Loading...
08/15/2005 . . . CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 15, 2005 Present: Frank Hibbard William C. Jonson Hoyt P. Hamilton Carlen Petersen John Doran Mayor Vice-Mayor Councilmember Councilmember Council member Also present: William B. Horne II Garry Brumback Rod Irwin Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant 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 Dr. Gerald Iwerks of Peace Memorial 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. The City Council recessed from 6:02 to 6:08 p.m. to meet as the Pension Trustees and Community Redevelopment Agency. 4 Introductions and Awards: 4.1 Service Awards Four Service Awards were presented to City employees. 4.2 American Public Gas Association (APGA) 2005 Safety Manaqement Excellence Award CGS (Clearwater Gas System) Managing Director Chuck Warrington presented the APGA 2005 Safety Management Excellence Award received at a recent conference. 5 Presentations 5.1 Scopinq 4 Success Members of the 2005 "Got Gov" group were introduced, and two of the youths who attended reported on the Scoping 4 Success leadership conference. Members were commended for participating in the new program engaging youth in the political process. 5.2 Proclamation The Mayor proclaimed October 1,2005, as Make A Difference Tournament Day. Council 2005-08-15 1 . 5.3 Unveilina of Memorial Causeway Bridae Artwork Artist Robin Popp unveiled her artwork of the new Memorial Causeway Bridge. 6 Approval of Minutes 6.1 Auaust 4.2005 Commissioner Hamilton moved to approve the minutes of the regular meeting of August 4,2005, as amended. The motion was duly seconded and carried unanimously. 7 Citizens to be Heard re Items Not on the Agenda Robert Urich complained regarding difficulties in trying to redevelop his commercial property. Staff said there is a formal process to facilitate redevelopment of old property and indicated staff has worked with him and will continue to do so within the parameters of the Code. Public Hearings - Not before 6:00 PM 8 Administrative public hearings . 8.1 Approve the applicant's request to vacate the 20-foot drainaae and utility easement lyinQ within a vacated portion of Chautauqua Boulevard. (a.k.a. 2301 Chautauqua Avenue), as more particularly described in Ordinance #7492-05 and pass Ordinance #7492-05 on first readina, (VAC2005-11 First Tampa Lake Chautauqua, LLC). The applicant is seeking vacation of this easement in order to clear the way for development of Chautauqua Lake Estates, a new 46 unit single-family subdivision. The new subdivision has been platted with new drainage and utility easements and the subject easement is no longer needed. Progress Energy, Knology, Verizon and Brighthouse Cable have no objections to the vacation request. There are no city utilities present in the subject easement. Public Works Administration has no objections to the vacation request. Councilmember Jonson moved to approve the applicant's request to vacate the 20-foot drainage and utility easement lying within a vacated portion of Chautauqua Boulevard, (a.k.a. 2301 Chautauqua Avenue). The motion was duly seconded and carried unanimously. Ordinance #7492-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7492-05 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 2005-08-15 2 . 8.2 Approve the applicant's request to vacate the 60-foot riqht-of-way of Rollen Road located between the westerly extension of the north and south property lines of Lot 1. Block "E." Pinebrook Hiqhlands. (a.k.a. 1341 Overlea Street). and pass Ordinance #7491-05 on first readinq, (VAC2005-10 Thompson). The applicant is seeking vacation of this right-of-way to reduce the setbacks otherwise required for future construction of a proposed garage. The subject right-of-way portion is unimproved. Knology, Verizon, Brighthouse Cable and Progress Energy have no objections to the vacation request. One City utility is in the subject right-of-way, a stormwater outfall pipe, which drains into Stevenson's Creek. No future need for this street portion is anticipated. Public Works Administration has no objection to the vacation request provided that a drainage and utility easement is retained over the full width of the street portion to be vacated. Councilmember Doran moved to approve the applicant's request to vacate the 60-foot right-of-way of Rollen Road located between the westerly extension of the north and south property lines of Lot 1, Block "E," Pinebrook Highlands, (a.k.a. 1341 Overlea Street). The motion was duly seconded and carried unanimously. Ordinance #7491-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7491-05 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 Quasi-judicial public hearings 9.1 Approve the Annexation, Land Use Plan Amendment from County Residential Suburban (RS) and Preservation (P) to City Residential Suburban (RS) and Preservation (P) and ZoninQ Atlas Amendment from the County RR, Rural Residential District. to the City Low Density Residential (LDR) and Preservation (P) Districts for 2695 2nd Avenue S. (Portions of Chautauqua Lake Estates in Section 32-28-16); and pass Ordinances #7486-05, #7487-05 & #7488-05 on first readinq. (ANX2005-004015) The subject property is located on the east side of Chautauqua Avenue, between 2nd Avenue S. and 3rd Avenue S. The applicant is requesting this annexation in order to receive sanitary sewer, water and solid waste service from the City. The property is contiguous to existing City boundaries to the north and west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 4.86-acres in area and is currently developed with a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Suburban (RS) and Preservation (P) and zoning categories of Low Density Residential (LMDR) and Preservation (P). . The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan Council 2005-08-15 3 . . . and the Community Development Code; and 3) The proposed annexation is contiguous to existing City boundaries. This annexation has been reviewed by the Pine lias Planning Council (PPC) staff 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 July 19, 2005, and unanimously recommended approval of the application. Council member Jonson moved to approve the Annexation, Land Use Plan Amendment from County Residential Suburban (RS) and Preservation (P) to City Residential Suburban (RS) and Preservation (P) and Zoning Atlas Amendment from the County RR, Rural Residential District, to the City Low Density Residential (LDR) and Preservation (P) Districts for 2695 2nd Avenue S. (Portions of Chautauqua Lake Estates in Section 32-28-16). The motion was duly seconded and carried unanimously. Ordinance #7486-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7486-05 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 #7487-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7487-05 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 #7488-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7488-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9.2 Approve the Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zonina Atlas Amendment from the County R-3. Sinale-Family Residential District. to the City Low Medium Density Residential (LMDR) District for 1555 Bonair Street (Lots 1. 2. 3. 4. and the east one-half of Lot 5. Block A. Bonair Hills Subdivision in Section 11-29-15); and pass Ordinances #7483-05. #7484-05 & #7485-05 on first readina. (ANX2005- 04014 ) The subject property is located on the west side of Wood Drive, between Bonair Street and Palmetto Street. The applicant is requesting this annexation in order to receive sanitary sewer, water, and solid waste service from the City. The property is located within an unincorporated enclave and is contiguous to existing City boundaries on the west, north, and south; therefore, the proposed annexation is consistent with Pinellas County requirements with Council 2005-08-15 4 . . . regard to voluntary annexation. The subject site is approximately 0.85-acres in area and is currently vacant. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is located within an enclave and its annexation will reduce such enclave. This annexation has been reviewed by the PPC staff according to the provisions of Pine lias County Ordinance #00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this application at its public hearing on July 19,2005 and unanimously recommended approval of the application. Councilmember Jonson moved to approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 1555 Bonair Street (Lots 1, 2, 3, 4, and the east one-half of Lot 5, Block A, Bonair Hills Subdivision in Section 11-29-15). The motion was duly seconded and carried unanimously. Ordinance #7483-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7483-05 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 #7484-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7484-05 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 #7485-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7485-05 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 2005-08-15 5 . . . 9.3 Approve the Annexation. Land Use Plan Amendment from County Residential Low (Rl) to City Residential Low (Rl) and Zoninq Atlas Amendment from the County R-3. Sinqle-Family Residential District. to the City Low Medium Density Residential (LMDR) District for 3000 Lake Vista Drive (Lot 6. Block F. Kapok Terrace in Section 09-29-16); and pass Ordinances #7480- 05. #7481-05 & #7482-05 on first readinq. (ANX2005-04013) The subject property is located on the north side of Lake Vista Drive, approximately 250 feet west of Moss Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the west; therefore, the proposed annexation is consistent with Pine lias County requirements with regard to voluntary annexation. The subject site is approximately 0.27-acre in area and is currently developed with a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; AND 3) The proposed annexation is contiguous to existing City boundaries. This annexation has been reviewed by the PPC staff 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 July 19, 2005 and unanimously recommended approval of the application. Councilmember Jonson moved to approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 3000 Lake Vista Drive (Lot 6, Block F, Kapok Terrace in Section 09-29-16). The motion was duly seconded and carried unanimously. Ordinance #7480-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7480-05 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 #7481-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7481-05 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 2005-08-15 6 . . . Ordinance #7482-05 was presented for first reading and read by title only. Council member Hamilton moved to pass Ordinance #7482-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9.4 Approve the 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 Low Medium Density Residential (LMDR) District for 1355 Union Street (Lots 3. 4.5.6. and 7. Brooklawn in Section 03-29-15); and pass Ordinances #7471-05. #7472-05 & #7473-05 on first readinQ. (ANX2005-04010) The subject property is located on the southwest corner of Union Street and Evergreen Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the east and south; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is approximately 0.64-acre in area and is currently developed with a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing City boundaries. This annexation has been reviewed by PPC staff 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 July 19, 2005 and unanimously recommended approval of the application. Councilmember Jonson moved to approve the 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 Low Medium Density Residential (LMDR) District for 1355 Union Street (Lots 3, 4, 5, 6, and 7, Brooklawn in Section 03-29-15). The motion was duly seconded and carried unanimously. Ordinance #7471-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7471-05 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 2005-08-15 7 . . . Ordinance #7472-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7472-05 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 #7473-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7473-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9.5 Approve the Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoninq Atlas Amendment from the County R-3. Sinqle-Family Residential District. to the City Low Medium Density Residential (LMDR) District for 2748 Shaddock Drive (Lot 13. Block 6. Virqinia Grove Estates First Addition in Section 08-29-16); and pass Ordinances #7477-05. #7478-05 & #7479-05 on first readinq. (ANX2005-04012) The subject property is located on the north side of Shaddock Drive, approximately 400 feet west of Calamondin Lane. The applicant is requesting this annexation in order to receive solid waste service from the City. The property is located within an unincorporated enclave and is not contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The subject site is appro"ximately 0.19-acre in area and is currently developed with a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is located within an enclave and its annexation will reduce such enclave. This annexation has been reviewed by PPC staff 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 July 19, 2005 and unanimously recommended approval of the application. Councilmember Jonson moved to approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low Medium Density Residential (LMDR) District for 2748 Shaddock Drive (Lot 13, Block 6, Virginia Grove Estates First Addition in Section 08-29-16). The motion was duly seconded and carried unanimously. Council 2005-08-15 8 . . . Ordinance #7477-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7477-05 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 #7478-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7478-05 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 #7479-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7479-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 9.6 Approve the Future Land Use Plan Amendment from the Industrial Limited (Il) cateqorv to the Commercial General (CG) cateqorv and Zoninq Atlas Amendment from the Industrial. Research. Technoloqy (IRT) District to the Commercial (C) District for property located at 1822 North Belcher Road (Lot 2. Mathews/Nielsen Replan and pass Ordinances #7469-05 & #7470- 05 on first readinq. (LUZ2005-04006) The subject site is comprised of one parcel of land totaling 0.499 acre, located at 1822 North Belcher Road. It is located at the northwest corner of Sunnydale Boulevard and North Belcher Road. The applicant is requesting to amend the Future Land Use Plan Map designation of this site from the Industrial Limited (IL) category to the Commercial General (CG) category and to rezone it from the Industrial, Research, Technology (IRT) District to the Commercial (C) District in order to construct an office building on the property. The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. 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 July 19, 2005 and unanimously recommended approval of the application. Council 2005-08-15 9 . . . Concern was expressed light industrial land areas are disappearing in the County. In response to a question, Assistant Planning Director Gina Clayton said she was not familiar with the history of the current zoning of the site. She said the property on Belcher Road is more commercial in nature and did not feel the rezoning would have a negative effect on the industrial base. It was remarked the size of the lot would limit the amount of intense commercial development. Councilmember Petersen moved to approve the Future Land Use Plan Amendment from the Industrial Limited (IL) category to the Commercial General (CG) category and Zoning Atlas Amendment from the Industrial, Research, Technology (IRT) District to the Commercial (C) District for property located at 1822 North Belcher Road (Lot 2, Mathews/Nielsen Replat). The motion was duly seconded. Councilmembers Hamilton, Petersen, and Doran and Mayor Hibbard voted "Aye"; Councilmember Jonson voted "Nay." Motion carried. Ordinance #7469-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7469-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Petersen, Doran, and Hibbard. "Nays": Jonson. Motion carried. Ordinance #7470-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7470-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Petersen, Doran, and Hibbard. "Nays": Jonson. Motion carried. 9.7 Approve the Future Land Use Plan Amendment from the Industrial Limited (IL) cateqorv to the Commercial General (CG) cateqorv and Zoninq Atlas Amendment from the Industrial, Research. Technoloqy (IRT) District to the Commercial (C) District for property located at 1834 North Belcher Road (Lot 1. Mathews/Nielsen Replan and Pass Ordinances #7467-05 & #7468- 05 first readinq. (LUZ2005-03005) The subject site is comprised of one parcel of land totaling 1.58 acres located at 1834 North Belcher Road. It is located on the west side of North Belcher Road, approximately 100 feet north of Sunnydale Boulevard and 600 feet south of Sunset Point Road. The applicant is requesting to amend the Future Land Use Plan Map designation of this site from the Industrial Limited (IL) category to the Commercial General (CG) category and to rezone it from the Industrial, Research, Technology (IRT) District to the Commercial (C) District in order to re- establish a restaurant within the existing 6,217 square-foot building. The historical use of the site and building has been as a restaurant. Council 2005-08-15 10 . . . The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. 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 July 19, 2005, and unanimously recommended approval of the application. In response to a question, Ms. Clayton said the owner plans to continue to use the property for a restaurant which should not change the LOS (Level of Service) on Belcher Road. Staff will provide information on the site's original approval for restaurant use. Councilmember Hamilton moved to approve the Future Land Use Plan Amendment from the Industrial Limited (IL) category to the Commercial General (CG) category and Zoning Atlas Amendment from the Industrial, Research, Technology (IRT) District to the Commercial (C) District for property located at 1834 North Belcher Road (Lot 1, Mathews/Nielsen Replat). The motion was duly seconded. Councilmembers Hamilton, Petersen, and Doran and Mayor Hibbard voted "Aye"; Councilmember Jonson voted "Nay." Motion carried. Ordinance #7467-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7467-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Petersen, Doran, and Hibbard. "Nays": Jonson. Motion carried. Ordinance #7468-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7468-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Petersen, Doran, and Hibbard. "Nays": Jonson. Motion carried. Council 2005-08-15 11 . . . 10 Second Readings - public hearing 10.1 Adopt Ordinance #7490-05 on second readinq. amendinq the code of ordinances relatinq to traffic and motor vehicles by creatino Section 30.040. Parkinq in Revenue Generatinq City Parkinq Lots. Garaqes. and Other City Property; and amendinq sections in Chapter 30 Division I. and sections in Article II. Division 3. Ordinance #7490-05 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance #7490-05 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. 10.2 Adopt Ordinance #7495-05 on second readino. relatinq to declarations of a state of emerqency. amendinq Section 15.07 to clarify the procedures for declarinq a state of emerqency. Ordinance #7495-05 was presented for second reading and read by title only. Council member Doran moved to pass and adopt Ordinance #7495-05 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 City Manager Reports 11 Consent Agenda - None. 12 Other items on City Manager Reports 12.1 Approve the bankinq services aqreement with Bank of America for a period of five years commencinq October 1. 2005 for an estimated $130.000 annually. and authorize the appropriate officials to execute same. The City solicited proposals for banking services from qualified firms per RFP (Request for Proposals) 27-05, issued May 2, 2005. Seven banks provided proposals, which were ranked by a selection committee consisting of representatives from Finance, Clearwater Customer Service, Parking, and Parks & Recreation. Bank of America was chosen by the committee based on the earnings rate on overnight cash balances, the physical proximity of City offices and activities to banking locations, the aggregate cost of banking services, and the experience and continuity of the bank officials identified as primary contact personnel. The Bank of America's RFP response gave the City two fee schedules, Option 1 with a higher monthly fee and a higher return rate on the City's cash balances and Option 2 with a Council 2005-08-15 12 . lower monthly fee and a lower return rate on the City's cash balances. Option 2 is more advantageous to the City based on the projected cash balances the City will keep. Bank of America is currently providing the City's banking services. The City will be taking advantage of new technologies to reduce costs as opportunities arise. Expenses for this contract are charged to a non-budget expense code in the Consolidated Cash Fund. The expenses are deducted from the investment earnings prior to the allocation of earnings to participating funds. Bank of America will provide checking accounts, safekeeping of the city's investments, coin services, utility payment processing services and overnight investing of account balances among other services. In response to a question, the City Attorney said the contract has a 30-day exit clause, with no associated costs. Council member Jonson moved to approve the banking services agreement with Bank of America for a period offive years commencing October 1, 2005 for an estimated $130,000 annually, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. . 12.2 Approve a First Amendment to Gas Supply and Transportation Aqreement with TECO Peoples Gas System. providinq for the relocation of the northern meterinq equipment referenced in the Gas Supply and Transportation Aqreement. dated December 2. 2004 and authorize the appropriate officials to execute same. The City of Clearwater/Clearwater Gas System (CGS) entered into a Gas Supply and Transportation Agreement with TECO Peoples Gas System (PGS) on December 2, 2004, to serve the newly transferred Central Pasco territory. In accordance with the Gas Supply Agreement, the territory will be served by CGS, but the gas supply will come from PGS. The Agreement specified two permanent metering locations and one temporary location. CGS and PGS have agreed to a more secure location for the northern-most metering equipment, which is approximately two miles north of State Road 52, near the intersection of Hays Road and Hudson Road. This will allow the metering equipment to be secured within the fencing of an existing PGS Gate Station. Both parties desire to amend the Agreement in order to modify the location of the referenced meter station that will subsequently be installed by PGS. PGS will install the main line piping from this northern metering location to the interconnect with CGS at the intersection of State Road 52 and Hays Road. Appendix A to the Agreement has also been deleted in its entirety and replaced with the revised Appendix A, which reflects the above changes. In response to a question, Mr. Warrington said the gate station facility is a more secure location for the meter. . Councilmember Petersen moved to approve a First Amendment to Gas Supply and Transportation Agreement with TECO Peoples Gas System, providing for the relocation of the northern metering equipment referenced in the Gas Supply and Transportation Agreement, dated December 2, 2004 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2005-08-15 13 . 12.3 Approve Chanoe Order #1 to TLC Diversified. Inc. of Palmetto. Florida for the Northeast APCF Filter Rehabilitation & Marshall St. APCF Blower Replacement Proiect (03-0066-UT) which increases the contract amount by $329.216 for a new contract total of $2.724.921 and approve a time extension of 45 days. and authorize the appropriate officials to execute same. This contract was previously approved by the City Council on November 18, 2004 for $2,395,705. Change Order 1 includes complete replacement of under drains and cores, for a total of 57 sets, in 12 filters at the North East APCF. Upon shutting down filters and removing the existing under drain cores, it was discovered that the condition of the cores had deteriorated, making it infeasible to reinstall and reuse the original cores as stated in the contract. This condition could not be detected prior to shutting down the filters. Resolution #04-36 was passed on December 16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-ex~mpt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution #04-36. In response to a question, Public Services Assistant Director Ray Boler said the previous filters had lasted approximately 15 years. The length of service depends on maintenance and the type of debris filtered. . Councilmember Doran moved to approve Change Order #1 to TLC Diversified, Inc. of Palmetto, Florida for the Northeast APCF Filter Rehabilitation & Marshall St. APCF Blower Replacement Project (03-0066-UT) which increases the contract amount by $329,216 for a new contract total of $2,724,921 and approve a time extension of 45 days, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 12.4 Award a contract for the Drew Street and Lady Mary Drive Drainaqe Improvements (03- 0009-EN) to Castco Construction Company of Laroo. Florida for the sum of $381.381.83. which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. The work proposed in this contract is for the construction of a new stormwater collection system in the southern Drew Street right-of-way between Betty Lane and Stevenson Creek. The primary purpose of this project is to provide conveyance of surface waters to Stevenson Creek and to alleviate flooding at the Drew Street and Lady Mary Drive intersection. The work to be performed will be the construction of a new storm sewer, inlets along Drew Street and an upgraded outfall to Stevenson Creek. The contract includes all demolition work, reconstruction of sidewalk, curb & gutter, roadway and minor utility relocation to accommodate the new stormwater collection system. . Construction will require the closure of the eastbound right lane of Drew Street adjacent to the work area for the contract duration. An alternate path will be marked as an option to commuters wishing to bypass construction. This path will travel south on Missouri Avenue to Cleveland Street, east on Cleveland Street to Highland Avenue, then north on Highland Avenue returning to Drew Street. Council 2005-08-15 14 . This project will commence after award and execution of the contract (but not before the new Memorial Causeway Bridge is open to traffic) and will be completed in 120 calendar days. In response to a question, Engineering Manager Brian Barker estimated the Lady Mary Drive and Drew Street intersection would be closed for less than 30 days. Councilmember Hamilton moved to award a contract for the Drew Street and Lady Mary Drive Drainage Improvements (03-0009-EN) to Castco Construction Company of Largo, Florida for the sum of $381,381.83, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 12.5 Award contracts to Citation Manaqement. Milwaukee, WI. for parkinq violation processinq services for the" period October 1. 2005 throuqh September 30. 2008. at a cost of $3.13 per citation processed. estimated at $156.500 annually per the final evaluation of the Request For Proposal #22-05 in accordance with the specifications and estimated at $53,500 for collection aqency services at a fee of 28% of total fines collected after 80 days for a total contract estimate of $210.000 annually: and that the appropriate officials be authorized to execute same. . The Pine lias County Clerk of the Court has been processing the City's parking violations since the mid-1970s for a nominal fee. In 1998, the voters of Florida adopted a revision to amend Article V of the Florida Constitution to shift the responsibility for the funding of the court system from the counties to the State. It was determined that processing parking violations is not a statutory requirement, therefore, effective July 1, 2004, the State stopped all funding of this activity. In FY (Fiscal Year) 2002, the County began billing the City for one-half of the actual costs involved with the administration of the parking violation program and in FY 2003 100% of actual costs. Actual costs average $4.50 to $5 per citation filed (approximately $225,000 to $250,000 annually). Staff reviewed establishing a new cost center for processing the violations internally and determined that it was more cost effective to issue a RFP for a private firm to provide this service. An extensive RFP was developed to outsource this program. The scope includes all hardware and software for issuing the citations, back office software for noticing & coordination with the State DMV for registration holds, customer service with an "800" call center for questions, inquiries, disputes; various payment options including a 24 hour Interactive Voice Response phone system for credit card payment, web payments, mail and drop box. Software for reporting and delinquent citations also will be handled. The Clerk of the Court will continue to hear any disputes. The fee for this service is estimated to be in the range of $3.50 - $4 per hearing. Two firms responded to the RFP and Citation Management was selected as the most responsive and responsible vendor. The agreement is based on an all-inclusive per transaction fee of $3.13 per citation issued. Based on approximately 50,000 citations issued, annual processing costs are anticipated to be approximately $156,500. After 80 days, all unpaid citations will be forwarded to the delinquent services section of Citation Management for collection efforts. The costs for collection services are 28% of funds collected, estimated at $53,500 annually. . Current annual gross parking fine revenue is approximately $800,000 (includes parking fines and school crossing guard surcharges). Citation Management estimates future total annual Council 2005-08-15 15 . . . gross revenue at $1,000,000. Therefore, combined costs savings of $15,000 - $40,000 and increased collections of approximately $200,000 equate to $215,000 - $240,000 increase in revenue to the City. This is a three-year contract with two one-year renewal options. The per citation fee for year one and two is $3.13. Contract year three allows for a CPI increase. Council member Jonson moved to award contracts to Citation Management, Milwaukee, WI, for parking violation processing services for the period October 1, 2005 through September 30, 2008, at a cost of $3.13 per citation processed, estimated at $156,500 annually per the final evaluation of the Request For Proposal #22-05 in accordance with the specifications and estimated at $53,500 for collection agency services at a fee of 28% of total fines collected after 80 days for a total contract estimate of $210,000 annually; and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 12.6 Approve a Special Proiect Grant Aqreement between the City of Clearwater and the Department of Housinq and Urban Development in the amount of $201,184 for desiqn work for BeachWalk and authorize the appropriate officials to execute same. In September 2002, the City received a Housing and Urban Development Special Project Grant in the amount of $490,000 for the Beach Walk design. As the design progressed additional design efforts were needed in utility locations; geotechnical work; Coastal Construction Line field survey; and South Beach Pavilion coordination. A peer constructability review also was performed. This additional grant for $201,184 will reimburse expenses incurred subsequent to February 20, 2003. All of the above additional design costs were incurred subsequent to that date and are eligible for reimbursement. Beach Walk plans are out to bid, with the bid opening scheduled for August 17, 2005. Councilmember Petersen moved to approve a Special Project Grant Agreement between the City of Clearwater and the Department of Housing and Urban Development in the amount of $201,184 for design work for Beach Walk and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 12.7 Approve increasinq the Marina budqet $525.000 to cover the increased cost of fuel. The Ross System will not allow for expenditures over the allotment stipulated. The Marina will run out of funds to pay for the increased cost in fuel before the 3rd quarter amendment period in September. With Council approval, staff would like to increase the funds in Marina code 311, items for resale, by $525,000 to cover the cost to purchase fuel. Revenue Code 347574 will be increased by $600,000 to account for the difference between what the City pays for fuel, and the $0.25 per gallon the City makes on the sale. In response to a question, Marine & Aviation Director Bill Morris reported a slight decrease in fuel demand at the Marina has occurred. Councilmember Doran moved to increase the Marina budget by $525,000 to cover the increased cost of fuel. The motion was duly seconded and carried unanimously. Council 2005-08-15 16 . 12.8 Pass Ordinance #7514-05 on first readinq. amendinq Section 2.102 of the Code to reduce the number of board members for the Beautification Committee from seven members to five members. The Code of Ordinances, Section 2.102, states that "The Beautification Committee shall be composed of seven members who shall be residents of the City". Currently, the Board has only five members and no one on the waiting list. This void on the Board is in its eighth month. Currently, it is not uncommon for the Board to not have a quorum to conduct business. This has a negative effect on their ability to handle the business for each meeting. It is recommended to reduce the number of Board positions to the current level of five, which will allow for a smaller quorum for the Board to conduct business. Parks & Recreation Director Kevin Dunbar reported it has been a struggle to attract new members for the Beautification Committee. Staff has contacted homeowner associations for nominees. Concern was expressed the 8:00 a.m. meeting time might not be convenient for working people. Support was expressed to continue this item to try and recruit new members. Councilmember Petersen moved to continue Item #12.8 to September 15, 2005. The motion was duly seconded and carried unanimously. . 12.9 Appoint the Citizen Advisory Committee (CAC) to assist in the preparation of the Evaluation and Appraisal Report (EAR) required for the Comprehensive Plan and pass Resolution #05-36. The State of Florida Department of Community Affairs through Chapter 163, Florida Statutes, requires all local governments in Florida to periodically review their comprehensive plans through the Evaluation and Appraisal Report (EAR) process, and it is the intent of Chapter 163 that the public participate in the EAR process to the fullest extent possible. It is the responsibility of local planning agencies and local governmental units to adopt procedures designed to provide effective public participation in the EAR process, and the City has determined that the formation of a CAC (Citizen Advisory Committee) is an appropriate way to provide effective public participation. The Planning Department is requesting the City Council to formally create a CAC comprised of representatives from the seven neighborhood districts in the City of Clearwater who will represent diverse interests within the community. City staff from the planning, engineering, development, parks and recreation, economic development, housing and utilities departments also will participate. The City is required to submit an EAR by October 1, 2006 to the Department of Community Affairs, and this resolution will establish the membership of the CAC that will participate in the EAR process for the review of the City of Clearwater Comprehensive Plan. . In response to questions, Ms. Clayton said a consultant will assist staff. The meetings will be publicly noticed and minutes produced. It was felt there was some imbalance in the districts and Ms. Clayton indicated there was a lack of names from District 7 and District 2 is Council 2005-08-15 17 . . . one of the City's most densely populated areas and includes business representatives. She said the CAC will try to meet every two weeks and is anticipating. a total of seven meetings. Councilmember Hamilton moved to appoint: District 1 - Frank Dame, Nicholas Fritsch, Russ Kimball, and Josh Magidson; District 2 - Laron Barber, Reginald Braswell, Barbara Green, Margaret Hightower, Judy Melges, Michael Sanders, Bryan Stanley, and Duke Tieman; District 3 - Norma Carlough and Sondra Kerr; District 4 - Elizabeth France and Odilon Mezquite; District 5 - Rod Lease and Bill Murray; District 6 - Rob Boos and Helen Kerwin; District 7 - Douglas Booher; Downtown Area - Laura St. Clair; and Pinellas County Planning Department - Elizabeth Freeman to the Citizen Advisory Committee (CAC) to assist in the preparation of the Evaluation and Appraisal Report (EAR) required for the Comprehensive Plan. The motion was duly seconded and carried unanimously. Resolution #05-36 was presented and read by title only. Councilmember Hamilton moved to pass and adopt Resolution #05-36 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. 12.10 Approve nominations for the Florida Leaque of Cities "Florida Cities of Excellence Awards" for Bill Horne (City Manaqer of the Year), Cyndie Goudeau (City Clerk of the Year), and Staff has nominated Bill Horne for the Florida League of Cities "City Manager of the Year," Cyndie Goudeau for "City Clerk of the Year," and the City of Clearwater for "Florida City of Excellence Award." All three of these awards require a nomination by a majority vote of the Council. Assistant City Manager Garry Brumback said staff will continue to incorporate feedback. Councilmember Petersen moved to approve nominations for the Florida League of Cities "Florida Cities of Excellence Awards" for Bill Horne (City Manager of the Year), Cyndie Goudeau (City Clerk the City of Clearwater (Florida City of Excellence Award). of the Year), and the City of Clearwater (Florida City of Excellence Award). The motion was duly seconded and carried unanimously. 12.11 Appoint a councilmember to represent the Pinellas County Economic Development Council for a two-year term from Auqust 1,2005 to July 31,2007. The City recently was informed Vice-Mayor Jonson's term on the Pinellas County Economic Development Council expired at the end of July 2005. The Vice-Mayor has indicated interest in being reappointed. Councilmember Hamilton moved to reappoint Councilmember Jonson to represent the Pinellas County Economic Development Council for a two-year term from August 1, 2005 to July 31,2007. The motion was duly seconded and carried unanimously. Council 2005-08-15 18 . 12.12 Award a contract to Williams Scotsman Inc.. Tampa. Florida. in the amount of $203.040. for the purchase and installation of one Scots Buildinq in accordance with Sec. 2.564(1 )(d). code of Ordinances - GSA Contract Gs-07F-0257M. and the appropriate officials be authorized to execute same. City Council approved authorizing supplemental agreement #1 increasing funds to the existing JPA with the Florida Department of Transportation (FOOT) to complete the new modular terminal/fixed base operator building at Clearwater Airpark on July 21, 2005. The revised total project cost provided at an 80:20 split, $202,800 FDOT:$50,700 City, is $253,500 which covers the added cost for upgrading the building roof and site preparation work. The City has contracted with Williams Scotsman Inc., through GSA Contract Number GS-07F-0257M, to supply the fixed base operator building, which includes the delivery, set up, skirting, steps, ramp and general contracting per scope at a cost of $203,040. Councilmember Jonson moved to award a contract to Williams Scotsman Inc., Tampa, Florida, in the amount of $203,040, for the purchase and installation of one Scots Building in accordance with Sec. 2.564(1 )(d), code of Ordinances - GSA Contract Gs-07F-0257M, and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. . 12.13 Approve the MCCi (Municipal Code Corporation Innovations) Professional Services Proposal for the purchase and installation of LaserFiche Electronic Document Manaqement System at a cost of $68.946. and MuniAqenda Electronic Aqenda proqram at a cost of $38.600. for a total cost of $107.546. in accordance with Code Section 2.564(1 )(d). other qovernmental bid (State contract) and authorize the appropriate officials to execute same. The City has been using electronic document management and agenda systems purchased from Identitech. Since the time of these purchases, the focus of the company changed and it eventually was bought out by eiStream, now Global 360. Because of these events, the systems were not developed as fully as anticipated. Therefore, a decision was made to find replacement systems. Staff investigated several document management and agenda systems and determined the Laserfiche and MuniAgenda products best met City needs. The MuniAgenda Software (developed by Novusolutions), is a web-based solution, designed specifically for Government organizations. Laserfiche Software, provides an intuitive browse window, index cards, full-text indexing, user-friendly search options, and virtually unlimited folders, giving users access to any document quickly. Laserfiche provides a truly concurrent licensing structure. Instead of purchasing a license for every computer with Laserfiche installed, licenses can be purchased to suit the needs of the number of people enterprise-wide that will use Laserfiche. MCCi will meet with staff to customize MuniAgenda to Clearwater's requirements and will convert existing electronic documents stored in the Identitech FYI system to Laserfiche. Full implementation of the new system will take place prior to the end of this calendar year. . In response to a question, City Clerk Cyndie Goudeau said the new system will allow the general public to do searches and look at agenda items, via a web search. Councilmembers will be able to receive their packets electronically and the system will automate minute production. Council 2005-08-15 19 . Councilmember Petersen moved to approve the MCCi (Municipal Code Corporation Innovations) Professional Services Proposal for the purchase and installation of LaserFiche Electronic Document Management System at a cost of $68,946, and MuniAgenda Electronic Agenda program at a cost of $38,600, for a total cost of $107,546, in accordance with Code Section 2.564(1 )(d), other governmental bid (State contract) and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 13 City Attorney Reports - None. 14 City Manager Verbal Reports The City Manager reported the new Memorial Causeway Bridge is scheduled to open to traffic this weekend. FDOT (Florida Department of Transportation) estimated the cost of delaying the opening until August 27,2005, for planned bridge opening activities at $160,000. He said FDOT would allow the eastbound lanes to be closed for two hours on August 2yth to allow the opening ceremony activities. Discussion ensued with support expressed for the two-hour timeframe in celebration of the bridge's opening. Consensus was to close the eastbound lanes on the new Memorial Causeway Bridge for two hours on August 27,2005, for opening bridge activities. 15 Council Discussion Items . 15.1 Relocation of Calvary Baptist Church Chapel - Hibbard Mayor Hibbard disclosed he has been a member of the Calvary Baptist Church for 26 years, and reported on his efforts to preserve its Chapel for use as a performing arts venue in the Downtown. He said Opus, the developer, has offered to donate the chapel building. The building is in excellent condition. Grant opportunities at both the state and federal level are being pursued. Moving the structure is estimated to cost $1-million and asbestos issues need to be explored. The Mayor reported $600,000 already has been received in private commitments. Discussion ensued regarding possible sites and it was noted the cost goes up the further away the building is moved. Locating the building below the bluff would require a referendum. In response to a question, it was indicated leaving the chapel in its current location would ruin Opus' floorplate. The Mayor encouraged everyone to visit the Chapel. He said it would be a lost opportunity if the City does not look into relocating the Chapel as it can be programmed to become a vital part of the community and draw people into the area. Consensus was to support exploring the possibility of relocating the Baptist Church Chapel to another site. Staff will look for viable sites and obtain definitive costs on moving the structure. . Council 2005-08-15 20 . . . 16 Other Council Action Council members reported on events in which they recently participated and reviewed upcoming events. Councilmember Hamilton reminded everyone to watch out for school kids and school buses. Council member Jonson encouraged viewers to participate in CERT training, encouraged mentoring at local schools, and expressed sympathy to the Ken Waters' family. Councilmember Petersen said the Homeless Policy Group is progressing rapidly and may request to remain as an advisory group. She thanked the Council for support of the GotGov group. Councilmember Doran thanked City staff that participated in United Way's Day of Caring on August 11, 2005. Mayor Hibbard welcomed the Nagano students arriving this week and congratulated Remington College graduates. 17 Adjourn The meeting adjourned at 8:40 p.m. 4~/~ ~or City of Clearwater Council 2005-08-15 21