10/20/2005
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CiTY COUNCIL MEETING MINUTES
- CITY OF CLEARWATER
October 20, 2005
Present:
Frank V. Hibbard
William C. Jonson
Hoyt P. Hamilton
Carlen A. Petersen
John Doran.
Mayor
Vice-Mayor
Councilmember
Council member
Council member
Also present: William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Brenda K. 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.Pastor of Ministries & Missions, Skip Dvornik, from Calvary Baptist
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:
4.1 - Service Awards
Four service awards were presented to City employees.
5 - Presentations:.
5.1 - Diversitv Leadership Council Poster Contest Winner
Equity Services Manager Cynthia Davis-Gryce Contest introduced contest
winners, who were congratulated by the Council.
5.2 - Proclamation: Greenwavs & Trails; 15th Birthday of the Pinellas Trail
The Mayor proclaimed October 2005 Florida Trails and Greenways Month in
Clearwater and recognized the 15th Birthday of the Pinellas Trail.
5.3 -Update on Hurricane Wilma and Hurricane Preparedness - Bill Vola
Emergency Management Coordinator Bill Vola provided an update on Hurricane
Wilma and the City's preparedness.
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Coundl 2005-10-20
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-6 - Approval of Minutes
6.1 - October 6, 2005
Councilmember Doran moved to approve the minutes of the regular meeting of
October 6, 2005, as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
Frank Dame, President Island Estates Civic Association, said the Citizens
Academy was excellent and complimented staff; requested Council r~view Section 2.404
of the Community Development Code and felt the approval process allows CDB to hear
people but not address their concerns.
Randy Payne spoke against Scientology leadership practices.
8 - Administrative public hearings
8.1 - Approve the applicant's request to vacate a 5-foot sidewalk easement which lies
alonq the east property lines of Lots 126 and 127, L1oyd-White-Skinner Subdivision.
(a.k.a. 421 South Gulfview Boulevard), and pass Ordinance #7539-05 on first readinq,
(VAC2005-14 Canterbury Property Manaqement. Inc. and TLS Holdinq, Inc.).
.
The applicant is seeking vacation of the five-foot sidewalk easement in order to
prepare property currently developed with two hotels, the Red Roof Inn and a
Travelodge, for a redevelopment project. Proposed is a 1 OO-unit condominium to be
named Siena Sands.
The applicant obtained flexible development approval for construction of the
project from the CDB (Community Development Board) on September 20,2005. Letters
of no objection are not required from the various private utilities, given that the easement
was granted as a sidewalk easement only. Public Works Administration has no
objections to the vacation request, as the BeachWalk plans for Coronado Drive
accommodate a seven-foot sidewalk within the right-of-way.
In response to 2 qL!e~t!on, Engineering Manager Scott Rice said the easement is
not wide enough for a bus shelter.
Council member Petersen moved to approve the applicant's request to vacate a
5-foot sidewalk easement which lies along the east property lines of Lots 126 and 127,
L1oyd-White-Skinner Subdivision, (a.k.a. 421 South Gulfview Boulevard), (Canterbury
Property Management, Inc. and TLS Holding, Inc.). The motion was duly seconded and
carried unanimously.
Ordinance #7539-05 was presented for first reading and read by title only.
Council member Doran moved to pass Ordinance #7539-05 on first reading. The motion
was duly seconded and upon roll call, the vote was:
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"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
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"Nays": None.
8.2 - Approve the applicant's request to vacate the drainaqe and utility easement that
was retained over a v8C'-Bted. portion of the riqht-of-way of Pine Street Iyinq alonq the
platted southerly property lines of Lots 6 throuqh 10. inclusive. Block 21. Maqnolia Park.
(a.k.a. 610 South Myrtle Avenue). and pass Ordinance #7540-05 on first readinq.
(VAC2005-15 Wells Court Development. LLC).
The applicant is seeking vacation of the easement in order to allow construction
.of a new townh.ome project to be known as, "Clearwater Flats," on the site formerly
occupied by Scotty's hardware and lumber yard. On September 20, 2005, the COB
approved a mixed use development proposal allowing reduced setbacks for 48
town home units and 2,757. square-feet of retail and restaurant floor area.
A City of Clearwater sanitary sewer line is the only utility presently. located in the
easement. The applicant will relocate the sanitary line on the subject property and
provide an easement meeting city engineering requirements. Verizon, Brighthouse,
Progress Energy and Knoiogy and Progress Energy have no objections to the vacation
request. Public Works Administration has no objections to the vacation request.
.
Councilmember Hamilton moved to approve the applicant's request to vacate the
drainage and utility easement that was retained over a vacated port!on of the right-of-
way of Pine Street lying along the platted southerly property lines of Lots 6 through 10,
inclusive, Block 21, Magnolia Park, (a.k.a. 610 South Myrtle Avenue). The motion was
duly seconded and carried unanimously.
Ordinance #7540-05 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7540-05 on first reading. The
motion was duly seconded and upon roll call, the vote was: .
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
8.3 - Continue to November 3,'2005, the declaration of surplus a 1.200 square-foot
parcel of land. more or less, Ivinq and beinq situate in the Northeast % of the Northeast
~ of the Southeast ~ of Section 8-29-16 for the purpose of qrantinq non-exclusive
Inqress and Eqress Easement thereupon to Venie W. Brinson. a sinqle woman, to
appurtenant property located at 2998 Lake Vista Drive.
Councilmember Petersen moved to continue Item 8.3 to November 3,2005. The
motion was duly seconded and carried unanimously.
9 - Quasi-judicial public hearings
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9.1 - Approve the Petition for Annexation. Future Land Use Plan Amendment from the
County Residential SuuufUCtil (RS) Cateqorv to the City Residential Suburban (RS)
- Cateqorv and Zoninq Atlas Amendment from the County R-1, Sinqle-Family Residential
District to the City Low Density Residential (LOR) District for 2275 McMullen-Booth Road
(Section 33-28-16); and Pass Ordinances #7534-05. #7535-05 & #7536-05 on first
readinq. (ANX2005-07024)
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. This annexation involves a 20-acre property consisting of one parcel, located on
the west side of McMullen-Booth Road, approximately 180 feet north of Crest Drive.
The property is contiguous with existing City boundaries to the north; therefore, the
proposed annexation is consistent with Pinellas County Ordinance #00-63 with regard to
voluntary annexation. The applicant is requesting this annexation in order to receive
water and sanitary sewer service from the City and develop a single-family residential
subdivision. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Suburban (RS) and a zoning category of Low Density
Residential (LDR).
The Planning Department determined that the proposed annexation is consistent
with the following standards specified in the Community Development Code: 1) The
proposed annexation will not have an adverse impact on public facilities and their level
of service; 2) The proposed annexation is consistent with the City's Comprehensive
Plan, the Countywide Plan and the Community Development Code; and 3) The
. proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the city boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC)
County staff accordance with the provisions of Pinellas County Ordinance #00-63,
Section 7(1-3), and no objections have been raised. The CDB reviewed this proposed
annexation at its regularly scheduled meeting on September 20, 2005, and unanimously
recommended approval.
.
Councilmember Doran.moved to approve the Petition for Annexation, Future
Land Use Plan Amendment from the County Residential Suburban (RS) Category to the
City Residential Suburban (RS) Category and Zoning Atlas Amendment from the County
R-1, Single-Family Residential District to the City Low Density Residential (LDR) District
for 2275 McMullen-Booth Road (Section 33-28-16). The motion I,tvas duly seconded
and carried unanimously.
Ordinance #7534-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7534-05 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 #7535-05 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7535-05 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 #7536-05 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7536-05 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
9.2 - Approve a Future Land Use Plan Amendment from the Residential Low (RL)
Cateqorv to the Residential/Office General (R/OG) Cateqorv and a Zoninq Atlas
Amendment from the Low Medium Densitv Residential (LMDR) District to the Office (0)
District Cateqorv for property located at 1532 South Hiqhland Avenue and a portion of
"1536 South Hiqhland Avenue (consistinq of Lots 7. 8. 9. 10. and 11. Block B. Scotia
Heiqhts. Section 23-29:H?t,and Pass Ordinances #7519-05"& #7520-05 on first readinq.
(LUZ2005-05009).
This Future Land Use Plan (FLUP) amendment and rezoning application involves
. property comprising approximately 0.4121 acre in area located on the west side of
Highland Avenue, 700 feet north of the intersection of Highland Avenue and Belleair
Road. This property has a FLUP classification of Residential Low (RL) and a zoning
designation of Low Medium Density Residential (LMDR). The applicant is requesting to
amend the FLUP designation of the site to the Residential/Office General (R/OG)
classification and to rezone part of the property (0.329 acre), 1532 South Highland
Avenue to the Office (0) District in order to use the property for offices. A small portion
of the site (0.0831 acre), part of 1536 South Highland Avenue, has an existing zoning
designation of Office, but has a FLUP classification of RL.
.
The Planning Deparirnent 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 PPC and the Board of County Commissioners acting as
the Countywide Planning Authority. Based on the size of the proposed plan category,
the application is a small-scale amendment and review and approval by the Florida
Department of Community Affairs is not required. The COB reviewed these applications
at its public hearing on September 20, 2005, and unanimously recommended approval
of both applications.
Councilmember Doran moved to approve a Future Land Use Plan Amendment
from the Residential Low (RL) Category to the Residential/Office General (R/OG)
Category and a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Office (0) District Category for property located at 1532 South
Highland Avenue and a portion of 1536 South Highland Avenue (consisting of Lots 7,8,
9, 10, and 11, Block 8, Scotia Heights. Section 23-29-15). The motion was duly
. seconded and carried unanimously.
.
Ordinance #7519-05 was presented for first reading and read by title only.
Council member Hamilton moved to pass Ordinance #7519-05 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes';: Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7520-05 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7520-05 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
9.3 - Approve the Petition for Annexation. Future Land Use Plan Amendment from the
Industrial LimitedCCl..!n!v (!L) Cateqorv to the City Industrial Limited (IL) Cateqory and
Zoninq Atlas Amendment from the County M-1, Liqht Manufacturinq and Industry District
to the City Industrial. Research and Technoloqy (IRT) District for 1715 Keene Road.
(part of Lots 25 and 26 , Pinellas Groves Subdivision in.Section 1-29-15); and Pass
Ordinances #7527-05, #7528-05 & #7529-05 on first readinq. (ANX2005-06022)
.
This annexation involves a 0.36-acreproperty consisting of one parcel, located
on the east side of Keene Road, approximately 35 feet south of CSX Transportation rail
lines. The property is IOCClt8d within an enclave and is contiguous to existing City
boundaries to the south and west; therefore, the proposed annexation is consistent with
Pinellas County requirements with regard to voluntary annexation. It also is proposed
that the abutting Keene Road right-of-way not currently within the City limits be annexed.
The applicant is requesting this annexation in order to provide vehicular access
to a City facility. It is proposed that the property be assigned a Future Land Use Plan
designation of Industrial Limited (IL) and zoning category of industrial, Research and
Technology (IRT).
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 Pinellas Planning Council (PPC)
County staff accordance with the provisions of Pinellas County Ordinance #00-63,
'Section 7(1-3),' and no objections have been raised. The CDS reviewed this proposed
annexation at its regularly scheduled meeting on September 20, 2005, and unanimously
recommended approval.
.
Council member Petersen moved to approve the Petition for Annexation, Future
Land Use Plan Amendment from the Industrial Limited County (IL) Category to the City
Industrial Limited (IL) Category and Zoning Atlas Amendment from the County M-1, Light
Manufacturing and Industry District to the City Industrial, Research and Technology
(IRT) District for 1715 Keene Road (part of Lots 25 and 26, Pine!las Groves Subdivision
Council 2005-10-20
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in Section 1-29-15). The motion was duly seconded and carried unanimously.
Ordinance #7527-05 was presented for first reading and read by title only.
Council member Doran moved to pass Ordinance #7527-05 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 #7528-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7528-05 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 #7529-05 was presented for first reading and read by title only.
Councilmember Jonsen mC'./cd to pass Ordinance #7529-05 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 Petition for Annexation. Future Land Use Plan Amendment from the
County Residential Lav.; (RL) Cateqorv to the City Residential Low (RL) Cateqorv and
Zoninq Atlas Amendment from the County R-3. Sinqle-Family Residential District to the
City Low Medium Density Residential (LMDR) District for 1932 Summit Drive. (Lot 98.
Skyline Groves Subdivision in Section 6-29-16); and Pass Ordinances #7530-05. #7531-
05 & #7532-05 on first readinQ. (ANX2005-06023).
This subject site is iocated on the west side of Summit Drive approximately 175
feet north of Raymont Drive. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service. The property is located within an
enclave and is contiguous to existing City boundaries on the north and west; therefore,
the proposed annexation is consistent with Pinellas County requirements with regard to
voluntary annexation. The subject site is approximately 0.17 acre in area and is
occupied by an existing single-family detached dwelling. It is proposed that the property
be assigned 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 propos~d ann~xation 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.
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This annexation has been reviewed by the Pinellas Planning Council (PPC)
County staff accordance with the provisions of Pinellas County Ordinance #00-63,
Section 7(1-3), and no objections have been raised. The CDS reviewed this proposed
annexation at its regularly scheduled meeting on September 20, 2005, and unanimously
recommended approval.
Council member Petersen moved to approve the Petition for Annexation, Future
Land Use Plan Amendment from the County Residential Low (RL) Category to the City
Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 1932 Summ!t Dl"!ve (Lot 98, Skyline Groves Subdivision in Section 6-29-16).
The motion was duly seconded and carried unanimously.
Ordinance #7530-05 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7530-05 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 #7531-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7531-05 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 #7532-05 was presented for first reading and read by title only.
Council member Jonson moved to pass Ordinance #7532-05 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 Petition for Annexation, Future Land Use Plan Amendment from the
County Residential Urban (RU) Cateoorv to the City Residential Urban (RU) Cateoorv
and Zonino Atlas Ame[ldf!J~f1t from the County R-3, Sino Ie-Family Residential District to
the City Low Medium Density Residential (LMDR) District for 3137 San Jose St. (Lot 50.
Del Oro Gardens Subdivision in Section 9-29-16); and Pass Ordinances #7521-05,
#7522-05 & #7523-05 on first readino. (ANX2005-06020).
.
This subject site is located on the south side of San Jose Street, approximately
113 feet west of Madera Avenue. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service. The property 1s located within an
enclave and is contiguous to existing City boundaries on the east, south and west;
therefore, the proposed annexation is consistent with Pine lias County requirements with
regard to voluntary annexation. The subject site is approximately O.22-acre in area and
is occupied by an existing single-family detached dwelling. It is proposed that the
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property be assigned 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 located within an enclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC)
County staff accordance with the provisions of Pinellas County Ordinance #00-63,
Section 7(1-3), and no objections have been raised. The COB reviewed this proposed
annexation at its regularly scheduled meeting on September 20, 2005 and unanimously
recommended approval.
Councilmember Petersen moved to approve the Petition for Annexation, Future
. Land Use Plan Amendment from the County Residential Urban (RU) Category to the
City Residential Urban (RU) Category and Zoning Atlas Amendment from the County R-
3, Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 3137 San Jose St (Lot 50, Del Oro Gardens Subdivision in Section 9-29-16).
The motion was duly seconded and carried unanimously.
.
Ordinance #7521-05 was presented for first reading and read by title only.
Council member Doran moved to pass Ordinance #7521-05 on first reading. The motion
was duly seconded and upon roll call, the vote was: .
"Ayes": Jonson; Hamilton, Petersen, Doran, arid Hibbard.
"Nays": None.
Ordinance #7522-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7522-05 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Naysll: ~Jone.
Ordinance #7523-05 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7523-05 on fiist ieading. 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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Council 2005-10-20
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10 - Second Readings - public hearing
10.1 - Adopt Ordinance #7388-05 on second readinq, makinq amendments to the
Comprehensive Plan of the City as adopted on May 18, 2000 and amended on July 12,
2001 and October 7,2004, by amendinq the future land use element by addinq the
Resort Facilities Overlay (RFO) future land use as a land use map classification;
replacinq references to the 1995 Clearwater Downtown Redevelopment Plan with the
2004 Clearwater Downtown Redevelopment Plan; and by deletinq policies reqardinq the
mixed-use zoninq distril;t.
Ordinance #7388-05 was presented for second reading and read by title only.
Council member Petersen moved to pass and adopt Ordinance #7388-05 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.2 - Adopt Ordinance #7486-05 on second readinq, annexinq certain real property
whose post office address is 2695 Second Avenue South, into the corporate limits of the
City, and redefininq the boundary lines of the City to include said addition.
Ordinance #7486-05 was presented for second reading and read by title only.
Council member Doran moved to pass and adopt Ordinance #7486-05 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 #7487-05 on second readinq, amendinq the future land use plan
. element of the Comprehensive Plan of the city, to desiqnate the land use for certain
property whose post office address is 2695 Second Avenue South. upon annexation into
the City of Clearwater, as Residential Suburban and Preservation.
Ordinance #7487-05 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7487-05 on second and
final reading. The mot!on was duly seconded and upon rollcall, the vote was:
.. . ~ .
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.4 - Adopt Ordinance #7488-05 on second readinq, amendinq the zoninq atlas of the
city by zoninq certain real property whose post office address js 2695 Second Avenue
South, upon annexation into the City of Clearwater, as Low Density Residential (LOR)
and Preservation (P).
.
Ordinance #7488-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7488-05 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.5 - Adopt Ordinance #7359-05 on second readinq, amendinq the future land use plan
element of the Comprehensive Plan of the city to chanqe the land use desiqnation for
certain real property whose post office address is 2506 Countryside Boulevard from
Recreational/Open Space to Residential Urban.
Ordinance #7359-05 was presented for second reading and read by title only.
Council member Petersen moved to pass and adopt Ordinance #7359-05 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.
10.6 - Adopt Ordinance #/::s60-05 on second readinq, amendinq the zoninq atlas of the
City by rezoninq certain property whose post office address is 2506 Countryside
Boulevard, from Open Space/Recreation (OS/R) to Medium Density Residential (MDR).
Ordinance #7360-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7360-05 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
.
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
City Manager Reports
11 - Consent Agenda - Approved as submitted.
11.1 - Ratify and confirm an indemnification aqreement between the City and D.H. Griffin
Wreckinq Co. Inc. cmd the City and Trianqle Development Company L.L.C. for
Clearwater Fire and Rescue to perform traininq exercises on vacant land owned bv the
company and qrant authority to the City Manaqer or desiqnee to enter into and approve
standard indemnification aqreements for future. use of private properties by the Fire and
Police Departments to conduct traininq exercises.
11.2 - Approve a work order to Cumbey & Fair, Inc. (EOR) for $159.477 to provide civil
enqineerinq and architectural services for the Fire Training facilities, EOC building, and
Fire Station #48 at 1700 Belcher Road and that the appropriate officials be authorized to
execute same.
11.3 -Approve settlement of the liability claims, including attorney fees, of Robert
Ralston and Marilyn Ralston for payment of $125,000.
.
11.4 - Approve the final plat for "Sunset Point Subdivision" located at 2945 Sunset Point
Road, approximately 2,000 feet west of McMullen-Booth Road.
Council 2005-10-20
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11.5 - Ratify and confirm supplemental professional enqineerinq desiqn services by
McKim & Creed for site re-desiqn and permittinq of the Union Street Booster Pumpinq
Station componentof the Drew/Union RCW. Contract 2 - Booster Pumpinq Stations
proiect. and approve payment to McKim & Creed for this work in the amount of $43,900,
and that the appropriate officials be authorized to execute same.
11.6 - Approve the work order to Wade-Trim of Tampa, an Enqineer of Record, for the
desiqn and permittinq of the Bavfront Promenade in the amount of $143.914.98 and
authorize the appropriate officials to execute same.
11.7 - Approve addinq supportinq leqislation that would require hands free cell phones
while operatinq a motor vehicle. to the 2006 State Leqislative packaqe.
Purchasing
11.8 - Duval Ford - 15 each 2006 Police Pursuit vehicles at a cost of $360.845.
11.9 - Pinellas County Solid Waste Manaqement Department - Disposal of refuse durinq
the period October 21. 2005 throuqh October 31,2006, at a cost not to exceed
$5.000,000.
.
Councilmember Jonson moved to approve the Consent Agenda as submitted
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
12 - Other items on City Manager Reports
12.1 - Approve amendment to Chapter 22. Section 22.33 of the Code of Ordinances
authorizinq a defined area for skim boards and surf boards on Clearwater Public Beach
and pass on first readinq Ordinance #7542-05.
The City has been unable to enforce the ordinance, which forbids boards in the
swim zone due to the sheer volume of people who turn out to ride the waves caused by
_the most recent storms. Staff hopes that by creating an approved area for them to use,
the City can better protect the public by giving the surfers and skim boarders a
designated area similar to .....hat was done by the County at Sand Key Park.
The proposed area will be between pilings 7 and 8 north of the Pier. The pilings
are about 153 yards apart and are roughly from between Kendall Street and Avalon
Street and between Heilwood Street and Glendale Street. The area will extend
approximately 330 yards west into the Gulf from the mean high water line.
Councilmember Hamilton moved to approve amendment to Chapter 22, Section
22.33 of the Code of Ordinances authorizing a defined area for skim boards and surf
boards on Clearwater Public Beach. The motion was duly seconded and carried
unanimously.
.
Ordinance #7542-05 was presented for first reading and read by title only.
Council member Jonson moved to pass Ordinance #7542-05 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Council 2005-10-20
12
.
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
. .
"Nays": None.
12.2 - Approve"acceptance of a FY 2005-2007 Edward Bvrne Memorial Justice
Assistance Grant (JAG) qrant in the amount of $101.553 from the U.S. Department of
Justice/Bureau of Justice Assistance (USDOJ/BJA) and approve an aqreement with the
YWCA of Tampa Bav for provision of contractual services durinq the period October 1,
2005 - September 30.2007. in accordance with Sec. 2.564(1)(b). Code of Ordinances-
Sole Source.
Councilmember Petersen recused herself.
On July 21, 2005, the City Council approved the submission of the Police
Department's grant application for federal grant funding in the amount of $101,553 for
continuation of its award-winning program, Operacion Apoyo Hispano (Operation
Hispanic Outreach). On September 13, 2005, the Police Department received official
notification from USDOJ/BJA that the JAG grant had been awarded.
.
The Police Department is now seeking City Council approval to accept the grant
and to enter into a contractual agreement with the YWCA of Tampa Bay to administer
Operacion Apoyo Hispano, which consists of advocacy, interpretation, translation of
documents, and crime prevention/education activities. These contractual expenses will
be spread out over a two-year period of October 1, 2005 - September 30, 2007. A
contractual agreement between the City of Clearwater and the YWCA of Tampa Bay has
been prepared, Special Project No. 181-99283 has been established to account for the
grant expenditures. There is no match required for this grant.
Council member Doran moved to approve acceptance of a FY 2005-2007 Edward - " "
Byrne Memorial Justice Assistance Grant (JAG) grant in the amount of $101,553 from
the U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) and approve
an agreement with the YWCA of Tampa Bay for provision of contractual services during
the period October 1,2005 - September 30,2007, in accordance with Sec. 2.564(1)(b),
Code of Ordinances - Sole Source. The motion was duly seconded and upon the vote
being taken, Councilmembers Jonson, Hamilton, and Doran, and Mayor Hibbard voted
"Aye"; Member Petersen abstained. Motion carried.
12.3 - Approve a work order with Cumbev & Fair. Inc. (EOR) for $101.269 to provide civil
enqineerinq and architectural services for Fire Station #45 and Administration and
authorize the appropriate officials to execute same.
Fire Station 45 was built in 1974. It is a two-story structure that also serves as
the fire administration office. This facility has become maintenance intensive and no
longer meets the department's needs. The remaining useful life is . projected at two to
five years.
.
Funding for this project is $3,000,000 from Penny for Pine lias distribution in
2005/06. This Work Order with Cumbey & Fair, Inc., provides for land survey, geo-
technical, pre-design architectural programming, environmental assessment, civil
Council 2005-10-20
13
.
engineering, site planning services, and all regulatory permitting for a new Fire Station,
including fire administration offices at 610 Franklin Street.
Teng & Associates, lnc., an architectural firm with extensive fire station facility
experience, is the sub-consultant providing the initial architectural programming to
determine the appropriate scope of the facility to meet the needs of the City. Services
include architectural, M.E.P., structural, fire protection, security and technology
programming for the new Fire Station #45.
Assistant City ivianager Garry Brumback said discussions continue between the
regarding storage solutions for police vehicles and options are being pursued.
Councilmember Jonson moved to approve a work order with Cumbey & Fair, Inc.
(EOR) for $101,269 to provide civil engineering and architectural services for Fire
Station #45 and Administration and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
13 - City Attorney Reports
13.1 - Approve a Settlement Aqreement reqardinq National Advertisinq Co. v. City of
Clearwater, Circuit Court Case #00-003844-CI-11, consolidated with Lamar Whiteco
Outdoor Corp. v. City of Clearwater, Consolidated Circuit Court Case #00-001939-CI-20.
.
The City Attorney requested this item be withdrawn and indicated a new item will
be brought forward with substantial changes..
Councilmember Petersen moved to withdraw Item 13.1. The motion was duly
seconded and carried unanimously.
14 - City Manager Verbal Reports
A Special Work Session for Visioning wrap-up was scheduled for December 8,
2005 at 1 :30 p.m. at the Main Library (if available).
15 - Council Discussion Items
15.1 - City Attorney Evaluation
The Mayor and Council evaluated the City Attorney on her performance over the
year, providing overal! favorable comments.
15.2 - City Manaqer Evaluation
The Mayor and Council evaluated the City Manager on his performance over the
year, providing overaii favorable comments.
Other
.
Scott George, of Boy Scout Troop 413, said his troop was in attendance at the
Council meeting to earn their merit badges. .
Council 2005-10-20
14
---
.
16 - Other Council Action
Councilmembers reported on events in which they recently participated and
reviewed upcoming events; expressed satisfaction with Visioning process inviting
residents to attend future meetings; and thanked those who participated in the Visioning
process and Jazz Festival.
. . ..
Council member Hibbard requested future discussion of the causeway; disagreed
the City is deviating from the Downtown Plan.
Councilmember Jonson felt some new development was out of character with the
Downtown Plan; found documents generated on the City's web for EAR (Ealuation &
Appraisal Report) of the comprehensive plan fascinating; urged development of
hurricane plans.
Councilmember Petersen reviewed GotGov activities.
Mavor Hibbard congratulated the Salvation Army on their complex, new
businesses and Morton Plant Mease for being named Employer of the Year.
17 - Adjourn
.
The meeting adjourned at 7:58 p.m.
.-I~/h~
~yor
City of Clearwater
Attest:
, ~;.~
~CCity CI~~ .
.
Council 2005-10-20
15
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
ST NAME-FIRST NAME-MIDDLE NAME
Petersen Carlen
MAILING ADDRESS
2582 Ander
CITY
Clearwater FL 33761
DATE ON WHICH VOTE OCCURRED
Oc
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
COUNTY
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
)0 CITY a COUNTY a OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
ELECTIVE
a APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity. .
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of J,:!roperty, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure oil which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
*
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Carlen Petersen
, hereby disclose that on
October 20
20 05 .
'-'
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: -s: 0..,"",- c-
~'-..v- 0\ ~ ~ o"'^~ o~ ~~ clt ~ \(WC-lA Clio 'C'o.............(\(;.. g~. ~ To
~ <> ...). ~ ~ ('Jo..J'-o..r...o.. '" ~ c:. ~ tJ", -....t.. '1:r: .tv ~. ~ ~ ~ ~
Item 12.2 "';.)'..-0 cr...- ~ ~~ ~c:r->- ~ '--<.>...............~ ~~.,....S. ~ --lvJt...A-
01. l ~\'c \?Q
Approve acceptance of a FY 2005-2007 Edward Byrne Memorial Justice Assistance Grant (JAG)
grant in the amount of $101,553 from the U.S. Department of Justice/Bureau of Justice
Assistance (USDOJ/BJA) and approve an agreement with the YWCA of Tampa Bay for provision
of contractual services during the period October 1, 2005 - September 30, 2007, in
accordance with Sec. 2.564(1)(b), Code of Ordinances - Sole Source. (consent)
, by
, which
l\- \- 0:5'
~. G ((~~
Signature
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2