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11/03/2005 . CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER November 3, 2005 ... Present: Frank V. Hibbard William C. Jonson Hoyt P. Hamilton John Doran Mayor Vice-Mayor Council member - departed 7:03 p.m. Councilmember Absent: Carlen A. Petersen 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 Pastor Steve Kreloff from Lakeside Community Chapel. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. . 4 Introductions and Awards: None. 5 Presentations: 5.1 Neighborhood of the Quarter Presentation The Island Estates Civic Association received the Neighborhood of the Quarter award. Homes of the Quarter Alexander F. Kozlowski & Susan Schiber at 907 Hart St, Margaret & Dietrich Kindle of 1367 Howard St, Wendy & Larry Bruce of 1591 Budleigh St, and Sallee & William Wallace of 1930 Magnolia Drive received the Home of the Quarter award. 5.2 Proclamation - Community and Regional Planning Day - Nov 8, 2005 The Mayor proclaimed November 8, 2005 Community and Regional Planning Day. . Council 2005-11-03 1 . 6 Approval of Minutes 6.1 October 20,2005 Councilmember Jonson moved to approve the minutes of the regular meeting of October 20, 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 John Wiser complained regarding the Visioning Session held in Countryside. Reed Goodwin said tent stores take sales away from permanent businesses and recommended the City require tent stores be no closer than one mile from permanent businesses. Larry Gurwiq and the Jazz Festival Team said the 26th Jazz Festival was a complete success; thanked City for its help; plans are to broaden education piece; presented poster signed by all artists and a calendar to the Council. Frank Dame said the Island Estates Civic Association is honored to receive the Neighborhood of the Quarter award; encouraged citizens to get involved and communicate with City officials. . Public Hearings 8 Administrative public hearings 8.1 In compliance with Section 2.01(d)(5) of the City Charter. declare as surplus a 1.200 square-foot parcel of land. more or less. Iyinq and beinq situate in the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 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. and authorize appropriate officials to execute same. Venie E. Brinson owns residential property addressed at 2998 Lake Vista Drive that is surrounded on three sides by the former Friendly Village of Kapok mobile home park ("Kapok") purchased by the City in 2002. The City is completing redevelopment of the entire 37 -acre Kapok parcel as a wetland restoration project and recreational habitat. The subject easement will encumber a 20' X 60' portion of the City property contiguous to Ms. Brinson's property to facilitate and continue historical access to her property as it existed prior to the redevelopment project. . Councilmember Doran moved to declare as surplus a 1,200 square-foot parcel of land, more or less, lying and being situate in the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 8-29-16 for the purpose of granting non-exclusive Ingress and Egress Easement thereupon to Venie W. Brinson, a single woman, to appurtenant property located at 2998 Lake Vista Drive, in compliance with Section 2.01 (d)(5) of the Council 2005-11-03 2 . City Charter, and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9 Quasi-judicial public hearings - None. 10 Second Readings - public hearing 10.1 Continue adoption of Ordinance #7459-05 on second readinq, amendinq the future land use plan element of the Comprehensive Plan of the city, to chanqe the land use desionation for certain real property whose post office address is 137 Fernwood Avenue from Institutional to Residential Medium to December 1, 2005. AND 10.2 Continue adoption of Ordinance #7460-05 on second readinq, amendinq the zoninq atlas of the city by rezoninq certain property whose post office address is 137 Fernwood Avenue, from Institutional (I) to Medium Density Residential (MDR) to December 1, 2005. Councilmember Hamilton moved continue Ordinances #7459-05 and #7460-05 to December 1, 2005. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. . "Nays": None. Absent: Petersen. 10.3 Adopt Ordinance #7519-05 on second readinq, amendino 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 1532 South Hiohland Avenue and a portion of 1536 South Hiqhland Avenue from Residential Low to Residential/Office General. Ordinance #7519-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7519-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.4 Adopt Ordinance #7520-05 on second readinq, amendinq the zoninq atlas of the city by rezoninq certain property whose post office address is 1532 South Hiohland Avenue from Low Medium Density Residential (LMDR) to Office (0). . Ordinance #7520-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7520-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2005-11-03 3 . "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.5 Adopt Ordinance #7521-05 on second readinq, annexinq certain real property whose post office address is 3137 San Jose Street. into the corporate boundaries of the city, and redefininq the boundary lines of the city to include said addition. Ordinance #7521-05 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance #7521-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. . 10.6 Adopt Ordinance #7522-05 on second readinq, amendinq the future land use plan element of the Comprehensive Plan of the city to desiqnate the land use for certain real property whose post office address is 3137 San Jose Street upon annexation into the City of Clearwater, as Residential Urban. Ordinance #7522-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7522-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.7 Adopt Ordinance #7523-05 on second readinq, amendinq the zoninq atlas of the city bv zoninq certain real property whose post office address is 3137 San Jose Street. upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance #7523-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7523-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. . Absent: Petersen. Council 2005-11-03 4 . 10.8 Adopt Ordinance #7527-05 on second readina annexina certain real property whose post office address is 1715 Keene Road. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance #7527-05 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance #7527-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.9 Adopt Ordinance #7528-05 on second readina amendina the future land use plan element of the Comprehensive Plan of the city to desianate the land use for certain real property whose post office address is 1715 Keene Road upon annexation into the City of Clearwater as Industrial Limited. Ordinance #7528-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7528-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. . "Nays": None. Absent: Petersen. 10.10 Adopt Ordinance #7529-05 on second readina amendina the zonina atlas of the city by zonina certain real property whose post office address is 1715 Keene Road. upon annexation into the City of Clearwater, as Industrial. Research and Technoloay (IRT). Ordinance #7529-05 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance #7529-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.11 Adopt Ordinance #7530-05 on second readina, annexina certain real property whose post office address is 1932 Summit Drive into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. . Ordinance #7530-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7530-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2005-11-03 5 . "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.12 Adopt Ordinance #7531-05 on second readino, amendino the future land use plan element of the Comprehensive Plan of the city to desionate the land use for certain real property whose post office address is 1932 Summit Drive. upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance #7531-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7531-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. . 10.13 Adopt Ordinance #7532-05 on second readino, amendinQ the zonino atlas of the city by zonino certain real property whose post office address is 1932 Summit Drive. upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance #7532-05 was presented for second reading and read by title only. Council member Hamilton moved to pass and adopt Ordinance #7532-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.14 Adopt Ordinance #7534-05 on second readino, annexino certain real property whose post office address is 2275 McMullen Booth Road into the corporate boundaries of the city and redefinino the boundary lines of the city to include said addition. Ordinance #7534-05 was presented for second reading and read by title only. Council member Jonson moved to pass and adopt Ordinance #7534-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. . Absent: Petersen. Council 2005-11-03 6 . 10.15 Adopt Ordinance #7535-05 on second readinq, amendinq the future land use plan element of the Comprehensive Plan of the city to desiqnate the land use for certain real property whose post office address is 2275 McMullen Booth Road, upon annexation into the City of Clearwater, as Residential Suburban (RS). Ordinance #7535-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7535-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.16 Adopt Ordinance #7536-05 on second readinq, amendinq the zoninq atlas of the city bv zoninq certain real property whose post office address is 2275 McMullen Booth Road, upon annexation into the City of Clearwater, as Low Densitv Residential (LDR). Ordinance #7536-05 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance #7536-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. . "Nays": None. Absent: Petersen. 10.17 Adopt Ordinance #7539-05 on second readinq, vacatinq the five-foot sidewalk easement Ivinq alonq the east property lines of Lots 126 and 127, L10vd White Skinner subdivision. Ordinance #7539-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7539-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.18 Adopt Ordinance #7540-05 on second readinq, vacatinq the 60-foot drainaqe and utilitv easement retained over the vacated riqht-of-wav of Pine Street located alonq the south platted property lines of Lots 6 throuqh 10, inclusive, Block 21, Maqnolia Park. . Ordinance #7540-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7540-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2005-11-03 7 . "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 10.19 Adopt Ordinance #7542-05 on second readinq. amendinq Chapter 22. Section 22.33. Code of Ordinances. to authorize a defined area for skim boards and surf boards on Clearwater public beach. Ordinance #7542-05 was presented for second reading and read by title only. Council member Hamilton moved to pass and adopt Ordinance #7542-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. City Manager Reports 11. Consent Agenda - Approved as submitted. . 11.1 Declare the list of exercise equipment surplus to the needs of the City and authorize disposal throuqh donation to a Clearwater school. other Fire Department or non-profit orqanization located in Pinellas County. 11.2 Approve a Second Amendment to Aqreement. Amended & Re-stated Gas Supply and Transportation Aqreement. and the Florida Public Service Commission (FPSC) Joint Petition with TECO Peoples Gas System. providinq for the transfer of 18 square miles of territorv in Central Pasco to Clearwater Gas System (CGS). clarification of applicable rate structure. and CGS service riqhts alonq both sides of all boundary roads within the Pasco County territory. and authorize the appropriate officials to execute same. 11.3 Accept qrant fundinq and approve the correspondinq aqreement from the Juvenile Welfare Board totalinq $219.839 for fundinq of three teen proqrams and two middle-school aqed summer camp proqrams and authorize the appropriate officials to execute same. 11.4 Approve First Amendment to the Facility Use Aqreement between the City and PACT, Inc.. a not-for-profit corporation. to provide for the manaqement and operation of the Clearwater Chorus by the Marcia P. Hoffman Institute for a term expirinq in 2031 as in the oriqinal aqreement. authorize the appropriate officials to execute same and approve the first year fundinq of $20.000. . 11.5 Re-appoint William Schwob to the Board of Trustees. Clearwater Police Supplementary Pension Fund. for a two-year term expirinq on November 1. 2007. Council 2005-11-03 8 . 11.6 Approve a Non-Dwellinq Lease Aqreement with Court Development Associates LLC by JSA Associates LP its Manaqinq Member by DiCicco Partners LLC its General Partner hereinafter known as Lessor. for the buildinq located at 651 Court Street for the period November 4 throuqh December 23. 2005 and authorize the appropriate officials to execute same. 11.7 Accept a Drainaqe & Utility Easement containinq 2.065.67 square feet. more or less. over and across a portion of Lot 1. Block A. BAYSIDE SUB NO.5 conveyed by Dalton Clearwater. LLC in consideration of receipt of $1 and the benefits to be derived therefrom. 11.8 Approve a work order to McKim & Creed. P.A., in the amount of $347.435 for professional enqineerinq services related to the Water Treatment Plants 1 and 3 Wellfield Expansion Proiect (04-0049-UT), and that the appropriate officials be authorized to execute same. 11.9 Authorize an additional amount UP to $50.000 for the services of bond counsel Bryant. Miller & Olive in the consolidated case of THE CITY OF CLEARWATER. a Municipal corporation of the State of Florida, vs. THE STATE OF FLORIDA. and the Taxpayers. Property Owners, and Citizens of the City of Clearwater, includinq non- residents owninq Property or subiect to taxation therein, ANNE GARRIS AND SUZANNE BOSCHEN AND BEACHWALK RESORT. L.L.C. AND CRYSTAL BEACH CAPITAL. L.L.C. for a total of $95.000. . 11.10 Approve the purchase from Florida Department of Transportation for 5.485 square feet of real property upon which is constructed the City of Clearwater's main radio tower for $32.910: Award a contract to MIA-COM Private Radio Systems, Inc. of Lynchburq, VA for the upqrade of the Clearwater Radio System to simulcast at a total cost of $729.348: authorize the use of $300.000 in unexpended user equipment credits provided by MIA-COM from the initial maintenance aqreement: authorize the payment of the balance of $462.258 from Fleet unrestricted retained earninqs. and that the appropriate officials be authorized to execute same. Purchasing 11.11 Fleet Products Inc. - Replacement vehicle parts durinq the period November 4. 2005 throuqh Auqust 11. 2007, at a cost not to exceed $360.000. 11.12 Alan Jay Chevrolet Oldsmobile - 6 each Toyota Prius sedans at a cost of $124.199. 11.13 Heil Environmental Industries - 3 each Heil Durapack front loader truck bodies at a cost of $202.266. 11.14 Alltel - Wireless communications service durinq the period October 1. 2005 throuqh September 30.2006. at a cost not to exceed $200.000. . Council 2005-11-03 9 . 11.15 Great Southern Peterbilt Inc. - 3 Peterbilt cab and chassis at a cost of $292.798.71. Councilmember Hamilton moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 12 Other items on City Manager Reports 12.1 Approve a Hiqhwav Landscape Maintenance Memorandum of Aqreement with the Florida Department of Transportation for the continued beautification efforts of State Road 595 riqht-of-wav alonq North Fort Harrison Avenue. located between Stevenson's Creek Bridqe and 80' south of the bridqe. and Adopt Resolution #05-43 authorizinq execution of said Hiqhwav Landscape Maintenance Memorandum of Aqreement. The City of Clearwater and the Florida Department of Transportation entered into a Highway Landscape Maintenance Memorandum of Agreement on September 11, 1995 for beautification efforts within the State Road 595 right-of-way along North Ft. Harrison Avenue, located between Stevenson's Creek Bridge and 80' south of the bridge. This agreement was for the term of 10 years and expired on September 11 , 2005. The City of Clearwater desires to continue to maintain the beautification of this right-of-way, specifically: . · Removal of litter · Watering and fertilization of plants · Mulching of plant beds · Keeping plants as free as practicable from disease and harmful insects · Weeding the premises routinely · Mowing and/or cutting grass within the landscaped areas · Pruning plants, specifically removing dead or diseased parts of plants, and pruning parts of plants which present a visible hazard to those using the roadway. · Replacement/removal of dead or diseased plants that have fallen below project standards. · Routine maintenance, as prescribed by the manufacturer, of any irrigation system. The Parks and Recreation Department has the necessary resources in place to continue to perform these tasks at the current level of service. The Department of Transportation requires the Memorandum of Agreement to allow landscaping within their right-of-way. The Agreement provides that the FDOT District Secretary retain the discretion to resolve all disputes arising under the Agreement and that the City indemnify FDOT to the extent provided by law. . Councilmember Jonson moved to approve a Highway Landscape Maintenance Memorandum of Agreement with the Florida Department of Transportation for the continued beautification efforts of State Road 595 right-of-way along North Fort Harrison Avenue, located between Stevenson's Creek Bridge and 80' south of the bridge. The Council 2005-11-03 10 . motion was duly seconded and carried unanimously. Resolution #05-43 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution #05-43 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 13 City Attorney Reports 13.1 Adopt Resolution #05-48, confirminq a declaration of a State of Emerqency; establishinq emerqency procurement procedures. and establishinq emerqency employee work schedules beqinninq October 21, 2005 at 12:00 noon and endinq on October 24, 2005 at 1 :00 p.m. due to conditions surroundinq Hurricane Wilma. Councilmember Hamilton moved to approve confirming a declaration of a State of Emergency; establishing emergency procurement procedures, and establishing emergency employee work schedules beginning October 21, 2005 at 12:00 noon and ending on October 24, 2005 at 1 :00 p.m. due to conditions surrounding Hurricane Wilma. The motion was duly seconded and carried unanimously. . Resolution #05-48 was presented and read by title only. Councilmember Jonson moved to pass and adopt Resolution #05-48 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Doran, and Hibbard. "Nays": None. Absent: Petersen. 13.2 Boschen v. City of Clearwater, et al. This matter was mediated, per court order, on October 28,2005. All parties participated in the mediation except the State of Florida. A proposed settlement agreement was reached, subject to approval by the City Council, that includes the following terms: 1. The Beach Concession Facility as described in Paragraph 5.04.7 of the Second Amended and Restated Development Agreement shall be no more than 1,200 square feet, no more than one story, and not display the hotel name. . 2. In the event that the Beach Concession (i.e. beach chairs, cabanas and umbrellas) revert to operation by Hyatt as provided in Paragraph 5.04.7, it will be limited to a term of 5 years. Council 2005-11-03 11 . 3. The City Attorney's Office shall present a proposal to the Council to acquire and dedicate a 10-foot pedestrian easement for public access from Coronado to South Gulfview immediately south of the project. 4. The Plaintiffs and their attorneys agree not to participate in or assist others to participate in the bond validation or any appeal. Councilmember Doran moved to approve the settlement agreement in the case of Anne Garris and Suzanne Boschen v. City of Clearwater, et al. The motion was duly seconded and carried unanimously. 14 City Manager Verbal Reports City Clerk Cyndie Goudeau reported the Visioning Session wrap-up at the Main Library on December 8, 2005 will begin at 2:00 p.m. and the Council Meeting on November 16,2005 will remain at 6:00 p.m. 15 Council Discussion Items - None. 16 Other Council Action 16.1 City Manaqer Salary Adiustments AND . 16.2 City Attorney Salary Adiustments The City Manager and City Attorney left the dais. Discussion ensued regarding salary adjustments for the City Manager and City Attorney and it was indicated both salaries have been below the average for a number of years. It was felt the market should be the driver, and the budget and FTE (full time equivalent) count are important comparisons when looking at responsibilities. It was felt both are above average employees and provide consistency and stability to the management team. Suggestions for salary increases ranged from 4.5% to 8%. Councilmember Hamilton moved to approve a 7% salary increase for both the City Manager and the City Attorney. The motion was duly seconded and carried unanimously. The City Manager and City Attorney returned to the dais. Councilmembers reported on events in which they recently participated and reviewed upcoming events and invited residents to upcoming Visioning Session. Councilmember Hamilton recognized friends from school regarding the Clothes for Kids Program and wished good luck to Clearwater High School Volleyball Team. . Council member Doran noted proposed Code amendments will be coming forward. Council 2005-11-03 12 . 17. Adjourn The meeting adjourned at 7:09 p.m. :::f~ K I~ (Maior City of Clearwater - C. ~~.DQ.e#. . . Council 2005-11-03 13