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09/16/2004 . . . CITY COUNCIL MEETING CITY OF CLEARWATER September 16, 2004 Present: Brian J. Aungst Frank Hibbard Hoyt P. Hamilton William C. Jonson Carlen Petersen Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Garry Brumback Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. Councilmember Hamilton offered the invocation. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 Introductions and Awards: None 5 Presentations: 5.1 Proqress EnerQY Update David Phillips, Progress Energy, reported on outages caused by Hurricane Frances and recovery and clean-up efforts. He thanked Clearwater's emergency preparedness staff and said they were outstanding. In response to a question, Mr. Phillips said burying power lines underground has its disadvantages during flooding situations. He said there needs to be a balance between cost and reliability. Progress Energy Community Relations Manager Nancy Loehr was recognized for her close working relationship with the City during the storm. In response to a question, Mr. Phillips said Progress Energy is closely monitoring its tree-trimming practices. 5.2 Proclamation - Carefest 2004 Week - Sept. 11 - 18. 2004 6 Approval of Minutes 6.1 City Council - September 2. 2004 Councilmember Jonson moved to approve the minutes of the September 2, 2004, meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Council 2004-09-16 1 . . . 7 Citizens to be Heard re Items Not on the Agenda Jack Heckert, President of Clearwater Beach Chamber of Commerce, urged the City to find a way to keep the South Beach Pavilion open during the repair period. Jack Alvord, President of Historic Bayview Association, defined environmental versus nature parks. Earlv Sorenson said people cause environmental problems and need to be educated on how to protect the environment. Dale Schmidt, Executive Director of Clearwater Marine Aquarium, thanked staff for their support of the aquarium. He invited everyone to attend special appreciation days on September 25 and 26. Katie Cole, Clearwater Regional Chamber of Commerce, encouraged everyone to attend the Taste of Clearwater on September 21. Betty Bavlor said Beach by Design does not cover architectural design. She suggested the City form a committee to assure attractiveness. Public Hearings 8 Administrative public hearings 8.1 Adopt Ordinance #7337-04. Millaae Ordinance. on second readina to set a final millaae rate of 5.753 mills for fiscal vear 2004/05 levied aaainst non-exempt real and personal propertv within the City. Budget Director Tina Wilson and City staff were complimented for the budget process. Councilmember Hamilton moved to set a final millage rate of 5.753 mills for fiscal year 2004/05 levied against non-exempt real and personal property within the City. The motion was duly seconded and carried unanimously. Ordinance #7337-04 was presented for second reading and read in full. Councilmember Jonson moved to adopt Ordinance #7337-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 8.2 Adopt Ordinance #7338-04. Annual Operatina Ordinance. on second readina. adoptina the City of Clearwater Annual Operatina Budaet for Fiscal Year 2004/05. Councilmember Petersen moved to adopt the City of Clearwater Annual Operating Budget for Fiscal Year 2004/05. The motion was duly seconded and carried unanimously. Council 2004-09-16 2 . Ordinance #7338-04 was presented for second reading and read by title only. Councilmember Hibbard moved to adopt Ordinance #7338-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 8.3 Adopt Ordinance #7339-04 the Capital Improvement Ordinance. on second readina. adoptina the Fiscal Year 2004/05 Capital Improvement Budaet and establishina a six-year plan for the Capital Improvement Proaram (CIP). Hamilton moved to adopt the Fiscal Year 2004/05 Capitallmproyement Budget and establish a six-year plan for the Capital Improvement Program (CIP). The motion was duly seconded and carried unanimously. Ordinance #7339-04 was presented for second reading and read by title only. Councilmember Jonson moved to adopt Ordinance #7339-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. . 8.4 Approve the applicant's reauest to vacate the 15-foot alley Iyina alona the East property lines of Lots 4 throuah 7. Wallace Addition. and approve Ordinance #7342-04 on first readina. (VAC2004-13 WIN-FT. Harrison. LTD). The applicant is seeking vacation of the alley in order to facilitate redevelopment of a property presently occupied by a small dry-cleaning business. Proposed is a commercial complex to be developed on a site containing approximately 1.65 acres. Progress Energy, Verizon, Brighthouse Cable and Knology Broadband have no objections to the request provided the applicant bear the costs associated with the relocation of their facilities. The applicant has agreed to pay costs associated with utility relocation. Public Works Administration has no objections to the vacation request. Councilmember Jonson moved to approve the applicant's request to vacate the 15-foot alley lying along the East property lines of Lots 4 through 7, Wallace Addition, (VAC2004-13 WIN-FT. Harrison, L TD). The motion was duly seconded and carried unanimously. Ordinance #7342-04 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7342-04 on first reading. The motion was . duly seconded and upon roll call, the vote was: Council 2004-09-16 3 . "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 8.5 Approve the applicant's request to vacate all street riqhts-of-way and easements located in the northeast one quarter of the northeast one quarter of See 17-29-16, less the Northerly 50 feet thereof, (Drew Street) and less the Easterly 33 feet thereof, (Bawiew Avenue), (AK.A 2995 Drew Street), and pass Ordinance #7341-04 on first readinQ, (VAC2004-12 Clearwater HousinQ Authority) Applicant is seeking the vacation of all streets and easements located within the subject property currently known as Jasmine Court, in order to redevelop the property. Progress Energy, Verizon, Brighthouse Cable and Knology Broadband have reviewed the request and have no objections or have no objections provided that the applicant bear relocation costs associated with redevelopment of the property. The property owner has agreed to pay all reasonable costs related to utility relocation. The property is presently developed with 284 dwelling units. On August 17, 2004 the Community Development Board approved a subdivision plat for this property named Parkview Village. A development order has been issued permitting the development of 295 new dwelling . units with 52,000 square feet of nonresidential floor area. The development order requires vacation of the subject street rights-of-way and easements as a condition of approval. Public Works Administration has reviewed the vacation request and has no objections. Councilmember Petersen moved to approve the applicant's request to vacate all street rights-of-way and easements located in the northeast one quarter of the northeast one quarter of See 17, 29,16, less the Northerly 50 feet thereof, (Drew Street) and less the Easterly 33 feet thereof, (Bayview Avenue), (AK.A. 2995 Drew Street), (VAC2004-12 Clearwater Housing Authority). The motion was duly seconded and carried unanimously. Ordinance #7341-04 was presented for first reading and read by title only. Councilmember Hibbard moved to pass Ordinance #7341-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. . Council 2004-09-16 4 . 8.6 Deny the applicants reauest to vacate the riaht-of-way easement described as a portion of Lantana Avenue more particularly described in Exhibit "A". attached and the south 6.25 feet of Lot 11. Block 264. Carlouel Subdivision. (A.K.A. 960 Lantana Avenue). and deny Ordinance #7340-04 on first readina. (VAC2004-11 Leuer) The easement subject of the request is an ingress and egress easement for City vehicles only. On July 23, 1981, the easement subject of applicant's request was granted. This access was necessary because portions of Lantana Avenue and Bruce Avenue had been vacated to limit access to Carlouel Subdivision, thus creating dead-ends on Lantana and Bruce Avenues. The Solid Waste Department objects to the request for operational and safety reasons; vacation of the easement will force side-loading solid waste vehicle to back up twice on Bruce Avenue to serve both sides of the road. An additional employee is needed to guide single driver vehicles per operational requirements. Traffic Operations also objects to the request for the safety and cost reasons. Progress Energy, Verizon, Bright House Cable and Knology Broadband have no objections to the vacation request. Public Works administration has reviewed the vacation request and recommends denial of the request. The Solid Waste Department has regularly and continuously used this easement. Vacation of the easement under present circumstances will have an adverse impact . on the Solid Waste Department's operations. Troy Purdue, applicant's representative, said this paved roadway serves as an easement for ingress and egress of City vehicles. He noted the City only has the right to 6.25 feet but uses more. City vehicles drive close to the applicant's home. In response to a question, Mr. Purdue said there is a survey of the property available. He said the owner wants to vacate the property for safety reasons. He said the public frequently speeds through this narrow easement. There is no signage to limit usage. He expressed concern permitting traffic along this easement is dangerous for children and residents in the area. In response to a question, Director of Solid Waste and General Services Bob Brumback said the City needs this easement and it would be extremely dangerous to vacate it, as City solid waste vehicles would have to back up twice. One person expressed concern the neighborhood was not properly notified of this hearing; however, remained neutral on the request. Howard Lugar, owner, said in 1979 the easement was vacated and questioned why it remains an easement. Concern was expressed if this road were vacated, it would create two dead ends without any turnarounds. . Councilmember Jonson moved to approve staff's recommendation to deny the applicants' request to vacate the right-of-way easement described as a portion of Lantana Avenue more particularly described in Exhibit "A", and the south 6.25 feet of Lot 11, Block 264, Council 2004-09-16 5 . . . Carlouel Subdivision, (A.K.A. 960 Lantana Avenue), (VAC2004-11 Leuer). The motion was duly seconded and carried unanimously. 9 Quasi-judicial public hearings 9.1 Approve the Petition for Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoninq Atlas Amendment from the County R-3. Sinqle-Family Residential District to the City Low Medium Density Residential (LMDR) District for 2334 Anna Avenue (Portion of Lot 28 and all of Lot 29. Rollino Heiqhts Subdivision in Sec 7- 29-16); and pass Ordinances #7326-04. #7327-04 & #7328-04 on first readino. The subject property is at 2334 Anna Avenue on the north side of the street, approximately 540 feet west of Dora Drive. The applicant is requesting this annexation in order to receive City solid waste service. The property is contiguous with the existing City boundaries to the north and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.197 acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have 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: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to 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 August 17, 2004, and unanimously recommended approval. Councilmember Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 2334 Anna Avenue (Portion of Lot 28 and all of Lot 29, Rolling Heights Subdivision in Sec 7-29-16). The motion was duly seconded and carried unanimously. Ordinance #7326-04 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7326-04 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2004-09-16 6 . . . "Ayes": Hibbard, Hamilton, Jonson, and Petersen. "Nays": None. Absent: Aungst. Ordinance #7327-04 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7327-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Petersen. "Nays": None. Absent: Aungst. Ordinance #7328-04 was presented for first reading and read in full. Councilmember Hamilton moved to pass Ordinance #7328-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 9.2 Approve the Petition for Annexation. land Use Plan Amendment from the County Residential/Office Limited (RlOL) and Residential Urban (RU) Cateoories to the City Residential/Office Limited (RlOl) and Residential Urban (RU) Cateaories and Zonina Atlas Amendment from the County P-1A. Limited Office and R-3, Sinole-Family Residential Districts to the City Office (0) and low Medium Density Residential (lMDR) Districts for 3108 Downina Street (lots 1,2, and 3 Downino Subdivision in Sec 16-20-16); and pass Ordinances #7329-04, #7330-04 & #7331-04 on first readino. The subject property is at 3108 Downing Street on the north side of the street, approximately 820 feet north of Gulf-to-Bay Boulevard. The applicant is requesting this annexation to bring the property within the municipal boundaries in anticipation of the future redevelopment of the site. The property is contiguous with the existing City boundaries to the north and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site consists of three lots approximately 0.637 acre in area and is occupied by a single-family detached dwelling. It is proposed that the two lots occupied by the dwelling have a Future land Use Plan designation of Residential/Office Limited (RlOl) and a zoning category of Office (0). The remaining lot, which is currently vacant, is proposed to have 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: The proposed annexation will not have an adverse impact on public facilities and their level of service. Council 2004-09-16 7 . . . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 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 August 17, 2004, and unanimously recommended approval. Councilmember Petersen moved to approve the Petition for Annexation, land Use Plan Amendment from the County Residential/Office Limited (RlOl) and Residential Urban (RU) Categories to the City Residential/Office Limited (RlOl) and Residential Urban (RU) Categories and Zoning Atlas Amendment from the County P-1A, Limited Office and R-3, Single-Family Residential Districts to the City Office (0) and low Medium Density Residential (lMDR) Districts for 3108 Downing Street (lots 1,2, and 3 Downing Subdivision in Sec 16-20-16). The motion was duly seconded and carried unanimously. Ordinance #7329-04 was presented for first reading and read by title only. Councilmember Hibbard moved to pass Ordinance #7329-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Ordinance #7330-04 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7330-04 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Ordinance #7331-04 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7331-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Council 2004-09-16 8 . . . 9.3 Approve a Land Use Plan Amendment from the Residential Urban (RU) cateaorv to the Residential/Office/Retail (R/O/R) cateaorv and a Zonina Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Medium Density Residential (MDR) District and the Commercial (C) District for property located at 2995 Drew Street (consistina of a portion Sec 17-29-16) and pass Ordinance #7332-04 to amend the Future Land Use Plan for a portion of the site and pass Ordinance #7333-04 and #7334-04 to amend the Zonina Atlas for the entire site on first readina. The subject site is a 39.79-acre parcel owned by the Clearwater Housing Authority (CHA). It is occupied by a 284-unit housing project known as Jasmine Courts. The CHA plans to redevelop this property as a traditional neighborhood with mixed land uses, including neighborhood retail and office uses, a variety of housing styles and price ranges, subsidized and market-rate units, recreation areas, an accessory daycare center, community center and clubhouse. At the August 17, 2004 meeting, the Community Development Board approved a site plan for this property (subject to the approval of this application) for 30,000 square-feet of office/retail uses and a total of 295 dwelling units. The current future land use and zoning designations would permit a maximum of 298 dwelling units on this property. The applicant is seeking to amend the Future Land Use Plan (FLUP) designation of 2.7 acres of this 39.79-acre site from the RU category to the R/O/R category and to rezone it from the LMDR District to the C District. The applicant plans to redevelop this portion of the site along Drew Street as the main entrance into the neighborhood with mixed-use development (30,000 square-feet of office/retail uses and 40 dwelling units). The applicant also proposes to rezone the remaining 37.09 acres of the property from the LMDR District to the MDR District in order to develop this portion of the site with 255 detached and attached dwelling units. The applicant seeks this rezoning because the current LMDR District does not allow attached units. The underlying future land use plan category of this portion of the site is Residential Urban (RU) is not proposed to change. The Planning Department determined that the proposed land use plan amendment and rezoning application for the 2.7 acres is consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment, review and approval by the Florida Department of Community Affairs is not required. The Planning Department determined that the proposed rezoning application for the 37.09 acres is consistent with the following standards specified in the Community Development Code: Council 2004-09-16 9 . . . The proposed rezoning application is consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. The Community Development Board reviewed these applications at its public hearing on August 17, 2004, and unanimously recommended approval of the application. Councilmember Hamilton moved to approve a Land Use Plan Amendment from the Residential Urban (RU) category to the Residential/Office/Retail (R10/R) category and a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Medium Density Residential (MDR) District and the Commercial (C) District for property located at 2995 Drew Street (consisting of a portion Sec 17-29-16). The motion was duly seconded and carried unanimously. Ordinance #7332-04 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7332-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Ordinance #7333-04 was presented for first reading and read in full. Councilmember Petersen moved to pass Ordinance #7333-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Ordinance #7334-04 was presented for first reading and read by title only. Councilmember Hibbard moved to pass Ordinance #7334-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 10 Second Readings. public hearing - None. Council 2004-09-16 10 . . . City Manager Reports 11 Consent Agenda - Approved as submitted. 11.1 Approve settlement of the entire workers' compensation claim of Tania Alich. to include indemnitv, medical, and attorney fees for the sum of $30,000 and authorize the appropriate officials to execute same. 11.2 Approve a Third Quarter Budaet Amendment to transfer $21 ,885.32 from 315-91243. Clearwater Mall Fire Station, to 315-91237, Northwest Fire Station, to provide fundina for the contract. 11.3 Approve a Second Amendment to License Aareement between Proaress Eneray, a Florida Corporation, and the City of Clearwater for use of the riaht of way alona Old Coachman Road and authorize the appropriate officials to execute same. 11.4 Approve the work order to Parsons Water and Infrastructure, Inc. of Tampa, an Enaineer of Record, for the desian and permittina of the Alliaator Lake Wetland Creation and Stormwater Treatment proiect in the amount of $256,218 and the appropriate officials be authorized to execute same. 11.5 Approve amendment to the Parkina Facilities Manaaement Contract with Standard Parkina Corporation clarifyina that the City is responsible for payina all reauired sales tax on revenue collected and authorize the appropriate officials to execute same. 11.6 Award a contract to Hausinaer & Associates, Inc. of Parrish. Florida. for the Wellfield Pumps Replacement Proiect (04-0036-UT) construction contract in the amount of $341 ,000, which is the lowest responsible bid received in accordance with plans and specifications, and: approve a work order to McKim & Creed, P.A. of Clearwater, Florida, Enaineer of Record (EOR) to provide limited construction administration services in the amount of $63.400, and authorize the appropriate officials to execute same. 11.7 Reauest for Authority to institute a auiet title action to clear a cloud on the title of property located at 606 Cedar Street. Clearwater. Florida, and owned by the City of Clearwater. Purchasing 11.8 Installation of aas mains and service lines durina the contract period: October 1, 2004 throuah September 30, 2005. 11.9 Library books and materials durina the period: October 1. 2004 throuah September 30, 2005. 11.10 Library books and materials durina the period: October 1, 2004 throuah September 30, 2005. 11.11 Generator maintenance durina the contract period: October 1,2004 throuah September 30.2006. 11.12 Cellular and radio service during the period: October 1, 2004 throuah September 30. 2005. Council 2004-09-16 11 . . . 11.13 Suncom lonq distance service. centranet lines and 800 number for dial in service durinq the period: September 17.2004 throuqh September 30.2005. 11.14 Telephone charqes. frame relay. Tl's and centranet trunks. directory advertisinq. Norstar maintenance. lonq distance overflow. frame relay internet service. and credit card/collect calls durinq the period: October 1. 2004 throuqh September 30. 2005. 11.15 Electrical utility charqes durinq the period: November 1. 2004 throuqh September 30. 2005. Councilmember Hibbard moved to approve the Consent Agenda as submitted, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 12 Other items on City Manager Reports 12.1 Pass on first readinq Ordinances #7335-04 and #7336-04 to amend the City's fiscal year 2003/04 Operatinq and Capital Improvement Budqets at third quarter. The fiscal year 2003/04 operating and capital improvement budgets were adopted in September 2003 by Ordinances #7188-03 and #7189-03. Section 2.521 of the City's Code of Ordinances requires the City Manager prepare a quarterly report detailing quarterly income and expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all active capital improvement projects. In response to a question, Assistant City Manager Garry Brumback said costs for clean up due to recent storms is unknown. Crews are working overtime in order to maintain regularly scheduled sanitation routes in addition to debris pickup after the storms. Councilmember Hamilton moved to amend the City's Fiscal Year 2003/04 Operating and Capital Improvement Budgets at third quarter. The motion was duly seconded and carried unanimously. Ordinance #7335-04 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7335-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Ordinance #7336-04 was presented for first reading and read in full. Councilmember Petersen moved to pass Ordinance #7336-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Council 2004-09-16 12 . Councilmember Hamilton moved to take Item 15.2 out of order. The motion was duly seconded and carried unanimously. (See Page 15) 12.2 Provide Direction to Planninq Department on findinqs of beach rezoninq study. In April 2003, the City Council adopted Ordinance #7105-03, which further clarified that the short-term rental of residential properties is not a permitted primary use in the residential zoning districts. During the review of this ordinance, City Council members expressed concerns that the area located west of Mandalay Avenue between Somerset and Kendall Streets, which is zoned Medium High Density Residential, may have many short-term rentals. The City Council requested that the Planning Department prepare a study to determine if the existing zoning designation of this area is the appropriate designation. The specific recommendations from the Planning Department are outlined in detail in the study. . Long Range Planning Manager Gina Clayton reviewed the zoning history in the study area. The study identified major areas of inconsistency between existing uses, zoning and Beach by Design. The MHDR zoning district does not allow overnight accommodations as an allowable use which use has not been allowed since 1975. There are existing uses as overnight accommodations, approximately half of them appear to be legal nonconforming uses, the remaining half appear to have been converted illegally not in compliance with the City's zoning regulations. The "preferred use" of the Old Florida district as single family and townhouses is extremely divergent from the plan density of 30 units per acre and from the height ranges of the MHDR and T zoning districts. The MHDR and T districts provide a range of height and density substantially greater than the Old Florida character district. Beach by Design does not adequately address density policy for this district and has several conflicting statement on the density issue. Since the density in the Old Florida district is the same as in the balance of the beach to the south, the Old Florida district does not function in a meaningful way as a transition area between the main commercial and active section of the Beach to the south and the purely single family residential area of North Beach. These inconsistencies result in unrealistic or uncertain property owner and developer expectations, difficulty in administration of Beach by Design and confusion and potential inconsistency in the review of development proposals in this area. She said a further study is needed to determine the character for the Old Florida district. Staff's analysis of the beach rezoning study resulted in the following three options: (1) Affirm the current zoning and land use plan for the study area are appropriate and continue the primarily residential nature of this area; (2) Recognize the western part of the study area as appropriate for tourist and residential uses; and (3) Recognize the western part of the study area as appropriate for both residential uses as well as overnight accommodations. Ms. Clayton said staff supports Option #3. Steps to implement include (1) A text amendment to the Comprehensive Plan to add the new land use plan category of Resort Facilities Overlay (RFO)as an allowable category. This amendment is a large-scale amendment requiring the review by the State Department of Community Affairs (DCA). (2) Amend the land use designation of the property west of Mandalay currently designated Residential High to add the Resort Facilities Overlay. (3) Amendment to Beach by Design to recognize the above changes. (4) Development of a new zoning district to implement the RFO. The district should allow residential uses and overnight accommodations but not commercial uses. (5) Rezoning of the area to this new zoning district. . Council 2004-09-16 13 . . . In response to a question, Ms. Clayton said the 1999 Code was in place before Beach by Design. Discussion ensued in regard to the short term rental litigation and the City Attorney said changing the zoning or adding an overlay district could affect the current lawsuit in this area, but was not necessarily bad. A request was made the word "preferred" in Beach by Design be reconsidered, as it is a nebulous term. Consensus was for staff to pursue a Resort Facility Overlay District. The Planning staff was complimented on its efforts in developing these options. 12.3 IAFF union neqotiations update. Human Resources Director Joe Roseto said the IAFF (International Association of Fire Fighters) ratification vote is tomorrow. A negative vote will not resolve the impasse. The meeting recessed from 8:06 to 8:16 p.m. 13 City Attorney Reports 13.1 Adopt Resolution #04-29. confirminq a declaration of a State of Emeroency; establishino emerqency procurement procedures. and establishino emeroency employee work schedules beqinninq September 4.2004 at 8:00 a.m. and endinq on September 7.2004 at 5:00 p.m. due to conditions surroundinq Hurricane Frances. The City Attorney said the ordinance terminates the same time as the County's. Councilmember Jonson moved to confirm a declaration of a State of Emergency, establishing emergency procurement procedures, and establishing emergency employee work schedules beginning September 4,2004 at 8:00 a.m. and ending on September 7,2004 at 5:00 p.m. due to conditions surrounding Hurricane Frances as amended. The motion was duly seconded and carried unanimously. Resolution #04-29 was presented and read by title only. Councilmember Hibbard moved to pass and adopt Resolution #04-29 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. 14 City Manaaer Verbal Reoorts - None. Council 2004-09-16 14 . 15 Council Discussion Items 15.1 Discussion re CM and CA evaluations Discussion ensued regarding the evaluation process. Consensus was to conduct evaluations using the same procedure as last year. 15.2 County participation in multi-purpose field complex The City Manager said the last offer by the County was $756,000 in hard costs and $40,000 in inkind services. He said the County suggested downsizing the project. He said the City wants to design a facility that meets the need for multi-purpose recreational fields. Parks & Recreation Director Kevin Dunbar said the City of Safety Harbor confirmed their interest in working with the City. Mr. Dunbar said he also had discussions with the Lightning Program. Nike also may be able to provide some funding. He said the City has reserved funds to shift to this project. Safety Harbor is willing to discuss increased participation and the City is looking for other participants. Mr. Dunbar said preliminary cost estimates are two years old. County Commissioner Karen Seel said the County is looking forward to a partnership with the City. She said the County's contribution would be one of the largest ever made for recreational purposes. The County's contribution would partly be funded from Penny for Pinellas funds and partly from MSTU (Municipal Service Taxing Units). In response to a question, she said the County would expect County residents who use the facility to pay the resident fee. . In response to a question, Mr. Dunbar said $350,000 already budgeted would be moved over to this project. He said currently, 34% of participants reside in incorporated areas; 27% reside in unincorporated areas; 25% reside in Safety Harbor; and 10% reside in other municipalities. Some participants are from Pasco and Hillsborough counties. Discussion ensued in regard to cities being maxed out due to the high demand from unincorporated areas and it was felt the County should participate through funding. Commissioner Seel expressed concern if this facility is funded at a higher level, cities would be knocking on the County's door. She mentioned other facility partnerships in the County. The City Manager said the City serves the needs of many other residents, including those residing in unincorporated areas. To meet that need, more funds are needed so that Clearwater residents do not have to absorb those costs. He suggested moving forward and working with Safety Harbor. Steve Heller, Countryside Youth Soccer Association, said the association is very interested in a three-way partnership for the facility, as it reflects the actual membership demands, however he did not know if it would close the gap between the County's offer. He offered to assist in the grant process or in any way possible. Discussion ensued and it was suggested after discussions with Safety Harbor, staff . come back with more specific numbers. It was felt the facility and recreational programs should Council 2004-09-16 15 . . . not be downgraded. In response to a question, Mr. Heller said as soon as a decision is made to proceed with the facility, he could begin the grant process. Consensus was to move forward with discussions with the City of Safety Harbor and keep the dialogue open with the County. 16 Other Council Action Vice-Mayor Hibbard said the MPO voted 6:5 to end the no-fee zones in St. Pete, Pinellas Park, and Safety Harbor; urged patience regarding debris removal, as the Solid Waste Department is doing a wonderful job and no additional costs will be passed onto citizens; said everyone is blessed that Hurricane Frances was not worse; invited everyone to attend the Taste of Clearwater; congratulated Sandra Currey & Bob Bentz as the new Mr. & Mrs. Countryside; and said Crum is preparing to move downtown. Councilmember Petersen took her sons to Northwestern University; was thankful Hurricane Ivan did not hit here; and congratulated the new Mr. & Mrs. Countryside. Councilmember Jonson invited Council and staff to attend the FLC (Florida League of Cities) Policies Committee's first meeting tomorrow and reviewed issues to be discussed; reviewed his attendance at the Creative Cities Conference; mentioned the Grand Boulevard program to reconnect Kennedy Avenue for economic redevelopment; and expressed concern regarding the impact on Tampa Bay Estuary due to Hurricane Frances. Council member Hamilton referenced a fax from the Chamber to keep the South Beach Pavilion open during repairs, then left the meeting. Mayor Aunqst wished Council member Hamilton a Happy Birthday next week; invited everyone to attend the Taste of Clearwater on September 21; announced the Annual CHIP (Clearwater Homeless Intervention Project) Gala will be held on September 25 at the Belleview Biltmore; and received e-mails complimentary of City services during recovery from recent storms. Discussion ensued in regard to the South Beach Pavilion. Consensus was to move forward as planned. 17 Adjourn The meeting adjourned at 9:26 p.m. ------- ~ k2: Cit lerk )L, Q.....,.. Council 2004-09-16 16