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03/17/2005 . Present: Frank Hibbard William C. Jonson Hoyt P. Hamilton Carlen Petersen John Doran Also present: William B. Horne II Garry Brumback Pamela K. Akin Cynthia E. Goudeau Brenda Moses CITY COUNCIL MEETING CITY OF CLEARWATER March 17, 2005 Mayor Vice-Mayor Councilmember Council member Council member 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. Reverend Doctor John R. Thompson, Countryside Christian Center, offered the invocation. Councilmember Hamilton 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 Service Awards Two service awards were presented to City employees. 5.2 Administer Oaths of Office City Clerk Goudeau administered the Oaths of Office to Councilmembers Hamilton and Doran and Mayor Hibbard. 5.3 Proclamation: Neighborhoods Week - March 28 - April 2, 2005 5.3 Relav for Life - American Cancer Society 5.4 Library - Tampa Bav Reqional Planninq Council Award 6 Approval of Minutes 6.1 City Council - March 3, 2005 Council member Jonson moved to approve the minutes of the regular meeting of March 3, 2005, as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. . 7 Citizens to be Heard re Items Not on the Agenda Council 2005-03-17 1 . John Wiser reported on street lights that are out or damaged. He said the Countryside Recreation Center floor needs replacement. He said May 15 is Countryside Day with a picnic at the Recreation Center. He requested the City lend a hand with some music. He said Rotary Day at the races for terminally ill kids is this Saturday. Public Hearings - Not before 6:00 PM 8 Administrative public hearings - None. 9 Quasi-judicial public hearings 9.1 Approve the Annexation. Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoninq Atlas Amendment from the County R-3. Sinqle- Family Residential District to the City Low Medium Density Residential (LMDR) District for 2770 S.R. 590 (Lot 30 Block 2 Virqinia Grove Terrace 1st Addition in Sec. 5-29-16) (ANX2004-11018) . The subject property is at 2770 SR. 590, at the northeast corner of S.R. 590 and Grove Drive approximately 2,050 feet east of U.S. Highway 19 North. The applicant is requesting this annexation in order to receive City sewer and solid waste services. The property is contiguous with the existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.224 acre 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 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, the Community Development Code and Pinellas County and Florida Law; and 3) 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 Pine lias Planning Council (PPC) and Pinellas County staffs according to the provisions of Pine lias County Ordinance # 00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this application at its public hearing on February 15, 2005 and unanimously recommended approval of the application. Councilmember Jonson moved to approve the Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 2770 S.R. 590 (Lot 30 Block 2 Virginia Grove Terrace 1st Addition in Sec. 5-29-16). The motion was duly seconded and carried unanimously. Ordinance #7394-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7394-05 on first reading. The motion was duly seconded and upon roll call, the vote was: . "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. Council 2005-03-17 2 . "Nays": None. Ordinance #7395-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7395-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7396-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7396-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9.2 Approve the Annexation and initial City Future Land Use Plan desiqnation of Commercial General (CG) and initial City Zoninq Atlas desiqnation of Commercial (C) for an unnamed riqht- of-way 16 feet in width and 300 feet in lenqth on the north side of 3070 Gulf-to-Bay Boulevard (consistinq of a parcel of land Iyinq between lots 1-6 and lots 18-23. block 3. Bawiew Terrace in Sec. 16-29-16). . The subject site is an unnamed right-of-way 16 feet in width and 300 feet in length adjacent to the north edge of property located at 3070 Gulf-to-Bay Boulevard, at the northern terminus of Bay Street and approximately 170 feet west of U.S. Highway 19 North. This annexation is being processed to bring this unimproved right-of-way into the City boundaries. The owner of adjacent property to the south would like to request this street's vacation in order to incorporate it into the site, which contains a 127-room hotel and a proposed 55-room hotel (case FLD2004-11 081). The right-of-way is contiguous with existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.11 acre in area and is unimproved. It is proposed that the property have a Future Land Use Plan designation of Commercial General (GC) and a zoning category of C, Commercial. 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 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. Please refer to the attached report (ANX2004-12020) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on February 15, 2005 and unanimously recommended approval. Council 2005-03-17 3 . . . Council member Jonson moved to approve the Annexation and initial City Future Land Use Plan designation of Commercial General (CG) and initial City Zoning Atlas designation of Commercial (C) for an unnamed right-of-way 16 feet in width and 300 feet in length on the north side of 3070 Gulf-to-Bay Boulevard (consisting of a parcel of land lying between lots 1-6 and lots 18-23, block 3, Bayview Terrace in Sec. 16-29-16). The motion was duly seconded and carried unanimously. Ordinance #7397-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7397-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7398-05 was presented for first reading and read by title only. Council member Doran moved to pass Ordinance #7398-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7399-05 was presented for first reading and read by title only. Council member Hamilton moved to pass Ordinance #7399-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9.3 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 1617 Sherwood Street (Lot 5. Block 13 of Second Addition to Hiqhland Pines Subdivision in Sec. 11-29-15). The subject site is an unnamed right-of-way 16 feet in width and 300 feet in length adjacent to the north edge of property located at 3070 Gulf-to-Bay Boulevard, at the northern terminus of Bay Street and approximately 170 feet west of U.S. Highway 19 North. This annexation is being processed to bring this unimproved right-of-way into the City boundaries. The owner of adjacent property to the south would like to request this street's vacation in order to incorporate it into the site, which contains a 127 -room hotel and a proposed 55-room hotel (Case FLD2004-11 081). The right-of-way is contiguous with the existing City boundaries to the . south and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.11 acres in area and is unimproved. It is proposed that the property have a Future Land Use Plan designation of Commercial General (GC) and a zoning category of C, Commercial Council 2005-03-17 4 . . . 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 boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pine lias 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 February 15, 2005 and unanimously recommended approval. Councilmember Jonson 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 1617 Sherwood Street (Lot 5, Block 13 of Second Addition to Highland Pines Subdivision in Sec. 11-29-15). The motion was duly seconded and carried unanimously. Ordinance #7391-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7391-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7392-05 was presented for first reading and read by title only. Council member Doran moved to pass Ordinance #7392-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7393-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7393-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10 Second Readings - public hearing 10.1 Adopt Ordinance #7368-05 on second readino, amendino Appendix A re: Gas Rates Council 2005-03-17 5 . . . Ordinance #7368-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7368-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10.2 Adopt Ordinance #7382-05 on second readinq, correctinq Ordinance #7205-03, substitutinq a new map showinq the correct future land use map classifications. Ordinance #7382-05 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance #7382-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10.3 Adopt Ordinance #7383-05 on second readinq. correctinq Ordinance #7206-05. substitutinq a new map showinq correct zoninq classifications. Ordinance #7383-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7383-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. City Manager Reports 11 Consent Agenda - Approved as submitted. 11.1 Establish a Blue Ribbon Senior Center Task Force thatwill make recommendations to the City Council reqardinq the development of a senior center facility and its proqrams. 11.2 Award a contract to Rolladen of St. Petersburq, FI in the amount of $428,818 for the base bid and include Option A and Option B for window. door. and qlazinq protection system for Clearwater Police Headquarters. authorize the appropriate officials to execute same and appropriate $428,818 from the General Fund retained earninq for this contract. 11.3 Grant a temporary inqress and eqress easement over and across a 50 by 100 foot portion of City-owned parcel 17-29-15-00000-230-0100. said parcel beinq the ietty at Sand Key Park, to Pinellas County for a term not to exceed one year, subiect to all other terms and conditions contained in said Temporary Inqress and Eqress Easement and authorize the appropriate officials to execute same. 11.4 Approve the Amendment to Aqreement between the City of St. Petersburq and the City of Clearwater for relocation of the St. Petersburq water main associated with the Kapok Wetland and Floodplain Restoration Proiect. increasinq the reimbursement to St. Petersburq by $15.000. Council 2005-03-17 6 . . . for a total of $85.030 for associated costs. and authorize the appropriate officials to execute same. Purchasing 11.5 Trane Company - Hiqh efficiency screw type chillers with bronze qlow coil corrosion inhibitor. Model RT AC155. 11.6 Ellis K. Phelps & Company. Apopka. Florida - Flyqt and Wemco pumps. parts and service durinq the contract period April 8. 2005 throuQh April 30. 2006 in an amount not to exceed $175.000. Council member Hamilton 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 #7402-05 and #7403-05. amendinq the City's fiscal year 2004/05 Operatinq and Capital Improvement Budqets at first quarter. The fiscal year 2004/05 operating and capital improvement budgets were adopted in September 2004 by Ordinances #7338-04 and #7339-04. Section 2.521 of the City's Code of Ordinances requires that the City Manager prepare a quarterly report detailing 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, Budget Director Tina Wilson said the City has not collected any alternative communications taxes. Councilmember Hamilton moved to amend the City's fiscal year 2004/05 Operating and Capital Improvement Budgets at first quarter. The motion was duly seconded and carried unanimously. Ordinance #7402-05 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7402-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Ordinance #7403-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7403-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Council 2005-03-17 7 . 12.2 Adopt Resolution #05-14. authorizinq the execution of a Joint Participation Aqreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation for the aCQuisition and installation of a New Modular Terminal/Fixed Base Operation Buildinq at Clearwater Airpark and authorize the appropriate officials to execute same. FDOT has agreed to provide 80% reimbursable funding for the acquisition and installation of a New Modular Terminal/Fixed Base Operation Building at Clearwater Airpar~, 1000 North Hercules Avenue. This project is estimated to cost $187,500. The FDOT portion will be 80%, or $150,000. The City portion is 20%, or $37,500. Councilmember Doran moved to authorize the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation for the acquisition and installation of a New Modular Terminal/Fixed Base Operation Building at Clearwater Airpark. The motion was duly seconded and carried unanimously. Resolution #05-14 was presented and read by title only. Council member Hamilton moved to pass and adopt Resolution #05-14 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. . 12.3 Approve phasinq the Cleveland Street Streetscape proiect to allow for east and west bound traffic durinq construction. Economic Development/Housing Director Geri Campos requested Council direction regarding the Cleveland Street streetscape project timeframe. Staff anticipates construction will begin by January 2006. The two options are to close the street entirely for 12 months or to phase the project over 18 months so that traffic remains on the street. Although a 12-month timeframe could result in savings, the 18-month phasing would be of less impact on businesses. She noted the bids could be released with the 18-month phasing and allowing a 12-month option. The options would be re-evaluated once the Memorial Causeway Bridge is open. In response to a question, Ms. Campos said staff is evaluating parking. Opposition to planting oak trees in the median was expressed. Consensus was to go forward with the oaaks as planned.. DDB (Downtown Development Board) Chair Bob Fernandez and Vice-Chair David Allbritton said the 18-month construction timeframe was preferred by most business owners and was recommended by the Greater Clearwater Chamber of Commerce. They recommended an education campaign regarding parking, etc., and to attract people Downtown after the project is complete. One person spoke in support of an 18-month construction timeframe and maintaining two-way traffic on Cleveland Street during the project. . Council member Jonson moved to approve phasing the Cleveland Street Streetscape project to allow for east- and westbound traffic during construction for an 18-month construction timeframe with the option of 12-months. The motion was duly seconded and carried unanimously. Council 2005-03-17 8 . . . 12.4 IAFF Union neqotiations update. Assistant City Manager Garry Brumback reported the City met with the IAFF (International Association of Fire Fighters) Union on March 11, 2005. Another meeting is scheduled for March 22, 2005. 13 City Attorney Reports - None. 14 City Manager Verbal Reports Mr. Brumback visited Pensacola and said many areas remain uninhabitable following last year's hurricane devastation. Hundreds of trailers continue to provide temporary shelter. The FEMA reimbursement process has been slow. Boy Scout Troop #2, attending for the citizenship in the community badge, was introduced. 15 Council Discussion Items Mavor Hibbard reported on his Washington D.C. trip. He said the meeting to discuss the tension in North Greenwood was fruitful. He commended Reverend Fredd Hinson for his facilitation of the meeting; the next meeting is in two weeks. He was disappointed with only one attendee at the breakfast meeting. Consensus was to continue meetings with options for breakfast, coffee, or lunch. He requested Council support to join the Tampa Bay Partnership in Washington D.C. on May 11 & 12,2005, to lobby regarding transportation issues. Consensus was to support. 16 Other Council Action Mavor Hibbard congratulated Lawn Bowling on their southeast tournament; he threw out the first pitch at the Little League game; he attended a dinner at the Haven; he thanked the Currey's who left the community; he announced Paint Your Heart Out is this Saturday, Greek Independence Day is 1 :00 p.m. Saturday at City Hall; he wished everyone a safe St. Patrick's Day; he invited everyone to attend a Phillies' game. Council member Doran congratulated the Farmer's Market Chili Cook-off winners; he attended the Clearwater Marine Aquarium's Art for the Animals last Saturday - they need donations; this morning he attended the Grand Opening of Wells Court, another project that will contribute to Downtown's success. Councilmember Petersen was concerned regarding work force housing; she thanked the Phillies for the evening with them; she said the contingent from Nagano will be here on April 26 - 29, she expects a schedule soon; she met with the YMCA Leadership Group; she said the Homeless Task Force's next meeting is in Clearwater at the Main Library - they will meet with HEP and CHIP before the meeting. Councilmember Jonson said the Suncoast League of Cities luncheon is on Saturday in Clearwater - they will discuss a regional transportation plan. He hoped the Calvary Baptist chapel can be saved. He thanked the Mayor for his leadership on transportation; he reviewed this week's Florida League of Cities legislative phone call; he attended a meeting with County Council 2005-03-17 9 . . . Commissioner See I regarding landscaping on US19; he recognized John Szabo for his efforts regarding the library; and he went to the Chamber Lifetime Achievement Awards ceremony. Council members Hamilton and Jonson wished everyone a Happy S1. Patrick's Day. Councilmember Hamilton congratulated Clearwater High School for making it to the Championship game in basketball. 17 Adjourn The meeting adjourned at 7:51 p.m. -I~;/ ~ Maior tvl: . if~A'~'?;. )L,DRo. City Ie Council 2005-03-17 10