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04/21/2005 . . . CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 21, 2005 Present: Frank Hibbard William C. Jonson Hoyt P. Hamilton Carlen Petersen John Doran Mayor Vice-Mayor Council member 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. The invocation was offered by Reverend Jay Sloan, Central Church of the Nazarene. 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 - Neiqhborhood ofthe Quarter The award for Neighborhood of the Quarter was presented to the Village on Island Estates. The awards for Home of the Quarter were presented to Gary McGonigal, 1410 North Hibiscus Street, John Freeborn, 301 Prescott Avenue, Charles and Schemique Harris, 1110 Palm Bluff Street, and Allen and Betty Arnold, 3350 San Jose Street. The Mayor asked staff to consider a business award per quarter. 5.2 - Clearwater Women's Open Tom Spencer thanked the City for its support of Girls & Boys Club. He provided details of the open and thanked everyone involved. He presented posters to the City and Sheriff's Department. The Mayor thanked all the volunteers who worked on the event. 5.3 - Excellence in Youth Sportsmanship Award The Mayor presented and congratulated the recipients of the third annual City of Clearwater Excellence In Youth Sportsmanship Awards. Council 2005-04-21 1 . . . 5.4 - Proclamation - April as Water Conservation Month The Mayor proclaimed April as Water Conservation Month. Lou Badami reminded all citizens to conserve water. The Mayor thanked everyone for Clearwater's decrease in water consumption. 6 - Approval of Minutes 6.1 - City Council - April 7,2005 Councilmember Jonson requested under Other Council Action, page 11, second paragraph, "announced" be changed to "reported" and on page 12, first paragraph "Clearwater High School" be changed to "Countryside High School." Councilmember Jonson moved to approve the minutes of the regular meeting of April 7, 2005, as amended. The motion was duly seconded and carried unanimously. 7 - Citizens to be Heard re Items Not on the Agenda Anne Garris, representing Save the Bayfront, announced the group has a website and supports the use of Calvary Baptist Church for a City Hall. Harriet Weller said she received no notice of change of use for property on 41 Devon Drive and opposes a parking lot there. John Wiser recommended adding an aquatic center to the Countryside Recreation Center. Mellbraham said he was upset he did not receive a response to his requests for a memorial plaque in memory of Rebecca McKinney. The Mayor is to contact him. Public Hearings 8 Administrative public hearings 8.1 - Approve applicant's request to vacate the 15-foot allev Ivina alona the south property line of Lot 1. Block 45A. Mandalav Subdivision, (a.k.a. 911 Lantana Avenue), subiect to the retention of a drainaae and utilitv easement. and pass Ordinance #7427-05 on first readina, (VAC2005-02 Chauvin). The applicant is seeking vacation of the alley in order to expand the yard and provide additional room for future construction of a swimming pool am;! utility room. The subject alley is unimproved. Verizon and Knololgy Broadband have no objections to the vacation request. Progress Energy and Brighthouse Cable have no objections provided that a utility easement is retained. The City of Clearwater has no utility facilities in the alley at this time. Council 2005-04-21 2 Public Works Administiation has no objections to the vacQtjo~ request provided that a . drainage and utility easement is retained over the full width of the alley to be vacated. Council member Jonson moved to approve the applicant's request to vacate the 15-foot alley lying along the south property line of Lot 1, Block 45A, Mandalay Subdivision, (a.k.a. 911 Lantana Avenue), subject to the retention of a drainage and utility easement (VAC2005-02 Chauvin). The motion was duly seconded and carried unanimously. Ordinance #7427-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7427-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 8.2 - Approve applicant's request to vacate the east 5 feet of the 10-foot utility easement Iyinq alonq the west property line of Lot 32. Cedar Heiqhts. (a.k.a. 2010 Kamensky Road). and pass Ordinance #7428-05 on first readinq. (VAC2005-03 Strauser). The applicant is seeking to vacate the described portion of Fifth Avenue North as well as portions of Lake Shore Drive, Second Avenue North, Third Avenue Nor::th and Fourth Avenue North that are presently located in unincorporatedPinellas County: . Applicant intends to add the vacated right-of-way portions to adjacent property in order to develop the property with detached single family homes on larger lots than those presently platted. The property owner has not made a final determination regarding the replatting. At a minimum, street rights-of-way and easements needed to provide vehicular and utility access to the development will need to be dedicated. The property owner is aware that annexation is a prerequisite to obtaining city sanitary sewer service. Progress Energy, Verizon, Knology Cable and Brighthouse Broadband have no objections to the vacation request. The City of Clearwater has no facilities in the subject right-of-way portion. Public Works Administration has no objections to the vacation request. Councilmember Doran moved to approve the applicant's request to vacate the east 5 feet of the 10-foot utility easement lying along the west property line of Lot 32, Cedar Heights, (a.k.a. 2010 Kamensky Road) (VAC2005-03 Strauser). The motion was duly seconded and carried unanimously. Ordinance #7428-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7428-05 on first reading. The motion was duly seconded and upon roil call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. . "Nays": None. Council 2005-04-21 3 . . . 8.3 - Approve the applicant's request to vacate the northerly 10 feet of Dempsey Street more particularly described in Exhibit "A", (AK.A 721 Lakeview Road), subiect to the retention of a drainaoe and utility easement over the southerly 3 feet of the rioht-of-way portion to be vacated, and pass Ordinance #7378-05 on first readino, (VAC 2004-16 City of Clearwater). This request for vacation is being made on behalf of the adjoining property owner operating a business known as the "Candy Factory". The property owner's building encroaches approximately 7 feet into the Dempsey Street rig ht -of-way. Vacation of the 10 feet will resolve the building encroachment issue and also allow the property owner to install security measures to deter trespassing on his property. Progress Energy, Verizon and Knology have reviewed the request and have no objections provided that either a utility easement is provided to prctect their facilities or that the property owner shall pay all reasonable costs associated with the relocation of their facilities. Progress Energy has a utility pole and overhead lines in the south 3 feet of the right-of- way portion proposed to be vacated; accordingly, the south 3 feet should be retained as a drainage and utility easement. The City presently has no utilities in the subject right-of-way portion. Public Works Administration has no objections to the vacation request provided that a drainage and utility easement is retained over the southerly 3 feet of the right-of way to be vacated. Councilmember Jonson moved to approve the applicant's request to vacate the northerly 10 feet of Dempsey Street more particularly described in Exhibit "A", (AK.A 721 Lakeview Road), subject to the retention of a drainage and utility easement over the southerly 3 feet of the right-of-way portion to be vacated (VAC 2004-16 City of Clearwater). The motion was duly seconded and carried unanimously. Ordinance #7378-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7378-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 8.4 - Approve the applicant's request to vacate part of Fifth Avenue North, from the northerly extension of the west property line of Lot 9, Block 49, Chautauqua on the Lake, Unit 1, Section A. (a.k.a. southwest corner of Fifth Avenue North and Lake Shore Lane), to the west rioht-of- way line of Lake Shore Drive, and pass Ordinance #7429-05 on first readino, (VAC2005-04 Krauser). The applicant is seeking to vacate the described portion of Fifth Avenue North as well as portions of Lake Shore Drive, Second Avenue North, Third Avenue North and Fourth Avenue North that are presently located in unincorporated Pinellas County. Council 2005-04-21 4 . . . Applicant intends to add the vacated right-of-way portions to adjacent property in order to develop the property with detached single family homes on larger lots than those presently platted. The property owner has not made a final determination regarding the replatting. At a minimum, street rights-of-way and easements needed to provide vehicular and utility access to the development will need to be dedicated. The property owner is aware that annexation is a prerequisite to obtaining City sanitary sewer service. Progress Energy; 'v'erizon; Knology- Cable and Brighihoust: Broadband have no . objections to the vacation request. The City of Clearwater has no facilities in the subject right-of-way portion. Public Works Administration has no objections to the vacation request. Councilmember Doran moved to approve the applicant's request to vacate part of Fifth Avenue North, from the northerly extension of the west property line of Lot 9, Block 49, Chautauqua on the Lake, Unit 1, Section A, (a.k.a. southwest corner of Fifth Avenue North and Lake Shore Lane), to the west right-of-way line of Lake Shore Drive (VAC2005-04 Krauser). The motion was duly seconded and carried unanimously. Ordinance #7429-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7429-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 8.5 - Approve a text amendment to the Future Land Use Plan Element of the Clearwater Comprehensive Plan and Pass Ordinance #7388-05 on first read!nq.. . In 2004, the Plann!ng Department conducted an in-depth review of a portion of the Old Florida District on Clearwater Beach. One conclusion of the study was to apply the Resort Facilities Overlay (RFO) Future Land Use Map category to this area in order to permit residential and overnight accommodation uses. This category is allowed by the Pinellas Planning Council Countywide Rules, however, it is not currently allowed by the Clearwater Comprehensive Plan. One of the three amendments proposed to the Future Land Use Element of the Comprehensive Plan is to add the RFO as a permitted Future Land Use Map classification. The other two amendments are editorial in nature. One amendment changes references to the 1995 Clearwater Redevelopment Plan to the newly adopted 2004 Plan. The other deletes two policies regarding the Mixed-Use zoning district, which was repealed in 2000. The Planning Department has determined that the proposed amendment is consistent with other provisions of the Clearwater Comprehensive Plan, will further the City's redevelopment goals, will not adversely impact the use of property in the immediate vicinity, will not adversely affect the natural environment or property in the immediate area, and sufficient public facilities. exist to implement the proposed amendment. Because this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. Council 2005-04-21 5 The Community Development Board reviewed this proposed amendment at its public . hearing on March 15, 2005 and unanimously recommended approval. Councilmember Jonson moved to approve a text amendment to the Future Land Use Plan Element of the Clearwater Comprehensive Plan. The motion was duly seconded and carried unanimously. Ordinance #7388-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7388-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. .. . "Nays": None. 8.6 - Approve text amendments to the Community Development Code and pass Ordinance #7413-05 on first readinQ. Since the adoption of the Community Development Code, several appeal cases have been litigated under its provisions. Rulings by the Division of Administrative Hearings and the Pinellas County Circuit Court in these cases have suggested Code amendments in order to effectuate the intent of the Code as adopted by the City Council and interpreted by the City Attorney and the Code Administrator. Proposed Ordinance #7413-05 includes the following amendments: . 1. Amendment to the Zoning District Regulations, Sections 2-103B.2." 2-1 04D.1., 2 203C.2., 2-204E.1., 2-304G.1., 2-404F.1., 2-504F.1., 2-704C.1., 2-803C.1., 2-903C.1., 2- 1004B.1., 2-1204A.1., 2-1304C.1., 2-1404A.1., 2-1601E.1.c., 2-1602E.2.c., and 2-1602F.2.c. (Pages 1. through 9. of the proposed ordinance): amendments to the review and approval criteria for Residentiallnfill Projects and Comprehensive Infill Redevelopment Projects to clarify that the "impracticality" criterion applies where deviation is sought from one or more, as opposed to all, of the listed items. 2. Amendmenfto Section 3':'913: amendment tothe General Standards for Level One and Level Two approvals tc clarify that applications shall meet each and every one of the six listed criteria. 3. Amendment to Section 4-404: to provide that the Community Development Board shall make findings of fact, that Level Two approvals shall not be considered or construed as special exceptions or variances, and that the burden of proof in a Level Two case shall be upon the applicant to demonstrate that all required criteria for approval are met. 4. Amendment to Section 4-505 concerning appeals before the Community Development Board: to delete the provision that certain appeals go on the Consent Agenda, and providing for a hearing for all appeals. Also clarifying that in order to grant an appeal, the Board must find that each and every one of the listed criteria is met. . 5. Amendment to Section 4-505 regarding Hearing Officer appeals: to define what the record for such appeals shall be, to provide for motions to supplement the record, and to clarify Council 2005-04-21 6 . . . that the burden is on the appellant to show that the Board's decision cannot be sustained by competent substantial evidence. 6. Amendment to Section 6-109 regarding Termination of Status as a Nonconformity: to clarify that reconstruction of structures nonconforming as to density on the same parcel may occur provided level Two approval is obtained and other requirements are met. In response to a question, Assistant City Attorney leslie Dougall-Sides said a Hearing Officer reviews the original Findings of Fact. There should not be any supplemental information submitted into evidence at an appeal hearing. Councilmember Doran moved to approve text amendments to the Community Development Code. The motion was duly seconded and carried unanimously. Ordinance #7413-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7413-05 on first reading. The motion was duly seconded and upon roil call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9 - Quasi-judicial public hearings 9.1 - Approve the Petition for Annexation. Future land Use Plan Amendment from County ResidentiallOffice Limited (R/Ol) to City ResidentiallOffice Limited (R/Ol) and Zonino Atlas Amendment from the County P-1A Limited Office District to the City Office (0) District for 150 McMullen-Booth Road (Portion of Metes and Bounds 23/01 in Section 16-29-16); and Pass Ordinances #7407-05. #7408-05 and #7409-05 on first readino. The subject site is located at 150 McMullen-Booth Road, approximately 950 feet north of the northwest corner of Gulf-to-Bay Boulevard (State Route 60) and McMullen-Booth Road (County Route 611). The applicant is requesting this annexation in order to receive City sanitary sewer and solid waste service. The property is contiguous with the existing City boundaries to the north, east, south and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 3.402 acres in area and is occupied by an existing office building. It is proposed that the property have a Future Umd Us~Plan designation of Residsnti~!!Office Umitsd (R/Ol) and a zoning category of Office (0). . The Planning Department has 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, the Community Development Code and Pine lias County and Florida law. The proposed annexation is contiguous to existing municipal boundaries and represents a logical extension of the boundaries. Council 2005-04-21 7 . . . This annexation has been reviewed by the Pinellas Planning Council (PPe) 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 application at its public hearing on March 15, 2005 and unanimously recommended approval of the application. Councilmember Jonson moved to approve the Petition for Annexation, Future land Use Plan Amendment from County Residential/Office Limited (Rial) to City Residential/Office Limited (Rial) and Zoning Atlas Amendment from the County P-1A Limited Office District to the City Office (0) District for 150 McMullen-Booth Road (Portion of Metes and Bounds 23/01 in See 16-29-16). The motion was duly seconded and carried unanimously. Ordinance #7407-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7407-05 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 #7408-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7408-05 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 #7409-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7409-05 on first reading. The motion was duly seconded and upon roli Gall, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9.2 - Approve the Petition for Annexation. Future land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoninq Atlas Amendment from the County R-4, One, Two and Three Family Residential District. to the City Medium Density Residential (MDR) District for 2060 Everqreen Avenue (lots 7.8. 15 and 16 Brooklawn Subdivision. Block I in Section 3-29-15); and Pass Ordinances #7414-05. #7415-05 & #7416-05 . on first readinq. (ANX2004-08014A). The subject property is at 2060 Evergreen Avenue, bounded by Arbelia Street (north), Evergreen Avenue (east), Idlewild Drive (south) and lantana Avenue (west) located 300 feet west of King's Highway. On March 3, 2005, 1.8 acres consisting of lots 1 through 16 was intended to be annexed into the City of Clearwater as part of ANX2004-08014 on second reading. However, only 1.34 acres consisting of lots 1 through 6 and lots 9 through 13 was annexed into the City of Clearwater due to an error in the title of Ordinance #7362-05. The Council 2005-04-21 8 . . . subjects of this application are the remaining two parcels 0.46-acres in area consisting of Lots 7, 8, 15 and 16. Approval of this application (ANX2004-08014A) will correct that omission and bring these four lots into the City of Clearwater as originally intended. The applicant is requesting this annexation in order to receive City water, sewer and solid waste services. The property is contiguous with the existing City boundaries to the south: east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.46 acre in area and is part of a larger property a total of 1.8 acres in area and is vacant. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Medium Density Residential (MDR). This annexation has been reviewed by the Pinellas Planning Council (PPC) according to the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no objections have been raised. 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. . . . Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District, to the City Medium Density Residential (MDR) District for 2060 Evergreen Avenue (Lots 7, 8, 15 and 16 Brooklawn Subdivision, Block I in Sec 3-29-15). The motion was duly seconded and carried unanimously. Ordinance #7414-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7414-05 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 #7415-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7415-05 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 2005-04-21 9 . . . Ordinance #7416-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7416-05 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. Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office General (RlOO} ~r:d ZoninQ Atlas Amendment from the County R-3. Sinqle-FamilyResidential District. to the City Office (0) District for 2723 S.R. 580 (Lot 5 Block 1 Acker's Subdivision in Section 28-28-16); and Pass Ordinances #7404- 05, #7405-05 & #7406-05 on first readinq. (ANX2004-11019 and LUZ2004-11007). The subject property is located at 2723 S.R. 580, on the south side of S.R. 580 approximately 1,300 feet west of McMullen Booth Road. The annexation, future land use plan amendment and rezoning are requested by the applicant who intends to construct a two-story office building 2,428 square-feet in area on this 0.16-acre vacant lot. This annexation will enable the applicant to receive City sewer and solid waste services. The property is contiguous with the existing City boundaries to the east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. 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, the Community Development Code and Pinellas County and Florida Law. ,. ~.- The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not result in 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 applicant is requesting to amend the Future Land Use Plan Map designation of the site from Residential Urban (RU) (County) to Residential/Office General (R10G) (City) to enable the application to construct an office. Additionally, a zoning atlas amendment is requested to rezone the site from the County's R-3, Single-Family Residential designation to the City's Office (0) District. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed future 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. Council 2005-04-21 10 . . . In accordance with the Countywide Plan Rules, the future 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 site, review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on March 15, 2005 and unanimously recommended approval of both applications. Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office General (R/OG) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Office (0) District for 2723 S.R. 580 (Lot 5 Block 1 Acker's Subdivision in Sec 28-28- 16). The motion was duiy secohded and carried unanimously. Ordinance #7404-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7404-05 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 #7405-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7405-05 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 #7406-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7406-05 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 . .. 10.1 - Adopt Ordinance #7381-05 on second readino, relatino to the Buildino and Development reoulations, amendino Appendix A Schedule of Fees, Rates, and Charoes relatino to Section 47.083, creatino a refundabl~ buildino permit fee of $200 for holders of expired permits. Ordinance #7381-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7381-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. Council 2005-04-21 11 . . . "Nays": None. 10.2 - Adopt Ordinance #7423-05 on second readino. authorizino additional Gas System revenue bonds. Ordinance #7423-05 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance #7423-05 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. 1 0.3 - Continue Ordinances #7397-05. #7398-05, and #7399-05 to a date uncertain Councilmember Doran moved to continue Ordinances #7397-05, #7398-05, and #7399- 05 to a date uncertain. The motion was duly seconded and carried unanimously. City Manager Reports 11 - Consent Agenda - Approved as submitted. 11.1 - Approve Aoreement with The Salvation Army to administer City of Clearwater Utilities We Care Fund prooram providino temporary emeroency payment of past due City of Clearwater utility bills for elioible customers of the City Utilities System and authorize the appropriate officials to execute same. 11.2 - Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal throuoh sale to the hiohest bidder at the Tampa Machinery Auction. Tampa. Florida. 11.3 - Approve a contract with Bryant. Miller & Olive, P.A. for City of Clearwater Bond Counsel. for a period of five (5) years and authorize the appropriate officials to execute same. 11.4 - Approve contract with Nabors. Giblin, & Nickerson. P.A. for City of Clearwater Disclosure Counsel. for a period of five (5) years and authorize the appropriate officials to execute same. 11.5 - Award a contract for the purchase of six (6) Cummins oenerators and six (6) Onan automatic transfer switches to Cummins Southeastern Power. Inc. for the sum of $168.446.35, which is the standard established by the City of Clearwater for standby oenerators and approve the installation of these oenerators at a cost not to exceed $135~OO and establish a capital improvement proiect in the amount of $303.746.35 to cover the cost of oenerators and related installation costs and that the appropriate staff be authorized to execute same. 11.6 - Approve a work order to McKim and Creed, PA. in the amount of $164.600 for enoineerino desion services associated with the City's Water Main Replacement proiect. Phases 15, 16. and 17 (05-0003-UT) and authorize the appropriate officials to execute same. 11.7 - Award a contract to Appalachian Material Service. Inc. (APS). of Terra Ceia, Florida in the amount of $2.844.400 for Biosolids Services (04-0063-UT) (RFP #16-05). and that the appropriate officials be authorized to execute same. Council 2005-04-21 12 . . . 11.8 - Approve a work order supplement to Post. Buckley. Schuh & Jernioan. Inc. (PBSJ) in the amount of $124,027 for additional desion services associated with the 8e3ch Walk proiect; approve a new work order to PBSJ in the amount of $150.000 for a National Environmental Policy Act (NEPA) Comp!:a:1ce Study: and approve a Local Aoency Prooram (LAP) Aoreement with the Florida Department of Transportation in the amount of $150.000 to conduct the NEPA Compliance Study. 11.9 - Approve a contract with St. Petersburo Colleoe ("SPC") to purchase property situate in Section 7-29-16. commonly known as the Joe DiMaooio Gym located at 2450 Drew Street. for $1.950.000 plus estimated closino expenses of $50 for recordino fees. for a total acquisition cost not to exceed $1.950.050. and authorize appropriate City officials to execute same and any additional instruments required to effect closino. 11.10 - Approve Chanqe Order #2 to Rowland, Incorporated of Pinellas Park. Florida for the "Area "F" Gravity Sewer System Improvements Proiect" (02-0049-UT) which increases the contract amount by $202.677.20 for a new contract total of $658.102.42. approve a time extension of 100 days, and authorize the appropriate officials to execute same. 11.11 - Approve a Local Aoency Prooram (LAP) Aoreement between the City of Clearwater and the Florida Department of Transportation (FOOT) in the amount of $26.094 for modifications to the N. Fort Harrison Avenue! N. Myrtle Avenue and Fairmont StreeUN. Myrtle Avenue intersections and sanitary sewer improvements at Chestnut StreeUN. Myrtle Avenue and approve a chanoe order to_Westra Construction. Inc. in th~.amo_uDtQfj~~.dl.3.24 for a new. contract amount of $14.264.895.02 and authorize the appropriate officials to execute same. 11.12 - Appoint Councilmember Hamilton as Votino Deleoate and Councilmember Doran as Alternate Deleoate to the Barrier Islands Governmental Council (BIG-C). 11.13 - Appoint Rev. Herb Freitaq and Rev. James W. Lancaster. Sr. to the Senior Center Task Force. Purchasing 11.14 - Office supplies durino the contract period July 1. 2005 throuoh December 30. 2006 at a cost not to exceed $450.000 - Office Depot. 11.15 - Gasoline and diesel fuel for motorized equipment durino the contract period April 22. 2005 throuoh April 30. 2007 at a cost not to exceed $4.400.000 - McMullen Oil Company. Councilmember 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 - Adopt Resolution #05-16 authorizino the refundino of the outstandino Gas System Revenue Bonds. Series 'j 997 A and authorize the appropriate officials to execute same. Gas System Revenue Bonds. Series 1997A (interest rates from 4.375% to 5.00%) are eligible for advance refunding. The outstanding bonds are callable on September 1, 2006 Council 2005-04-21 13 With long-term interest rates in such a state of uncertainty, at some point in the future it may become beneficial to do an advance refunding of this bond issue. By passing this resolution, the City will be prepared to move quickly and realize the maximum savings possible. The latest estimated present value savings of refunding the Gas System Revenue Bonds is $290,998.39 or 4.337%. The bonds will only be refunded if adequate savings are going to be realized. Councilmember Hamilton moved to authorize the refunding of the outstanding Gas System Revenue Bonds, Series 1997 A. The motion was duly seconded and carried unanimously. Resolution #05-'i6was presented and read by title only. Counciimember Jonson moved to pass and adopt Resolution #05-16 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. . 12.2 - Approve a Hiqhway Landscape Reimbursement and Maintenance Memorandum of Aqreement with the Florida Department of Transportation, District Seven. so that aesthetic improvements can be made to a portion of SR 60 (Courtnev Campbell Causeway) and adopt Resolution #05-12 authorizinq execution of said Hiqhway Landscape Maintenance Memorandum of Aqreemant. The City of Clearwater desires to improve and beautify the right-of-way area for S.R. 60 (Courtney Campbell Causeway) from the City limits, out on the causeway, west to Bay Street (One Block West of McMullen-Booth Road/C.R.611). The State of Florida Department of Transportation, District Seven, has allocated funds for landscape improvements in conjunction with the construction or reconstruction of State Road 60 (Courtney Campbell Causeway), under FP #418868-1-54-01, and is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the City for eligib!e landscape expenditures. FDOT has estimated $150,000 for these landscape improvements. Upon installation of the landscape improvements, the City has agreed to maintain the same at its sole expense and in a reasonable manner. The revitalization and landscape enhancements of SR 60 (Courtney Campbell Causeway) will leave a positive impression on visitors and residents alike. The Department of Transportation requires a Memorandum of Agreement to allow landscaping within their right-of-way. . Parks and Recreation Department anticipates a $5,000 in~rease in operating costs associated with the maintenance' of this project. Council 2005-04-21 14 . . . A midyear amendment will establish the Capital Improvement Program project 0315- 922XX, Courtney Campbell Causeway (SR60) Landscape Improvements with a budget of $150,000 for cost reimbursement from the FDOT. Council member Petersen moved to approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven, so that aesthetic improvements can be made to a portion of SR 60 (Courtney Campbell Causeway) and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution #05-12 was pre~ented and read by title only. Councilmember Doran moved to pass and adopt Resolution #05-12 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 a five-year Lease Aareement from February 1. 2005 - January 31. 2010. with automatic five-year renewable options (5 options). between the City of Clearwater and Clearwater for Youth. a Florida Non-Profit Corporation for the use of certain portions of The Lona Center to provide financial support to various City Co-sponsored youth aroups and oraanizations; approve foraivina $12,000 of rent revenues from ClearWater For Youth and approve First Amendment to the Transfer Aareement dated Auaust 27.2003 between the City of Clearwater and the Pinellas Community Center and authorize the appropriate officials to execute same. Councilmember Hamilton said he had a conflict and recused himself from the discussion. The City Council approved an agreement between the Pinellas Community Center Inc. (PCCI) and the City for the management and maintenance of the Long Center on August 27. 2003. In essence thisagreemerit transferred ownership and operation of the- Long Center over to the City of Clearwater. According to this agreement under Article III Section 1 b, all sponsoring agency-use agreements between Clearwater for Youth, Upper Pinellas Association for Retarded Citizens, Inc. (UPARC) and City of Safety Harbor would technically be terminated. However, the agencies would be able to use the facility under the same terms and conditions until the City and the sponsoring agency had entered into new use agreements. The City of Safety Harbor has constructed new recreation facilities and chose not to continue their sponsoring agency status with the Long Center and thus a new agreement with the City of Safety Harbor is not necessary. A new agreement between the City and UPARC was approved by the City Council on October 7,2004. This agreement will in essence update and replace the expired agreement between Clearwater for Youth (CFY) and PCCI. This agreement will allow for CFY to continue to use the Long Center as the base of their operations to provide financial support to various City Co-sponsored youth groups and Council 2005-04-21 15 . organizations by providing participant scholarship support, matching grant support for state or national competition and matching grant support for facility improvements. This is a much broader mission than in the past as they were only able to give support to a limited number of youth organizations i.e. Jr. Tornado Football, Green Wave Basketball, etc. The new agreement does not include any rent payments from CFY as were required in the previous agreements with pecl. Therefore, since this agreement wiil require that at a minimum CFY will donate $100,000 to local youth groups over a five year period, staff is recommending that the $12,000 of rent revenue from CFY be forgiven. Under this agreement CFY will have use of some office space, and be permitted to use the Long Center common facilities. The City will provide maintenance for all major capital components of the building, provide all custodial maintenance, pay for all utilities and provide some limited clerical support and use of support equipment. The amendment to the Transfer Agreement will provide consistency between the two agreements to include the administrative offices to be used by Ciearwater For Youth. In the event the City terminates its agreement with Clearwater For Youth then the annual Foundation funding shall be terminated. . Councilmember Jonson moved to approve a five-year Lease Agreement from February 1, 2005 - January 31, 2010, with automatic five-year renewable options (5 options), between the City of Clearwater and Clearwater for Youth, a Florida Non-Profit Corporation for the use of certain portions of The Long Center to provide financial support to various City Co-sponsored youth groups and organizations; approve forgiving $12,000 of rent revenues from Clearwater For Youth and approve First Amendment to the Transfer Agreement dated August 27,2003 between the City of Clearwater and the Pinellas Community Center and authorize the appropriate officials to execute same. The motion was duly seconded <3nd carried unanimously. 12.4 - IAFF Union neqotiations update Human Resources Director Joe Roseto said the union has ratified the agreement that was the subject of the impasse. He said today, the union tentatively reached agreement on the 2003/04 contract and a three-year contract for 2004/07. The one-year contract must be ratified prior to the three-year contract being ratified. 12.5 - Appoint a Counci!member as Vice-Mayor Councilmember Hamilton moved to re-appoint Vice-Mayor Jonson. The motion was duly seconded and carried unanimously. 13 - City Attorney Reports 13.1 - Adopt Resolution #05-22. urqinq the State Leqislature too"opose h~qislation neqatively impactinq Community Redevelopment Aqencies. . The City of St Petersburg has requested the City Council adopt a resolution opposing legislation regarding Community Redevelopment Agencies, currently being considered by the State Legislature. Council 2005-04-21 16 . Currently, counties are obligated to contribute at least 95% of their increment to a trust fund in a redevelopment 8rea established before July1, 1994, and at least 50% for one established on or after that date. HB 1521 and SB 2060, if passed, will allow county governments to negotiate an even greater reduction in their contribution and reduce the amount cities could currently bond from the combined sources of revenue. This could significantly reduce the amount of tax increment financing available to use for development projects in CRAs. . Discussion ensued and it was felt this was a local issue. Councilmember Hamilton moved to adopt Resolution #05-22, urging the State Legislature to oppose legislation negatively impacting Community Redevelopment Agencies. The motion was duly seconded and carried unanimously. Resolution #05-22 was presented and read by title only. Councilmember Jonson moved to pass and adopt Resolution #05-22 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. 14 - City Manager Verbal Reports Clearwater's termination provision of the Code is a most unusual zoning code provision and its intent was to facilitate redevelopment. In most cities, the regulations for nonconformities are structured to bring nonconformities into compliance over time with the current zoning regulations. However, in this instance, the provision sought to assist redevelopment in two ways. The first section of the termination provision allows nonconformities to remain and expand upon approval by the Community Development board (COB). The second section of the termination provision allows a nonconforming structure which has nonconforming density to be reconstructed on the same site at the same density, upon approval by the COB. This section has been interpreted to allow tile conversion of one type of density for another, Le, 40 units per acre for hotel is converted to 30 units per acre for condominium use. . Although there are not a large number of approved cases on the Beach that have used the termination provision to.convert from hotel use to condominium, it is clear the current market interest in condominium development is very strong. The termination provision is a regulatory tool that provides a strong incentive to developers to facilitate the condominium development. The termination provision could function as. an incentive for hotel use since it allows the density Council 2005-04-21 . 17 to be retained, however, the market conditions at this time make hotel use a less desirable use . .. for the developer. This provision could establish that only certain uses that are preferred for redevelopment purposes could use this picvisioii. For example; the code could boamended to allow the termination provision to be available only if the new use were hotel development. Concern was expressed the termination provision in the Code encourages the conversion of hotels to condos. In response to a question, it was indicated the City cannot enforce a form of ownership but could ensure its definitions in the Code are clear. Consensus was to provide a draft ordinance to the PPC (Pinellas Planning Council) supporting code change for termination of the non-conformity provision to address conversion of hotels to condos. 15 - Council Discussion Items 15.1 - Roadwav Names throuQh Municipalities Discussion ensued regarding the unification of street names across the entire county and it was indicated more complaints have been received regarding the lack of visible street numbers. It was also noted there have been no complaints from tourists. Consensus was not to support uniform street names through multiple jurisdictions. A recommendation was made street signs feature street names and SR/CR designations. . 15.2 - Gas Tax renewal-Ienqth and resets on population It was reported the current tax split of 75/25 between the County and cities is being reviewed and a split of 60/40 is being considered. Discussion ensued regarding the renewal period and reallocations based on changes in population. There is a proposal to look at renewal of the gas tax every five years and it was felt' consistency is best for bonding purposes. Consensus was for a 1 O-year renewal with no reset on population. 15.3 - Council Meetinq conflicts with FLC Annual and Leqislative Conferences Consensus was to reschedule the August 18, 2005,' Council meeting to August 15, 2005, and cancel the August 15, 2005, Work Session; and reschedule the November 17,2005, Council meeting to November 16, 2005. 15.4 - December and January Council MeetinQ schedule Consensus was to set Council meetings on December 1, 2005, and December 15, 2005, and Work Sessions on November 28, 2005, and December 12, 2005, and set a Council meeting on January 19, 2006, and a Work Session on January 17, 2006. 16 - Other Council Action . Councilmembers reported on events in which they recently participated and reviewed upcoming events. Council 2005-04-21 18 . . . Councilmember Jonson expressed concern regarding the development review process. He expressed disappointment the Social Security number legislation would not be enacted this year. He stated he would write the column for the Countryside Cougar unless someone else wanted to. Councilmember Hamilton said he would place articles from the PPC in the Council Office. Councilmember Petersen requested the affordable housing issue be included in the Visioning. Councilmember Doran acknowledged the passing of Bob Carpenter. Mavor Hibbard, in light of the City's improved tax base, challenged the City Manager to consider a rollback in the millage rate. 17 - Adjourn The meeting adjourned at 7:58 p.m. Mayor Attest: City Clerk Council 2005-04-21 . 19 FORM 88. MEMORAN[)U.M OF VOTINGCONFLI.CT FOR COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS liST. . AME-F1RST NAME-MIDDLE NAME OvYV\ \ 1.\-M . N 0 + . ~4IDOESS \)CA.t"~sr~N\ A\;e-. CITY 11 COUNTY L.. l e..QX ~ Q..,~ e,r DATE ON WHICH VOTE OCCURRED 1+ r L ;;L 1 ~O 0 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 ofinterest 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 inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting o.:neasure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (I .ding 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 pro- hibited from voting in that capacity. 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 business 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 minutes of the meeting, who should incorporate the form in the minutes. . * . * * * . . * * . . . . * * APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the man~~~ described for el~cted offi- cers. In order to participate in these matters, 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. . IF YOU INTEND TO MAKE ANY A'ITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · . iIl.ust comp"ete and file this.form (bef~re.making any attemp~ to infl~ence the decision) with the pers~n responsiblef~~;:>" L,.:ordmg the mmutes of the meeting, who WIll mcorporate the form 10 the mmutes. . :.:.. · A copy of the form must be provided immed~ately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - REV. 1/95 PAGE 1 . . . .. . . .. . .: ., . t _. ~ : . '. iF yOU MAKE NO ATTEMPt TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ! I .' 0' , . .. I P"You'must disclose orally the natu~ of your conflict in theme~re befo~ participating. . I . . ~You must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording the . I! : minutes of the meeting, who must incorporate the fonn 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. . 1- . DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 1-101+ ~lJ-~ . hereby disclose that on A",t'"~\ oU . JS';;O;S:: (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 r'-'r . which if. T 4- "-"" !').. 3. a.. I e<>.s e.. 0.. ~ r<!. e.,,,,~\- b....-t...> .. e.,,, ~ c.: 1 o..lo'c.Q ~\eLvl"~-hr -Co'i" '/ou-~) Q\\O lA.) \V'~ t ~'( ~ u...(~ 1>or+\~s 6 ~ ~ ~ o.....~ ~€A^-I,..e rl G>- e.~ \-. f ~ c..i:\.- +c.. c.', l ; -1.../1 ~c9. '"P' 0 V t a I "j -+.', "'.(U'-C l . ~ S l.t.. """.-t n. cs 'f ~ r 0<- <y\. Q M Q.,V'l\. b -l2.-r 0 + 41v-- ksoO,,'("-J. 0 *- "'b t ~ e.. C-- \-015 o.s;: Q)Qaf-~ ~ yo~~. . .J A J I I I ,i ;'JI'. b" ) l.~' ;',; "l" -;1 .... J '.. . ,:," .1 .i .. I I.:' i ,", . ...... ; i/Nq~..ICE: UNDER PROVISIONS OF FLORIDA ST~TUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED D.JS. CU.:. :;1\ ~ 'SU,RE' CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE- FOLLOWIN . ; IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDiJCTIb~'.'iN i SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.' . . .' ..... , ;.4/ [)k!Z.OOS Date Filed! ( s;?/; #Lc . : d. . ., . _ . CEFOR~ 88.- REV. 1/95 ; PAGE 2 ::: "!