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08/14/2007 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 14, 2007 Present: Frank Hibbard Mayor John Doran Vice-Mayor Carlen Petersen Councilmember George N. Cretekos Councilmember Paul Gibson 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 Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Rev. Dr. Becky Burton from Peace Memorial Presbyterian 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. - Presentations 4.1 Service Awards One service award was presented to a City employee. Catherine Yellin, Marine & Aviation Department, was presented the August 2007 Employee of the Month Award. 4.2 Winners of the Diversity Poster Contest Eric Wilson, Neighborhood Services, introduced the Diversity Post Contest winners. 4.3 Introductions and Recognition of Young Ambassadors Elizabeth Nolan, Emily Martis, Martin McHale, Keenan Gimaginari, Stphan Musser and Samantha Skyler, Young Ambassadors to Nagano, Japan, were recognized. 5. - Approval of Minutes 5.1 Approve the minutes of the August 2, 2007 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Petersen moved to approve the minutes of the August 2, 2007 meeting, as recorded and submitted in written summation by the City Clerk to each Councilmember. The motioncarried was duly seconded and unanimously. Council 2007-08-14 1 6. - Citizens to be Heard re Items Not on the Agenda Shelly Korland acknowledged the passing of Mike Sabota and his contributions to the community; said Eric Wilson, Neighborhood Services, truly understands the relationship between neighborhood services and the community. Richard Sanderson and Christina Pyler reviewed problems at Crest Lake Park. Deputy Police chief Dewey Williams reviewed efforts to address the problems, which are not confined to Crest Lake Park. He said additional efforts are being considered. These issues will be discussed at a future Work Session. Tim Ponticelli invited all to a crime watch walk in the Gateway area on Saturday. Bill Berger expressed concern a propane tank was installed in front of a house close to the sidewalk; said the Building Code needs to be changed. Sheila Cole, Clearwater Beach Chamber of Commerce, said many complaints have been received regarding the condition of the beach. In response to a question, Parks & Recreation Director Kevin Dunbar said one of two rakes used to clean the beach is being refurbished and recently, an inordinate amount of seaweed has been deposited on the beach. Discussion ensued with recommendations to purchase a third rake and add more trash cans to the beach. Consensus was to discuss the matter at a later date. Public Hearings - Not before 6:00 PM 7. - Administrative Public Hearings 7.1 Approve an increase to the Traffic Calming C.I.P. 92259 budget by adding $4,686,000 of undesignated Penny for Pinellas funds, and approve work orders to Wade-Trim (Engineer-of- record) in the amount of $179,998.31 for design of the Wood Valley project and $428,042.04 for design of the Morningside project and authorize the appropriate officials to execute same. These contracts are for engineering, design, and construction administration services for traffic calming in the Morningside and Wood Valley neighborhoods. These traffic-calming projects are in response to long-standing resident requests for a solution to speeding vehicles in these residential neighborhoods. The projects provide traffic calming treatments throughout the neighborhoods and are included in the City’s traffic calming work program. The Morningside and Wood Valley neighborhoods are ranked 3 and 4, respectively, for traffic calming by number of crashes. The work involves design of conceptual Traffic Calming Plans that were developed by neighborhood residents at a City-sponsored charrette workshop, then field-verified by engineers. The Traffic Calming Plans are supported by petitions signed by the owners of approximately 65% of the parcels in the Morningside and Wood Valley neighborhoods. Council 2007-08-14 2 Work on the Morningside design will commence upon award and execution of the Work Order; the design work will be completed in 242 days; and the construction administration services administration will be completed at the end of construction, in approximately 10 additional months. Work on the Wood Valley design will commence upon award and execution of the Work Order; the design work will be completed in 218 days; and the construction administration services administration will be completed at the end of construction in approximately six additional months. Maintenance of the associated signing and pavement marking will be performed by Traffic Operations. Maintenance of the associated landscaping and irrigation will be performed by the Parks & Recreation Department. It was noted approval of this item accelerates implementation of planned traffic calming projects and does not take funds from one project for another. Two people spoke in support of the projects. One person spoke against the expenditure. Councilmember Cretekos moved to approve an increase to the Traffic Calming CIP 92259 budget by adding $4,686,000 of undesignated Penny for Pinellas funds, and approve work orders to Wade-Trim (Engineer-of-record) in the amount of $179,998.31 for design of the Wood Valley project and $428,042.04 for design of the Morningside project and authorize the motioncarried appropriate officials to execute same. The was duly seconded and unanimously. 7.2 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 2767 Morningside Drive (Lot 10, Block L, Carlton Terrace First Addition, Sec. 05- 29-16); and Pass Ordinances 7846-07, 7847-07 and 7848-07 on first reading. (ANX2007-06014) This voluntary annexation petition involves a 0.201-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Morningside Drive approximately 650 feet east of Evans Drive. The applicant is requesting this annexation in order to receive solid waste service from the City. The property is within an enclave but is not contiguous to existing City boundaries. 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). This property is contiguous to a water/drainage feature. 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: In November 2003, an Agreement to Annex was signed by a previous owner which allowed City sewer service to be extended to this property. That property owner paid all of the City’s sewer impact and assessment fees. 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 Council 2007-08-14 3 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. The property proposed for annexation is located within an enclave, is not contiguous to existing municipal boundaries but is within the City’s urban service area; therefore the annexation is consistent with Section 6(1)(b) 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 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 2767 Morningside Drive (Lot 10, Block L, Carlton motion Terrace First Addition, Sec. 05- 29-16). The was duly seconded and carried unanimously. Ordinance 7846-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7846-07 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 7847-07 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7847-07 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 7848-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7848-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. Council 2007-08-14 4 "Nays": None. 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 a part of the property addressed as 2186 Drew Street (a part of Lot 13, Pine Dell, Sec. 12-29-15); and Pass Ordinances 7849-07, 7850-07 and 7851-07 on first reading. (ANX2007-06015) This voluntary annexation petition involves a 0.0042-acre part of a 1.34-acre property consisting of one parcel of land occupied by a retail use. It is located on the south side of Dell Avenue approximately 80 feet west of Belcher Road. The applicant is requesting this annexation in order to have all of the property within the municipal boundaries of the City. In April 1973, the City Commission approved Ordinance 1447. This Ordinance annexed many properties into the City limits of Clearwater including the majority part of 2186 Drew Street. The Ordinance did not include the subject part of 2186 Drew Street. This part of the property is within an enclave and adjacent to City boundaries. It is proposed that this part of 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: All of the City’s sewer impact and assessment fees have been paid and the City is currently providing service. Collection of solid waste is being 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 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 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 this part of the property is the Low Medium Density Residential District. The use of this part of the property is vacant. The remainder of the property has a Commercial General (CG) Future Land Use Plan category and an assigned zoning district of Commercial (C). 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 PPC staff has reviewed this annexation and no objections were raised. Councilmember Cretekos 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 a part of the property addressed as 2186 Drew Street (a motioncarried part of Lot 13, Pine Dell, Sec. 12-29-15). The was duly seconded and unanimously. Council 2007-08-14 5 Ordinance 7849-07 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 78549-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7850-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7850-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7851-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7851-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.4 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) Category to the Residential Medium (RM) Category for property located at 2990 Tanglewood Drive (consisting of a portion of Sec. 17- 29-16 in Metes and Bounds 11/02 and 11/01); and Pass Ordinance 7843-07 on first reading. (LUZ2007-05002) This Future Land Use Plan (FLUP) amendment application involves property comprising approximately 37.09 acres in area and located at the southwest corner of the intersection of Drew Street and Bayview Avenue. This property, formerly known as Jasmine Courts, has a FLUP classification of Residential Urban (RU) and a zoning designation of Medium Density Residential (MDR). The applicant is requesting to amend the FLUP designation of the site to the Residential Medium (RM) classification in order to construct up to 556 attached dwellings. The Planning Department determined that the proposed future land use plan amendment, as recommended, is consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment is consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The proposed land use plan amendment will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the PPC and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. The CDB (Community Development Board) reviewed this application at its public hearing on July 17, 2007, and unanimously recommended approval of the Future Land Use Plan amendment. Council 2007-08-14 6 Councilmember Cretekos moved to approve a Future Land Use Plan Amendment from the Residential Urban (RU) Category to the Residential Medium (RM) Category for property located at 2990 Tanglewood Drive (consisting of a portion of Sec. 17-29-16 in Metes and Bounds 11/02 and 11/01). The motion was duly seconded and carried unanimously. Ordinance 7843-07 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7843-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 8. - Second Readings - Public Hearing 8.1 Adopt Ordinance 7729-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1980 Kings Highway, from Institutional to Residential Medium. Ordinance 7729-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7729-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 8.2 Adopt Ordinance 7730-07 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1980 Kings Highway, from Institutional (I) to Medium Density Residential (MDR). Ordinance 7730-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7730-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 8.3 Adopt Ordinance 7775-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 2060 Evergreen Avenue, from Residential Urban to Residential Medium. Council 2007-08-14 7 Ordinance 7775-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7775-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 8.4 Adopt Ordinance 7782-07 on second reading, making amendments to the Comprehensive Plan of the city as adopted on May 18, 2000, and amended on July 12, 2001, October 7, 2004, and October 20, 2005, by amending the recreation and open space element, but amending and adding policies and objectives; adding trails to the list of facilities in Objective 27.2; adding Pinellas County to Joint Use Agreement partners in Policy 27.2.5; adding open spaces to Objective 27.5; rewording Policy 27.5.3 for clarity; adding Policy 27.5.5 providing for coordination with federal, state, and local agencies and nonprofits to manage natural areas and open space; adding Policy 27.5.6 providing for enhancement of open space and natural areas by restoring degraded natural communities and eradicating non-native vegetation; adding Objective 27.6 for development and enhancement of blueways, greenways, and recreational trail systems; adding Policy 27.6.1 regarding greenways and trails; adding Policy 27.6.2 for provision of new or enhanced/maintained access to waterbodies for recreational use. Ordinance 7782-07 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7782-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. City Manager Reports 9. - Other items on City Manager Reports 9.1 Approve amendment of an agreement with the YWCA for services delivered under a FY 2006 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant that funds the Clearwater Area Task Force on Human Trafficking, to provide one full-time Human Trafficking case management position. Councilmember Petersen declared a conflict of interest. On April 6, 2006, the City Council approved acceptance of the above-referenced grant and an accompanying agreement with the YWCA to deliver contractual services under the grant. These services included training, advice, and counseling to human trafficking victims, interpreter services, document translation, and participation in the task force coalition, all at a rate of $15 per hour for a maximum of $45,000, to be funded by the grant. The Task Force includes a partnership with World Relief, which received a separate DOJ/BJA grant that was designated to provide funding for social services for the human trafficking victims that Clearwater’s task force uncovers. World Relief also has a contractual agreement with the YWCA to provide partial payment of the salary and benefits for a full-time Council 2007-08-14 8 Human Trafficking case management position. The amount budgeted in World Relief’s grant was insufficient to hire a qualified full-time case management specialist. On May 17, 2007, DOJ/BJA approved a budget modification submitted by Clearwater to reallocate $26,860 of the $45,000 budgeted in its grant to provide partial payment of the balance of the salary and FICA for the full-time human trafficking case management position at the YWCA. The remaining $18,140 of the $45,000 in grant funds budgeted for contractual services provided by the YWCA will still be utilized for the originally stated purposes. The City’s maximum liability under this contract remains at $45,000, funded by the grant. Councilmember Doran moved to approve amendment of an agreement with the YWCA for services delivered under a FY 2006 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant that funds the Clearwater Area Task Force on Human Trafficking, to provide motion one full-time Human Trafficking case management position. The was duly seconded. Councilmembers Doran, Cretekos, Gibson, and Mayor Hibbard voted “Aye.” Councilmember carried. Petersen abstained. Motion 9.2 Approve extension of agreements with the YWCA of Tampa Bay by one year to provide contractual services for “Operation Apoyo Hispano” and authorize the appropriate officials to execute same. Councilmember Petersen declared a conflict of interest. On October 20, 2005, the City Council approved acceptance of a FY (Fiscal Year) 2005 Justice Assistance Grant (JAG) in the amount of $101,553 and a contractual agreement with the YWCA of Tampa Bay to administer services for “Operation Apoyo Hispano,” including advocacy, interpretation, translation of documents, and crime prevention/education activities. These contractual expenses were to be spread out over a two-year period of October 1, 2005 - September 30, 2007. The actual expiration date for the federal grant is September 30, 2008. On May 30, 2006, the City Council approved acceptance of a FY 2006 JAG in the amount of $66,807 and a contractual agreement with the YWCA of Tampa Bay to continue the above-referenced grant program. These contractual expenses were to be spread out over a one-year period of October 1, 2007 - September 30, 2008. The actual expiration date for the federal grant is September 30, 2009. A recent evaluation of the FY 2005 JAG budget reveals a balance of approximately $35,000 in unspent grant funds. The YWCA has advised the Police Department that it will not have sufficient expenses to be billed against all of those funds by September 30, 2007. In order to allow the YWCA and Police Department more time to expend the FY 2005 JAG funds, the Police Department is now seeking a one-year extension of the City’s contractual agreement with the YWCA from September 30, 2007 to September 30, 2008, which is the end date of the federal grant period. Once all of the FY 2005 JAG funds have been exhausted, the FY 2006 JAG funds will be utilized for payment of contractual services with the YWCA. This will necessitate a one-year extension of the City’s contractual agreement with the YWCA for that grant as well, from September 30, 2008 to September 30, 2009, which is the end date for that federal grant period. There are no additional costs associated with the extension of time for either of these Council 2007-08-14 9 contractual agreements. The extensions of time will simply allow Clearwater to utilize all of the federal grant funds to which it is entitled. Councilmember Cretekos moved to approve an extension of agreements with the YWCA of Tampa Bay by one year to provide contractual services for “Operation Apoyo Hispano” and motion authorize the appropriate officials to execute same. The was duly seconded. Councilmembers Doran, Cretekos, Gibson, and Mayor Hibbard voted “Aye.” Councilmember carried. Petersen abstained. Motion 9.3 Approve settlement of the liability claim of Joseph Valley for payment of $100,000. On November 30, 2006, a police officer, driving a City vehicle with lights and siren, was pursuing a vehicle believed to contain armed suspects wanted for a felony. Joseph Valley was operating his vehicle when he heard and saw an approaching police car and drove his vehicle off to the side of the road to get out of the way of the police car. The police car caught up with the fleeing vehicle and attempted to disable the fleeing vehicle by hitting the vehicle with the police car. Unfortunately the maneuver was unsuccessful, and the fleeing vehicle escaped and the police car went out of control and hit Mr. Valley’s parked vehicle. Mr. Valley’s vehicle was a total loss. Mr. Valley was Bayflighted from the scene and later diagnosed with a concussion, soft tissue injuries to his back, knee, and elbow, and a herniated cervical disc at C5-6. Mr. Valley treated conservatively for all injuries, and incurred $41,222 in medical expense. A cervical fusion was suggested as appropriate treatment for his neck injury if conservative care did not result in satisfactory improvement. To date, Mr. Valley has not had any neck surgery, but if he does the cost would exceed $40,000. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City’s Risk Management Division and City’s Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Councilmember Gibson moved to approve settlement of the liability claim of Joseph motioncarried Valley for payment of $100,000. The was duly seconded and unanimously. 9.4 Approve the City’s intention to be reimbursed from the proceeds of tax-exempt financing for certain capital expenditures, approve a contract extension with SunTrust Leasing Corporation to provide lease purchase financing, authorize the appropriate officials to execute same and adopt Resolution 07-20. The City uses lease purchase financing to pay for certain capital equipment. Lease purchase financing allows the City to pay for items over their useful life. The City’s contract with SunTrust Leasing, which expires on September 30, 2007, has a provision for two one-year extensions. This is the second extension. Resolution 07-20 allows the City to pay the vendors and then be reimbursed from Sun Trust Leasing. Approval of this resolution and lease purchase contract does not represent a commitment to borrow. Decisions to lease purchase specific items of equipment must be budgeted for or approved separately in accordance with the City’s purchasing policy. Councilmember Petersen moved to approve the City’s intention to be reimbursed from the proceeds of tax-exempt financing for certain capital expenditures, approve a contract Council 2007-08-14 10 extension with SunTrust Leasing Corporation to provide lease purchase financing, authorize the motioncarried appropriate officials to execute same. The was duly seconded and unanimously. Resolution 07-20 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution 07-20 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.5 Approve a Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Enterprise Dog Park, in the amount of $200,000, with the State of Florida Department of Environmental Protection and authorize the appropriate officials to execute same, establish capital improvement project "Enterprise Dog Park" in the amount of $400,000 and approve the expenditure of Recreation Impact Fees in the amount of $118,000 for this project. Included in the FY 2006/2007 CIP budget is a project to develop a dog park in North Clearwater in FY 2009/2010, to be funded in part by a grant from the State. The City has been awarded a grant in the amount of $200,000 to construct a dog park in the Countryside area of Clearwater on the south side of Enterprise Road, ¼ mile east of US Hwy 19. The project will provide a second dog park within the city limits of Clearwater. The American Veterinary Medical Association estimates that approximately 17,490 households in Clearwater own 27,984 dogs. The only dog park presently within Clearwater is located at Crest Lake Park, and many of its users travel more than 10 miles to use the facility. The project will develop a 20-acre parcel on the south side of Enterprise Road, east of US Hwy 19. The park will consist of three dog runs, trails, a parking area, fencing, landscaping, and a dog exercise course. Staff is recommending that $118,000 of recreation impact fees and $82,000 of general fund operating funds be transferred at third quarter to meet the match for this project. Parks and Recreation will own and be responsible for maintenance of this facility. Since this is existing recreation land maintained by the City, no new operating resources or staff will be required to support this facility. Minimal operating costs for electricity, water and trash removal will be approximately $24,000 per year, which will be absorbed in the existing budget. In response to a question, Mr. Dunbar said the only additional expenses are for electrical, trash, and utilities. Parking will be added and it will be clear that this is a dog park. The City originally acquired this land from a developer. Councilmember Cretekos moved to approve a Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Enterprise Dog Park, in the amount of $200,000, with the State of Florida Department of Environmental Protection and authorize the appropriate officials to execute same, establish capital improvement project "Enterprise Dog Park" in the amount of $400,000 and approve the expenditure of Recreation Impact Fees in the motioncarried amount of $118,000 for this project. The was duly seconded and unanimously. Council 2007-08-14 11 9.6 Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Countryside Park Improvements, in the amount of $200,000, with the State of Florida Department of Environmental Protection and authorize the appropriate officials to execute same. The City has been awarded a grant in the amount of $200,000 to provide enhancements to Countryside Community Park, including the renovation of the playground, picnic facilities, and construction of a new restroom/storage/concession building. This total project budget is $425,000. The City already has received a grant from Pinellas County in the amount of $125,000. The Countryside Little League has committed to raising $75,000 for this project, and Clearwater for Youth has committed $25,000. The project includes enhancements to the playground to provide “limitless” features to facilitate play for all abilities, a new trail connecting to the future Progress Energy Trail, additional picnic facilities, and the construction of restroom/storage/concession building. The current concession building is in a less than desirable location, over 20 years old and in need of major renovations. The existing restroom building is inconveniently located on the southeastern portion of the park as it was constructed prior to the athletic fields. The City has hired the firm of Fowler and Associates to perform engineering design services for the new restrooms/concession building. The new single-story concrete block building will contain restrooms, storage, concession area, meeting room, and an office. When constructed, the new building will replace three existing buildings, which will be demolished as part of this project. The consolidation will not require any additional operating or staff resources. The park improvements, (playground, picnic facilities and court resurfacing) were part of the City’s capital improvement replacement program and will require no new resources to maintain. This facility will be owned and maintained by Parks and Recreation. Councilmember Gibson moved to approve a Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Countryside Park Improvements, in the amount of $200,000, with the State of Florida Department of Environmental Protection and motion authorize the appropriate officials to execute same. The was duly seconded and carried unanimously. 9.7 Approve the final plat for “CLEARWATER VILLAGE PHASE ONE-A,” located at 1312 State Street, approximately 700 feet east of Betty Lane. This is a replat of a portion of lot 10, E.A. Marshall subdivision and a portion of Clearwater Village Phase 1. The property is within the City limits of Clearwater consisting of 0.5 acres more or less. The final plat will create 5 townhome lots. The proposed project was approved by Development Review Committee on September 12, 2002 and by the CDB on December 24, 2002. The property is zoned as Medium Density Residential (MDR). Councilmember Petersen moved to approve the final plat for “CLEARWATER VILLAGE PHASE ONE-A,” located at 1312 State Street approximately 700 feet east of Betty Lane. The motioncarried was duly seconded and unanimously. 9.8 Approve an Interim Traffic Calming Recommendation from staff at an estimated cost of $34,000 for Morningside to install speed tables on Stewart Blvd. and on Harn Blvd. until the formal traffic-calming plan is implemented in FY 2008/09. Council 2007-08-14 12 Speed tables are to be deployed on Stewart Boulevard, Summerlin Drive, between Stewart Boulevard and Fairbanks Drive, Williams Drive, between Stewart Boulevard and Ranchwood Drive, and on Harn Boulevard on an interim basis and will be removed once the formal traffic calming is deployed. There is 65% consensus of the property owners on Stewart Boulevard and 65% consensus of the property owners on Harn Boulevard. Traffic Operations Division and Public Services Department will maintain the speed tables and associated signing and markings. The speed tables will be installed by the City's Public Services Department personnel. In response to a question, Traffic Engineer Paul Bertels said plastic speed bumps have a short life, are dangerous, and offer little benefit. A future discussion was requested regarding requiring neighborhood contributions to the cost of interim traffic calming projects. Councilmember Doran moved to approve an Interim Traffic Calming Recommendation from staff at an estimated cost of $34,000 for Morningside to install speed tables on Stewart Boulevard and on Harn Boulevard until the formal traffic-calming plan is implemented in FY motioncarried 2008/09. The was duly seconded and unanimously. 9.9 Ratify and confirm payment of invoices to Progress Energy Lighting Solutions - Florida to install lighting and related components on various portions of the Beach Walk project area, in the amount of $251,249.07. An integral part of the Beach Walk project is the installation of decorative street lighting. The streetlights are being installed by Progress Energy. Due to the magnitude of the Beach Walk project, Progress Energy considers it a new installation, rather than a streetlight replacement job. Six separate invoices total $251,249.07, which include roadway lighting on Hamden and Gulfview and parking lot lighting in Pier 60 parking lot and parking lot 32 south. Maintenance of these streetlights will be done by Progress Energy. Ongoing monthly rental fees, in the amount of $6,084.18, have been factored into the FY 2007/08 operating budget for Traffic Engineering. In response to questions, the City Attorney said the City is pursuing reimbursement for delays from Progress Energy that is a separate issue. City Engineer Mike Quillen said streetlights will be installed in the parking lot and along Gulfview Boulevard. This item will cover monthly rent and upfront costs for conduit, etc. Councilmember Cretekos moved to approve ratifying and confirming payment of invoices to Progress Energy Lighting Solutions - Florida to install lighting and related components on various portions of the Beach Walk project area, in the amount of $251,249.07. motioncarried The was duly seconded and unanimously. 9.10 Amend Chapter 24, Article III, Wellhead Protection to update the ordinance in accordance with current Florida Administrative Code requirements and pass Ordinance 7800-07 on first reading. The City’s current wellhead protection ordinance was adopted in June 1991. Since then, there have been changes in the Florida Administrative Code – Chapter 62 - to restrict certain activities adjacent to water supply wells that could pose a risk to ground water quality. In addition, the 1991 ordinance applied only to nonresidential development. The City currently has Council 2007-08-14 13 19 potable water supply wells used to supplement purchased water, with plans to expand to approximately 40 wells in the next few years. This proposed ordinance will apply to new activities adjacent to existing or new wells. Specifically, the ordinance will require a Wellhead Protection Permit for any new nonresidential activity within 500 feet of a well or new residential activity within 100 feet of a well. If any potentially contaminating material is proposed to be used or stored within these zones, a Protection-Containment Plan will be required. With this revision, the City’s ordinance will be updated in accordance with current Florida Administrative Code requirements including restrictions on residential development. Councilmember Gibson moved to amend Chapter 24, Article III, Wellhead Protection to update the ordinance in accordance with current Florida Administrative Code requirements. motioncarried The was duly seconded and unanimously. Ordinance 7800-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7800-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.11 Provide Direction on Proposed Amendments to the Countywide Rules Addressing Temporary Lodging Uses. Planning Director Michael Delk said the PPC and Pinellas County are proposing amendments to the Countywide Rules to increase the allowable density for overnight accommodations throughout the County. These proposals are scheduled for public hearing at the Countywide Planning Authority (CPA) meeting of August 7, 2007. The proposed amendment from the PPC would: 1) Provide an alternative density for temporary lodging (hotel) uses that would range between 45 – 125 temporary lodging units per acre depending on parcel size and future land use category; 2) Require temporary lodging uses to comply with both density and Floor Area Ratio (FAR) standards; 3) Require that projects utilizing the alternative density enter into a Development Agreement with the City, subject to review and recommendation by the PPC and approval by the CPA; and 4) Require that projects utilizing the alternative density comply with Design Considerations (to be addressed as part of the Development Agreement), transportation concurrency management provisions through the submittal of a transportation analysis, and certain operating characteristics and restrictions for temporary lodging uses. The amendment from the County has generally the same requirements with two differences: 1) It would necessitate that a land use amendment be processed for every hotel that would propose to utilize the increased density and 2) It does not require that a Development Agreement be entered into between a developer and the City in order to utilize the increased density. The Planning Department supports increasing allowable densities for temporary lodging (hotels). It is concerned, however, that the proposed revisions to the Countywide Rules may not produce the desired outcome of new hotel development on Clearwater Beach. Of particular concern is the relationship between hotel densities and lot size requirements, the combination of Council 2007-08-14 14 those densities with Floor Area Ratios, and the requirement for projects to enter into development agreements that must be reviewed and approved by the CPA. These concerns are further discussed in the white paper. Further, the Planning Department would propose an alternative relevant to Clearwater Beach, which is discussed in the paper and for which direction is being sought from the City Council. Mr. Delk said economic research indicates densities for beach overnight accomodations need to be higher than for condominiums. While staff supports PPC’s efforts, they do not go far enough to address what is needed on Clearwater beach. Mr. Delk recommended the City support and adopt the PPC proposal and apply it to Tourist districts, and consider a large-scale amendment to increase density in Beach by Design. Massing, hotel scale, and other issues also require consideration. He said staff could mitigate DCA (Florida Department of Community Affairs) concerns. In response to a question, Mr. Delk said while suburban models feature higher densities and are surrounded by substantial open space, that circumstance does not exist on Clearwater beach, where higher densities on smaller pieces of land would be necessary. The goal is to increase the number of allowable units but not the size of the box. It was remarked that the changes may result in some hotels lacking onsite parking. Staff envisions that changes will not result in the construction of resort facilities but mid-priced and mid-sized hotels. Mr. Delk said city staff recommends support of PPC alternative A2.. Councilmember Doran moved to direct staff to draft a letter to the BOCC that Clearwater motioncarried prefers PPC proposed Alternative A2. The was duly seconded and unanimously. Discussion ensued regarding sequencing Beach by Design amendments. Mr. Delk said the City will incorporate final changes in its ordinances. Ms. Clayton said after making necessary changes to the Comprehensive Plan and Beach by Design, the City would forward the changes to the DCA. Staff supports PPC Alternative A2 plan, as long as it only addresses overnight accommodations. It was suggested that public meetings be scheduled to discuss the amendments, with at least one meeting on the beach. Discussion ensued regarding the need to determine what will be acceptable development that the industry will be willing to build. Staff was directed to draft a proposal for increased density for overnight accommodations within the Beach by Design area and to schedule a public meeting on the proposal. Miscellaneous Reports and Items City Attorney Solicitation in Rights-of-Way – State Statute in conflict with City Code The City Attorney reported the Legislature had adopted an ordinance related to solicitation in rights-of-way and suggested the City follow State Statute until the Attorney General renders an opinion. Council 2007-08-14 15 Concern was expressed that the City was unaware of this legislation being filed. City Clerk Cyndie Goudeau said staff has requested more frequent communication with City lobbyists in order to stay better informed. 10. - City Manager Verbal Reports The City Manager said staff tries to provide services as efficiently as possible and the timing of equipment replacement is a judgment call. Assistant City Manager Garry Brumback said this has been the best job he has ever had. 11. - Other Council Action Council members reported on events in which they recently participated and reviewed upcoming events; enjoyed working with Assistant City Manager Brumback and wished him well in his new position as City Manager of Baytown, Texas. Councilmember Cretekos expressed condolences to the family of James Hess regarding his passing; requested Council support a message to FLC opposing a dues increase. Councilmember Petersen said new Got Gov class is starting soon. Councilmember Doran said the new Citizen's Police Academy class is starting; thanked Ross Norton Foundation and others for providing back to school backpacks. Mavor Hibbard requested that Senators Nelson and Martinez start a Federal CAT fund; suggested the City apply for a FRDAP grant for McMullen Tennis Center. Mr. Brumback said the required $200,000 match for the FRDAP grant was not budgeted. No direction was given. 12. - Adjourn The meeting adjourned at 10:10 p.m. -=t-,.~ K~ ~ayor City of Clearwater Attest: Council 2007-08-14 16 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS T NAME-FIRST NAME-MIDDLE NAME COUNTY Pinellas NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Cl a C' Council THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: M CITY 0 COUNTY NAME OF POLITICAl SUBDIVISION: ~ity of Clearwater MY POSITION IS: o OTHER LOCAL AGENCY MAILING ADDRESS CITY ~learwater DATE ON WHICH VOTE OCCURRED August 14, 2007 IX ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES terson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- re which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. ' For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made ~ou or at your direction. .OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Carlen Petersen , hereby disclose that on Augus t ] 4 2007 . '-' (a) A measure came or will come before my agency which (check one) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom 1 am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by ,which #9.1 Approve amendment of an agreement with the YWCA for services delivered under a FY 2006 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant that funds the Clearwater Area Task Force on Human Trafficking, to provide one full-time Human Trafficking case management position. Member of the YWCA Board. ~ - ~\.- O~ ~ c r~~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 I ~ MAILING ADDRESS FORM 88 MEMORANDUM OF VOTING CONFLICT FOR 'COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE Cl a Council THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: M CITY 0 COUNTY NAME OF POLITICAL SUBDIVISION: ~ity of Clearwater MY POSITION IS: NAME-FIRST NAME-MIDDLE NAME CITY COUNTY Pinellas o OTHER LOCAL AGENCY ~learwater DATE ON WHICH VOTE OCCURRED August 14, 2007 ~ ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which .es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- e which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. . For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made .ou or at your direction. OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency; and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Carlen Petersen , hereby disclose that on August 14 ,2rfJ7 . -. (a) A measure came or will come before my agency which (check one) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: . by ,which #9.2 Approve extension of agreements with the YWCA of Tampa Bay by one (1) year to provide. contractual services for "Operation Apoyo Hispano" and authorize the appropriate officials to execute same. Member of the YWCA Board. €-3- u.., c~ C' r~~ Signature Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2