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12/01/2005 . . . CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 1, 2005 Present: William C. Jonson Hoyt P. Hamilton Carlen A. Petersen John Doran Vice-Mayor Council member Council member Council member Absent: Frank V. Hibbard Mayor 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 Vice-Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Rev. Glad McCurtain from St. John's Episcopal Church. Council member Hamilton 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. City Clerk Cyndie Goudeau was complimented for winning the Florida League of Cities' City Clerk of the Year Award. 5 Presentations: 5.1 Main Street Award Presentation Director of Economic Development and Mainstreet Program Coordinator Geri Campos and Economic Development Coordinator Anne Fogarty presented the three awards won by the Main Street Program for: 1 )Outstanding public/private partnership; 2) Outstanding sign display project for Downtown wayfinding signs; and 3) Outstanding image campaign or promotion material for the Shopping and Dining Guide. 5.2 Proclamation - Miniature Art Month - January 2006 was presented. 5.3 We Care Fund - Jim Geary Customer Service Director Jim Geary said the We Care Fund has helped many families over the years. It allows residents to make a donation to others needing help paying their utility bills. Council 2005-12-01 1 . . .. 6 Approval of Minutes 6.1 November 16. 2005 Councilmember Hamilton moved to approve the minutes of the regular meeting of November 16, 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 Reed Goodwin thanked and complimented the Council, COB, and staff for their accessibility and assistance during consideration of the seasonal sales issues. Shawn Yanq, President of Mong Community in Clearwater, reviewed his organization's efforts and reported on Mong residents in the U.S. Public Hearings 8 Administrative public hearings 8.1 Approve the applicant's request to vacate the drainaoe and utility easement that was retained over the vacated portion of North East Cleveland Street Iyinq between Martin Luther Kino, Jr. Avenue and North East Cleveland Street. (a.k.a. 1100 Cleveland Street), and approve Ordinance #7544-05 on first readinq. (VAC2005-17 Clearwater Centre. LLC). The applicant is seeking vacation of the easement in order to convert the existing office building into a condominium with new retail and parking structures to be build over a large portion of the site including the subject easement. Bright House Networks and Knology have no objections to the vacation request. Verizon and Progress Energy have no objections provided that the applicant pays all costs related to any relocation of their facilities. The City of Clearwater has a sanitary sewer line and an 8-inch water line in the subject easement. The applicant will relocate these facilities at the developers cost to the satisfaction of the City Engineer. A flexible development application was approved by the Community Development Board on October 18, 2005. Public Works Administration has no objections to ~he vacation request. Councilmember Petersen moved to approve the applicant's request to vacate the drainage and utility easement that was retained over the vacated portion of North East Cleveland Street lying between Martin Luther King, Jr. Avenue and North East Cleveland Street, (a.k.a. 1100 Cleveland Street). (VAC2005-17 Clearwater Centre, LLC). The motion was duly seconded and carried unanimously. Council 2005-12-01 2 . . . Ordinance #7544-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7544-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, and Doran. "Nays": None. Absent: Hibbard. 8.2 Approve the applicant's reauest to vacate the 15-foot sanitary sewer easement Ivina within the west 15 feet of the platted Lots 11 throuah 14. Block C of Replat of Coachman Heiahts. (a.k.a. 940 Court Street), and extendina northward throuah the south vacated 1/2 of Haven Street, and pass Ordinance #7571-05 on first readinq, (VAC2005-19 Senior Citizens Services, Inc. ). The applicant is selling the subject property, which is proposed to be redeveloped into a hotel, and will be built into the area in which the easement presently is located. The sewer easement was created by a predecessor in title to the property who retained an easement to provide access from the property to the north to a sanitary sewer main in Court Street. The City of Clearwater assumed the rights to the sanitary sewer easement when it purchased the property to the north, which is now developed as Prospect Lake. No City sewer is located in the easement and the City does not contemplate any future need for the subject easement. No other utilities have a right to use the easement; accordingly letters of no objection from other utility companies are not required. Public Works Administration has no objections to the vacation requested. Councilmember Hamilton moved to approve the applicant's request to vacate the 15-foot sanitary sewer easement lying within the west 15 feet of the platted Lots 11 through 14, Block C of Replat of Coachman Heights, (a.k.a. 940 Court Street), and extending northward through the south vacated 1/2 of Haven Street. (VAC2005-19 Senior Citizens Services, Inc.). The motion was duly seconded and carried unanimously. . Ordinance #7571-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7571-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, and Doran. "Nays": None. Absent: Hibbard. Council 2005-12-01 3 . . . 8.3 Approve the applicant's request to vacate the alley Iyinq on the north side of Lots 1 throuqh 6. inclusive and south of Lots 7 and 8. toqether with the 5-foot alley Iyinq on the east side of Lot 11 of Earl and Tates. (a.k.a. 400 Cleveland Street). subiect to the retention of a utility easement over the 5-foot alley. and approve Ordinance #7541-05 on first readinq, (VAC2005- 16.400 Cleveland. LLC). The applicant is seeking this vacation in order to prepare the subject property for redevelopment into a mixed use development to be known as "Acqua at the Downtown Plaza". The redevelopment project will be a mix of condominiums, retail, restaurant, movie theatre and an existing bank. Bright House Networks has no objection to the proposed vacation request. Knology, Progress Energy and Verizon have no objections provided that the developer pays all costs related to the relocation of their facilities. The property owner has agreed to pay all reasonable costs associated with relocation of existing utilities. The City of has water and sewer facilities, which will be relocated as needed at the developer's cost. Public Works Administration has no objections to the vacation requested provided an easement is retained over the 5-foot alley. Council member Doran moved to approve the applicant's request to vacate the alley lying on the north side of Lots 1 through 6, inclusive and south of Lots 7 and 8, together with the five- foot alley lying on the east side of Lot 11 of Earl and Tates, (a.k.a. 400 Cleveland Street), subject to the retention of a utility easement over the five-foot alley. (V AC2005-16, 400 Cleveland, LLC). The motion was duly seconded and carried unanimously. Ordinance #7541-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7541-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, and Doran. "Nays": None. Absent: Hibbard. 8.4 Pass Ordinance #7564-05 on first readinq, amendinq Ordinance #7515-05. which established the Clearwater Cay Community Development District pursuant to Chapter 190. Florida Statutes. to correct Exhibit A., leqal description. Brian Fender of Gray Robinson, P.A., said this ordinance is to clarify the legal description to make clear the gate house is not part of the development district. One person spoke in opposition to the ordinance. One person requested clarification of the "less and accept" clause in the metes and Council 2005-12-01 4 . . . bounds description of the ordinance and submitted petitions in opposition. City Attorney Pam Akin said the legal description is being clarified as indicated by Mr. Fender. She said the five-foot strip named in the ordinance was addressed at the last meeting. The only issue tonight is to amend the legal description. She said no additional areas are being included in the district. Councilmember Petersen moved to amend Ordinance #7515-05, which established the Clearwater Cay Community Development District pursuant to Chapter 190, Florida Statutes, to correct Exhibit A., legal description. The motion was duly seconded and carried unanimously. Ordinance #7564-05 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7564-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, and Doran. "Nays": None. Absent: Hibbard. 9 Quasi-judicial public hearings - None. 10 Second Readings - public hearing The Vice-Mayor reported the Tampa Tribune had failed to advertise Items 10.5 through 10.5, therefore they will be continued to the next Council meeting. 10.1 Continue adoption of Ordinance #7543-05 on second readinq, amendinq Sections 6.21 and 6.31(4), Code of Ordinances, relatinq to alcoholic beveraqes and open alcohol containers, to December 15, 2005. AND 10.2 Continue adoption of Ordinance #7388-05 on third readinq, amendinq the comprehensive plan of the city 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 district. to December 15, 2005. AND 10.3 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 desiqnation for certain real property whose post office address is 137 Fernwood Avenue, from Institutional to Residential Medium, to December 15, 2005. AND 10.4 Continue adoption of Ordinance #7460-05 on second readinq, amendinq the Zoninq Council 2005-12-01 5 . . . Atlas of the city by rezoninq certain real property whose post office address is 137 Fernwood Avenue. from Institutional (I) to Medium Density Residential (MDR). to December 15. 2005. AND 10.5 Continue adoption of Ordinance #7449-05 on second readinq, amendinq the Community Development Code by amendinq Article 2, Zoninq Districts: and amendinq Article 3. Development Standards. to December 15, 2005. Councilmember Hamilton moved to continue Items 10.1 through 10.5 to December 15, 2005. The motion was duly seconded and carried unanimously. City Manager Reports 11 Consent Agenda - Approved as submitted. 11.1 Award a contract to Pierce Manufacturinq Inc. of Appleton. WI. in the amount of $884,380 for the purchase of one (1) new Pierce 100' Aerial Tiller Apparatus in accordance with Sec. 2.564 - (1)(b)and e). Pierce will also provide two (2) new 100' Aerial Platform Apparatus to be exchanqed for two (2) existinq Pierce Skyarm Platform Apparatus at no additional cost. 11.2 Accept and approve a Land Water Conservation Fund Proqram (LWCF) Proiect Aqreement for the Myron A. Smith Bawiew Park proiect. in the amount of $200,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. 11.3 Approve an aqreement between THE FLORIDA COMMISSION ON COMMUNITY SERVICE. aka VOLUNTEER FLORIDA and the CITY OF CLEARWATER renewinq the AmeriCorps Clearwater proqram for the period January 1, 2006 throuqh December 31, 2006. includinq cash match fundinq in the amount of $56.560 and authorize the appropriate officials to execute same. 11.4 Approve the Second Amendment to the Aqreement between the Southwest Florida Water Manaqement District and the City of Clearwater for the Kapok Wetland and Floodplain Restoration Proiect for a time extension and authorize the appropriate officials to execute same. 11.5 Appoint Norma R. Carlouqh and James Hess to the Airpark Advisory Board with the terms expirinq on December 31,2009. 11.6 Confirm the Mayor's appointment of Luchenda Nt Flemminq to the Public Housinq Resident cateqory of the Clearwater Housinq Authority with the term expirinq on September 30, 2009. 11.7 Authorize the City Attorney to hire Jeffrey Hinds to represent the City in the matter of PIERCE 100, INC.. a Florida Condominium Association. on behalf of its Unit Owners v. City of Clearwater. et al. in the total estimated amount of UP to $100.000. Council member 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. Council 2005-12-01 6 . . . 12 Other items on City Manager Reports 12.1 Adopt Resolution #05-50 authorizino the City to enter into two permit aqreements with CSX Transportation, Inc.. Pipeline Crossino Aoreement #CSX-049519 and Wireline Crossino Aqreement #CSX-049529, for the installation of one (1) 2" water main, one (1) 8" water main, one (1) 12" water main, one (1) 4" cable conduit and one (1) 12" fiber optic cable conduit in the CSX riqht-of-wav as part of the Cleveland Street Streetscape proiect and authorize the appropriate officials to execute same. A work order for consultant services' was approved in October of 2003 for design, preparation of construction plans and permitting for the Cleveland Street Streetscape project. As part of this project the City desires to construct one (1) 2" water main, one (1) 8" water main and one (1) 12" water main, one (1) 4" cable conduit a'nd one (1) 12" fiber optic cable conduit. The water main crossings and cable conduits are located where the CSX Railroad along East Avenue intersects Cleveland Street. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline and wireline underneath their railway system. The cost to the City will be $3,000 for two (2) one-time encroachment inventory fees and $1500 for two (2) Construction Risk Fees for a total cost of $4,500. Sufficient budget and funding are available in Capital Improvement Program (CIP) projects 0315-96741, System R & R Capitalized, for the $1,500.00 for one (1) one-time encroachment inventory fee and $750 for Construction Risk Fee for a total of $2,250 for the Pipeline Crossing Agreement and $2,250 in 0315-92552, Signal R & R. for the conduit and fiber optic cable conduit Wireline Crossing Agreement. Council member Petersen moved to authorize the City to enter into two permit agreements with CSX Transportation, Inc., Pipeline Crossing Agreement #CSX-049519 and Wireline Crossing Agreement #CSX-049529, for the installation of one (1) 2" water main, one (1) 8" water main, one (1) 12" water main, one (1) 4" cable conduit and one (1) 12" fiber optic cable conduit in the CSX right-of-way as part of the Cleveland Street Streetscape project and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution #05-50 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution #05-50 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, and Doran. "Nays": None. Absent: Hibbard. 13 City Attorney Reports Council 2005-12-01 7 l . 14 City Manager Verbal Reports 15 Council Discussion Items Sister City Advisory Board Councilmember Petersen reported the City of Nagano, Japan has requested Clearwater fund its teachers and students to visit Nagano. She suggested a scholarship fund for students that could not afford to fund their own trip. Additional information and proposals regarding funding were requested so a decision can be made at a future meeting. 16 Other Council Action Councilmembers reported on events in which they recently participated, reviewed upcoming events, and wished all Happy Holidays. Councilmember Doran complimented staff for the Coronado Drive bid, which was within 1 % of the engineer's estimate, and welcomed new Cleveland Street businesses. Councilmember Petersen congratulated City Clerk Cyndie Goudeau for winning the City Clerk of the Year Award, congratulated Mainstreet for their awards, and was excited the Aqualea project on the beach is about to start. . Councilmember Jonson thanked staff and noted legislative delegation support of the local bill adding a Clearwater representative to the CVB (Convention Visitors Bureau), said there is demand for a dog park, and suggested the City recognize Trickles Jewelry for 60 years in Clearwater. 17 Adjourn The meeting adjourned at 6:59 p.m. ~..~ 1/ ~ --Mayor City of Clearwater Attest: ~ ~ City r . Council 2005-12-01 8