08/04/2005
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CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 4, 2005
Present: Frank Hibbard
William C. Jonson
Hoyt P. Hamilton
Carlen Petersen
John Doran
Mayor
Vice-Mayor
Councilmember
Council member
Councilmember
Also present: William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter - departed at 8:00 p.m.
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Pastor Peter Dembroski from Hope Presbyterian Church. The Mayor led the Pledge
of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Introductions and Awards:
5. Presentations:
5.1 Clearwater Naqano Exchanqe Proqram.
Cultural Affairs Manager Margo Walbot provided an update on the exchange of students
and teachers with Clearwater's Sister City, Nagano, Japan. Four Clearwater students reported
on their time in Nagano.
5.2 State Leqislative Session Report - Pete Dunbar and Martha Edenfield.
City Lobbyist Pete Dunbar acknowledged the efforts of Representatives Berfield and
Bilirakis to get appropriations for City projects into the budget although vetoed by the Governor.
He reported on the 2005 State Legislative Session. He said an extensive summary of
legislation has been prepared and will be distributed. This year's three major items related to
growth management, water, and the building code. Important issues for 2006 include a glitch
bill on growth management, annexation, and eminent domain. A special session in October
may be called to focus on Medicaid, regulation of slot machines and other issues.
. In response to questions, Mr. Dunbar said there are systems for certain types of projects
but was not aware of any for an emergency operations center. He reviewed efforts to attempt to
receive state agency support for a center in Clearwater. He said that affordable housing is not a
favorite program of the Governor's, and keeping the program alive has been a struggle. He
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reported home town democracy is qualified to go to the Supreme Court for validation for the
ballot, although there is no indication that the issue has enough support.
5.3 Certificates to Councilmembers Doran and Petersen for the completion of the prooram at
the Institute for Elected Municipal Officials (IEMO).
The Mayor presented Councilmembers Petersen and Doran with certificates for
cvi11pletion of the IEMO (Institute for Elected Municipal Officials) progr3m.
6 - Approval of Minutes
6.1 July 21. 2005
Councilmember Doran moved to approve the minutes of the regular meeting of July 21,
2005, as recorded and submitted in written summation by the City Clerk to each
Council member. The motion was duly seconded and carried unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
Geri Raymond highlighted the Clearwater Marine Aquarium's new logo and invited City
residents to visit the Clearwater Marine Aquarium on August 27, 2005, for free, to see recent
upgrades. .
John Wiser complimented the City's 4th of July celebration, reviewed trash pickup efforts
in Lake Chautauqua Park, and invited residents to celebrate Countryside Day on August 13,
2005. He recommended installing guardrails near the Countryside Fire Department to minimize
damage to poles and traffic signals during accidents.
Public Hearings - N9t before 6:00 p.m.
8 - Administrative public hearings:
8.1 Approve the City of Clearwater's Fiscal Year 2005-2010 Consolidated Plan nino Document.
which contains the FY2005-2006 Action Plan, to carry forward the ooals and obiectives set forth
in the Plan, as required by HUD. and authorize the City to enter into aoreements with
orqanizations contained in the FY05-06 Consolidated Action Plan.
HUD (U.S. Department of Housing and Urban Development) requires communities that
receive entitlement, i.e. CDBG (Community Development Block Grant) & HOME funding,
prepare a comprehensive five year Consolidated Planning document that evaluates the needs
of the community and sets forth strategies to address those needs. The new Consolidated Plan
is mainly a continuation of the existing Consolidated Plan, with few changes to existing
strategies, goals, and objectives.
In addition, the City is required to create and implement an annual statement identifying
the sources and uses of federal money for housing, community, and economic development.
This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City's
housing, community, and economic development budget and proposed expenditures based on
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the entitlement funds and estimated program income that the City will receive in the upcoming
fiscal year.
Funds are to be used to develop viable communities and sustain existing ones. In
addition, the funds will be used to provide safe, decent and affordable housing to assist
extremely low to moderate-income households. This year's Action Plan allocates federal and
state funds to provide housing opportunities for extreme-low to moderate-income households for
new and existing homes, homebuyer education, construction, and/or renovation of public
facilities, and to fund programs that assist the homeless, single parent households, the elderly,
the physically challenged, and children, to name a few.
In FY (Fiscal Year) 2005/06, the City is estimated to receive federal funds in the amount
of $1,079,985 through the CDBG, $577,115 through the HOME Investment Partnership
Program, and $820,105 from the State of Florida through the SHIP (State Housing Initiatives
Pa.rtnership) Program. Funds provided through the HOME and SHIP Programs are limited to
housing activities and administration. Funds provided through the CDBG Program may be used
for housing, community and economic development, public services and facilities, acquisition,
demolition, and administration. Additional funding for the FY 2005/06 budget will come from
estimated program income funds (loan repayments, loan payoffs, recaptured funds, etc.).
A Review Committee, comprised of professionals in the social service and grants
community, and one member of the City's NAHAB (Neighborhood and Affordable Housing
Advisory Board) reviewed the applications, scored them, and set forth a strategy to maximize
the number of applicants that will receive a portion of allocated funds. Applicants were given an
opportunity to speak to the Review Committee and NAHAB regarding their programs on the day
of the bus tour and presentations in late March. Staff reviewed each application to ensure it met
HUD's baseline requirements. On May 17, 2005, NAHAB unanimously approved the
recommended allocations contained in the FY 2005/06 Consolidated Action Plan.
Each year, the City may allocate up to 15% of its CDBG allocation for Public Services
organizations. Under the Public Services category, agencies competed for approximately
$161,998 in CDBG funds. The City's Housing Division received requests for Public Service
funding in excess of $451 ,000. NAHAB has endorsed a sliding scale funding system for Public
Service applicants that allows the top two scorers to receive 60% of their request; the second
two receive 50% of their request, and others receive 40% of their request until all allowable
funds are allocated. This allowed all Public Service applicants to receive some funding rather
than some agencies not receiving any funding.
All organizations that will be receiving an allocation or participating in the City's Housing
or Housing Education Pools, will have agreements prepared and executed by October 1, 2005.
In response to a question, Assistant Housing Director Howie Carroll said staff had
determined that using CDBG money for small business loans was a poor use of the funding as
the program had experienced large number of defaults and delinquencies. The program loaned
between $100,000 and $125,000 annually, with individual loan delinquency capped at $25,000.
It was noted other avenues exist for small business loans.
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Economic Development and Housing Director Gerri Campos reported the City is
pursuing a partnership with the Chamber of Commerce and Pinellas County, specifically geared
toward helping small businesses.
Councilmember Hamilton moved to approve the City of Clearwater's Fiscal Year 2005-
2010 Consolidated Planning Document, which contains the FY2005/06 Action Plan, to carry
forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the
City to enter into agreements with organizations contained in the FY2005/06 Consolidated
Action Plan. The motion was duly seconded and carried unanimously.
8.2 Declare as surplus to City needs a 2.317.46 square-foot portion of the former south half-
riqht-of-wav of Park Street Ivinq within the plat of Mediterranean Villaqe in the Park. Tract 2 that
was vacated upon adoption of City Ordinance #6879-01. and authorize appropriate officials to
convey title to the Community Redevelopment Aqencv of the City of Clearwater ("CRA").
On November 15, 2001, the Clearwater City Commission adopted Ordinance #6879-01
that vacated portions of the rights-of-way of Ewing Avenue, Park Street, and Pierce Street. Title
to the subject portion of the vacated south half-right-of-way of Park Street vested in the City as a
result of the vacation.
Upon declaring the subject parcel as surplus to City needs, the City will deed the parcel
to the CRA (Community Redevelopment Agency) to facilitate the CRA conveying marketable
title to Mediterranean Village, LLC, the ownership entity that will take title to all of the lands lying
within the plat of Tract 2, Mediterranean Village in the Park ("Village") as provided in the
Assignment of Agreement For Development and Disposition of Property executed by the City,
the CRA, The Balk Company, Inc. and Mediterranean Village, LLC on July 3, 2002.
Councilmember Jonson moved to declare as surplus to City needs a 2,317.46 square-
foot portion of the former south half-right-of-way of Park Street lying within the plat of
Mediterranean Village in the Park, Tract 2 that was vacated upon adoption of City Ordinance
#6879-01, and authorize appropriate officials to convey title to the CRA (Community
Redevelopment Agency) of the City of Clearwater. The motion was duly seconded and carried
unanimously.
9 - Quasi-judicial public hearings - None.
10 - Second Readings - public hearing:
10.1 Adopt Ordinance #7447-05 on second readinq, amendinq the Code of Ethics to conform to
the State Ethics Code.
Ordinance #7447-05 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7447-05 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.
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10.2 Adopt Ordinance #7448-05 on second readinq, amendinq Article VIII. Chapter 2, Code of
Ordinances to amend definitions and requirements for lobbyists.
Ordinance #7448-05 was presented for second reading and read by title only.
Council member Doran moved to pass and adopt Ordinance #7448-05 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 #7450-05 on second readinq, annexinq certain real property whose post
office address is 2346 Ella Place. into the corporate limits of the City. and redefininq the
boundary lines of the City to include said addition.
Ordinance #7 450-05 was presented for second reading and read by title only.
Co"uncilmember Hamilton moved to pass and adopt Ordinance #7450-05 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.
10.4 Adopt Ordinance #7451-05 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 2346 Ella Place, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance #7451-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7451-05 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.
10.5 Adopt Ordinance #7452-05 on second readinq, amendinq the zoninq atlas of the City by
zoninq certain real property whose post office address is 2346 Ella Place, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance #7452-05 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7452-05 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.
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10.6 Adopt Ordinance #7453-05 on second readino. annexino certain real property whose post
office address is 2300 Drew Street. into the corporate limits of the City. and redefinino the
boundary lines of the City to include said addition.
Ordinance #7453-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7453-05 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.
10.7 Adopt Ordinance #7454-05 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 2300 Drew Street. upon annexation into the City of Clearwater, as
Commercial General.
Ordinance #7454-05 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7454-05 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.
10.8 Adopt Ordinance #7455-05 on second readino. amendino the zonino atlas of the City bv
zonino certain real property whose post office address is 2300 Drew Street. upon annexation
into the City of Clearwater. as Commercial (C).
Ordinance #7455-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7455-05 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.
10.9 Adopt Ordinance #7456-05 on second readino, annexino certain real property whose post
office address is 2077 Palmetto Street. into the corporate limits of the City. and redefinino the
boundary lines of the City to include said addition.
Ordinance #7456-05 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7456-05 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.
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10.10 Adopt Ordinance #7457-05 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 2077 Palmetto Street. upon annexation into the City of
Clearwater, as Residential Medium.
Ordinance #7457-05 was presented for second reading and read by title only.
Council member Doran moved to pass and adopt Ordinance #7457-05 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.
10.11 Adopt Ordinance #7458-05 on second readinq, amendinq the zoninq atlas of the City bv
zoninq certain real property whose post office address is 2077 Palmetto Street. upon
annexation into the City of Clearwater, as Medium Densitv Residential (MDR).
Ordinance #7458-05 was presented for second reading and read by title only.
Council member Hamilton moved to pass and adopt Ordinance #7458-05 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.
10.12 Adopt Ordinance #7462-05 on second readinq, vacatinq the drainaqe and utilitv
easement retained after vacation of the ten-foot allev formerlv located adiacent to the east
property lines of Lots 9 throuqh 13, inclusive, Block 2, J.H. Rouse Subdivision, as set forth in
Ordinance #6880-00.
Ordinance #7462-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7462-05 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.
10.13 Adopt Ordinance #7466-05 on second readinq, amendinq the City of Clearwater
Emplovees Pension Plan to provide for expanded investment authority for diversification of plan
assets and settinqa March 14, 2006 referendum for voter approval of same.
Ordinance #7466-05 was presented for second reading and read by title only.
Council member Petersen moved to pass and adopt Ordinance #7466-05 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.
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. City Manager Reports
11 - Consent Agenda - Approved as submitted.
11.1 Approve Pinellas County Recreational Grant Fundino Aoreement for the Lono Center.
Boundless Playoround. in the amount of $50.000. between Pinellas County and the City of
Clearwater.
11.2 Approve Florida Recreation Development Assistance Prooram (FRDAP) proiect orant
aoreement for the Lono Center Boundless Playoround proiect in the amount of $200.000.
between the State of Florida Department of Environmental Protection and the City of
Clearwater.
11.3 Approve aoreement between the City of Clearwater and Global Spectrum from October 1.
2005 to September 30.2009. and approve the Termination and Release Aqreement between
Distinctive Gourmet Services (Boston Concessions). the City of Clearwater and Global
Spectrum. L.P. and authorize the appropriate officials to execute same.
11.4 Ratify and confirm Lease Aoreement between the City and PACT. Inc. for the Clearwater
City Players summer production and approve standard Lease Aoreement with PACT. Inc. and
orant authority to the City Manaoer or his desionee to enter into and approve standard Lease
Aoreements for future facility use by City oroups at Ruth Eckerd Hall and authorize the
appropriate officials to execute same.
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11.5 Award a contract to J.T.V.. Incorporated. in the amount of $200.000. for sanitary sewer line
c1eanino, inspection and rehabilitation at various locations throuohout the City. usino the unit
prices established in a contract with the City of Gulfport. Florida. for Sewer System Repairs (Bid
#2005-03). and that the appropriate officials be authorized to execute same.
11.6 Approve the Aoreement between the Florida Department of Environmental Protection and
the City of Clearwater for fundino in the amount of $50.000 for the desion and construction of an
observation tower at Cooper's Point and authorize the appropriate officials to execute same.
Purchasino
11.7 Workers compensation claims paid by the City's third party administrator durino the period
October 1. 2005 throuoh September 30. 2006.
1 ~.8 Winofoot Commercial Tire - Replacement tires durino the per!od September 1. 2005
throuoh Auoust 31. 2006. at a cost not to exceed $200.000.
Councilmember Jon~on moved to approve the ConsentAgenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
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12 - Other items on City Manager Reports
12.1 Adopt Resolution #05-34 authorizinq the City to enter into an aqreement with CSX
Transportation. Inc.. for installation of one 3-foot x 5-foot box culvert. three 36-inch concrete
pipes. and one 4-foot x 5-foot box culvert; and approve Aqreement #CSX-048892. #CSX-
048733 and #CSX-048893 and authorize the appropriate officials to execute same.
A work order to Owen Ayres and Associates, Inc. for consultant services was approved
on November 20, 2003, for design, preparation of construction plans, and permitting for the
Lake Bellevue Stormwater Management Project. As part of this project, the City desires to
construct one 3-foot x 5-foot box culvert, three 36-inch concrete pipes, and one 4-foot x 5-foot
box culvert.
This project will remove up to 17 residential dwelling units from the 1 OO-year floodplain
and increase flood protection level of service to one collector roadway and three residential
roadways. The pipeline construction is located along the CSX Railroad right-of-way between
Belleview Boulevard and Howard Street.
CSX requires an Agreement to cover the costs of encroaching, construction risk, and to
provide the terms and conditions associated with placing a pipeline or performing earthwork
within their right-of-way. The cost to the City will be $16,500 for a One-time License Fee and
$3,075 for Railroad Protective Liability Insurance, for a total cost of $19,575.
Councilmember Doran moved to authorize the City to enter into an agreement with CSX
Transportation, Inc., for installation of one 3-foot x 5-foot box culvert, three 36-inch concrete
pipes, and one 4-foot x 5-foot box culvert; and approve Agreements CSX-048892, CSX-048733, .
and CSX-048893 and authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
Resolution #05-34 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #05-34 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 Pass Ordinance #7490-05 on first readinq, makinq minor lanquaqe chanqes to Chapter 30
Traffic and Motor Vehicles. Article II Stoppinq. Standinq and Parkinq, increasinq parkinq fines by
$5 and to desiqnate a parkinq violation processinq services office to process all parkinq fines
thereby eliminatinq the Pinellas County Clerk of the Court as the desiqnated office to handle the
receipt of the payment of parkinq fines beqinninq October 1. 2005.
The Parking System began full time parking enforcement In March 2004. During the first.
year of operation it became apparent some areas of the parking enforcement ordinances
needed updating and modification to assist with an effective parking enforcement effort.
Several minor language changes to more definitively describe parking locations, use of
equipment, payment options, hours of operation, etc. are being proposed. A $5 increase to the
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current fine structure is being proposed. The last increase was in 1992. In addition to the $5
increase, a penalty of $10 will be assessed for violation payments received between 15 and 30
days after the date of the infraction. After 30 days an additional penalty of $15 will be assessed.
The Pinellas County Clerk of the Court no longer will be handling the receipt of the
payment of parking fines and the City will have a designated parking violation processing
services office.
In response to a question, Parking Facilities Manager Tracey Bruch said the City's
penalty assessment deadline is more lenient than other cities. This change does not affect the
City's agreement with the County regarding the parking lot at Sand Key Park.
Council member Jonson moved to make minor language changes to Chapter 30 Traffic
and Motor Vehicles, Article II Stopping, Standing and Parking, increasing parking fines by $5
and to designate a parking violation processing services office to process all parking fines
thereby eliminating the Pinellas County Clerk of the Court as the designated office to handle the
receipt of the payment of parking fines beginning October 1, 2005. The motion was duly
seconded and carried unanimously.
Ordinance #7490-05 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7490-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes';: 'Jonson, Hamilton, "Petersen, Doran, and Hibbard.
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"Nays": None.
12.3 Adopt Resolution #05-25 modifvinQ commercial dockinQ permits and Resolution #05-26
modifvinQ private dock permits for tenants at the Clearwater Municipal Marina.
For clarification and enforcement purposes the following rules, regulations, policies, and
procedures are recommended for commercial and private docking permits: 1) Length of time a
slip can be without a vessel. Limit both commercial and private dock permits to 60 consecutive
days. Slips empty on an extended basis do not generate revenue for the commercial operator
and create numerous inquiries as to the slips being available for rental by others; 2) Discount for
advance payment of dock rent. Prepayment discounts of 2.5% for 6 months and 5% for 12
months advance payment. This is a policy not previously in the docking permits; 3) Length of
time persons may stay aboard their vessels. No overnight stays for Commercial tenants.
Private tenants are permitted 8 nights per month; 4) Require Florida registrations.
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A representative from the Internal Revenue Service has asked if staff verifies that all
boats are registered with the State. Previously, the State did not require vessels that are
documented to also be registered; 5) Signage - Commercial charters are not permitted to have
vehicles with signs parked where they can be seen from the road. Neither can they have
teievision displaying their service, which is considered a moving sign. Signs carried, waved, or
otherwise displayed by persons intended to draw attention for commercial purpose also are
prohibited; 6) Water usage - The Florida Administrative Code requires a shut-off nozzle on
hoses for washing boats; and 7) Electric shut off - Marina policy is to shut off electricity to the
fuel dock and all slips if high tide reaches the bottom of the fuel dock, until safe to turn back on.
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. It was questioned whether an exception should be made to the City's sign code related
to signs on trucks at the Marina as the first row of parking is not very visible from the road.
Councilmember Doran moved to modify commercial docking permits and modify private
dock permits for tenants at the Clearwater Municipal Marina. The motion was duly seconded
and carried unanimously.
Resolution #05-25 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #05-25 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.
Resolution #05-26 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #05-26 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.
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12.4 Direction reqardinq request for buoys on Gulf side of Sand Key.
Marina & Aviation Director Bill Morris stated his concern for both recreational swimmers
and boaters along the Gulf side of Sand Key. While there have not been calls for services to
the Sheriff's office or response to accidents, there have been increasing complaints. He stated
there has been an increase in vessel traffic close to shore. The Marine Advisory Board is
working towards a Comprehensive Waterway Management Plan.
Mr. Morris displayed a 62-inch buoy, indicating that only 32 inches would show above
the surface of the water. The buoys would be hooked to chains attached to helix anchors, 300
feet apart, 50 feet off shore.
Seven people spoke in support of the request and seven people spoke in opposition.
In response to questions, Mr. Morris said the City is within its authority to apply for the
buoys. The affected agencies have indicated the request would most likely be approved if
supported by Council. The buoys will not affect the speed of boats operating outside of them.
Slow speed will be required for vessels inside the buoys. Installation of the buoys would cost
less than $20,000, with minimal maintenance costs anticipated.
Discussion ensued and it was determined a potential safety hazard exists. A question
was raised regarding the method of enforcement and it was indicated the minimum wake zone
would be inside the buoys.
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A comment was made the Marine Advisory Board should address the issue before the
Council makes a decision.
Councilmember Petersen moved to direct staff to install buoys on the Gulf side of Sand
Key. The motion was duly seconded. Councilmembers Jonson, Petersen, and Doran and
Mayor Hibbard voted "Aye"; Councilmember Hamilton voted "Nay." Motion carried.
Mr. Morris anticipated the required permits would take up to a year to obtain and that
beach renourishment would occur prior to the installation of the buoys.
13 - City Attorney Reports
13.1 Pass Ordinance #7495-05 on first readinq, amendinq Section 15.07. Code of Ordinances.
to c1arifv the procedures for declarinq a state of emerqencv.
The Clearwater Code of Ordinances currently requires that a declaration of a local state
of emergency be confirmed by resolution within five working days. This requirement is not
found in either Florida Statutes or the Pinellas County Code. The procedures for declaring a
state of emergency should reflect the procedures contained in Section 252.38(3)5., Florida
Statutes (2005).
Councilmember Doran moved to amend Section 15.07, Code of Ordinances, to clarify
the procedures for declaring a state of emergency. The motion was duly seconded and
carried unanimously.
Ordinance #7495-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7495-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
14 - City Manager Verbal Reports - None.
15 - Council Discussion Items
15.1 Direction reqardinq addressinq Community Development Code Issues.
Closure was requested on the following issues addressed at the May 31,2005 Joint
Work Session with the Community Development Board: harmony with adjacent properties, infill
projects, quasi-judicial education, standards as a bright line or room to maneuver, form of
development, parking, roof top amenities, view corridors from low density residential properties
and periodic meetings with the COB.
It was indicated education regarding the quasi-judicial process currently is being
addressed.
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.
.
Discussion ensued regarding how to determine harmony with adjacent properties and
the standards for and review of infill applications.
Council member Doran moved to direct the City Attorney to proceed with an amendment
to limit comprehensive infill to uses allowed by zoning instead of the land use plan designation.
The motion was duly seconded and carried unanimously.
Councilmember Jonson moved to adopt in concept and direct staff to draft formal
language to require: When evaluating the criteria contained in Sec. 3-913 A.1, the following
shall be considered
i.
ii.
iii.
iv.
v.
Likelihood of redevelopment of the adjacent properties.
Conformity of the adjacent properties
Zoning of the adjacent properties
Scale, bulk, coverage density and character of the adjacent properties
Benefits of the proposed redevelopment accruing to adjacent properties.
Discussion ensued regarding the ability to measure proposed criteria ii and v and that
the other criteria are already in the code.
The motion died for lack of a second.
Councilmember Jonson moved to adopt in concept and direct staff to draft formal
language to require: Infill approval shall be finally approved at the Council level. The motion
died for lack of a second.
Councilmember Jonson moved to adopt in concept and direct staff to draft formal
language to require:G.onformity to the explicit current flexibility of the code and remove
"maneuver room".
It was noted staff has been asked to be more facilitative in helping people meet the
requirements of the code.
Councilmember Jonson withdrew the motion.
Discussion ensued in regard to amending parking requirements for residential units and
concern was expressed in making a decision without additional information.
Consensus was to table parking requirements for further staff review.
In response to concerns regarding what is allowed as roof top amenities, Planning
Director Delk said staff will start, next month, to address this issue.
Discussion ensued in regard to view corridors from low density residential properties and
the proposal to substitute LDR or LMDR for the word "low" and specifying such provision applies
only to adjacent LDR or LMDR. The City Attorney said LDR is low density residential geared to
protect the rare circumstances when LDR is adjacent to MHDR. No changes directed.
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Discussion ensued in regard to having a separate workshop specifically on form of
development including open space, setbacks, height and urban design. It was suggested it be
incorporated into a joint meeting with the COB that could be facilitated by someone like Dr.
James Moore.
Councilmember Doran moved to approve having joint meetings with the COB
(Community Development Board), not more than twice a year. 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.
Councilmember Hamilton reported Clearwater Gas System received the 2005 APGA
Safety Management Excellence Award at the American Public Gas Association's annual
meeting.
Councilmembers Jonson and Petersen and Mavor Hibbard reminded drivers to use
caution when passing school buses.
In response to a question whether the Council had concern regarding Progress Energy's
response related to malfunctioning streetlights, the City Manager will convey to Progress Energy
the Council's desire for acceptable responses to malfunctioning lights.
.
Councilmember Jonson noted the Homeless Task Force will be addressing public
transportation and suggested to PST A (Pinellas Suncoast Transit Authority) that they be part of
the process; commented on the Acqua project; and encouraged volunteering as a mentor for
school children.
Mavor Hibbard welcomed Assistant City Manager Rod Irwin; commented on Office
Depot's school program; and reported work on Court and Chestnut Streets is progressing.
17 - Adjourn
The meeting adjourned at 9:59 p.m.
Attest:
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'Mayor
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