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07/19/2007 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER July 19, 2007 Present: Frank Hibbard Mayor John Doran Vice-Mayor George N. Cretekos Councilmember Paul Gibson Councilmember Absent: Carlen Petersen Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 6:00 p.m. at City Hall. Councilmember Cretekos offered the invocation. 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 - Presentations: 4.1 Neighborhood of the Quarter, Home of the Quarter and Business of the Quarter The Neighborhood of the Quarter award was presented to Clearview Lake Estates. The Home of the Quarter awards were presented to: 1) Paul and Debbie Trunk, 1583 Budleigh Street; 2) Robert and Denise Resch, 210 Orangewood Avenue; 3) Ron and Alisa MacCarthy, 1800 Greenhill Drive; and 4) Fay Patterson, 1873 Murray Avenue. The Summer 2007 Business Beautification Award was presented to the offices of Michael and Pamela Adams. 5 - Approval of Minutes 5.1 City Council – June 20, 2007 Council and June 18, 2007 Attorney/Client Councilmember Doran moved to approve the minutes of the June 20, 2007 City Council Meeting and the June 18, 2007 Attorney/Client Session, as recorded and submitted in written motion summation by the City Clerk to each Councilmember. The was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Council 2007-07-19 1 John Wiser requested the City consider purchasing the Countryside Executive Golf Course for a future park site and thanked the City for sparing recreation centers and libraries from budget cuts. Sandy Britton thanked City for funding beach library and recreation center and asked the City to consider temporary repairs to the beach boat ramp that will allow access for small boats and jet skis. Engineering Director Mike Quillen estimated permanent repairs would take one year and cost $300,000 to $500,000. In the interim, efforts will be made to replace the dislodged concrete. It was stated that signage would limit size of boats and advise users to proceed at own risk. Eva Kunowska said property taxes for her motel on the beach and home on the mainland have increased dramatically since 2002 and reported a trash and rodent problem on the beach. Public Hearings - Not before 6:00 p.m. 7Administrative Public Hearings – 7.1 Approve the City of Clearwater’s Fiscal Year 2007/08 Consolidated Planning Document, which contains the FY 2007/08 Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY 2007/08 Consolidated Action Plan. The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement (CDBG & HOME) funding to prepare an annual Consolidated Planning document that evaluates the needs of the community and sets forth strategies to address those needs. The new Consolidated Plan is the continuation of the City’s existing five-year Consolidated Plan. There were not many changes to our existing strategies, goals and objectives. This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City’s housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year. Funds are to be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low- to moderate-income households. This year’s Action Plan allocates federal and state funds to provide housing opportunities to extreme-low to moderate-income households for new and existing homes, homebuyer education, construction and/or renovation of public facilities, and to fund programs that assist the homeless, the physically challenged, and children, to name a few. In Fiscal Year 2007/08, the City is estimated to receive federal funds in the amount of $965,053 through the Community Development Block Grant (CDBG), $538,355 through the HOME Investment Partnership Program, and $995,251 from the State of Florida through the Council 2007-07-19 2 State Housing Initiatives Partnership (SHIP) program. Funds provided through the HOME and SHIP programs are limited to housing activities and administration. Funds provided through the CDBG program may be used for housing, community and economic development, public services and facilities, acquisition, demolition, and administration. Additional funding for the FY 2007/08 budget will come from estimated program income funds in the amount of $400,000 (loan repayments, loan payoffs, recaptured funds, etc). A Technical Review Committee (TRC) comprised of professionals in the social service and grants community and one member of the City’s Neighborhood and Affordable Housing Advisory Board (NAHAB) reviewed the applications, scored them, and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to speak to the TRC and NAHAB regarding their programs on the day of the bus tour and presentations in May 2007. City staff reviewed each application to ensure it met HUD’s baseline requirements. The NAHAB met on July 10, 2007, to approve the recommended allocations contained in the FY07/08 Consolidated Action Plan. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. Under the Public Services category, agencies competed for approximately $135,107 in CDBG funds. The City’s Housing Division received requests for Public Service funding in excess of $460,000. NAHAB has endorsed a sliding scale funding system for Public Service applicants that allows the top two scorers to receive 60% of their request; the second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. This method allows more agencies to be funded. All organizations that will be receiving an allocation or participating in the City’s Housing or Housing Education Pools, will have agreements prepared and executed by October 1, 2007. In response to questions, Economic Development and Housing Director Geri Campos Lopez said funding from HUD has been steadily declining, the City will receive 2% less than last year. As cost of housing continues to increase, focus will be on the rental market. Councilmember Gibson moved to approve the City of Clearwater’s Fiscal Year 2007/08 Consolidated Planning Document, which contains the FY 2007/08 Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY 2007/08 Consolidated Action Plan. motion carried The was duly seconded and unanimously. 7.2 Approve the vacation of the five-foot utility easement lying along the east property line of Lots 8 through 13, inclusive, Melody Subdivision (693 Canterbury Road) and pass Ordinance 7845-07 on first reading, (VAC2007-04 Oyonwo/Ogaga and City of Clearwater). The owners of Lot 11 of Melody Subdivision have requested the vacation in order to expand their house and build a swimming pool and deck in the easement area. The City Engineering Department has joined in the vacation request to include the vacation of the remaining portions of the utility easement that lie to the north and south of Lot 11. Verizon, Bright House Networks, Knology Broadband and Progress Energy have no objections to the vacation requested. The City of Clearwater has no utilities in the subject easement and no Council 2007-07-19 3 future need for the easement is anticipated because utility corridors exist to the east and west of the subject easement and the easement is too small to accommodate utility construction. Councilmember Doran moved to approve the vacation of the five-foot utility easement lying along the east property line of Lots 8 through 13, inclusive, Melody Subdivision (693 motion carried Canterbury Road). The was duly seconded and unanimously. Ordinance 7845-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7845-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 863 Lake Forest Road (Lot 21, Less the South 60 feet thereof, Hillcrest Estates First Addition, Sec. 07-29-16); and Pass Ordinances 7837-07, 7838-07 and 7839-07 on first reading. (ANX2007- 04012) This voluntary annexation petition involves a 0.403-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located at the northeast corner of the intersection of Lake Forest Drive and Varsity Drive. The applicant is requesting this annexation in order to receive solid waste and sanitary sewer service from the City. The Planning Department is requesting that the 0.167-acre of abutting Lake Forest Road right-of-way not currently within the City limits also be annexed. The property is within an enclave and is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows: 1) The closest sanitary sewer line is located in the adjacent Lake Forest Road right-of-way and the applicant has not paid the City’s sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen-Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS (Emergency Medical Services) service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Council 2007-07-19 4 Community Development Code. The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code and the property proposed for annexation is located within an enclave, is contiguous to existing municipal boundaries and is within the City’s urban service area; therefore the annexation is consistent with Section 6(1)(a) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas Planning Council (PPC) staff has reviewed this annexation and no objections were raised. Councilmember Gibson moved to approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 863 Lake Forest Road (Lot 21, Less the South 60 feet motion thereof, Hillcrest Estates First Addition, Sec. 07-29-16). The was duly seconded and carried unanimously. Ordinance 7837-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7837-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Ordinance 7838-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7838-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Ordinance 7839-07 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7839-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Council 2007-07-19 5 7.4 - Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1403 Regal Road (Lot 24, Solar Crest, Sec. 23-29-15); and Pass Ordinances 7840-07, 7841-07 and 7842-07 on first reading. (ANX2007-05013) This voluntary annexation petition involves a 0.203-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located at the southeast corner of the intersection of Regal Road and Sunny Park Road. The applicant is requesting this annexation in order to receive solid waste and sanitary sewer service from the City. The Planning Department is requesting that the 0.23-acre of abutting Regal Road and Sunny Park rights-of- way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north, west, and south. It is proposed that the property be assigned 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 provisions of Community Development Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows: The closest sanitary sewer line is located in the adjacent Sunny Park right-of-way and the applicant has not paid the City’s sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through Police Headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of five units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code and the property proposed for annexation is contiguous to existing City boundaries to the north, west, and south and within the City’s urban service area; therefore the annexation is consistent with Section 6(1)(a) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The PPC staff has reviewed this annexation and no objections were raised. Councilmember Doran moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1403 Regal Road (Lot 24, Solar Crest, Sec. 23-29-15). motion carried The was duly seconded and unanimously. Council 2007-07-19 6 Ordinance 7840-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7840-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Ordinance 7841-07 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7841-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Ordinance 7842-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7842-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 8Second Readings- Public Hearing – 8.1 Adopt Ordinance 7820-07 on second reading, amending Appendix A, Schedule of Fees, Rates and Charges, Article XXV, Public Works – Fees, Rates, and Charges, Section (3)(c) Solid Waste Collection Rates; (3)(d) Recycling; and Section (5)(b) Solid Waste Roll-off Container Service, Clearwater Code of Ordinances. Ordinance 7820-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7820-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Council 2007-07-19 7 8.2 Adopt Ordinance 7824-07 on second reading, annexing certain real property whose post office address is 1751 El Trinidad Drive East, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 7824-07 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7824-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 8.3 Adopt Ordinance 7825-07 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 1751 El Trinidad Drive East, upon annexation into the City of Clearwater, as Residential Low. Ordinance 7825-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7825-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 8.4 Adopt Ordinance 7826-07 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1751 El Trinidad Drive East, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 7826-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7826-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 8.5 Adopt Ordinance 7830-07 on second reading, annexing certain real property whose post office address is 1806 Diane Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Council 2007-07-19 8 Ordinance 7830-07 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7830-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 8.6 Adopt Ordinance 7831-07 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 1806 Diane Drive, upon annexation into the City of Clearwater, as Residential Low. Ordinance 7831-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7831-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 8.7 Adopt Ordinance 7832-07 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1806 Diane Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 7832-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7832-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 8.8 Adopt Ordinance 7833-07 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2007 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Pinellas County Housing Trust Fund, Water and Sewer Fund, Gas Fund, Recycling Fund, and Marine and Aviation Fund. Ordinance 7833-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7833-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. Council 2007-07-19 9 "Nays": None. Absent: Petersen. 8.9 Adopt Ordinance 7834-07 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2007, to reflect a net decrease of $920,033. Ordinance 7834-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7834-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. City Manager Reports 9 - Consent Agenda - Approved as submitted. 9.1 Declare the list of vehicles, machinery and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida or through sealed bid sale, and allow appropriate officials to execute same. (consent) 9.2 Approve settlement of the liability claim of Beatriz and Robert Youngs in the amount of $84,000 and authorize the appropriate officials to execute same. (consent) 9.3 Approve soliciting a Request for Proposal (RFP 28-07) for the operation, maintenance and programming of various City recreation facilities from qualified organizations. 9.4 Accept a FY 2005 Buffer Zone Protection Program Grant (BZPP) in the amount of $99,999.27 from the Florida Department of Law Enforcement (FDLE) and U. S. Department of Homeland Security (DHS), and obligate the grant funds to be used to purchase a variety of emergency equipment and an Emergency Services Logistics Unit. (consent) 9.5 Ratify and Confirm Change Order 2 to Gibbs & Register, Inc. of Winter Haven, Florida for the “Cleveland Street Streetscape Project” (03-0093-ED) which increases the contract amount by $726,594.74 for a new contract total of $9,676,700.53 and authorize the appropriate officials to execute same. (consent) 9.6 Ratify & Confirm Change Order 2 and Final to RTD, Construction, Inc., Zephyrhills, FL for the Bio-solids Treatment Implementation-Digester Refurbishment Project (03-0022-UT), decreasing the contract amount by ($1,538,651.77) for a new contract total of $3,477,478.41, and approve a time extension of 200 days and authorize the appropriate officials to execute same. (consent) Council 2007-07-19 10 9.7 Approve renewing a three-year leasing agreement with Alltel Wireless Holdings, LLC, successor in interest of GTE Mobilenet of Tampa, Inc., allowing cellular telephone antennas on the city’s Kapok Water Storage Tank in Del Oro Park for an annual rental fee of $30,000 to be adjusted each successive annual anniversary date by an amount equal to the U.S. Consumer Price Index (CPI), but in no event greater than 4% per year and authorize the appropriate officials to execute same. (consent) 9.8 Award a contract (purchase order) to General Chemical Corp, of Parsippany, NJ, for the purchase of liquid aluminum sulfate (alum) in the amount of $730,800 during the contract period July 20, 2007 through July 31, 2010 being the lowest, most responsive bid for RFP 22-07, and authorize the appropriate officials to execute same. (consent) 9.9 Award a contract (purchase order) to Professional Piping Services, Incorporated in the amount of $200,000 for the 2007 Force Main Pigging Project (06-0059-UT), which is the only responsible bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. (consent) 9.10 Accept a Fire Hydrant & Utility Easement over, across and under a portion of the Southeast ¼ of Sec. 21-29-15 containing 1,150.42 square-feet, more or less, as conveyed by MLJ Lakeview, LLC, in consideration of receipt of $1 and the benefits to be derived therefrom. (consent) 9.11 Accept two 150 square-foot Drainage & Utility Easements conveyed, respectively, by Flamingo Bay Condominium Developers, LLC and by John Conti, Francesco Carriera and Agostino DiGiovanni as Co-Trustees of the Tropicana Resort Land Trust (collectively, "Grantors"), over, across and under applicable portions of Lots 1A and 3A, COLUMBIA SUBDIVISION NO. 3, each given in consideration of receipt of $1 and the benefits to be derived therefrom. (consent) 9.12 Approve a Supplemental Work Order to McKim & Creed (EOR) for Re-evaluation of the City of Clearwater Master Plan for Reclaimed Water System Development in the amount of $57,370, for a new total purchase order amount of $141,870 and authorize the appropriate officials to execute same. (consent) 9.13 Approve the Supplemental Work Orders for Tampa Bay Engineering Group, Inc. (EOR) for design services for the relocation of existing potable water, reclaimed water and sanitary sewer facilities impacted by the Florida Department of Transportation’s SR 55 (US 19) from Whitney Rd. to south of Seville Blvd. project, in the amount of $35,845, for a new total purchase order amount of $130,995, and SR 55 (US 19) from south of Seville Blvd. to north of SR 60 project in the amount of $33,045, for a new total purchase order amount of $167,455, and authorize the appropriate officials to execute same. (consent) 9.14 Reappoint Allen Weatherilt to the Parks and Recreation Advisory Board with the term expiring on July 31, 2011. (consent) 9.15 Appoint Lois Sewell as the Clearwater Sister Cities, Inc. representative to the Sister Cities Advisory Board with the term expiring on July 31, 2011. (consent) Council 2007-07-19 11 9.16 Authorize instituting a civil action against U.S. Water Services Corporation, to recover $2,216.60 for damage to City property. (consent) Councilmember Cretekos moved to approve the Consent Agenda as submitted and that motion the appropriate officials be authorized to execute same. The was duly seconded and carried unanimously. 10 - Other items on City Manager Reports 10.1 Authorize Supplemental Agreement 2 to an existing JPA with the FDOT for modifications to the Fixed Base Operation (FBO) Building at Clearwater Airpark, increasing Department (FDOT) funding by $200,000 and Agency (City of Clearwater) funding by $50,000 for a total of $250,000 and adopt Resolution 07-03. The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding for modifications to the FBO (Fixed Base Operator) Building at Clearwater Airpark, 1000 North Hercules Avenue by $250,000, including renovating the sewer system and the remediation of contaminated groundwater. FDOT will contribute $200,000 (80%) of the increase and the City will provide the remaining $50,000 (20%). The City’s portion will be provided by transferring $50,000 from the Central Insurance Fund unappropriated reserves. A third quarter budget amendment will recognize the budget transfer and the $200,000 grant to establish the project. This project will improve maintenance by connecting the building to the city's sewer system as opposed to the current failing septic tank/leech field system. The current system, left over from the old building on this site, requires monthly pump outs to remain operational. The estimated cost of the sewer line installation is $60,000. This FDOT grant also will assist in the biological remediation of contaminated groundwater at the site of the former airpark "fuel farm." A spill at this site in 2002 led to the removal and replacement of 310 tons of soil and expedited the removal of the existing underground fuel tanks and its replacement with above ground tanks at a new location on the airpark. The former fuel farm site has been monitored since the 2002 remediation effort. The Pinellas County Health Department requested submittal of a Remedial Action Plan (RAP) in correspondence dated April 15, 2007, which will require additional clean up. The current proposed cost of bio-remediation is $113,000. Councilmember Doran moved to authorize Supplemental Agreement 2 to an existing JPA with the FDOT for modifications to the Fixed Base Operation (FBO) Building at Clearwater Airpark, increasing Department (FDOT) funding by $200,000 and Agency (City of Clearwater) motion carried funding by $50,000 for a total of $250,000. The was duly seconded and unanimously. Resolution 07-03 was presented and read by title only. Councilmember Cretekos moved to pass and adopt Resolution 07-03 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. Council 2007-07-19 12 "Nays": None. Absent: Petersen. 10.2 Approve the Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water facilities impacted by FDOT’s S.R. 590 From West of Old Coachman Road to West of Coachman Crossing Roadway Improvement project, in the amount of $260,620 and adopt Resolution 07-18. Florida Department of Transportation (FDOT) has designed the roadway widening of S.R. 590 from West of Old Coachman Road to West of Coachman Crossing. The proposed improvements will include resurfacing the existing roadway, widening a section of pavement, replacing the existing signal by mast arm, and upgrading the drainage system. Construction is anticipated to begin by the beginning of 2008, and take approximately one year to complete. This roadway improvement project will necessitate the relocation or adjustment of the City’s water mains appurtenances within the project limits. The City of Clearwater’s Engineering Department has coordinated the design for these utility accommodations with FDOT representatives. FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of bid 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. Project will be competitively bid by FDOT. The engineer’s estimate for Waterline Relocation is $260,620. Councilmember Gibson 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 facilities impacted by FDOT’s S.R. 590 from West of Old Coachman Road to West of Coachman Crossing Roadway Improvement project, in the amount of motion carried $260,620. The was duly seconded and unanimously. Resolution 07-18 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution 07-18 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 10.3 Approve a First Amendment to a Land Lease Agreement dated July 26, 1995, with Crown Castle GT Company, LLC (successor in interest to GTE Mobilnet of Tampa, Inc.) for city-owned land in the Southeast ¼ of Sec. 21-28-16, granting options to extend for up to two additional five-year terms, with annual rent of $20,400 plus a percentage of collocation revenues Crown receives from sub-tenants, the rent being adjusted annually by the CPI and authorize the Item pulled by staff. appropriate officials to execute same. Council 2007-07-19 13 10.4 Adopt a proposed millage rate of 4.6826 mills for Fiscal Year 2007/08 and set public hearing dates on the budget for September 6, 2007 and September 20, 2007 to be held no earlier than 6:00 p.m. In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a proposed millage rate prior to finalizing and adopting the budget. This information must be provided to the Property Appraiser by July 27, 2007. The Property Appraiser must include this proposed millage rate and public hearing dates on the TRIM bill notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing to each taxpayer at the expense of the City, not less than 10 days and not more than 15 days before the final public hearing. The City Manager's recommended millage rate is 4.6826 mills, the maximum rate established by HB 1B, the Property Tax Reduction and Reform Law, which amended the method of establishing the millage rate for local governments. The millage rate of 4.6826 mills represents 93% of the rolled-back millage rate of 5.0351 mills. The rolled-back rate is the millage rate that will provide the same property tax revenue as was levied the prior year. If the recommended rate of 4.6826 mills is adopted, the City's ordinance adopting the millage rate will reflect a 7% decrease from the rolled-back rate of 5.0351 mills. Under the guidelines of the law, options for establishing the millage rate and an estimated impact on the 2008/09 property tax proceeds is attached. Other options for setting the millage rate are noted below. 4.6826 mills or less - Majority vote 5.0351 rolled-back rate - 2/3 vote 5.2088 mills or higher (current rate) - unanimous vote and referendum Tax proceeds for 2007/08 based upon the recommended rate of 4.6826 mills will be $50,147,600, in comparison to the $47,120,600 outlined in the preliminary budget, a difference of $3,027,000. Budget Director Tina Wilson reviewed changes made at Monday’s Work Session She also reported that after attending a training session at the Property Appraiser’s, the millage rate computation changed slightly. The recommended millage rate is now 4.6777. Councilmember Cretekos requested that cuts in the City’s cash contributions be felt by the entire community not just one local agency. Consensus was to discuss issue at the July 25 special meeting. Councilmember Cretekos moved to adopt a proposed millage rate of 4.6777 mills for Fiscal Year 2007/08 and set public hearing dates on the budget for September 6, 2007 and motion September 20, 2007 to be held no earlier than 6:00 p.m. The was duly seconded and carried unanimously. Miscellaneous Reports and Items Council 2007-07-19 14 11 - City Attorney Reports 11.1 Request for an Attorney-Client session to be held AUQust 2. 2007 at 4:30 p.m. to discuss the lawsuit filed bv Water's EdQe One. LLC aQainst the City of Clearwater and First Baptist Church of Clearwater. Pinellas County Circuit Case 07-006588-CI. Councilmember Gibson moved to schedule an Attorney/Client session on August 2, 2007, at 4:30 p.m. The motion was duly seconded and carried unanimously. 12 - Other Council Action Councilmembers reported on events on which they recently participated and reviewed upcoming events. Cretekos reported that Pinellas County is terminating its low flow toilet rebate program on September 30, 2007 and interested parties should contact 725-3604 for qualifications. Doran appreciated how well colleagues handled work session on Monday and emphasized how staff and local non-profits continue to improve services at reduced costs. Hibbard thanked staff for efforts in July 4 celebrations; wished General Doug Brown well on retirement; thanked Terry Davis, owner of Am-Max; and encouraged all to view the special meeting on July 25 as budget issues will be discussed. 13 - Adjourn The meeting adjourned at 7:17 p.m. ~ ///H ~yor City of Clearwater Council 2007-07-19 15