05/04/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
May 4, 2006
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
Hoyt P. Hamilton Councilmember
William C. Jonson Councilmember
John Doran Councilmember
Also present: Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Father James Rousakis from the Greek Orthodox Church of the Holy Trinity. The
Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
4 - Introductions and Awards:
- None.
5 - Presentations:
5.1 Proclamation - Municipal Clerks Week - April 30 - May 6, 2006
5.2 Proclamation - National Drinking Water Week - May 7-13, 2006
5.3 Proclamation - Emergency Medical Services Week - May 14-20, 2006
5.4 Proclamation - National Tourism Week - May 14-20, 2006
5.5 "Check" from Police Volunteers – representing the value of service given.
6 - Approval of Minutes
6.1 City Council Meeting - April 20, 2006
AND
6.2 City Council Special Meeting (Closed Attorney/Client Session) - May 1, 2006
Councilmember Jonson moved to approve the minutes of the regular meeting of April 20,
2006, and Special Meeting of May 1, 2006, as recorded and submitted in written summation by
motioncarried
the City Clerk to each Councilmember. The was duly seconded and
unanimously.
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7 - Citizens to be Heard re Items Not on the Agenda
Jay Keyes, representing the CBA (Clearwater Beach Association), recommended the
City increase its subsidy of the Jolley Trolley to cover shortfalls.
Joe Evich reported neighborhood concerns regarding the new Morningside Community
Center relate to traffic and the facility’s size and he looked forward to working with staff to reach
a solution. He recommended increasing the City’s subsidy for the Jolley Trolley.
Sherry Yagovane expressed disappointment that Clearwater firefighters cannot
participate in the IAFF (International Association of Fire Fighters) MDA (Muscular Dystrophy
Association) boot drive during on-duty hours.
Sondra Kerr, representing the Clearwater Neighborhoods Coalition, reported the
coalition’s first workshop, on hurricane preparedness, is scheduled for May 25, 2006, at the
Main Library.
Public Hearings - Not before 6:00 p.m.
8 - Administrative public hearings
8.1 Pass Ordinance 7616-06 on first reading, establishing the Mobile Home Transition Program;
amending the Community Development Code to add Section 4-202A.26, additional requirement
for applicants regarding adequate facilities for relocation; adding Section 4-610, providing a
Level Three procedure for determination of adequate facilities; providing for qualifying
governmental action; providing for applicant responsibilities; providing for statutorily required
council action and conditional final decision; providing standards for review; creating Code of
Ordinances Section 34.01-34.12, Supplemental Rental Assistance Payment Fund, with
alternatives and criteria.
Florida Statutes Section 723.083 restricts the ability of local governments to take action
including rezoning that would result in removal or relocation of mobile home owners without first
making an affirmative finding that adequate mobile home parks or other suitable facilities exist
for such relocation. This Ordinance provides for a Mobile Home Transition Program to operate
in such situations. Pinellas County adopted a similar ordinance in December 2005.
Establishment of the Program entails amendments to both the Community Development Code
and the Code of Ordinances.
Amendment to add Subsection 4-202A.16 adds to the application procedures a
requirement that if approval will result in removal/relocation of mobile home owners residing in a
mobile home park, information must be provided sufficient to show that adequate parks or other
facilities exist for relocation. Amendment to add Section 4-610 provides for a procedure to
determine that adequate parks or other facilities exist, provides for review by staff, Community
Development Board, and City Council, provides for conditional approval in lieu of an affirmative
finding upon deposit by applicant into the Supplemental Rental Assistance Payment Fund or
alternative means of assurance, and provides a standard for review. Amendment to Code of
Ordinances to add Sections 34.01-34.12 creates the Supplemental Rental Assistance Fund,
provides a method of calculating deposits into the Fund, provides for housing counseling
services to mobile home owners, and provides for supplemental rental assistance payments to
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qualified mobile home owners for whom affordable replacement housing has not been identified,
with eligibility criteria specified. Payments are to be made to the lessor of the mobile home
owner for up to a 24-month consecutive period.
The City Attorney reported Pinellas County is willing to contract with cities to administer
this program.
Councilmember Jonson moved to establish the Mobile Home Transition Program;
amending the Community Development Code to add Section 4-202A.26, additional requirement
for applicants regarding adequate facilities for relocation; adding Section 4-610, providing a
Level Three procedure for determination of adequate facilities; providing for qualifying
governmental action; providing for applicant responsibilities; providing for statutorily required
council action and conditional final decision; providing standards for review; creating Code of
Ordinances Section 34.01-34.12, Supplemental Rental Assistance Payment Fund, with
alternatives and criteria.
Ordinance 7616-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7616-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9 - Quasi-judicial public hearings
9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas
Amendment from the County R-2, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 3076 Cherry Lane (consisting of a portion of metes and
bounds 22/28 in Section 16-29-16); and Pass Ordinances 7607-06, 7608-06 & 7609-06 on first
reading
This annexation involves a 0.189-acre property consisting of one parcel, located on the
north side of Cherry Lane, approximately 135 feet west of McMullen-Booth Road. The property
is contiguous with the existing City boundaries to the west; therefore, the proposed annexation
is consistent with Florida Statutes with regard to voluntary annexation. The applicant is
requesting this annexation in order to receive solid waste service from the City. 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 following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The proposed annexation is located within an
enclave and its annexation will reduce such enclave.
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This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff
in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no
objections have been raised. The Community Development Board reviewed this proposed
annexation at its regularly scheduled meeting on March 21, 2006 and unanimously
recommended approval.
Councilmember Doran moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Urban (RU) Category to the City Residential
Urban (RU) Category and Zoning Atlas Amendment from the County R-2, Single-Family
Residential District to the City Low Medium Density Residential (LMDR) District for 3076 Cherry
motion
Lane (consisting of a portion of metes and bounds 22/28 in Section 16-29-16). The was
carried
duly seconded and unanimously.
Ordinance 7607-06 was presented for first reading and read by title only.
Councilmember Hamilton to pass Ordinance 7607-06 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7608-06 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance 7608-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7609-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7609-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
10 - Second Readings - public hearing
10.1 Adopt Ordinance 7610-06 on second reading, annexing certain real property whose post
office address is 1737 Lucas Drive, into the corporate limits of the City and redefining the
boundary lines of the City to include said addition.
Ordinance 7610-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7610-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
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"Nays": None.
10.2 Adopt Ordinance 7611-06 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 1737 Lucas Drive, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance 7611-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7611-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
10.3 Adopt Ordinance 7612-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 1737 Lucas Drive, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7612-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7612-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
10.4 Adopt Ordinance 7613-06 on second reading, vacating a portion of Section 9-29-15, being
a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots
2 and 3 of Jones Subdivision of Nicholson's Addition to Clearwater Harbor; three drainage and
utility easements and one ingress/egress easement; subject to applicant fulfilling all obligations
and requirements described herein.
Ordinance 7613-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7613-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
10.5 Adopt Ordinance 7628-06 on second reading, vacating the two five-foot drainage and utility
easements, one lying along the north property line of Lot Four of Unit Two, Island Estates of
Clearwater, and the other five-foot drainage and utility easement lying along the south property
line of Lot Five of Unit Two, Island Estates of Clearwater.
Ordinance 7628-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7628-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
10.6 Adopt Ordinance 7630-06 on second reading, making amendments to the Community
Development Code by amending Zoning District Table 2-504 High Density Residential district to
increase the minimum off-street parking requirement for residential infill projects from 1 space to
2 spaces per unit; amending Article 3, Development Standards, Section 3-1803.I, Signs, to
amend the exception for the prohibition of sandwich board signs; and amending Section 3-1805,
to permit sandwich board signs during public construction projects, and size and material
standards for such signs.
Ordinance 7630-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance 7630-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Doran, and Hibbard.
"Nays": Jonson.
Motion carried
.
10.7 Adopt Ordinance 7632-06 on second reading, amending Chapter 33, Section 33.114, Code
of Ordinances, relating to vessels and aircraft prohibited in certain areas, to add a defined area
for no vessels around Pier 60.
Ordinance 7632-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7632-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
City Manager Reports
11 - Consent Agenda – Approved as submitted.
11.1 Reappoint Mr. Frederick I. Ziegler to a two-year term as a Trustee of the Clearwater
Firefighters’ Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State
Statutes. (consent)
11.2 Approve settlement of the liability claim of Mathew Owen for payment of $35,000 and
authorize the appropriate officials to execute same. (consent)
11.3 Approve the collective bargaining agreements as negotiated between the City of
Clearwater and IAFF Local 1158, Fire District Chiefs, for Fiscal Years 2002/2003, 2003/2004,
2004/2005, and 2005/06 and authorize the appropriate officials to execute same. (consent)
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11.4 Approve Agreement between the School Board of Pinellas County and the City of
Clearwater for a term from June 11, 2006 through June 10, 2007 for the City to utilize Pinellas
County School buses at a cost of $1 per mile plus $18.20 per hour, for a total estimated cost of
$45,000 and the appropriate officials be authorized to execute same. (consent)
11.5 Approve a Partnership and Operational Support Agreement from May 4, 2006 through May
3, 2011, between the City of Clearwater and City Players, Inc., to provide a summer musical
production at Ruth Eckerd Hall and provide first year funding of $26,000. (consent)
Myron Daniels, representing the City Players, reviewed the group’s history and thanked
staff for their help.
11.6 Declare vehicles 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. (consent)
11.7 Approve a supplement to the Local Agency Program (LAP) Agreement with the Florida
Department of Transportation to add $3,822,000 of federal funding for the construction of Beach
Walk and authorize the appropriate officials to execute same. (consent)
11.8 Approve award of the Lift Station 58 Rehabilitation (03-0094-UT) to TLC Diversified,
Incorporated of Palmetto, Florida in the amount of $1,459,892.17, in accordance with City Code
Sec. 2.564(d), other governmental bid, and that the appropriate officials be authorized to
execute same. (consent)
11.9 Appoint Jamie Andrian Blackstone in the resident category and Patrick O'Neil in the
Agency or Government Representative category to the Brownfields Advisory Board with the
term expiring on May 31, 2010.
11.10 Appoint Aubry "Brooks" Hammac and Ray Shaw to the Parks and Recreation Board with
the term expiring on May 31, 2010.
11.11 Reappoint Donald F. Brackett and Peggy Cutkomp to the Neighborhood and Affordable
Housing Advisory Board (NAHAB) with the term expiring on May 31, 2010. (consent)
11.12 Authorize an increase of $150,000 to the monetary limit on the contract with the firm of
Thompson Goodis for outside counsel services related to representation in Crouch v. City of
Clearwater, et al., Case 93-2860-CI-21, and approve an increase of $75,000 to the City
Attorney's Operating budget to be funded from the retained earnings of the general fund.
Councilmember Hamilton 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.
12 - Other items on City Manager Reports
- None.
13 - City Attorney Reports
13.1 Adopt Resolution 06-31, urging the County Charter Review Commission (CRC) to oppose
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excluding elected officials on future CRCs; Adopt Resolution 06-32, opposing the CRC proposal
to eliminate the dual referendum for a change of any function, service, power or regulatory
authority of a municipality and Adopt Resolution 06-33, urging the CRC to reject all proposed
provisions related to annexation policy.
In response to May 1, 2006, Council direction, the City Attorney presented Resolutions
06-31, 06-32, and 06-33 for consideration.
Resolution 06-31 urges the CRC (Pinellas County Charter Review Commission) to
oppose the exclusion of elected officials on future Charter Review Commissions as local elected
officials work closely on a daily basis with issues contained within the Pinellas County Charter,
and as such bring a knowledge base to the "lay" membership that combines to assist in
explaining any need for proposing changes to the Charter.
Resolution 06-32 opposes the CRC proposal to eliminate the dual referendum
requirement for a change of any function, service, power, or regulatory authority of a
municipality, special district, or Pinellas County. The CRC has tentatively approved a proposal
to remove the requirement that voters of the County and voters of an affected municipality or
special district must approve by dual referendum any amendment to the charter that would
change any function, service, power, or regulatory authority of a municipality, special district, or
the county. If adopted and interpreted liberally, the change would erode the authority of Pinellas
County municipalities and special districts by permitting the usurpation of their functions and
regulatory authority.
Resolution 06-33 requests the CRC reject all proposed charter provisions related to
annexation policy as proposed charter provisions would make annexation more difficult and help
to preserve the status quo of inefficient City/County jurisdictional boundaries. The proposed
changes would conflict with Statewide annexation law creating a precedent for a hodgepodge of
inconsistent and conflicting annexation laws across the State.
Resolution 06-31 was presented and read by title only. Councilmember Hamilton moved
to pass and adopt Resolution 06-31 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Resolution 06-32 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution 06-32 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Resolution 06-33 was presented and read by title only. Councilmember Petersen moved
to pass and adopt Resolution 06-33 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
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.
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
14. City Manager Verbal Reports - None.
15 . Council Discussion Items
Jolley Trolley
In response to a question, staff reported that the Jolley Trolley had not formally
requested increased funding. Assistant City Manager Garry Brumback reported that the City
provides the Jolley Trolley with fuel at City cost. It was noted the Jolley Trolley has never been
self-sustaining and always has received a subsidy from the City.
16. Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events, and thanked Police Department and Library volunteers for their efforts.
Councilmember Hamilton requested residents be cautious as school is out soon. He
congratulated his son, Brad, salutatorian of this year's Clearwater High graduating class.
.
Councilmember Jonson said a newspaper article indicated the City of Seminole is
pushing building and appearance standards and reviewed PSTA (Pinellas Suncoast Transit
Authority) programs for first time bus riders and for employers.
Councilmember Petersen reported the DDB (Downtown Development Board) had
prepared a newsletter to update merchants by detailing Cleveland Street streets cape project
construction efforts, congratulated Fire Department promotions and new hires, and said her son
was a member of the Pinellas County All-Star Academic Challenge team, which finished second
in a Statewide competition.
Mayor Hibbard thanked the Skycrest Tech Team for working on traffic calming.
17 . Adjourn
The meeting adjourned at 7:01 p.m.
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