01/30/2006 WORK SESSION ONLY ITEMS
;'6larwater
From: Cyndie Goudeau, City Clerk
CC: Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin, Asst. City
Manager; Pam Akin, City Attorney
u
Interoffice Correspondence Sheet
To: Mayor and Councilmembers
Date: January 27, 2006
RE: Revisions to Agenda Packet for January 30, 2006
. Revised Work Session Aaenda: 01-30-06 - Rev. 1. New agenda provided.
. CRA-1: Presentation of the Cleveland Street Facade Design Analysis and Direct Staff to
incorporate changes to the Facade Improvement Grant Program for CRA review.
Presentation booklet provided for item.
. CRA-2: Receive presentation of the Historic Resource Reconnaissance Survey of the
Downtown Core. Paperwork added to item provided.
. CRA-3: Cleveland Street Streetscape Discussion. Paperwork added to item & is
provided.
. CRA Verbal Reports-1: East Gateway Initiative Update. Paperwork added to item &
is provided.
. Presentations:
. Item 1: Service Award. Item added to agenda.
. Item 2: AWWA Safety Award. Changed from Item 1 to now Item 2.
. ED-1: Adopt Res. #06-07 certifying that the Homeless Emergency Project, Inc. is
consistent with local plans and regulations. Item added to agenda and paperwork
provided.
. Please move the Finance Section to go in front of the Police Section so that it
follows the Agenda.
. FIN-1: Authorize payment of not to exceed $100,000 to settle the claim of Andrzej
Rutkowski for damage to his motel and its contents resulting from a city sewer backup.
(Additional damage was found at the hotel and the settlement amount had to be
increased from $85,000 to $100,000.) Revised cover memo provided.
. PD-1: Approve an election in Federal Class-Action lawsuit to permit the Clearwater PD
to receive a merchandise credit from Armor Holdings, Inc. toward the purchase of
additional body armor. Item added to agenda and paperwork provided.
. ENG-4: Award a contract to Accelerated Technology Laboratories, Inc. in response to
the City of Clearwater Water Pollution Control Laboratory's Request for Qualifications
#31-05. Item added to agenda and paperwork provided.
Memo to Council for 01-30-06 Work Session - revisions.doc
1 of 2
. ENG-5: Approve the final plat for "Clearwater Mall Phase II" located at the Southwest
corner of Gulf-to-Bay Blvd and Sky Harbor Dr at 520 Sky Harbor Dr. Item added to
agenda and paperwork provided.
. ENG-6: Approve the Utility Work by Highway Contractor Agreement with the State of
FOOT for the relocation of existing potable water and sanitary sewer facilities impacted
by SR 55 from N. of Sunset Point Rd to S of Countryside Blvd Project & adopt Res. #06-
02. Item added to agenda and paperwork provided.
. CM-1: Approve the City of Clearwater Community Vision which includes the vision
statement, mission statement, and list of priorities. Item added to agenda and
paperwork provided.
. CM-2: Adopt Res. #06-14 supporting the continued presence of Pinellas County
Government offices in Downtown Clearwater and requesting and authorizing the City
Manager to engage the administration of Pinellas County in discussions regarding
shared opportunities for building location, parking, or other needed spaces in Downtown
to facilitate County retention in Downtown Clearwater. Item added to agenda and
paperwork provided.
. ORLS-1 : Appoint two members to the Community Development Board with the term
expiring on Feb. 08, 2010. New Cover Memo and one application added to item and
paperwork provided.
. CDI-2: PMI/PST A Joint Meeting on PMI - Jonson. Item added to agenda.
. CDI-3: Charlie Siemon attendance at 02/27 CC/CDB Joint Work Session - Jonson.
Item added to agenda.
. CDI-4: County Charter Review Commission Annexation Discussion - Jonson. Item
added to agenda and paperwork provided.
. Presentations for Thursdav:
. Item 2 - Proclamation for 2-1-1 Day. Item added to agenda.
. Item 3 - Proclamation for American Legion Auxiliary's Poppy Day. Item added
to agenda. .
Memo to Council for 01-30-06 Work Session - revisions.doc
2 of 2
~ twaterl Work Session Agenda
;:; ~Clearwater City Council Work Session - Monday, January 30, 2006
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Presentations
1. Service Award
2. AWWA Safety Award
Economic Development and Housing _
1. Adopt Resolution #06-07.certifying that the Homeless Emergency Project, Inc. is
consistent with local plans and regulations,
Finance
1.
Authorize payment of not to exceed $100,000 to settle the claim of Andrzej Rutkowski
for damage to his motel o:nd its contents resulting from a city sewer backup.
Adopt Resolution 06-08estabiishing the intent to reimburse certain Beach 'vValk project
costs incurred with proceecisor future tax-exempt financing.
2.
Police
1.
Approve an election in a Federal Class-Action lawsuit to permit the Ciearwater Police
Department to receive a merchandise credit in the amount of $105,391 from Armor
Holdings, Inc. toward the purchase of additional body armor, representing the
settlement of a Class-Action sLiit instituted in the District Court of Oklahoma
Engineering
1. Approve a Contract For Sale of Real Property with John Boshoff and/or assigns, to sell
property legally described as PLAZA PARK, Block H, the South 50 feet of Lots 1 and 2,
for the sum of $37,750, less estimated closing costs not to exceed $200, and authorize
appropriate officials to execute same, together with related instruments required to
effect closing.
2. Accept a Fire Hydrant and Utility Easement containing 4,737 square feet, more or less,
over and across a portion of a tract of land lying in the Southeast ~ of Section 19,
Township 29 South, Range 16 East, conveyed by Highland Properties Gulfcoast, Ltd.,
a Florida limited partnership, in consideration of receipt of $1.00 and the benefits to be
derived therefrom.
3. Accept a Water Main & Utiiity Easement containing 1679 square feet, more or less,
over and across a portion or LOts 1 & 2, Block A, BAYSIDE SUB. NO.5, conveyed by
Dalton Clearwater, LLC, a Florida limited liability company, in consideration of receipt of
$1.00 and the benefits to be derived therefrom.
4. Award a contract to Accelerated Technology Laboratories, Inc., (ATL) of West End, NC
in the amount of $104,483.75 in response to the City of Clearwater Water Pollution
Control Laboratory's Request for Qualifications #31-05 including the purchase of one
Sample Master Pro Laboratory Information Management System (L1MS) and award a
purchase order to McKim & Creed (EOR) in the amount of $32,200.00 to provide L1MS
software installation support and that the appropriate officials be authorized to execute
same.
5. Approve the final plat for "CLEARWATER MALL PHASE II" located at the Southwest
corner of Gulf-to-BaY,Blvd.. _a.n~ ~.ky Harbor Drive at 520 Sky Harbor Drive.
6. Approve the Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation (FOOT) for the relocation of existing potable water and
sanitary sewer facilities impacted by the FOOT's SR 55 (US19) from north of Sunset
Point Rd. to south of Countryside Blvd. Project, at an estimated cost of $635,000.00,
adopt Resolution #06-02, and that the appropriate officials be authorized to execute
same.
City Manager
1. Approve the City of Clearwater Community Vision which includes the vision statement,
mission statement, and nst -of p,icrities. -
2. Adopt Resolution 06-14 supporting the continued presence of Pine1las County
Government offices in Downtown Clearwater and requesting and authorizing the City
Manager to engage the administration of Pinellas County in discussions regarding
shared opportunities for building location, parking, or other needed spaces in
Downtown to facilitate County retention in Downtown Clearwater.
Official Rac and LegislativeSvc
1. Appoint two members tu theCornmunity Development Board with the term expiring on
February 28, 2010.
City Attorney
1. Continue Ordinance 7546-06 on second reading, making amendments to Beach By
Design: A Preliminary Design for Clearwater Beach and Design Guidelines; by
amending Section II, Future Land Use, Subsection A. The "Old Florida" District by
revising the uses and building heights allowed in the district; by amending Section II,
Future Land Use, Subsection C, Marina Residential District by deleting the reference to
a live/work product to March 16,2006.
2. Adopt Ordinance 7565-06 on second reading, annexing certain real property whose
post office address is 2380 Northeast Coachman Road, into the corporate limits of the
City and redefining tIle boutruary-1iiles of th-e City to include- said addition.
3. Adopt Ordinance 7566-06 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 2380 Northeast Coachman Road upon
annexation into the City of Clearwater as Commercial General.
4. Adopt Ordinance 7567-06 or. second reading, amending the zoning atlas of the City by
zoning certain real prc;>periy whose post office address is 2380 N0I1heast Coachman
Road, upon annexation into the City of Clearwater as Commercial (C).
5. Adopt Ordinance 7575-06 on second reading, annexing certain real property whose
post office address is 2190 Northeast Coachman Road, into the corporate limits of the
City, and redefining the boundary lines of the City to include said addition.
6. Adopt Ordinance 7577-06 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 2190 Northeast Coachman Road, upon
annexation into the City of Clearwater, as Institutional.
7. Adopt Ordinance 7578-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 2190 Northeast Coachman
Road, upon annexation into the City of Clearwater, as Institutional (I).
8. Adopt Ordinance 75?9-0B.on s~G(\!1d reading, annexing certain real property whose
post office address is 1551, 1555, and 1559 Union Street, into the corporate limits of
the City, and redefining the boundary lines of the City to include said addition.
9. Adopt Ordinance 7580-06 on see'and readh,g, amending the Future Land Use Plan
element of the Comprehl?nsive PI;a11 of the City, to designate the land use for certain
real property whose post office address is 1551, 1555, and 1559 Union Street, upon
annexation into the City of Clearwater, as Residential Low Medium.
10. Adopt Ordinance 7581-06 on second reading, amending the zoning atlas of the City by
zoning certain real prop~rty whose post office address is 1551, 1555, and 1559 Union
Street, upon annexation into tho City of Clearwater, as Medium Density Residential
(MDR).
11. Adopt Ordinance 7568-05 on second reading, approving a Settlement Agreement
regarding National Advertising Company v. City of Clearwater, Circuit Court Case No.
00-003844-CI-011, consolidated with Lamar Whiteco Outdoor Corporation v. City of
Clearwater, Consolidated Circuit Case NBo. 00-001939-CI-020.
12. Pass Ordinance 7599-06 on first reading, amending Ordinance 6779-01 as amended
by
Ordinance 7350-04, and as amended by Ordinance 7400-05 vacating the 60 foot
right-of-way of Third Street (AKA Third Avenue), bounded on the east by the westerly
right-of-way line of Coronado Drive and bounded on the west by the easterly
right-of-way line of South Gulfview Boulevard; subject to special conditions; amending
the special conditions.
13. Pass Ordinance 760G-GEHm first reading, amendiiig Ordinance 67130-01 as amended
by Ordinance 7351-04, and as amended by Ordinance 7401-05, which vacated the
east 35 feet of the 70 foet right-of-way of Gulfview Blvd., bounded on the north by the
westerly extension of a line parailel to and 20 feet north of the northerly lot line of Lots
57 and 104 of L1oyd-White-Skinner subdivision, as recorded in Plat Book 13, page 12
of the Public Records of Pinellas County, Florida, and bounded on the south by the
westerly extension of thl? south lot line of Lot 59, of said L1oyd-White-Skinner
subdivision, subject to special conditions; amending the special conditions.
14. Adopt Ordinance 7576-0e cr: ~~~ond reading, approving amendments to the
Community Development Code by amending Article 2, Zoning Districts, tables 2-803
and 2-803, and amending Article 3, Development Standards, Section 3-1202.D, to
implement revisions to the Old Florida District on Clearwater Beach. (TA2005-11 004)
Other City Attorney Items
City Manager Verbal Reports
Council Discussion Items
1. Working Waterfronts Legisiation . .
2. PMI/PSTA Joint Meeting on PMI - Jonson
3. Charlie Siemon attendance at 2/27 CCfCDB Joint Work Session - Jonson
4. County Charter Review Commission Annexation Discussion - Jonson
Other Council Action
Adjourn
Presentation(s) for Council Meeting
1. Nagano Students/Teacher with short greeting to the Council
2. Proclamation - National 2-1-1 Day - February 11,2006
3. Proclamation - American Legion Auxiliary's Poppy Day
OPPAGA Report
measures.9 Public transit systems report data
on these performance measures to the Federal
Transit Administration. As shown in Exhibit 2,
the PSTA was more efficient than the majority
of the other systems as assessed by four
efficiency measures. 10, 11
Exhibit 2
The PSTA Provides Relatively Efficient Services
Compared With Four Florida Peer Transit
Authorities
Palm
Measures PSTA Tran HART JTA LYNX
7ttJijj!;jI!;1~:~:'-:.- ~.~ ~ --~ r~__ --,,-- -- ~~ .-~ .-~ ~-.-~", ~~ ._~ ~r --,. 'r~
Operating Expense Per
Revenue Mile $ 3.95 $ 4.26 $ 4.54 $ 4.67 $ 4.70
Revenue Hour 57.92 68.84 56.26 73.73. 65.66
Passenger Trip 2.95 4.29 3.19 4.43 2.89
Passenger Trips Per
Revenue Mile
Revenue Hour
1.34
19.60
0.99
16.03
1.42
17.66
1.06
16.66
1.64
22.93
Source: Florida Transit Handbook, 2003, by the Center for Urban
Transportation Research, University of South Florida, for the
Florida Department of Transportation.
Pinellas County has several options for
providing countywide transit services
The Legislature directed us to examine options
for providing countywide transit services in
Pinellas County. We reviewed the following
options:
· maintain the current system;
· have non-member cities and
unincorporated areas in the county join the
PST A; and
· have Pinellas County government provide
transit services.
--
9 Calculations for these measures were made by the University of
South Florida's Center for Urban Transportation Research for
the Florida Department of Transportation.
10 Data presented are for Fiscal Year 2003, which is the most
recent year validated data was available from the Federal
Transit Administration.
II Comparisons with other transit authorities need to be
interpreted with caution as differences among entities on
specific measures could be affected by factors such as variations
in socia-economic characteristics of riders, service area
characteristics, and transit goals and priorities.
w S 1-30 .0 Ie
eel.. -a
Report No. 05-44
Option 1: Maintain the current system~ This
option would continue PSTA's . current
membership. As noted previously, five cities
and two unincorporated areas have not joined
the PSTA's transit area and are not paying ad
valorem taxes to support the authority's
operations. However, almost all of Pinellas
County would continue to receive transit
services from the authority. Currently, only
two small cities and one unincorporated area
do not have access to PSTA bus services. 12
Option 2: Have non-member cities and
unincorporated areas in the county join the
PSTA. Under the special act creating the PSTA
(Ch. 82-386, Laws of Florida), a majority vote of
the electorate in each city and unincorporated
area in Pinellas County would have to approve
a referendum before the city or area could join
the PSTA transit area. Neither the PSTA nor
any other 16cal government entity can force the
cities and unincorporated areas not already in
the PSTA's transit area to join the PSTA.
Representatives of the Pinellas County
Metropolitan Planning Organization told us
they would like these cities and
unincorporated areas to join the PSTA because
they believe it would be more equitable for all
parts of the county to support transit services
and that it would facilitate efforts to plan for
future transit technologies. However,
representatives of three of the five cities that
we interviewed said they would not support
efforts to get their cities to join the PSTA's
transit area. They opposed joining the PSTA
for several reasons, including little demand by
city residents for bus services and concerns that
the PSTA would not use additional ad valorem
tax revenues from the cities to provide services
in these areas. They also told us that they were
not aware of how joining the PSTA'stransit
area would benefit their cities or the PSTA's
plans for enhancing transit services.
12 The cities of Belleair Beach, Belleair Shores, and' the
unincorporated area of Tierra Verde do not have access to
PST A bus services.
4
P-Q;. cnl - L-\
. Annexation
Special Act-Charter Amendment
Annexation
PINELLAS COUNTY ORDINANCE NO. 06-
AN ORDINANCE OF TIlE COUNTY OF PINELLAS, PROVIDING mAT THE
PINELLAS COUNTY CHARTER BE AMENDED BY REVISING SECTION 2.07 OF
SAID CHARTER TO PROVIDE FOR AN ABILITY TO MODIFY ANNEXATION
PROCEDURES BY SPECIAL ACT OF THE LEGISLATURE TO RESTRICT THE
REQUIREMENTS FOR ANNEXING PROPERTY WITHOUT THE OWNER'S
CONSENT; ENHANCE NOTICE AND RESTRICT THE EXPENDITURE OF PUBLIC
FUNDS TO ENTICE ANNEXATION; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE AND
REFERENDUM QUESTION
WHEREAS, the Pinellas County Charter allows for annexation by municipalities except for
limitations on voluntary annexations; and
WHEREAS, the 2005-2006 Charter Review Commission has heard testimony
regarding the procedures used to annex properties without the owners consent and the use
of public fund incentives to entice annexation; and
WHEREAS, having heard that testimony, the 2005-2006 Charter Review
Commission has recommended that the state legislature adopt a special act that would.
protect property owners from the potential for individual harm presently built into the
Florida Statutory annexation procedures; and
WHEREAS, the 2005-2006 Charter Review Commission has recommended that the
Charter should be amended in advance of the legislative action, which amendment shall
only become effective in the event that a special act to effectuate that such amendment is
passed by the legislature; and
Now, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pinellas County, Florida:
Section 1:
Section 2.07 of the Pinellas County Charter,as created by Chapter 80-590
of the Laws of Florida, as amended, is hereby amended to add new subsections 1-5 to
read as follows:
Sec. 2.07. Annexation.
Nothing in this Charter shall prevent a municipality from annexing an
unincorporated area into its municipal boundaries, except that all annexations shall be in
accordance with the exclusive method and criteria for voluntary municipal annexation,
including the delineation of areas eligible for annexation, adopted by ordinance under the
authority elsewhere provided for in this Charter.
1) Notwithstanding any other provision oflaw, no municipality in Pinellas County
may annex any unincorporated territory pursuant to Section 171.0413(6) Florida
Statutes whose owner has not given express consent unless fifty percent (50%) of
the boundary of such a parcel is surrounded by either incorporated properties of
the annexing jurisdiction or property owners consenting to the proposed
annexation and the total percentage of consenting property owners in the
proposed annexation, on both a parcel and acreage basis, exceeds sixty-six
percent (66%).
2) Notwithstanding any other provision of law, no municipality in Pinellas County
may subject any property to an annexation pursuant to Section 171.0413(5) or (6)
without obtaining the consent required thereunder or as otherwise required by law
pursuant to the following procedure:
a. Consent must be express and written and may be revocable up until the
closing of the public hearing at the final adoption hearing before the local
government.
b. Such consent shall be obtained by the party proposing the annexation and
shall be. secured no earlier than 60 days and no later than 30 days prior to
any referendum required pursuant to Section 171.0413(5) Florida Statutes
or, in the case of annexations pursuant to Section 171.0413(6) Florida
Statutes, no earlier than 60 days and no later than 30 days prior to the final
adoption of the required ordinance. The acreage of consenting special
districts, municipalities, the county or the state may not count toward
satisfaction of the percentage of property owner approval requirements
contained in Section 171.0413(5) or (6) Florida Statutes or any other
applicable law.
3) Notwithstanding any other provision of law, no municipality in Pinellas County,
without the property owner's written permission, may subject any property to an
annexation referendum pursuant to Section 171.0413 Florida Statutes, for a period
of seven (7) years from the last date that such property was last subject to a
referendum annexation.
4) Notwithstanding any other provision oflaw, no municipality in Pinellas County
may annex any unincorporated territory pursuant to Section 171.0413 Florida
Statutes unless individual notice has been provided by certified mail to all
property owners within the proposed annexation area at least 60 days prior to the
first public hearing. The notice shall refer the recipient to a phone number or
website on the internet where, at a minimum, comprehensive information
concerning the financial impact of the proposed annexation on an individual
property can be obtained.
5) Notwithstanding any other provision oflaw, neither an annexing municipality nor
the County may offer, negotiate, agree to provide, or provide, any material
incentives or inducements to property owners in conjunction or connection with
an annexation proposal. Material incentives or inducements may include, but not
be limited to, and by way of example, cash or other expenditures or improvements
that do not provide a paramount public purpose. Expenditures in furtherance of
the closure of enclaves represent a public purpose.
Section 2. Codification The provisions of this ordinance shall be included
and incorporated in the Pinellas County Code as an addition thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Pinellas
County Code.
Section 3.
Severability
If any section, subsection, sentence, clause or
phrase of this ordinance, is for any reason held illegal, invalid or unconstitutional by the
decision of any court of ~ompetent jurisdiction, such decision shall not affect the valid
provisions thereof. The county hereby declares that it would have adopted this
ordinance, and each section,. subsection, sentence, clause or phrase thereof, irrespective of
the fact that anyone or more sections, subsections, sentences, clauses or phrases be
declared illegal, invalid or unconstitutional. The invalidity of any portion of the
ordinance shall not abate, reduce, or otherwise affect any consideration or obligation
required thereunder.
Section 4. Effective Date; Referendum Ouestion Except for this section, which
shall take effect only upon becoming law, this Ordinance shall take effect upon the
approval of this amendment by a majority vote of the electors of Pin ell as County voting
in a referendum election, which shall be called by the Board of County Commissioners
prior to November 2, 2006 and subsequent passage of a special act of the Florida
Legislature authorizing these exceptions to the application of general law. The ballot
question for this amendment shall be as follows:
BALLOT TITLE: Amend County Charter and Approve Implementing Special Acts of
the Legislature to Modify Annexation Procedures
BALLOT QUESTION:. Shall Section 2.07 of the Pinellas County Charter be amended to
restrict annexation without the owner's consent, require an informative mail notice prior
to all non-voluntary annexations, restrict expenditure of public funds to entice annexation
and shall special acts of the legislature be approved to implement said restrictions?
[ ] YES FOR APPROVAL
[ ] NO FOR REJECTION