06/02/2005
.
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 2, 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
Patricia O. Sullivan
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
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 Assistant Pastor Thomas Jones from Flowing River Church. The Mayor led the
Pledge of Allegiance.
To provide contim!ity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Introductions and Awards: - None.
. 5 - Presentations:
5.1 Proclamation: June as National Homeownership Month.
5.2 Presentation of certificates for the valedictorians and salutatorians of Clearwater area hiQh
schools.
5.3 Dedication of Clearwater Countryside Branch Library Reference Desk in memory of Lois K.
Klein.
The dedication is scheduled for June 5, 2005, at 12:30 p.m.
5.4 Senior Center Task Force Update
Chair Debra Shade reviewed Senior Center Task Force efforts and challenges
associated with meeting the needs and wants of people between 50 and 90 years old. She said
the City has nowhere for seniors to go for information on services. She reported many cities
have an Office on Aging and recommended the City create such an office, hire a director, and
establish a commission on aging to work with the director. The Task Force is presenting their
recommendations now as the budget process is underway. Vice-Chair William Haley said
demographics support this recommendation as Clearwater is the "oldest" city in the nation with
a population greater than 100,000. In response to a question, Chair Shade reviewed Agency on
Aging activities, which emphasize services to keep the elderly in their homes.
.
Council 2005-06-02 .
1
.
.
.
6 - Approval of Minutes
6.1 City Council - May 19. 2005
Council member Jonson moved to approve the minutes of the regular meeting of May 19,
2005, as corrected: under Other Council Action, add "FLC (Florida League of Cities)" to
Councilmember Jonson's comment on legislative policy committees. The motion was duly
seconded and carried unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
John Wiser reviewed Rotary Club activities on behalf of the community and
recommended the City budget service club memberships to encourage professional
participation.
Public Hearings - Not before 6:00 p.m.
8 - Administrative public hearings
8.1 Approve an amendmep.t to the Community Development Code to revise the termination of
status of nonconformity provisions and Pass Ordinance #7445-05 on first readinQ
As tourism is the leading economic industry in the City of Clearwater, City leaders
became concerned about the conversion of beach hotel properties to condominiums, thus
adversely impacting the tourist industry. Several of these conversions have used the
Termination of Status as a nonconformity provisions in the Community Development Code
(Section 6-1 09.B) to reconstruct nonconforming density.
On April 21,2005, the City Council directed the Planning Department to revise this
ordinance to deter these conversions. The proposed revision will clarify that the reconstruction
of nonconforming density can only occur if there is no change in use. For example, a hotel use
could be converted to a new hotel use or a condominium use could be.converted to a new - - - -
condominium use, but a hotel use could not be converted to a new condominium use.
The COB (Community Development Board) reviewed the proposed amendment at its
regularly scheduled meeting on May 17, 2005, and voted unanimously to support the
amendment.
Planning Director Michael Delk said of the 2,805 hotel/motel units on Clearwater Beach,
579 units are non-conforming. Some properties have been redeveloped with fewer units than
allowed. The ordinance would not impact every property. In response to a question, Mr. Delk
said applications under the current-code must be submitted by July 1,2005, and be determined
sufficient by staff by August 4, 2005. Assistant Planning Director Gina Clayton said applicants
have seven days to make corrections following a DRC (Development Review Committee)
meeting. Mr. Delk noted applicants have two opportunities to work with staff to meet
requirements.
Council 2005-06-02
2
.
.
.
One resident expressed concern small hotel properties on north Clearwater Beach will
disappear. . . . .
In response to a question, Assistant Director of Economic Development Joel Smiley
estimated between 400 and 500 hotel/motel units on Clearwater Beach have been, or are in the
process of being lost.
Discussion ensued and it was indicated changes to the code in 2000 were not intended
to allow change of use but the ability to build back what previously existed. It was felt the
proposed ordinance preserves property owner rights to redevelop what exists and will
encourage south beach resort development.
Concern was expressed the proposed ordinance will hurt small property owners anda -
rush of applications will result.
Discussion ensued and the importance for diverse accommodations and balance of
economics on Clearwater Beach was noted. It was recommended the City develop incentives
to encourage transient accommodations and to combine land parcels for hotel development.
In response to a question, Mr. Delk said the effect of this ordinance is difficult to predict.
This ordinance was proposed in reaction to concerns regarding the number of hotel units on
Clearwater Beach being converte.dto condominiums.
Council member Jonson moved to approve an amendment to the Community
Development Code to revise the termination of status of nonconformity provisions. The motion
was duly seconded. Councilmembers Jonson and Doran and Mayor Hibbard voted "Aye";
Councilmembers Hamilton and Petersen voted "Nay." Motion carried.
Ordinance #7445-05 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7445-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Doran, and Hibbard.
"Nays": Hamilton and Petersen.
Motion carried.
9 - Quasi-judicial public hearings - None.
10 - Second Readings - public hearing
10.1 Continue adoption of Ordinance #7397-05. annexinq certain real property whose post
office address is 3070 Guif-to-Bay Boulevard to July 21. 2005.
Councilmember Hainilton moved to continue Item 10.1 to July 21, 2005. The motion
was duly seconded and carried unanimously.
Council 2005-06-02
3
.
.
.
10.2 Continue adoption of Ordinance #7399-05. amendinq the zoninq atlas of the City bv zoninq
certain real property whose post office address is 3070 Gulf-to-Bav Boulevard to Julv 21, 2005.
Councilmember Jonson moved to continue Item 10.2 to Ju!y 21, 2005. The motion was
duly seconded and carried unanimously.
10.3 Continue adoption of Ordinance #7398-05. amendinq the future land use plan element of
the comprehensive plan of the City. to desiqnate the land use for certain real property whose
post office address is 3070 Gulf-to-Bav Boulevard to Julv 21, 2005.
Councilmember Petersen moved to continue Item 10.3 to July 21, 2005. The motion
was duly seconded and carried unanimously.
10.4 Adopt Ordinance #7410-05 on second readinq. annexinq certain real property whose post
office address is 1600 Pil]e Place. into the corporate limits of theJ:;jtJ'-L_C!Od redefininq the
. boundary lines of the City to include said addition.
Ordinance #7410-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7410-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, and Doran.
"Nays": None.
Absent:. Hibbard
10.5 Adopt Ordinance #7411-05 on second readinq, amendinq the future land use plan element
of the comprehensive plan of the City to desiqnate the land use for certain real property whose
post office address is 1600 Pine Place, upon annexation into the City of Clearwater. as
Residential Urban.
Ordinance #7411-05 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7411-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": jonson, Hamilton, Petersen, and Doran.
"Nays": None.
Absent: Hibbard
10.6 Adopt Ordinance #7412-05 on second readinq, amendinq the zoninq atlas of the City bv
zoninq certain real property whose post office address is 1600 Pine Place. upon annexation into
the City of Clearwater. as Low Medium Densitv Residential (LMDR).
Ordinance #74'12':'05 was .presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7412-05 on second and final
reading. The motion was duiy seconded and upon roll call, the vote was:
Council 2005-06-02 4
.
.
.
"Ayes": Jonson, Hamilton, Petersen, and Doran.
"Nays": None.
Absent: Hibbard
10.7 Adopt Ordinance #7417-05 on second readinq, annexinq certain real property whose post
office address is 2201 Arlinqton Place, into the corporate limits of the City and redefininq the
boundary lines of the City to include said addition.
Ordinance #7417-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7417-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, and Doran.
"Nays": None.
Absent: Hibbard
10.8 Adopt Ordinance #7418-05 on second readinq, amendinq the future land use plan element
of the comprehensive plan of the City, to desiqnate the land use for certain real property whose
post office address is 2201 Arlinqton Place, upon annexation into the City of Clearwater, as
Residential Urban.
Ordinance #7418-05 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7418-05 on second and final
reading. The motion was duly seconded and upon roll caB, the vote was:
"Ayes": JOiison, Hamilton, Petersen, and Doran.
"Nays": None.
Absent: Hibbard
10.9 Adopt Ordinance #7419-05 on second readinq, amendinq the zoninq atlas of the City bv
zoninq certain real property whose post office address is 2201 Arlinqton Place, upon annexation
into the City of Clearwater. as Low Medium Densitv Residential (LMDR).
Ordinance #7419-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7419-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Petersen, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton
Council 2005-06-02
5
.
.
.
10.10 Adopt Ordinance #7442-05 on second readinq. vacatinq the north 254 feet of Lawson
Road beqinninq at the southwest corner of Lot 10. Blackburn Subdivision. .
Ordinance #7442-05 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7442-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Petersen, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton
10.11 Adopt Ordinance #7443-05 on second readinq, vacatinq the 60-foot riaht-of-way of "B"
Street from the west riqht-of-way line of South Fort Harrison Avenue to the southerly extension
of the east property line of Lot 6. Block 25, Map of Belleair. less and except the south 30 feet of
the west nine feet thereof, subiect to a drainaqe and utility easement which is retained over the
full width thereof.
Ordinance #7443-05 was presented for second reading and read by title only.
Council member Doran moved to pass and adopt Ordinance #7443-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Petersen, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton
10.12 Adopt Ordinance #7420-05 on second readinq. annexinq certain real property whose post
office address is 1724 Thomas Drive, into the corporate limits of the City. and redefininq the
boundary lines of the Citv to include said addition.
Ordinance #7420-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7420-05 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.
Council 2005-06-02
6
.
.
.
10.13 Adopt Ordinance #7421-05 on second readino. amendino the future land use plan
element of the comprehensive plan of the City to desionate the land use for certain real property
whose post office address is 1724 Thomas Drive, upon annexation into the City of Clearwater.
as Residential Low.
Ordinance #7421-05 was presented for second reading and fE:ad by title only.
Co"uncilmember Petersen moved to pass and adopt Ordinance #7421-05 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.
10.14 Adopt Ordinance #7422-05 on second readino. amendino the zonino atlas of the City by
zoninq certain real property whose post office address is 1724 Thomas Drive. upon annexation
into the City of Clearwatei. as Low Medium Density Residential (LMDR}.
Ordinance #7422-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7422-05 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.
10.15 Adopt Ordinance #7389-05 on second readino. amendino Appendix A. Article XI. Park.
Beaches. Recreation. to increase certain fees for use of facilities by nonresidents and to
. establish formulas for charoino nonresident fees.
Ordinance #7389-05 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7389-05 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.
.. .
10.16 Adopt Ordinance-#7444-05 on second readino. relatino to occupational license fees;
amendino Appendix A. sch~dule of fees. rates and charoes by 5% increase in fees.
Ordinance #7444-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7444-05 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.
Council 2005-06-02
7
.
.
.
City Manager Reports
11 - Consent Agenda- Approved as submitted
11.1 Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater
Firefiqhters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State
Statutes.
11.2 Approve a donation to Clearwater Homeless Intervention Proiect. Inc. (CHIP) for fundinq of
operations in the amount of $100.000.
11.3 Approve the hirinQ of one new FTE for the Planninq Department at an estimated annual
cost of $65.850 and a current year estimated cost of $27.045.
11.4 Award a contract for the sub-aqueous installation of a 20-inch potable water main. a 12-
inch potable water main. a 4-inch natural qas main with an 8-inch casinq. and a 4-inch conduit
for traffic communications under Mandalay Channel to Akerman Construction Company of
Purcell. Oklahoma in the amount of $763.570.50. which is the lowest responsible bid received in
accordance with the plans and specifications and authorize the appropriate officials to execute
same.
11.5 Approve a work order ~.9 Jones. Edmunds and Associates. Inc.. in the amount of $155.000
for enqineerinq desiqn services related to the Nitrate Recycle Improvements Proiect (05-0023-
UT).and that the appropriate officials be authorized to execute same.
11.6 Approve the final plat for "Townhome Manors of Countryside Phase 1" located
approximately 250 feet west of U.S. 19 and 1.000 feet north of Sunset Point Road.
11.7 Approve the final plat for "Court Street Townhomes" located at 830 Court Street beinq the
Northwest corner of Court Street and Prospect Avenue.
11.8 Approve a work orde"r to TBE Group. Inc.. in the amount of $447.800 for enqineerinq
desiqn services related to the Flow Monitorinq and Model Recalibration Proiect (05-0007-
UT).and that the appropriate officials be authorized to execute same.
11.9 Approve a work order to McKim & Creed. P.A.. in the amount of $25.000 for supplementary
enqineerinq desiqn services related to the Elevated Water Storaqe Tanks Modifications Proiect
(04-0048-UT).and that the appropriate officials be authorized to execute same.
11.10 Approve the Land Transfer Aqreement between the City and Sunspree Green. LLC
("Developer") and DAM Devon. LLC. (Affiliate) for property located at 41 Devon Drive.
Clearwater. FL and authorize the appropriate officials to execute same.
Purchasing
11.11 Purchase one Crane Carrier cab and chassis with Loadmaster rear loader body from
Container Systems and Equipment. Daytona Beach. Florida for $158.343.
Council 2005-06-02
8
.
.
.
11.12 Purchase liquid sodium hypochlorite durino the period June 3. 2005 throuoh June 30,
2006 from Allied Universal Corporation. Miami. Florida. at a cost not to exceed $162.800.
Councilmember Hamilton moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
12 - Other items on City Manager Reports
12.1 Adopt Resolution #05-23 authorizino appropriate City officials to execute a Subordination
of City Utility Interests aoreement with the Florida Department of Transportation ("FDOT")
reoardino that certain easement oranted to the City by Wal-Mart Stores. Inc. as recorded in O.
R. Book 8406. Paoe 939. public records of Pinellas County. Florida. as said easement presently
encumbers Lot 2. plat of Sam's Club Clearwater.
On April 28, 1993, Wal-Mart Stores, Inc. granted the City a blanket water main and
ingress/egress easement for refuse and garbage collections over Lots 1 and 2, plat of Sam's
Club Clearwater at the southwest corner of US 19N and Gulf-to-Bay Boulevard. Lot 2 of the plat
was later developed as Luby's Cafeteria. FDOT (Florida Department of Transportation)
acquired the parcel in 2002, following Luby's closing.
Lot 2 is identified as Parcel 1 00 on FDOT right-of-way mapping of its Work Project
Item/Segment 256881, State Road 55 (US 19N) from north of Whitney road to north of SR 60.
The parcel will be utilized for project stormwater detention purpo$t:s. The City does not
presently have any utility infrastructure within the boundaries of the subject parcel. The City will
continue to maintain its easernent rights over the lot; however, in subordinating City rights to
FDOT, those rights would in the future be subject to prior FDOT approval and under conditions
of the FOOT's then current Utility Accommodation Manual.
Councilmember Petersen moved to authorize the appropriate City officials to execute a
Subordination of City Utility Interests agreement with the Florida Department of Transportation
("FDOT") regarding that certain easement granted to the City by Wal-Mart Stores, Inc. as
recorded in O. R. Book 8406, Page 939, public records of Pinellas County, Florida, as said
easement presently encumbers Lot 2, plat of Sam's Club Clearwater. The motion was duly
seconded and carried unanimously.
Resolutior:t #05-23 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #05-23 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.
13 - City Attorney Reports
Council 2005-06-02
9
.
.
.
14 - City Manager Verbal Reports
14.1 Myrtle Avenue.lCleveland Street Intersection
Public Services Director Gary Johnson reported inclement weather had delayed the
Myrtle AvenuelDrew Street intersection project, which is scheduled for completion on June 20,
2005. Delaying project work on the Myrtle Avenue/Cleveland Street intersection would increase
costs by $135,000 and delay the Myrtle Avenue project for two months. Staff is proposing to
close the Myrtle Avenue/Cleveland Street intersection on July 5, 2005, for work to begin. No
additional cost is associated with the July start date. Traffic Operations Manager Paul Bertels
said minimal striping will be required. Additional signs and message boards will direct traffic
around the detour and the timing of traffic signals will be adjusted. Alternate detour routes were
suggested.
Consensus was to allow the contractor to proceed with the closure of the Myrtle Avenue
/Cleveland Street intersection in July 2005.
~ 4.2 Schedule Special BLidQet Work Session
Consensus was to schedule a Special Budget Work Session for July 1, 2005, at 8:00
a.m.
15 - Council Discussion Items
15.1 MPO/PST A Transportation Issues
Remarks were made regarding the PMI (Pinellas Mobility Initiative) position statement,
the Suncoast Trolley's scheduie, iegislation regarding the makeup oj the PST A (Pinellas
Suncoast Transit Authority) Board of Directors, and cities that are not PSTA members.
Discussion ensued regarding interest in a test PMI project either between Downtown
Clearwater and Clearwater Beach or Downtown St. Petersburg and the Stadium.
Consensus was to support exploring a monorail from Downtown Clearwater to
Clearwater Beach.
15.2 Courtney Campbell Scenic Hiqhway $500 membership
Councilmember Jonson moved to approve a $500 Courtney Campbell Scenic Highway
membership for Clearwater. The motion was duly seconded and carried unanimously. .
16 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events.
Councilmembers offered condolences to Barbara Green and her family on the loss of
Reverend Otis Green, a visionary leader, and encouraged community support of HEP
(Homeless Emergency Project).
Council 2005-06-02
10
.
.
.
Councilmembers Doran and Petersen expressed the need for affordable housing.
Council member Petersen reported the Cultural Plans Steering Committee will present a
draft of a cultural plan to the County Commission.
Council member Jonson expressed sensitivity regarding use of term "sick" when referring
to Downtown in a Sf. Petersburg Times article; reported the County Charter Review Committee
is initiating a study regarding fire service consolidation; expressed concern State's new growth
management act will burden local government with costs of constructing infrastructure backlog;
and congratulated Paul Bertels tor being re-elected Chair of County Technical Committee and
the Fire/Rescue Combat Challenge Team.
Mayor Hibbard expressed displeasure with a recent Countryside Cougar article and its
author; supported his use of the term "sick" when referring to Downtown, as it is not healthy, but
it does have great potential; thanked Strengthening Americas Community Initiative Plan for
addressing CDBG (Community Development Block Grant) funding issues; and announced he
will not attend the June 13, 2005, Work Session.
17 - Adjourn
The meeting adjourned at 8:22 p.m.
~;:~
~yor. '
City of Clearwater
crest:
_@'i\-L2.11-_.~...
Ci Clerk
---
Council 2005-06-02
11