper Association. 5.1 Proclamation: Care Fest 2005 - A Week of Carino - September 17 - 24, 2005 5.2 Proclamation: Commuter Choices Week - September 26 - 30. 2005 5.3 Proclamation: National Arts & Humanities Month - October 2005 5.4 Pinellas Education Foundation Workforce Presentation Jerry Hogan, Pinellas Education Foundation, reviewed the importance of local vocational and technical programs and reported that State cutbacks have caused some classes to be cancelled. He requested support for State funding for these type training programs. Council 2005-09-15 1 . 6 - Approval of Minutes 6.1 September 1. 2005 Councilmember Jonson moved to approve the minutes of the regular meeting of September 1, 2005, as corrected. The motion was duly seconded and carried unanimously. 7 - Citizens to be Heard re Items Not on the Agenda - None. Public Hearings - Not before 6:00 PM 8 - Administrative public hearings 8.1 Amend the Community Development Code to establish a Public Art and Desiqn Proqram and pass Ordinance #7489-05 on first readinq. The 2002 Clearwater Cultural Plan, created by the Clearwater Arts Foundation and endorsed by the City Council, recommended the development of a "percent for art" program. Since that time, City staff, in collaboration with the Clearwater Arts Foundation, has researched public art programs throughout the country. In addition, the City contracted with Glenn Weiss, Public Art Consultant, to perform a Public Art Needs Assessment in April of this year. This document provides much of the justification for adopting the Public Art and Design Program. . Over 300 communities in the United States have implemented public art programs. Locally, there are ordinances in Hillsborough, Pine lias, Tampa, Sarasota, and St. Petersburg. Six programs exist in Florida that require private development participation. The Public Art and Design Program shall provide the process by which the City shall integrate a wide variety of public art and design into the community creating a sense of place and increasing the quality of life for residents, businesses, and visitors. The Clearwater Arts Foundation has given presentations on the proposed ordinance to various groups including the Governance Committee of the Clearwater Regional Chamber of Commerce, The Clearwater Beach Chamber, Clearwater Rotary Club, Clearwater Beach Rotary, and various business leaders and developers. The Parks and Recreation Board also reviewed the proposal. The Community Development Board at their August 16, 2005 meeting reviewed the proposed amendments to the Community Development Code to establish Ordinance #7489-05. . Primary components include: 1) The City will contribute 1 % of all Capital Improvement projects greater than $500,000; that do not have legally restricted funding (General fund, Penny for Pinellas etc.); are for new construction or renovation projects including but not limited to buildings, greenways, roads, parking facilities, bridges or other above ground projects; for the incorporation of public art up to the sum of $200,000 per project. Specifically excluded from this requirement are street resurfacing, major drainage, wastewater, below-grade utilities, and annual repair and replacement projects. The appropriation of funds will commence with the FY (Fiscal Year) 2006/07 budget; 2) Private Construction Projects and Developments would be required to contribute to Public Art and Design projects beginning October 1, 2006. All new construction of, or renovation related to, commercial, industrial, mixed-use, and residential projects and developments which equal or exceed an Aggregate Job Value of $5-million must allocate not less than 1 % of the Aggregate Job Value up to the sum of $200,000 per project for Council 2005-09-15 2 . . . the provision of public art; 3) The artwork must be located in a publicly accessible site and must be commissioned from a professional artist prior to issuance of the final certificate of occupancy; 4) In lieu of an on-site project, a developer may contribute .3% of the Aggregate Job Value to the City's Public Art and Design Program. This in lieu fee must be paid prior to the issuance of building permit; 4) Excluded from this private development requirement shall be projects with an Aggregate Job Value under $5,000,000, residential developments of new construction for affordable housing as defined and utilized by the Housing Division of the Economic Development & Housing Department, or eligible projects pending approval for a building permit that have submitted a complete application prior to October 1,2006; 5) Public Art and Design Funds will be established with separate accounting of monies to be used solely for expenses associated with the program; and 6) A seven member Public Art and Design Board will be appointed by the City Council to administer the Public Art and Design Program. The proposed amendments in the Public Art and Design Program are consistent with and further the goals, policies and objectives of the Community Development Code, the Comprehensive Plan, as well as other City plans such as the 2002 Parks and Recreation Master Plan, the Downtown Redevelopment Plan, Beach by Design, and the 2002 Clearwater Cultural Plan. Robert Freedman, Clearwater Arts Foundation Board, said the foundation supports this program. He recommended the .3% in lieu of contribution be increased to .75%. The City Attorney said, while a small number of cities require private participation in public art programs, she was not aware of any Florida cases that had been litigated. As proposed, the program is required, not incentive based. One resident spoke in support of the item. Discussion ensued regarding the in lieu of contribution and it was recommended it be no higher than .5%. General agreement was to increase the contribution to .75% and to set aside one-tenth of the in lieu of contribution to create a sinking fund to be used for public art maintenance. In response to a question, Cultural Affairs Manager Margo Walbolt said there are particular artists that work with public art. Councilmember Petersen moved to increase the in lieu of contribution to .75%, with one- tenth of the contribution to be set aside for public art maintenance. The motion was duly seconded. Councilmembers Jonson, Petersen, Doran, and Mayor Hibbard voted "Aye". Council member Hamilton voted "Nay." Motion carried. Councilmember Jonson moved to approve the amendment to the Community Development Code to establish a Public Art and Design Program, as amended. Councilmembers Jonson, Petersen, Doran, and Mayor Hibbard voted "Aye". Councilmember Hamilton voted "Nay." Motion carried. Ordinance #7489-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7489-05, as amended, on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2005-09-15 3 . . . "Ayes": Jonson, Petersen, Doran, and Hibbard. "Nays": Hamilton. Motion carried. 8.2 Approve the applicant's reauest to vacate the 5-foot drainaae and utility easement Iyina alone the platted rear property line of Lot 11, Block 48, Mandalay Subdivision, (a.k.a. 914 Narcissus Avenue), and pass Ordinance #7516-05 on first readina. (VAC2005-13 Belloise) The applicant is installing a new in-ground swimming pool in the rear yard of his property arid seeks approval of this vacation to construct swimming pool decking in what presently is a drainage and utility easement. The existing spa and deck shown on applicant's survey have been removed from the property. Verizon, Knology Broadband, Progress Energy and Brighthouse Cable have no objections to the applicant's request. The City of Clearwater has no utility facilities in the subject easement. Public Works Administration has no objections to the vacation request. Councilmember Doran moved to approve the applicant's request to vacate the 5-foot drainage and utility easement lying along the platted rear property line of Lot 11, Block 48, Mandalay Subdivision, (a.k.a. 914 Narcissus Avenue). The motion was duly seconded and carried unanimously. Ordinance #7516-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7516-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 8.3 Adopt Ordinance #7496-05 on second readine, declarina the millaae rate to be levied for the Fiscal Year beainnina October 1, 2005 and endina September 30, 2006, for operatina purposes includina the fundina of pensions, debt service, and road maintenance for capital improvement expenditures at 5.753 mills, which constitutes a 13.74% increase over the rolled back rate of 5.0582 mills. In accordance with the State of Florida's "Truth-in-Millage" (TRIM) Act and the City Charter it is necessary for the City Council to adopt a final millage rate for the upcoming year. In July 2005, the City Manager presented his proposed FY 2005/06 Annual Operating and Capital Improvement Budget recommending a millage rate of 5.753 mills. This millage rate was approved as a tentative millage rate by the Council at the July 21, 2005 Council meeting. This rate will generate $47,742,920 of ad-valorem property taxes for the City of Clearwater in FY 2005/06. . Council 2005-09-15 4 . . . Ordinance #7496-05 is now presented in order that this tentative millage rate be adopted as the final rate for the 2005/06 fiscal year. This rate is the same rate as adopted in each of the past three years and reflects a 13.74% increase over the rolled back rate of 5.0582 mills. Councilmember Jonson moved to set a final millage rate of 5.753 mills for Fiscal Year 2005/06 levied against non-exempt real and personal property within the City. The motion was duly seconded and carried unanimously. Ordinance #7496-05 was presented for second reading and read in full. Council member Petersen moved to pass and adopt Ordinance #7496-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 8.4 Adopt Ordinance #7497-05 on second readinq, adoptinq an operatinq budqet for the Fiscal Year beqinninq October 1, 2005 and endinq September 30, 2006, authorizinq the City Manaqer to issue such instructions that are necessary to achieve and accomplish the service proqrams so authorized, authorizinq the City Manaqer to transfer monies and proqrams amonq the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. The City Charter, Pinellas County regulations, and Florida State Statutes outline requirements that must be met for the City to be able to levy taxes and fees and spend resources on mandated or desired goods and services. The adoption of this ordinance and two related ordinances are an integral part of fulfilling these requirements. In July 2005, the City Manager presented to the City Council a detailed Preliminary Annual Operating Budget that outlined estimated revenues and proposed expenditures for the 2005/06 fiscal year. Copies of this document were made available to residents and the news media. The budget was discussed at Council meetings and budget workshops earlier this summer. Ordinance #7497-05 is now presented in order to adopt the operating budget and authorize the City Manager to issue instructions to achieve and accomplish authorized services. Councilmember Doran moved to adopt the City of Clearwater Annual Operating Budget for the 2005/06 Fiscal Year. The motion was duly seconded. Councilmembers Hamilton, Petersen, and Doran, and Mayor Hibbard voted "Aye"; Councilmember Jonson voted "Nay." Motion carried. Ordinance #7497-05 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance #7497-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Petersen, Doran, and Hibbard. "Nays": Jonson. Council 2005-09-15 5 . . . Motion carried. 8.5 Adopt Ordinance #7498-05 on second readinq. adoptinq the Capital Improvement Proqram Budqet for the Fiscal Year beqinninq October 1. 2005 and endinq September 30.2006. approvinq the six-year CIP prOQram. which shall be reevaluated at the beqinninQ of each fiscal year. authorizinq the City Manaqer to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized and to transfer money between proiects in the proqram. appropriatinq available and anticipated resources for the proiects identified. The City Charter, County regulations, and Florida State Statutes outline regulations that require local governments to prepare and adopt comprehensive planning and dev.elopment programs. The Capital Improvement Program plan provides the mechanism to meet these requirements. Major physical undertakings costing $25,000 or more and having a useful life of at least three years are defined as "capital" projects and are accounted for in this Capital Improvement Program. In July 2005, the City Manager presented to the City Council detailed proposed operating and capital improvement budgets. The Capital Improvement Program budget outlines projects and funding sources for $54.6 million of projects to be undertaken in fiscal year 2005/06. The budget also contains a six-year plan, which outlines projects and funding sources for each of the next six years totaling $339.6 million. Each of these plan years will be reviewed and revised as needed, and budgets presented for formal budget adoption in subsequent years. The adopted Capital Improvement Budget can be amended with Council approval through the quarterly budget review process. Councilmember Hamilton moved to adopt the Fiscal Year 2005/06 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP). The motion was duly seconded and carried unanimously. Ordinance #7498-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7498-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9 - Quasi-judicial public hearings 9.1 Approve the Annexation. Land Use Plan Amendment from the County Residential Low (Rl) Cateqory to City Residential Low (Rl) CateQory and Zoninq Atlas Amendment from the County R-3. Sinqle Familv Residential District to the City Low Medium Densitv Residential (LMDR) District for 1753 Grove Drive (Lot 17. Block 2 Virqinia Grove Terrace First Addition in Section 5- 29-16); and Pass Ordinances #7501-05. #7502-05 & #7503-05 on first readinq. (ANX2005- 05016) The subject property is located on the east side of Grove Drive, approximately 85 feet south of Terrace Drive. The applicant is requesting this annexation in order to receive sanitary Council 2005-09-15 6 . . . sewer and solid waste service from the City. The property is located within an unincorporated enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 0.19-acre in area and is currently developed with a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is located within an enclave and its annexation will reduce such enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this application at its public hearing on August 16, 2005 and unanimously recommended approval of the application. Council member Petersen moved to approve the Annexation, Land Use Plan Amendment from the County Residential Low (RL) Category to City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 1753 Grove Drive (Lot 17, Block 2 Virginia Grove Terrace First Addition in Section 5-29-16. The motion was duly seconded and carried unanimously. Ordinance #7501-05 was presented for first reading and read by title only. Council member Doran moved to pass Ordinance #7501-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7502-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7502-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7503-05 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7503-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. Council 2005-09-15 7 . . . "Nays": None. 9.2 Approve the Annexation. Land Use Plan Amendment from the County Residential Low (RL) and Water Cateqories to City Residential Low (RL) and Water/Drainaqe Overlay Cateqories and Zonino Atlas Amendment from the County R-3. Sino Ie Family Residential District to the City Low Medium Density Residential (LMDR) and Preservation (P) Districts for 1501 Country Lane East (Lot 10. Country Lane tooether with the Lake Parcel in Section 8-29-16); and Pass Ordinances #7504-05. #7505-05 & #7506-05 on first readinq. (ANX2005-05017) The subject property is located on the south side of Country Lane East, approximately 500 feet south of Northeast Coachman Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an unincorporated enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pine lias County requirements with regard to voluntary annexation. The subject site is approximately 0.33-acre in area and is currently . developed with a single-family dwelling. It is proposed that the property have Future Land Use Plan designations of Residential Low (RL) and Water/Drainage Overlay and zoning categories of Low Medium Density Residential (LMDR) and Preservation (P). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is located within an enclave and its annexation will reduce such enclave. This annexation has been reviewed by the PPC staff according to the provisions of Pine lias County Ordinance #00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this application at its public hearing on August 16, 2005 and unanimously recommended approval of the application. Councilmember Petersen moved to approve the Annexation, Land Use Plan Amendment from the County Residential Low (RL) and Water Categories to City Residential Low (RL) and Water/Drainage Overlay Categories and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) and Preservation (P) Districts for 1501 Country Lane East (Lot 10, Country Lane together with the Lake Parcelin Section 8-29-16. The motion was duly seconded and carried unanimously. Ordinance #7504-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7504-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Council 2005-09-15 8 . . . Ordinance #7505-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7505-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, and Doran. "Nays": None. Absent: Hibbard. Ordinance #7506-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7506-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, and Doran. "Nays": None. Absent: Hibbard. 9.3 Approve the Petition for Annexation. Future Land Use Plan Amendment from the County Residential Low (RL) Cateqorv to the City Residential Low (RL) Cateqorv and Zoninq Atlas Amendment from the County R-2. Sinqle-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1644 Bellrose Drive North (Lot 53, Bellrose Park in Section 23-29-15); and Pass Ordinances #7507-05, #7508-05 & #7509-05 on first readinq. (ANX2005-05018) This subject site is located on the north side of Bellrose Drive North, approximately 530 feet east Lake Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service. The property is contiguous with the existing City boundaries to the north; therefore, the proposed annexation is consistent with Pinellas County Ordinance #00- 63 with regard to voluntary annexation. The subject site is approximately 0.19-acre in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the city boundaries and does not create an enclave. This annexation has been reviewed by the PPC County staff accordance with the provisions of Pinellas CountyOrdinance #00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on August 16, 2005 and unanimously recommended approval. Council 2005-09-15 9 . . . Council member Hamilton moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-2, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1644 Bellrose Drive North (Lot 53, Bellrose Park in Section 23-29-15. The motion was duly seconded and carried unanimously. Ordinance #7507-05 was presented for first reading and read by title only. Council member Petersen moved to pass Ordinance #7507-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7508-05 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7508-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Petersen, Doran, and Hibbard. "Nays": None. Absent: Hamilton. Ordinance #7509-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7509-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Petersen, Doran, and Hibbard. "Nays": None. Absent: Hamilton. 10 - Second Readings - public hearing 10.1 Adopt Ordinance #7463-05 on second readinq, vacatinq the fifty-foot street riqht of way of Edenville Avenue from the easterly extension of the south property line of Lot 55. Block A. Tropic Hills Unit 4. to the easterly extension of the north property line of said Lot 55. subiect to special conditions. Ordinance #7463-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7463-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Petersen, Doran, and Hibbard. "Nays": None. Council 2005-09-15 10 . . . Absent: Hamilton. 10.2 Adopt Ordinance #7494-05 on second readino, creatino a slow speed minimum wake zone alono the Gulf of Mexico side of Sand Key Beach. Ordinance #7494-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7494-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Petersen, Doran, and Hibbard. "Nays": Hamilton. Motion carried. 10.3 Adopt Ordinance #7515-05 on second readino, establishino the Clearwater Cay Community Development District pursuant to Chapter 190, Florida Statutes, describino the external boundaries of the district. describinq the functions and powers of the district. consentino to the use of special powers by the district. desionatino five persons to serve as the initial members of the district's Board of Supervisors. Ordinance #7515-05 was presented for second reading and read by title only. Two residents spoke in opposition of including any of the Grand Bellagio and Grand Venenzia common areas in the development district. Tom Cloud, representative, said the Bellagio entrance gate is not included in the Community Development District, just a five-foot wide strip of land that runs adjacent and parallel to Belleair Road. Dave Clark, owner, reviewed plans to raze the shopping center and obtain Community Development District financing. He said more than 12 community meetings have been held regarding this issue. The Bellagio residents had been invited to meetings via a community wide mailing, that included absentee owners, and the presidents of adjacent communities also were invited. He said Bellagio residents would not be impacted financially by this Community Development District. In response to a question, the City Attorney said tonight's approval just establishes the Community Development District. The development will need to follow the City's Community Development Code process. Only those within the boundaries of the Community Development District will be impacted. In response to a question, Mr. Clark reviewed his holdings. He said the Bellagio gatehouse is outside of the district and will not be included in the assessement. The Venezia residents will be required to pay 50% of gatehouse maintenance costs and Bellagio homeowners must approve any changes to Bellagio properties. Council 2005-09-15 11 . . . Upon the vote being taken, Council member Doran moved to pass and adopt Ordinance #7515-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10.4 Adopt Ordinance #7499-05 on second readinq, amendinq Chapter 29 of the Code of Ordinances to include an additional $10,000 homestead exemption for qualified persons 65 and older. providinq terms and conditions of entitlement. Ordinance #7499-05 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance #7499-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10.5 Adopt Ordinance #7491-05 on second readinq. vacatinq that portion of Rollen Road riqht- of-way that lies between Lot 1. Block E, Pine Ridqe and Lot 1. Block E. Pinebrook Hiqhlands. subiect to a drainaqe and utility easement which is retained over the full width thereof. Ordinance #7491-05 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance #7491-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10.6 Adopt Ordinance #7492-05 on second readinq, vacatinq the drainaqe and utility easement described as the south twenty feet of the vacated north one-half of Chautauqua Boulevard Iyinq south of Blocks 40 and 41. bounded on the east by the westerly riqht-of-way line of Lake Shore Drive and on the west by the southerly extension of the west property line of Lot 11, Block 40. Chautauqua Unit 1. Section A. Ordinance #7492-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7492-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Council 2005-09-15 12 . . . City Manager Reports 11 - Consent Agenda - Approved as submitted. 11.1 Approve an Aqreement between the City of Clearwater and the Clearwater Reqional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2005-2006 in return for fundinq in the amount of $190.000 and authorize the appropriate officials to execute same. 11.2 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal throuqh sale to the hiqhest bidder at the Tampa Machinery Auction. Tampa. Florida. 11.3 Approve the renewal of a contract with the Pinellas County Sheriff's Office. Larqo. Florida. for latent finqerprint and crime scene services. includinq evidence and property storaqe. durinq the contract period October 1. 2005. throuqh September 30. 2006. at a total cost of $531.209.36 and authorize the appropriate officials to execute same. 11.4 Award a contract to TLC Diversified. Inc. of Palmetto. Florida. for the Drew and Union Streets Reclaimed Water System. Contract 2 - Booster Pumpinq Stations (01-0039-UT) construction contract in the amount of $2.589.400.00. which is the lowest responsible bid received in accordance with plans and specifications. and approve the associated McKim & Creed Work Order for limited construction enqineerinq services. includinq PLC/SCADA Proqramminq Services. in the amount of $195.000 and authorize the appropriate officials to execute same. 11.5 In consideration of receipt of $1 and other valuable consideration. qrant and convey to Pinellas County. a political subdivision of the State of Florida. a perpetual non-exclusive easement for Inqress and Eqress in. over and upon a portion of Section 17-29-15. containinq 22.517 square-feet. more or less. and authorize appropriate officials to execute same. 11.6 Approve Chanqe Order #2 for the 2002 Water Service Line Replacement Contract (99- 0078-UT) to Westra Construction Corporation of Palmetto. FL. for the 2005 contract (04-0068- UT). increasinq the contract amount by $635.417.75 for a new contract total of $1.934.799.75 and authorize the appropriate officials to execute same. 11.7 Authorize an increase of UP to $75.000 to the monetary limit on the contract with the firm of Thompson. Goodis. Thompson. Groseclose & Richardson for outside counsel services related to representation in Crouch v. City of Clearwater. et al.. Case #93-2860-CI-21. throuqh trial proceedinqs. for a new contract total of $125.000. 11.8 Authorize the City Attorney to allocate an additional $25.000 in the defense of the City in the case of Bender v. City. for a total amount of $60.000. Purchasinq 11.9 Mastec North America. Inc.. Tampa. Florida - Renew the contract for installation of qas mains and service lines durinq the period October 1. 2005 throuqh September 30. 2006. at a cost not to exceed $850.000. Council 2005-09-15 13 . . . 11.10 Verizon Florida Inc.. St. Petersburq, Florida - Telephone service includinq frame relay, TI's. Centra net trunks. directory advertisinq, Norstar maintenance. lonq distance overflow, frame relay internet service and credit/collect calls durinq the period October 1, 2005 throuqh September 30,2006. at a cost not to exceed $500.000. 11.11 Nextel Communications. Norcross, Georqia - Cellular/radio service durinq the period October 1. 2005 throuqh September 30. 2006. at a cost not to exceed $250,000. 11.12 State of Florida. Department of Manaqement Services. Tallahassee. Florida - Suncom lonq distance service. Centranet lines and toll free lonq distance line durinq the period October 1.2005 throuqh September 30.2006. at a cost not to exceed $200.000. 11.13 Inqram Book Company - Award a contract for the purchase of books and other library materials durinq the period October 1. 2005 throuqh September 30. 2006. at a cost not to exceed $170.000. 11.14 Book Wholesalers Inc. - Award a contract for the purchase of books and other library materials durinq the period October 1. 2005 throuqh September 30. 2006. at a cost not to exceed $113.000. Councilmember Hamilton moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 12 - Other items on City Manager Reports 12.1 Amend the City's Fiscal Year 2004/05 Operatinq and Capital Improvement Budqets at third quarter and pass Ordinances #7517-05 and #7518-05 on first readinq. The Fiscal Year 2004/05 Operating and Capital Improvement Budgets were adopted in September 2004, by Ordinances #7338-04 and #7339-04. Section 2.521 of the City's Code of Ordinances requires that the City Manager prepare a quarterly report detailing income and expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all active capital improvement projects. The Third Quarter Budget Review, in accordance with the City Code of Ordinances, is based on nine months of activity (October 2004 through June 2005) in the current fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund - General Fund revenues and expenditure amendments reflect a net increase of $177,330. The major reasons for the overall General Fund expenditure increase include the appropriation of prior year retained earnings as follows: 1) $71,000 for retirement payouts, 2) $27,050 for salaries of a Planner III, and 3) $50,000 to establish a project to provide for temporary police aides for traffic control on Clearwater beach during the construction of BeachWalk. These items are all funded from the allocation of General Fund reserves. In addition, $29,280 in Public Council 2005-09-15 14 . . . Works Administration provides for the increases to the survey crew staffing and sign shop expenditures that are both offset by revenues supporting these programs. In addition, an amendment to General Fund revenues totaling approximately $916,000, recognizes an appropriation to General Fund reserves. This increase comprises of expected increases in property tax revenues, building permit fees, communication services tax, a reimbursement for FOOT for streetlights, and higher than estimated gas dividends. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2004 books, and the allocation of reserves noted above, estimated General Fund reserves at third quarter are approximately $11.9 million, or 11.6% of the current year's General Fund budget, exceeding our reserve policy by almost $3.2 million. Significant amendments to other City Operating Funds include: 1) Gas Fund - Budget amendments to the Gas Fund total $201,360 due to the increased cost of fuel, and the increase is offset by a budget amendment recognizing increased gas sales; 2) Solid Waste Fund - Amendments to Solid Waste Fund expenditures total $73,020 and primarily reflect budget increases related to fuel costs and dump fees. The amendments are more than offset by an increase in collection revenues; 3) Recvclinq Fund - Recycling amendments reflect an increase of $80,600 primarily due to increased recycling activity and higher than anticipated fuel prices. These increases are more than offset by anticipated increases in revenues from the sale of recyclables; 4) Marine & Aviation Fund - Third quarter amendments reflect a $525,000 increase in fuel costs for resale at the Marina and is offset by an increase in anticipated revenues from fuel sales. This item had been presented previously to the Council at the August 15, 2005 Council meeting; 5) Garaqe Fund - The Garage Fund budget recognizes an increase of $641,190 primarily due to the increased costs for fuel and vehicle parts that have exceeded anticipated budgeted costs. $600,000 of this increase was approved previously by the Council at the July 21,2005 Council meeting, and funded by the allocation of retained earnings from the Garage Fund. The balance of the increases are offset by revenue amendments recognizing specific charges for service and a reimbursement from the Insurance Fund for the replacement of a vehicle that had been involved in an accident; and 6) Capital Improvement Fund - The amendments to the Capital Improvement Fund total a net budget increase of $1,520,768. This includes the recognition of significant grant funds in the amount of $575,222 for the Clearwater Beach West Bridge Connector, almost $203,000 for construction of the Airpark FBO (Fixed Base Operator) building, $50,000 for an observation tower at Cooper's Point Bayou, and more than $200,000 for the construction of BeachWalk. All of these grants have been approved previously by the City Council. The report reflects one amendment not previously approved by the Council. This is the allocation of $547,970 in County restricted TIF (Tax Increment Financing) revenue that is transferred to the Downtown Streetscape project as discussed at the CRA (Community Redevelopment Agency) meeting of August 29,2005. Special Proqram Fund - The Special Program Fund reflects a net budget increase of $1,308,544 recognizing over $733,000 in grant revenue, almost $206,000 in reimbursements for Council 2005-09-15 15 . . . outside duty services, and more than $104,000 from police fines and court proceeds to support public safety programs, and almost $143,000 from Special Event revenues In response to a question, Budget Director Tina Wilson said the City must retain the $6- million balance for the Seashell parking lot until March 2006. Councilmember Petersen moved to amend the City's Fiscal Year 2004/05 Operating and Capital Improvement Budgets at third Quarter. The motion was duly seconded and carried unanimously. Ordinance #7517-05 was presented for first reading and read by title only. Councilmember Doran to pass Ordinance #7517-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7518-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7518-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 12.2 Amend Section 2.102 of the Code to reduce the number of board members for the Beautification Committee from seven members to five members and pass Ordinance #7514-05 on first readinQ. The Code of Ordinances, Section 2.102, states that "The Beautification Committee shall be composed of seven members who shall be residents of the City." Currently, the Board has only five members and no one on the waiting list. This void on the Board is in its eighth month. Currently, it is not uncommon for the Board to not have a quorum to conduct business. This has a negative effect on their ability to handle the business for each meeting. It is recommended to reduce the number of Board positions to the current level of five, which will allow for a smaller quorum for the Board to conduct business. Councilmember Jonson moved to amend Section 2.102 of the Code to reduce the number of board members for the Beautification Committee from seven members to five members. The motion was duly seconded and carried unanimously. Ordinance #7514-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7514-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. Council 2005-09-15 16 . . . "Nays": None. 12.3 Approve the Utility Work By Hiqhway Contractor Aqreement with the State of Florida Department of Transportation (FDOT) for the relocation of existinq potable water and sanitary sewer facilities impacted by the FDOT's S.R. 60 at US 19 Interim Intersection Improvements proiect. adopt Resolution #05-39, and that the appropriate officials be authorized to execute same. The Florida Department of Transportation (FDOT) has designed the roadway improvements of the SR 60 at US 19 Intersection. Improvements will include adding turn lanes along SR 60 and widening of frontage roads along US 19 as they approach the intersection. Final design package is due to FDOT on October 15, 2005, and construction currently is scheduled to begin in July 2006. This roadway improvement project will necessitate the relocation or adjustment of the City's water and sanitary sewer mains and appurtenances within the project limits. The City of Clearwater's Engineering Department has coordinated the design for these utilities with FDOT representatives. FDOT will receive bids for the combined roadway improvements and utility relocation work and make award of contract to the low bidder. The amounts included on this agenda item are the engineer's preliminary estimate, and are subject to change as the design progresses. The exact costs will be determined by the contractor's bid and may vary from this amount. The project will be competitively bid by FDOT. In response to a question, Assistant Engineering Director Glen Bahnick said the MSE (mechanically stabilized earth walls) will not be moved. City Engineer Mike Quillen said this project only widens the access roads. Councilmember Hamilton moved to approve the Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary sewer facilities impacted by the FDOT's SR 60 at US 19 Interim Intersection Improvements project. The motion was duly seconded and carried unanimously. Resolution #05-39 was presented and read by title only. Council member Jonson moved to pass and adopt Resolution #05-39 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 12.4 Approve renewal of the Interlocal Aqreement between the City of Clearwater and Pine lias County to allow the City to purchase bulk potable water from the County and authorize the appropriate officials to execute same. On March 19, 1976, the City of Clearwater entered into a 30-year agreement to purchase potable water from Pinellas County. That agreement expires on September 30, 2005. City and County staffs have negotiated to renew the agreement for an additional 30 years. The new Interlocal Agreement will commence on October 1, 2005, expire on September 30, 2035, Council 2005-09-15 17 . . . and allows for a maximum daily potable water purchase of 15 million gallons per day (annual average ). The City of Clearwater purchases 9 million gallons/day from Pinellas County and produces 3.6 million gallons per day from local wells, for a total potable water consumption of 12.6 million gallons per day by Clearwater's customers. As contained in the Water/Sewer Rate Increase (approved December 16, 2004), the rate to purchase water from Pinellas County is scheduled to increase as follows: 1) $2.53/1,000 gallons, effective October 1, 2005; 2) $2.78/1,000 gallons, effective October 1, 2006; 3) $2.97/1,000 gallons, effective October 1, 2007; and 4) $3.18/1,000 gallons, effective October 1,2008. In order to mitigate the impact of the County's future rate adjustments, the City is simultaneously undertaking projects to increase our local water production, by expansion of the City's well field and pumping capacity. From time to time, Pinellas County may raise the rate to purchase potable water under this agreement by action of the Board of County Commissioners. Approval of this interlocal agreement will require alignment of City Ordinances with that of Pinellas County for Cross Connection Control programs. This is not a significant issue. Public Utilities Director Andy Neff said water costs are increasing due to Tampa Bay Water infrastructure and County programs. Assistant City Manager Garry Brumback said the agreement allows the City to expand its ability to generate its own water supplies. The service area map, established long ago, is unchanged. Councilmember Jonson moved to approve renewal of the Interlocal Agreement between the City of Clearwater and Pinellas County to allow the City to purchase bulk potable water from the County and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 13 - City Attorney Reports 14 - City Manager Verbal Reports The City Clerk reported the FLC (Florida League of Cities) has requested the Council write its legislative delegation regarding lost DUI (Driving Under the Influence) funds. Consensus was to send a letter to the Pinellas County Legislative Delegation supporting legislation for the City to regain DUI fine revenue. 15 - Council Discussion Items 15.1 Salary ranqes for the City Manaqer and City Attorney Discussion ensued and one Councilmember expressed interest in establishing salary ranges for the City Manager and City Attorney. Council 2005-09-15 18 . . . 16 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events; expressed satisfaction with visioning process, inviting residents to attend future meetings; and congratulated Mr. and Mrs. Countryside. Councilmembers Doran and Petersen congratulated Councilmember Jonson on his appointment as Chair of the FLC Transportation & Urban Administration Policy Committee. Councilmember Jonson commented on projects to be considered by the Community Development Board on September 20, 2005, and suggested sharing the City's vision process and Downtown Plan with the Pinellas Suncoast Transit Authority. 17 - Adjourn The meeting adjourned at 8:28 p.m. ~/ "Mayor City of Clearwater TIest: ~~~. .~ Ci Clerk Council 2005-09-15 19