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12/15/2005 . . . CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 15, 2005 Present: Frank V. Hibbard William C. Jonson Hoyt P. Hamilton Carlen A. Petersen John Doran Mayor Vice-Mayor Councilmember Councilmember Councilmember 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 Rev. Father Richard C. Doscher Sr. of St. Alfred's Episcopal 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 - None. 5 Presentations: 5.1 Proclamation - Prosperity Campaiqn Day - 1/11/06 5.2 Presentation - Memorial Causeway Bridqe Plaque 6 Approval of Minutes 6.1 December 1. 2005 Councilmember Hamilton moved to approve the minutes of the regular meeting of December 1, 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 Nicholas Fritsch suggested changing the City seal for clarity; thanked Council for the visioning process; wished all Merry Christmas and Happy New Year; said the roundabout still operates efficiently. Stephen Sarnoff, CWA President, said the proposed contract failed ratification. Georqe Kelly referred to the petition he previously delivered relating to the streetscape and parking on Cleveland Street and requested future discussion. Staff to agenda the item for discussion at a future CRA or Council meeting. Council 2005-12-15 1 . . . Teresa Rubokova and John DauQhertv thanked the City Council for keeping an open- mind to keep concerts at Coachman Park. Ed Armstronq requested clarification whether policy direction to staff for the Old Florida District applies to applications filed prior to direction being given. It was indicated the intent was not to apply the policy direction retroactively and these type decisions are made by the CDB (Community Development Board). Public Hearings 8 Administrative public hearings 8.1 Approve the City of Clearwater FY2004-2005 Consolidated Annual Performance and Evaluation Report (CAPER). The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City's expenditures of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs funds to the U. S. Department of Housing and Urban Development (HUD). The City of Clearwater FY (Fiscal Year) 2004/05 CAPER contains information on the City's assessment of activities listed below: 1) Assessment of Three to Five Year Goals and Objectives; 2) Affordable Housing; 3) Continuum of Care; 4) Leveraging Resources; 5) Affirmatively Furthering Fair Housing; 6) Citizens Comments; and 7) Self-Evaluation. For FY 2004/05, the City's allocations for the CDBG and HOME programs were $1,079,985 and $577,115, respectively. The CAPER document serves as the basis for program monitoring for compliance and for financial audits for all activities conducted during the FY 2004/05 as outlined in the FY 2000-05 Consolidated Action Plan for that program year. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD's Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. Through the programs covered under the CAPER over 27,521 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing and Economic Development programs. One highlight of the program's success is that during the past fiscal year 25 homes were rehabilitated through the City's Housing Rehabilitation program. The City's Neighborhood and Affordable Housing Advisory Committee approved the FY 2004/05 CAPER on December 6, 2005. The FY 2004/05 CAPER is due to HUD no later than December 29, 2005. Council member Petersen moved to approve the City of Clearwater FY 2004/05 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. Council 2005-12-15 2 . . . 8.2 Approve the applicant's request to vacate the 30-foot utility easement retained over the vacated street riQht-of-way of State Street located between Lots 9 and 20 of E. A. Marshall's, (a.k.a. 1390 Sunset Point Road), and pass Ordinance #7570-06 on first readinQ, (VAC2005-20 Pathways Community Church). Staff reported the applicant had withdrawn this item. 8.3 Approve the applicant's request to vacate portions of Second Avenue South and Third Avenue South more particularly described in the ordinance. for property located 2695 Chautauqua Boulevard, and pass Ordinance #7574-06 on first readinQ, (VAC2005-21 Rottlund Homes of Florida, Inc. ). The applicant is seeking the vacation to incorporate vacated street right-of-way portions into a new 1 O-Iot single-family subdivision. Progress Energy, Verizon, Knology Cable and Bright House have no objections to the vacation request. No City utilities are presently located in the street right-of-way portions subject of the applicant's request. Public Works Administration has no objections to the vacation request. Councilmember Doran moved to approve the applicant's request to vacate portions of Second Avenue South and Third Avenue South more particularly described in the ordinance, for property located 2695 Chautauqua Boulevard. The motion was duly seconded and carried unanimously. Ordinance #7574-06 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7574-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 8.4 Approve the applicant's request to vacate the 15-foot storm sewer easement lyinQ in part on property located at 18860 U.S. HiQhway 19 and more particularly described in the ordinance and pass Ordinance #7572-06 on first readinQ, (VAC2005-18 Bay Park Executive Center, LLC.). The easement subject of the request was granted to the City of Clearwater in June 1975 to protect access to an existing storm sewer line owned by the City that traverses the applicant's property. The subject easement presently is not located over an existing City storm line and a building on the subject property encroaches into the easement. The applicant has agreed to provide to the City a new easement over existing City owner storm sewer facilities on the property. No other utility companies have a right to use the storm sewer easement; accordingly, no input from Brighthouse, Progress Energy, Verizon and Knology Cable was required. Public Works Administration has no objections to the vacation request. Councilmember Petersen moved to approve the applicant's request to vacate the 15-foot storm sewer easement lying in part on property located at 18860 U.S. Highway 19 and more particularly described in the ordinance. The motion was duly seconded and carried unanimously. Council 2005-12-15 3 . . . Ordinance #7572-06 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7572-06 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 Petition for Annexation. Future Land Use Plan Amendment from the County Residential Low (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 1304 Sprinqdale St. (Lot 11. Block C. Pine Ridqe Subdivision in Section 10-29-15): and Pass Ordinances #7549-06. #7550-06 & #7551-06 on first readinq. The subject property is located on the north side of Springdale Street, approximately 110 feet east of Betty Lane. The property is located within an enclave and is contiguous to existing City boundaries on the west, south, and east; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive solid waste service from the City. The subject site is approximately 0.18 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 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 (Pinellas Planning Council) and County staff in accordance with the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no objections have been raised. The CDB (Community Development Board) reviewed this proposed annexation at its regularly scheduled meeting on November 15, 2005 and unanimously recommended approval. Councilmember Hamilton 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 1304 Springdale St. (Lot 11, Block C, Pine Ridge Subdivision in Section 10-29-15). The motion was duly seconded and carried unanimously. Council 2005-12-15 4 . . . Ordinance #7549-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7549-06 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 #7550-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7550-05 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 #7551-06 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7551-06 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 Petition for Annexation. Future Land Use Plan Amendment from the County Residential Low (RL) Cateqorv to the City Residential Low (RL) CateQorv and Zoninq Atlas Amendment from the County R-3. Sinqle-Familv Residential District to the City Low Medium Densitv Residential (LMDR) District for 1321 Lvnn Avenue (Lot 2. Block 21. Fourth Addition to Hiqhland Subdivision in Section 11-29-15): and Pass Ordinances #7552-06. #7553-06 & #7554- 06 on first readinq. The subject property is located on the east side of Lynn Street, approximately 95 feet north of Gentry Street. The property is located within an enclave and is contiguous to existing City boundaries on the south and west; therefore, the proposed annexation is consistent with Pine lias County requirements with regard to voluntary annexation. The subject site is approximately 0.165 acre in area and is occupied by an existing single-family detached dwelling. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. 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 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 and County staff in accordance with the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no objections have been Council 2005-12-15 5 . . . raised. The CDB reviewed this proposed annexation on November 15, 2005 and unanimously recommended approval. Councilmember Hamilton 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 1321 Lynn Avenue (Lot 2, Block 21, Fourth Addition to Highland Subdivision in Section 11-29-15). The motion was duly seconded and carried unanimously. Ordinance #7552-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7552-06 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 #7553-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7553-06 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 #7554-06 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7554-06 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 County Residential Low (RL) Cateoorv to the Citv Residential Low (RL) Cateoorv and Zonino Atlas Amendment from the County R-3. Sino Ie-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1830 Carlton Drive (Lot 7. Block A. Carlton Terrace Subdivision in Section 5-29-16); and Pass Ordinances #7555-06. #7556-06 & #7557-06 on first readinq. The subject property is located on the west side of Carlton Drive, approximately 190 feet south of Woodring Drive. The property is located within an 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 applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. 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). Council 2005-12-15 6 . . . 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 and County staff in 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 on November 15, 2005 and unanimously recommended approval. Council member Hamilton 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 1830 Carlton Drive (Lot 7, Block A, Carlton Terrace Subdivision in Section 5-29-16). The motion was duly seconded and carried unanimously. Ordinance #7555-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7555-06 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 #7556-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7556-06 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 #7557-06 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7557-06 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 Low (RL) CateQorv to the City Residential Low (RL) Cateoorv and Zonino Atlas Amendment from the County R-3. Sino Ie-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1836 Carlton Drive (Lot 6. Block A. Carlton Terrace Subdivision in Section 5-29-16: and Pass Ordinances #7558-06. #7559-06 & #7560-06 on first readino. Council 2005-12-15 7 . . . The subject property is located on the west side of Carlton Drive, approximately 120 feet south of Woodring Drive. The property is located within an 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 applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. 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 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 and County staff in accordance with the provisions of Pine lias County Ordinance #00-63, Section 7(1-3), and no objections have been raised. The CDB reviewed this proposed annexation on November 15, 2005 and unanimously recommended approval. Councilmember Hamilton 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 1836 Carlton Drive (Lot 6, Block A, Carlton Terrace Subdivision in Section 5-29-16. The motion was duly seconded and carried unanimously. Ordinance #7558-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7558-06 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 #7559-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7559-06 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 #7560-06 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7560-06 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 2005-12-15 8 . . . 9.5 Approve the Petition for Annexation. Future Land Use Plan Amendment from the County Residential Low (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 1842 Carlton Drive (Lot 5. Block A. Carlton Terrace Subdivision in Section 5-29-16); and Pass Ordinances #7561-06. #7562-06 & #7563-06 on first readinq. The subject property is located on the west side of Carlton Drive, approximately 50 feet south of Woodring Drive. The property is located within an 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 approximately 0.17 acre in area and is occupied by an existing single-family detached dwelling. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. 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 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 and County staff in 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 on November 15, 2005 and unanimously recommended approval. Councilmember Hamilton 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 1842 Carlton Drive (Lot 5, Block A, Carlton Terrace Subdivision in Section 5-29-16). The motion was duly seconded and carried unanimously. Ordinance #7561-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7561-06 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 #7562-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7562-06 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 2005-12-15 9 . . . Ordinance #7563-06 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance #7563-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10 Second Readings - public hearing 10.1 Adopt Ordinance #7543-05 on second readina. amendina Sections 6.21 and 6.31(4). Code of Ordinances. relatina to alcoholic beveraaes and open alcohol containers. Ordinance #7543-05 was presented for second reading and read by title only. Council member Hamilton moved to pass and adopt Ordinance #7543-05 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 #7388-05 on third readina. amendina the comprehensive plan of the city by amendina the Future Land Use Element by addina the Resort Facilities Overlay (RFO) future land use as a land use map classification: replacina references to the 1995 Clearwater Downtown Redevelopment Plan with the 2004 Clearwater Downtown Redevelopment Plan: and by deletina policies reaardina the mixed-use zonina district. Ordinance #7388-05 was presented for second reading and read by title only. Council member Jonson 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. 10.3 Adopt Ordinance #7459-05 on second readina. amendina the future land use plan element of the comprehensive plan of the city. to chanae the land use desianation for certain real property whose post office address is 137 Fernwood Avenue. from Institutional to Residential Medium. Ordinance #7459-05 was presented for second reading and read by title only. Council member Petersen moved to pass and adopt Ordinance #7459-05 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. Council 2005-12-15 10 . . . 10.4 Adopt Ordinance #7460-05 on second readino, amendino the Zoninq 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). Ordinance #7460-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7460-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10.5 Adopt Ordinance #7449-05 on second readino, amendinq the Community Development Code by amendinq Article 2, Zoninq Districts: and amendinq Article 3, Development Standards. Councilmember Hamilton moved to amend Ordinance #7449-05 on second reading as follows: On page 21, paragraph 5, change (CDB) to (CBD). Paragraph 5 is amended to read as follows: For parcels located within an area designated Central Business District (CBD) or Community Redevelopment District (CRD) on the Countywide Future Land Use plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDB, CRD, redevelopment plan area or special area plan district from within the plan area or district in which the site is located. The motion was duly seconded and carried unanimously. Ordinance #7449-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7449-05 on second and final reading as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. I 10.6 Adopt Ordinance #7541-05 on second readinq, vacatinq the allevway Iyinq north of Lots 1 throuqh 6. inclusive, and south of Lots 7 and 8. Earl and Tate's subdivision, tooether with a five- foot alley Iyino alonq the west property line of Lot 11 of Earl and Tate's subdivision, subiect to a drainaqe and utilitv easement which is retained over the full width of the five-foot allev. Ordinance #7541-05 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance #7541-05 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. Council 2005-12-15 11 . . . 10.7 Adopt Ordinance #7544-05 on second readino, vacatino the utility easement retained over the vacated portion of Northeast Cleveland Street Iyino between Lots 15 throuoh 22, Block B, Bassedena Subdivision, and Lots 1 throuqh 14, Block A. Bassedena Subdivision. Ordinance #7544-05 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance #7544-05 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 10.8 Continue adoption of Ordinance #7564-05 on second readino, amendinq Ordinance #7515-05, which established the Clearwater Cay Community Development District pursuant to Chapter 190, Florida Statutes, to correct Exhibit A., leoal description to January 19, 2006. City Attorney Pam Akin said the legal description in the legal notice was incorrect and requested this item be continued. Councilmember Doran moved to continue Item #10.8 to January 19, 2006. The motion was duly seconded and carried unanimously. 10.9 Adopt Ordinance #7571-05 on second readinq, vacatino the fifteen-foot sanitary sewer easement Iyino within the west platted fifteen feet of Lots 11 throuoh 14, inclusive, Block C, Replat of Coachman Heiqhts. and extended north throuoh the south one-half of vacated Haven Street. Ordinance #7571-05 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7571-05 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 Approve contract with Bank of America for Purchasino Card services and authorize the appropriate officials to execute same. 11.2 Approve a 5-year renewal of the Lease Aoreement with Head Start Child Development and Family Services. Inc. ("Head Start or Lessee") for Lot 5, PENNSYLVANIA SUBDIVISION, commencino February 1, 2006 and terminatinq January 31,2011, in consideration of receipt of $1 and Lessee compliance with the promises and covenants contained therein, and authorize appropriate officials to execute same. 11.3 Accept a Sovereion Submeroed Lands Easement from the Florida Department of Environmental Protection, for the Stevenson Creek Water Main Replacement proiect (04-0037- UT) and the appropriate officials be authorized to execute same. Council 2005-12-15 12 . 11.4 Award a contract for the Traffic Operations Storaae Buildina (05-0010-EN) to Grosz & Stamper Construction. Inc. of Tampa. Florida for the sum of $305.632.80 which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. 11.5 Approve a five-year lease aareement. with three five-year renewal options. to Metro PCS. allowina Metro PCS to install six cellular telephone antennas on the city's north elevated water tower located at 1580 Weston Drive. for an initial year fee of $30.000 and authorize the appropriate officials to execute same. Purchasing 11.6 Medtronic Physio-Control. Redmont. Washinaton - Purchase seven (7) LP12 Defibrillators/monitors with printers and carryina cases at a cost of $144.999.46. 11.7 Jeffry Kniaht Incorporated. d.b.a. Kniaht Enterprises. Clearwater. Florida - Installation of aas mains and services lines in Pinellas and Pasco Counties at a cost not to exceed $995.000 durina the period January 1. 2006 throuah December 31.2006. 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 updatina the pooled cash investment policy and pass Ordinance #7569-06 on first readina. This policy does not apply to pension funds, which have their own investment policy. The biggest change is adding the five and ten year Treasury rates to the custom performance benchmark. This change makes the maturity of the benchmark (2.46 years) a closer match to the average maturity of what the portfolio has been running (2.98 years). The list of allowable investments has been updated to reflect the wording in State Statute. The list of allowable investments has also been changed to reflect changes occurring with certain government agencies. The Federal Government is privatizing some agencies. The Federal National Mortgage Association is one example. These new creations are called Government Sponsored Entities or GSE for short. These GSE will be issuing more and more securities, which do not have the direct or indirect backing of the Federal Government. A pool of assets that exceed the value of the security issued backs these securities. These securities are classified as corporate paper and will have an investment rating assigned by the various investment rating companies. The investment policy is being changed to allow investments of commercial paper that is of investment grade. While the investment policy specifically allows investment in these GSE this change will hopefully eliminate future confusion over securities issued by these GSE that do not have the direct or indirect backing of the Federal Government. . The estimated maturity for Collateralized Mortgage Obligations and Real Estate Investment Conduits has been increased from five to seven years. This change reflects that there are changes in the estimated life with interest rate changes. Staff will continue to buy these investments with average life of five years or less. Council 2005-12-15 13 . . . Councilmember Petersen moved to approve updating the pooled cash investment policy. The motion was duly seconded and carried unanimously. Ordinance #7569-06 was presented for first reading and read by title only. Council member Hamilton moved to pass Ordinance #7569-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 12.2 Approve modifyinq Chapter 32 and Appendix A as related to water. reclaimed water and wastewater collection systems to support new requlatorv requirements. initiatives and operational procedures. to redefine passaqes that identify prior orqanizational/operational responsibilities and titles. and to comply with the Interlocal Aqreement with Pinellas County approved September 15. 2005 and pass Ordinance #7573-06 on first readinq. On September 15, 2005, the City Council approved a 30-year agreement to continue to purchase potable water from Pinellas County. The new agreement required the City to modify the cross connection control section of Ordinance 32.131 through 32.140, to align the City's language to that of Pinellas County's cross connection code; Division 3, Sections 126-231 through 126-244. Updates were made to the general issues of operating and maintaining the wastewater collection system. Responsibilities of private collection systems are outlined. The US Environmental Protection Agency (EPA) and Florida Department of Environmental Protection (FDEP) have implemented regulations to control wastewater collection system overflows. In keeping with these regulations, added definitions more clearly define proper and improper uses of the collection system. One section addresses a requirement to have additional funding from developers where redevelopment of properties impacts the water and wastewater collection systems beyond existing capacity. A general sewer use section was added to identify what mayor may not be placed in the sewer system, which is critical in maintaining the system functionality. Costs associated with deposits, devices and connection to the water, reclaimed and wastewater collection systems were updated to more accurately reflect current costs. The significant proposed changes are as listed above. Other changes are general housekeeping issues including standard formatting as well as renumbering to accommodate new sections. There are no budgetary costs associated with the wastewater collection portions of this item. The revisions to the cross connection control portion will have little to no financial impact on the City's budget, as all water customers are required to pay for the installation of the cross connection control device. This Ordinance shall take effect immediately upon adoption. Councilmember Jonson moved to approve modifying Chapter 32 and Appendix A as related to water, reclaimed water and wastewater collection systems to support new regulatory requirements, initiatives and operational procedures, to redefine passages that identify prior organizational/operational responsibilities and titles, and to comply with the Interlocal Agreement with Pinellas County approved September 15, 2005. The motion was duly seconded and carried unanimously. Council 2005-12-15 14 . . . Ordinance #7573-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7573-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Petersen, Doran, and Hibbard. "Nays": None. Absent: Hamilton. 12.3 Award a contract to Westra Construction, Inc. of Palmetto, Florida for construction of the Coronado Drive Improvements (03-0079-ED) in the amount of $9.850,253.22 which is the lowest responsive bid received in accordance with the plans and specifications: and approve a work order to Post. Buckley, Schuh & Jerniqan. Inc. for construction enqineerinq and inspection services in the amount of $469,789.75. Construction plans for the BeachWalk project were completed in July 2005. The entire 3 ~ year project was subsequently advertised for bid. Bids were opened on August 17, 2005. Two bids were received, one for approximately $25 M and one for approximately $27 M. Staff evaluated various options for award of the contract including: award Phase One, Coronado Drive, only; find additional funding sources and award the entire contract; negotiate a reduced price with the low bidder; and re-bid Phase One only. In early September 2005, the FOOT (Florida Department of Transportation) notified the City that awarding any portion of this bid before completion of an environmental study would jeopardize almost $4 M in federal appropriations for the project. Based on this, the decision was made to re-bid Phase One, Coronado Drive, only. As this phase is only one year in duration, it was anticipated that the bids would contain more stable pricing. This also preserves the federal funding for Phases Two through Four. A total of two bids was received, Westra's low bid and one from R.E. Purcell Construction for $10,550,555.84. The updated engineer's estimate for this phase of the project was $9,729,697. Staff also requested an alternate bid based on allowing full closure of Coronado Drive rather than maintaining two open lanes of traffic, as it was expected this could provide a lower cost due to less maintenance of traffic required. The low bidder's price for this alternate was $9,740,253.22. Since this only shows a savings of approximately $110,000, staff is not recommending this alternative as it would require full support of the beach business community, which had previously been assured that two lanes of traffic would remain open. Construction will start in January 2006 and be complete within one year. Future phases of the project will be bid following Federal Highway Administration approval of the environmental study. Post, Buckley Schuh, and Jernigan's construction division has been providing construction engineering and inspection services for high profile City projects for over ten years with highly successful results. They have also worked diligently with the City to complete this successful bid process for Phase One of BeachWalk. There currently is adequate funding in this project to award these contracts for Phase One of the project. The City has validated the issuance of bonds to pay for part of the project. Council 2005-12-15 15 . . . -, Staff has prepared alternative funding options for a combination of bond and cash funding of the entire project, which is currently estimated to total $30.4 million. Staff recommends issuing bonds to pay for approximately $14 million of the project, with the remaining $16.4 million to be paid from developer contributions, grants, utility funds and other available funds. Direction from Council is requested so that the bonding process can be initiated. Based upon Council direction, budget amendments will be processed to adjust project funding accordingly. Public Works Administrator Mashid Arasteh presented a brief overview of the four phases of the entire BeachWalk project. In response to questions, Ms. Arasteh said the bypass lane in front of the Hyatt is part of this contract. The area from the Adams Mark to the Coronado/Hamden intersection will be an alternate in Phases 3 or 4. Concern was expressed Coronado Drive not being four-Ianed adjacent to the two projects during construction which could take two years. Ms. Arasteh indicated there is not enough room on the site for the equipment needed to construct the building. She said staff has not been able to come up with another solution. Concern was expressed in moving traffic during peak times and it was suggested adding traffic personnel. It was felt the loss of one of six lanes of traffic on Coronado would not have a tremendous impact. Finance Director Margie Simmons reviewed funding options, suggesting that bonds be callable so the City can pay them down more quickly. She anticipated increased redevelopment would increase City revenues. In response to a concern the City is closing a portion of the public right-of-way for private use, it was indicated other projects have used rights-of-way to construct. The projects are surrounded by major roads and there is no way around that. The City Attorney said Clearwater is obligated to build BeachWalk. It was noted experts on traffic control have done a lot of research and have not been able to find another solution. Councilmember Doran moved to approve awarding a contract to Westra Construction, Inc. of Palmetto, Florida for construction of the Coronado Drive Improvements (03-0079-ED) in the amount of $9,850,253.22 which is the lowest responsive bid received in accordance with the plans and specifications; and approve a work order to Post, Buckley, Schuh & Jernigan, Inc. for construction engineering and inspection services in the amount of $469,789.75. The motion was duly seconded and carried unanimously. 13 City Attorney Reports - None. 14 City Manager Verbal Reports Citing George Kelly's request to schedule discussion on downtown issues, the City Manager reported the Cleveland Street streetscaping project is ready to move forward. Discussion ensued regarding the Tampa Tribune's new rates for legal advertising. Comparisons were presented between the Tampa Tribune and St. Petersburg Times. Support was expressed in changing to the Times. Council 2005-12-15 16 . . . 15 Council Discussion Items Mavor Hibbard discussed a Countywide A TMS (Advanced Traffic and Management System)/ITS (Intelligent Transportation System). He said the County Commission is requesting support for the system and an additional one-cent gas tax for funding. Consensus was to send a letter in support but that unrealistic expectations regarding reducing congestion and delay not be created in the minds of the public. 16 Other Council Action Councilmembers reported on events in which they recently participated, reviewed upcoming events; wished all a Merry Christmas and Happy Holidays; were impressed with City accomplishments in 2005; and thanked staff for their efforts. Council member Doran thanked staff for their help with his transition to Council. Councilmember Petersen said the TBRPC (Tampa Bay Regional Planning Council) is opposed to OPPAGA's (Office of Program Policy Analysis and Government Accountability) recommendations regarding how the Tampa Bay area is divided into regions; is excited with changes in City. Councilmember Jonson said the Sf. Petersburg Times article regarding Coachman Park concerts did not correctly reflect what was said at the last Work Session; congratulated Bob Heilman Restaurant for inclusion in Hall of Fame. Council member Hamilton said 2006 offers great opportunities; noted TDC (Tourist Development Council) is excited about upcoming lronman event. Mavor Hibbard highlighted major accomplishments during 2005 and thanked Council for all their efforts; said YMCA Activate America will have a beneficial effect; thanked Tech Data for building a playground at South Ward Elementary School; thanked George Steinbrenner for exposing kids to music; noted the end of era for Calvary Baptist Church. 17 Adjourn The meeting adjourned at 8:16 p.m. -1~ /~ Mayor City of Clearwater A~st; ~~Z Ii. ~Q-- City rk Council 2005-12-15 17