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10/19/2006 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER October 19, 2006 Present: Frank Hibbard Mayor Carlen Petersen Vice-Mayor Hoyt P. Hamilton Councilmember William C. Jonson Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Ken Link from Lakeview Baptist 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 Two service awards were presented to City employees. James Keller, Fire Department, was presented the October 2006 Employee of the Month award. 4.2 Terry Johnson, AICP, Associate in Research, Florida Center for Community Design and Research, University of South Florida, on behalf of ULI Tampa Bay, would like to introduce a ULI program of regional review, analysis, and alternative development scenarios to the City of Clearwater. Terry Johnson invited Council participation in the May 18, 2007, Reality Check Tampa Bay event, planned to develop alternative regional growth scenarios. 4.3 Home and Neighborhood of the Quarter The Fall 2006 Neighborhood of the Quarter award was presented to the Island in the Sun Mobile Home Park. Fall 2006 Home of the Quarter awards were presented to: 1) Tandala L. Niles, 1533 S. Madison Avenue; 2) Kelly M. Larry, 1106 Brownell Street; 3) Paul and June Jones, 1835 N. Washington Avenue; and 4) Sheila D. Boatwright, 1295 S. Martin Luther King Jr. Avenue. Council 2006-10-19 1 4.4 Business Beautification Award of the Quarter The Fall 2006 Business Beautification Recognition Award from the City of Clearwater and Clearwater Regional Chamber of Commerce was presented to the Sheraton Sand Key Resort. 5 - Approval of Minutes 5.1 Approve the minutes of the October 5, 2006, City Council Meeting as submitted in written summation by the City Clerk. Councilmember Hamilton moved to approve the minutes of the regular meeting of October 5, as recorded and submitted in written summation by the City Clerk to each motioncarried Councilmember. The was duly seconded and unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Tom Sehlhorst addressed the Council regarding the many cases the City has filed against him. Bill Justice complimented the beautification of Glen Oaks, thanked the City for hiring Kerry Kimball to direct the Office on Aging, and requested a Senior Center. John Wiser recommended the City promote Dave Wilson to head the Countryside Recreation Center. Joe Evich said he has not received information he requested regarding reclaimed water in Morningside and recommended the City begin reconciliation efforts with the Fire Department. Public Hearings - Not before 6:00 p.m. 7 - Administrative Public Hearings 7.1 Approve revisions to the Community Development Code and pass Ordinance 7631-06 on first reading. The Planning Department is recommending a total of 22 amendments to the Community Development Code. The amendments present a change in current policy or a new policy issue and are outlined here: 1) Parking Requirements - The parking formula is revised to more appropriately reflect parking requirements for certain uses, so that adequate parking is provided; 2) Off-street Loading and Vehicle Stacking Distances - This amendment provides for comprehensive and detailed loading requirements, improving the assignment of requirements per use; 3) Comprehensive Sign Program - This amendment enables certain monument sign proposals to be eligible for comprehensive sign program review; 4) Annexations - This amendment will reduce the time required to annex property by at least 30 days. Other amendments do not have major policy implications. In response to questions, it was indicated additional amendments would be needed to include provisions that would encourage the use of monument signs. It was suggested the Council 2006-10-19 2 Code allow more creativity in signs and that staff also consider icon signs. It was stated these changes can not be made at second reading. Planning Director Michael Delk said the next list of Code changes will be presented during first quarter 2007. Councilmember Petersen moved to approve revisions to the Community Development motion Code. The was duly seconded. Councilmembers Petersen, Hamilton, Doran, and carried Mayor Hibbard voted “Aye”; Councilmember Jonson voted “Nay.” Motion . Ordinance 7631-06 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7631-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Doran, and Hibbard. "Nays": Jonson. Motion carried. 8 - Quasi-judicial Public Hearings 8.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 1321 Woodbine Street (Consisting of Lot 4, Block C, Pine Ridge Subdivision, together with the abutting Right-of- Way of Woodbine Street); and Pass Ordinances 7689-06, 7690-06 and 7691-06 on first reading. This annexation involves a 0.178-acre property consisting of one parcel, which is located approximately 200 feet west of the intersection of Rollen Road and Woodbine Street. It is proposed that the abutting Woodbine Street right-of-way, not currently within the City limits, also be annexed. The property is located within an enclave and is contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The subject property is occupied by a single family detached dwelling. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the 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 subject site is located within an enclave, is contiguous to city boundaries and reduces the enclave. 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 September 19, 2006 and unanimously recommended approval. Council 2006-10-19 3 Councilmember Hamilton moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 1321 Woodbine Street (Consisting of Lot 4, Block C, Pine Ridge Subdivision, together with the motion carried abutting right-of-way of Woodbine Street). The was duly seconded and unanimously. Ordinance 7689-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7689-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, and Doran. "Nays": None. Absent: Hibbard Ordinance 7690-06 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7690-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson and Doran. "Nays": None. Absent: Hibbard. Ordinance 7691-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7691-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson and Doran. "Nays": None. Absent: Hibbard. Council 2006-10-19 4 8.2 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 1524 South Highland Street (Consisting of Lots 12, 13, and the south 20 feet of Lot 14, Block B, Scotia Heights); and pass Ordinances 7677-06, 7678- 06 and 7679-06 on first reading. This annexation involves a 0.229-acre property consisting of one parcel, which is located approximately 850 feet north of the intersection of S. Highland Avenue and Belleair Road. The property is contiguous to exiting City boundaries to the south and east; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject property is vacant. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the 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 and 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. This annexation has been reviewed by the 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 September 19, 2006 and unanimously recommended approval. Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 1524 South Highland Street (Consisting of Lots 12, 13, and the south 20 feet of Lot 14, Block B, Scotia Heights). The motion carried was duly seconded and unanimously. Ordinance 7677-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7677-06 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 7678-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7678-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-10-19 5 Ordinance 7679-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7679-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.3 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-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 109 McMullen-Booth Road (Consisting of metes and bounds 24/02 located in Section 16-29-16); and pass Ordinances 7692-06, 7693-06 & 7694-06 on first reading. This annexation involves a 0.762-acre property consisting of one parcel, which is located approximately 650 feet south of the intersection of McMullen-Booth Road and Featherwood Court. The property is located within an enclave and is contiguous to exiting City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject property is occupied by a single family detached dwelling. 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 subject site is located within an enclave, is contiguous to City boundaries and reduces the enclave. This annexation has been reviewed by the 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 September 19, 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-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 109 McMullen Booth Road (Consisting of metes and bounds 24/02 located in Section 16-29-16). motion carried The was duly seconded and unanimously. Ordinance 7692-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7692-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, and Hibbard. "Nays": None. Council 2006-10-19 6 Absent: Doran. Ordinance 7693-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7693-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Doran. Ordinance 7694-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7694-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.4 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1960 E Skyline Drive (Lot 64, Skyline Groves Subdivision in Section 06-29-16); and pass Ordinances 7695-06, 7696-06 & 7697-06 on first reading. This annexation involves a 0.176-acre property consisting of one parcel, located on the west side of E Skyline Drive, approximately 330 feet south of Hyvue Drive and 480 feet north of Raymont Drive. The property is contiguous with the existing City boundaries to the east; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the city boundaries and does not create an enclave. This annexation has been reviewed by the PPC County staff 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 September 19, 2006 and unanimously recommended approval. Council 2006-10-19 7 Councilmember Doran moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1960 E Skyline Drive motion (Lot 64, Skyline Groves Subdivision in Section 06-29-16. The was duly seconded and carried unanimously. Ordinance 7695-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7695-06 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 7696-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7696-06 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 7697-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7697-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.5 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 1606 Scott Street (Consisting of Lot 7, Block 19, Third Addition to Highland Pines Subdivision); and pass Ordinances 7698-06, 7699-06 & 7700-06 on first reading. This annexation involves a 0.164-acre property consisting of one parcel, which is located approximately 250 feet west of the intersection of Scott Street and Ridge Avenue. The property is located within an enclave and is contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive solid waste service from the City. The property already receives sanitary sewer service. The subject property is occupied by a single family detached dwelling. 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). Council 2006-10-19 8 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 subject site is located within an enclave, is contiguous to city boundaries and reduces the enclave. This annexation has been reviewed by the 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 September 19, 2006 and unanimously recommended approval Councilmember Doran moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the City Low Medium Density Residential (LMDR) District for 1606 Scott Street motion (Consisting of Lot 7, Block 19, Third Addition to Highland Pines Subdivision). The was carried duly seconded and unanimously. Ordinance 7698-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7698-06 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 7699-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7699-06 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 7700-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7700-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.6 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-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 3060 Allen Avenue (Lot 19 and West 8 Feet of Lot 18, Block 4, Acker’s Subdivision in Section 28-28-15); and Pass Ordinances 7701-06, 7702-06 and 7703-06 on first reading. Council 2006-10-19 9 This annexation involves a 0.187-acre property consisting of one parcel, located on the north side of Allen Avenue, approximately 560 feet west of McMullen-Booth Road and 180 feet east of Daniel Street. The property is contiguous with the existing City boundaries to the south; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 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 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 contiguous to existing municipal boundaries, represents a logical extension of the city boundaries and does not create an enclave. This annexation has been reviewed by the PPC County staff 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 September 19, 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-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 3060 Allen Avenue (Lot 19 and West 8 Feet of Lot 18, Block 4, Acker’s Subdivision in Section 28-28-15). motion carried The was duly seconded and unanimously. Ordinance 7701-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7701-06 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 7702-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7702-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-10-19 10 Ordinance 7703-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7703-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.7 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-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 2727 Daniel Street (Lot 1, Block 4, Acker’s Subdivision in Section 28-28-16); and pass Ordinances 7704-06, 7705-06 and 7706-06 on first reading. This annexation involves a 0.21-acre property consisting of one parcel, located on the southeast corner of Charles Avenue and Daniel Street. The property is contiguous with the existing City boundaries to the south; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 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 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 contiguous to existing municipal boundaries, represents a logical extension of the city boundaries and does not create an enclave. This annexation has been reviewed by the PPC County staff 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 September 19, 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-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 2727 Daniel motion Street (Lot 1, Block 4, Acker’s Subdivision in Section 28-28-16). The was duly carried seconded and unanimously. Ordinance 7704-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7704-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-10-19 11 Ordinance 7705-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7705-06 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 7706-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7706-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.8 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1415 Regal Road (Lot 21, Solar Crest Subdivision in Section 23-29-15); and pass Ordinances 7707-06, 7708-06 and 7709-06 on first reading. This annexation involves a 0.177-acre property consisting of one parcel, located on the south side of Regal Road, approximately 275 feet east of Sunny Park Drive and 665 feet west of Braund Street. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00- 63 with regard to voluntary annexation. The applicant is requesting this annexation in order to obtain solid waste service from the City. It is proposed that the property be assigned Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the City boundaries and does not create an enclave. This annexation has been reviewed by the PPC County staff 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 September 19, 2006 and unanimously recommended approval. Councilmember Doran moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1415 Regal Road (Lot motion carried 21, Solar Crest Subdivision in Section 23-29-15). The was duly seconded and unanimously. Council 2006-10-19 12 Ordinance 7707-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance 7707-06 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 7708-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7708-06 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 7709-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7709-06 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 - Second Readings - Public Hearing 9.1 Adopt Ordinance 7712-06 on second reading, amending the code of ordinances to authorize the use of a Construction Manager as an alternative Construction Project delivery method and creating a new Section 2.602; providing an effective date. Ordinance 7712-06 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7712-06 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 10 - Consent Agenda - Approved as submitted 10.1 Amend the Shared Equity Policy to allow the Housing Division to waive the use of the Shared Equity loan documents when partnering with Habitat for Humanity. (Consent) Council 2006-10-19 13 10.2 Award a contract to Medtronic Physio-Control, Redmond, Washington, in the amount of $134,404.40, for the purchase of eight Lifepak 12 Biphasic Cardiac Monitor/Defibrillators with printers, carrying bags, and related equipment; and declare surplus and authorize trade-in of eight Lifepak 12 Monophasic Cardiac Monitor/Defibrillators for a credit of $8,000 (net cost $126,404.40), and authorize appropriate officials to execute same. (Consent) 10.3 Authorize a change in procedure concerning retiree health insurance coverage that will require all current and future retirees to continue their enrollment in the City group health insurance upon retirement and maintain that enrollment as a retiree thereafter in order to be a participant in the City's Health Insurance Plan. (Consent) 10.4 Approve a one-time increase to the Parks & Recreation budget in the amount of $67,520 to cover the expenses of an additional three weeks of summer camp and increase the Parks and Recreation revenue budget $67,520 due to extended summer based upon opening of 2007- 2008 public school year and extend the use of current staff to provide for the temporary equivalent of 2.3 FTEs for additional part-time staff hours for this three week period. (Consent) 10.5 Approve the renewal of a contract with the Pinellas County Sheriff’s Office, Largo, Florida, for latent fingerprint and crime scene services, including evidence and property storage, during the contract period October 1, 2006, through September 30, 2007, at a cost of $393,386.35 and authorize the appropriate officials to execute same. (Consent) 10.6 Approve acceptance of a FY 2006-07 Justice Assistance Grant – Countywide (JAG) in the amount of $52,000 from the Florida Department of Law Enforcement (FDLE) for a Red Light Running – In-Car Video Enhancement Project. (Consent) 10.7 Approve a Contract (Purchase Order) to Container Systems & Equipment of Daytona Beach, FL for the purchase of three 2006 Crane Carrier Chassis' with Loadmaster Rear Loader Bodies for $505,737, authorize lease purchase under City's master lease purchase agreement and authorize the appropriate officials to execute same. (Consent) 10.8 Accept a perpetual sidewalk easement over, under and across the south six feet of Lot 1, COLUMBIA SUBDIVISION NO. 5, conveyed by Sun West Palms Development, LLC, a Florida limited liability company, in consideration of receipt of $1 and the benefits to be derived therefrom. (Consent) 10.9 Approve the final plat for SUNSET POINT MANOR located at 2941 Sunset Point Road, approximately 2,000 feet west of McMullen-Booth Road. (Consent) 10.10 Approve a work order to McKim & Creed of Clearwater Fl. (EOR), in the amount of $138,000 for the Integration/Programming Services for the Reclaimed Water Remote Lakes Control Valves Improvement Project, project number 04-0060-UT;and that the appropriate officials be authorized to execute same. (Consent) 10.11 Approve the Interlocal Agreement between the City of Clearwater, Pinellas County and the Pinellas Suncoast Transit Authority (PSTA) defining roles, responsibilities and funding commitments of the parties, for the purpose of conducting a Joint Use Facility Feasibility Study to assess the operational and financial feasibility of a joint City/County/PSTA facility in downtown Clearwater. (Consent) Council 2006-10-19 14 10.12 Approve filing a Petition for a Writ of Certiorari to the 2nd District Court of Appeal regarding Pinellas County Emergency Medical Services, Office of the Medical Director vs. Dwayne C. Vaughan, DOAH Case No. 06-2384. (Consent) Councilmember Jonson 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. 11 - Other items on City Manager Reports 11.1 Amend Section 2.251 of the Code of City Ordinance, City of Clearwater, Sister Cities Advisory Board to increase the number of board members from five members to six members to include a youth representative and pass Ordinance 7687-06 on first reading. The Code of City Ordinances (Section 2.251) states that “The Sister Cities Advisory Board shall consist of five members; one member of the City Council, a representative of the local business community, the School Board’s World Language Coordinator or designee, a Clearwater Sister Cities Inc. representative, and a Clearwater Arts Foundation representative.” Currently, the Board has no requirement or even a place to accept a youth on the board. One of the major goals of the Sister Cities program is to provide a cultural exchange between youth of the various countries. Therefore, it appears that the addition of a youth member who is nineteen years old or younger would be appropriate and is being recommended. While it is normally best to have an odd number of representatives on a board for the sake of voting on issues, it is not being recommended in this case since the Board is advisory in nature. Therefore, it is recommended to increase the number of Board positions to six, which would allow for the youth of Clearwater to be represented. Councilmember Hamilton moved to amend Section 2.251 of the Code of City Ordinance, City of Clearwater, Sister Cities Advisory Board to increase the number of board members from motion five members to six members to include a youth representative. The was duly carried seconded and unanimously. Ordinance 7687-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7687-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 11.2 Approve amending Chapter 30 Traffic and Motor Vehicles, Article II Stopping, Standing and Parking, Division 1, Section 30.060 Penalties / Warning Letter Upon Failure to Comply with Ticket by requiring overpayment refunds to be requested within 90 days of the overpayment and pass Ordinance 7720-06 on first reading. Citation Management is the vendor that began processing the City's parking fines effective October 1, 2005. All fines are deposited directly into the City's bank account. Council 2006-10-19 15 Fine overpayments occur for a number of reasons including: paying an amount other than what is printed on the ticket; paying the fine and the late penalty when a late penalty is not due; both the citizen and the registered owner pay the fine separately; a late notice is sent and the citizen makes payment a second time; mailed payments do not reach the payment center on time and the citizen chooses to pay the fine amount and any penalties with a credit card in an effort to avoid additional penalties. The number of overpayments that required refund checks the first ten months is 550. Nearly 40% of the overpayments are less than $10. Citation Management has worked with the City to implement changes to reduce the number of refunds but these efforts have been unsuccessful. The Finance Department has estimated the costs to process a check exceed $10. The ticket stock will be changed to reflect this change. Councilmember Petersen moved to approve amending Chapter 30 Traffic and Motor Vehicles, Article II Stopping, Standing and Parking, Division 1, Section 30.060 Penalties / Warning Letter Upon Failure to Comply with Ticket by requiring overpayment refunds to be motion carried requested within 90 days of the overpayment. The was duly seconded and unanimously. Ordinance 7720-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7720-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Miscellaneous Reports and Items 12 - City Manager Verbal Reports : None. 13 - Council Discussion Items 13.1 Budget Task Force Discussion ensued regarding the Budget Task Force with comments that Councilmembers need to recruit a diverse pool of applicants, who will seriously commit to the Task Force’s work. Consensus was that members should represent all areas of the City, be a resident or property owner in the City, that an application cutoff date be established for the first week in November, and members will be appointed by the Council as a whole. 13.2 Penny for Pinellas Project List Assistant City Manager Garry Brumback reported that limiting downtown Streetscaping projects to the Highland Avenue intersection would free up $11.1-million in the Penny for Council 2006-10-19 16 Pinellas project list. Library Director Barbara Pickell said 80% of the East Library budget is for renovation, not expansion. Discussion ensued regarding reallocating $15 million to stormwater. Finance Director Margie Simmons said this would save each household $0.90 per month on their utility bill. In response to a question, Information Technology Director Dan Mayer said the wireless mesh project was to assure all residents have access to future telecommunication options. Councilmember Jonson moved to reallocate $15 million from the Penny for Pinellas Extension Projects list to infrastructure to offset ongoing fees. There was no second. Councilmember Jonson moved to reallocate $2,833,250 from the Police Equipment motion Shelter in the Penny for Pinellas Extension Projects list to stormwater. The was duly seconded. It was suggested these funds be reallocated to accelerate sidewalk construction. Councilmember Jonson amended his motion to reallocate the funds to accelerate sidewalk construction. The seconder accepted the amendment. Upon the vote being taken the carried amended motion unanimously. Councilmember Jonson moved to approve the Penny for Pinellas Extension Projects list, as amended: $2,833,250 appropriated for sidewalk construction instead of Police Equipment motion carried Shelter. The was duly seconded and unanimously. 14 - Other Council Action 14.1 City Attorney Evaluation The Mayor and Council evaluated the City Attorney on her performance over the year, providing overall favorable comments. 14.2 City Manager Evaluation The Mayor and Council evaluated the City Manager on his performance over the year, providing overall favorable comments. Council 2006-10-19 17 . . . Councilmembers reported on events in which they recently participated and reviewed upcoming events. Councilmember Hamilton acknowledged the passing of Ed Wells and expressed condolences to his family. Councilmember Jonson congratulated Pam Akin and_Margie Simmons on being named finalists for the Florida League of Cities Excellence Awards. 15 . Adjourn The meeting adjourned at 8:35 p.m. -t~ ;( ;t::I~ --M{lyor . City of Clearwater Council 2006-10-19 18 AST NAME-FIRST NAME-MIDDLE NAME Petersen, Carlen MAILING ADDRESS 2582 Anderson Drive W. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Clearwater Cit Council THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ CITY a COUNTY NAME OF POLITICAL SUBDIVISION: COUNTY Pinellas a OTHER LOCAL AGENCY CITY Clearwater FL DATE ON WHICH VOTE OCCURRED ELECTIVE a 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 ures 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 ca~~~ . 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 busines~ 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 by you or at your direction. .OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE -,rKEN: . 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, Carlp.n Pp.tp.rRp.n . hereby disclose that on November 2 2006 . '-' (a) A measure came or will come before my agency which (check one) ~ 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 111 0 . 2 Accept a FY 2006 Department of Justice, Bureau of Justice Assistance grant in the amount of $450,000.00 for a three year period to fund the Clearwater Area Task Force on Human Trafficking and approve an agreement with the YWCA of Tampa Bay for provision of victim advocacy services to Human Trafficking victims, and authorize the appropriate officials to execute same. (consent) ~ C,r~~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, 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