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12/14/2006 CITY COUNCIL MEETING MINUTES CITYOF CLEARWATER December 14, 2006 Present: Frank Hibbard Carlen Petersen J.B. Johnson William C. Jonson John Doran Also present: William B. Horne II Garry Brumback Rod Irwin Pamela Akin Cynthia E. Goudeau Rosemarie Call Mayor Vice-Mayor Councilmember Council member Councilmember City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Management Analyst The Mayor called the meeting to order at 6:01 p.m. at City Hall. The invocation was offered by Pastor Peter Dembrowski from Hope Presbyterian Church. The Mayor led the Pledge of Allegiance. To provide for continuity for research, items are in agenda order although not necessarily discussed in that order. 4.Presentations 4.1 Administer Oath of Office to Interim Councilmember Johnson City Clerk Cyndie Goudeau administered oath to Councilmember J. B. Johnson. 4.2 Service Awards Georgina Ata, Clearwater Public Library System, was presented with the Employee of the Month Award. 4.3 Clearwater Auto Poster Award Economic Development and Housing Director Geri Campos presented the Brownfields Historic Excellence Award for the Clearwater Auto poster. 4.4 Turkev Trot Parks and Recreation Director Kevin Dunbar presented department awards and gifts to Council. 4.5 Citizens' Academv Graduates The Mayor introduced and congratulated the nineteen graduates. Mayor Hibbard presented Vice-Mayor Petersen with a certificate of completion for the Advanced Institute for Elected Municipal Officials. 5..Approval of Minutes Council 2006-12-14 1 5.1 Approve the minutes of the November 15, 2006, Citv Council MeetinQ and the December 4, 2006 Citv Council Special MeetinQ as submitted in written summation bv the Citv Clerk. Councilmember Doran moved to approve the minutes of the regular meeting of November 15, 2006 and the minutes of the City Council Special Meeting of December 4, 2006, as recorded and submitted in written summation by the City Clerk. The motion duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Jav Keves said the Clearwater Beach Homeowners Association is opposed to any vacation on East Shore Drive. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve applicant's request to vacate the 5-foot utilitv easement IvinQ alonQ the west propertv line of Lot 25, Bavside Subdivision No.2, (AK.A 201 BriQhtwater Drive), and pass Ordinance Number 7770-07 on first readinQ, (VAC2006-11 ROQers). Applicant is seeking vacation of the 5-foot utility easement in order to permit the construction of a 16 unit condominium. A 12-inch storm pipe has been relocated outside of the subject easement meeting City Engineering requirements in a new 7.5-foot easement. Progress Energy, Brighthouse, Knology and Verizon have no objections to the vacation request. Public Works Administration has no objections to the vacation request. Councilmember Petersen moved to approve the applicant's request to vacate the 5-foot utility easement lying along the west property line of Lot 25, Bayside Subdivision No.2, (AK.A 201 Brightwater Drive). The motion was duly seconded and carried unanimously. Ordinance 7770-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7770-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 7.2 Approve the applicant's request to vacate a portion of Osceola Avenue IvinQ adiacent to Lots 4 throuQh 11 of Jennie Cate Subdivision, (a.k.a. 400 Jones Street), a portion of an allevwav, three drainaQe and utilitv easements and a pubic inQress-eQress easement, all more particularlv described in Ordinance 7769-07 and pass Ordinance 7769-07 on first readinQ, (VAC2006-12 TrianQle Old Bav HoldinQs, LLC). The applicant proposes to consolidate approximately 5 acres of property into two developments, Island View, a 279 unit condominium to be built in three phases and Harrison Village, a mixed use development proposed to house 45 residential dwelling units and 30,000 square feet of commercial floor area. The applicant has agreed to deed to the City of Clearwater a new right-of-way for Osceola Avenue to be constructed at the applicant's expense Council 2006-12-14 2 from Jones Street on the south to Georgia Street on the north in alignment with existing Osceola Avenue at Georgia Street. In order to expedite construction of the site adjacent to the proposed new right-of-way for Osceola Avenue, the applicant plans to build a temporary emergency access road that will be removed when the new right-of-way is improved. Verizon, Knology, Clearwater Gas and Progress Energy have facilities in the right-of-way portion to be vacated and have no objection to the vacation request provided the applicant relocates the facilities at the applicant's sole cost and to the satisfaction of the various utility companies. Bright House Networks has no objections to the vacation request. Several conditions are proposed as part of the vacation ordinance to protect the public's interest in the proposed vacation of the Osceola Avenue portion: The applicant will 1) relocate all utilities at applicants sole cost, 2) grant a temporary ingress/egress easement for emergency access between Jones and Georgia Streets; 3) deed unencumbered title to the new right-of-way for Osceola Avenue to City of Clearwater; 4) complete all improvements for the relocated Osceola Avenue within 24 months of the effective date of the ordinance; 5) provide a performance bond to City in the amount of one million dollars to fund the City of Clearwater completing Osceola Avenue in event of default by the applicant. Bond will be payable to the City 18 months after the effective date of the ordinance to ensure completion of the road within 24 months of the effective date of the ordinance. Public Works Administration has no objections to the vacation request subject to the conditions proposed. Councilmember Johnson moved to approve the applicant's request to vacate a portion of Osceola Avenue lying adjacent to Lots 4 through 11 of Jennie Cate Subdivision, (a.k.a. 400 Jones Street), a portion of an alleyway, three drainage and utility easements and a pubic ingress-egress easement, all more particularly described in Ordinance 7769-07. The motion was duly seconded and carried unanimously. Ordinance 7769-07 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7769-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 7.3 Approve the Citv of Clearwater FY 2005-2006 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 for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U. S. Department of Housing and Urban Development (HUD). For FY 2005-2006 the City's allocations for the CDBG and HOME programs were $969,479 and $543,851 respectively. The CAPER document serves as the basis for program monitoring for compliance and for financial audits for all activities conducted during the FY 2005-06 as outlined in the Consolidated 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 and Development programs in compliance with all applicable rules and Council 2006-12-14 3 regulations. It also provides information necessary for HUD's Annual Report to Congress and it provides grantees and opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater FY 2005-06 CAPER contains information on the City's assessment of the activities listed below: - Assessment of Three to Five Year Goals and Objectives - Affordable Housing - Continuum of Care - Leveraging Resources - Affirmatively Furthering Fair Housing - Citizens Comments - Self-Evaluation Through the programs covered under the CAPER over 17,665 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing, and Economic Development projects. Also, during this past fiscal year, four homes were rehabilitated and seven new homes were constructed through our CDBG and HOME programs. The City's Neighborhood and Affordable Housing Advisory Board (NAHAB) is scheduled to approve the FY 2005-06 CAPER at their meeting on December 12, 2006. The FY 2005-06 CAPER is due to HUD no later than December 29, 2006. Councilmember Petersen moved to approve the City of Clearwater FY 2005-2006 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 7.4 Find a valid public purpose in compliance with Section 2.01 (d)(5)(iii) of the Citv Charter, declare as surplus, and in consideration of receipt of $1.00 and other valuable considerations, quitclaim to the State of Florida Department of Transportation ("FDOT") all riQht, title, interest, claim and demand the Citv mav have in Lot 1, DON PABLO'S - NURSERY ROAD subdivision, and authorize appropriate officials to execute a Quitclaim Deed specificallv convevinQ same. FDOT is in the process of acquiring additional right-of-way for Segment 2 of its multi- year work program to convert U. S. Highway 19 (S. R. 55) into a 30-mile six-lane continuous controlled access road from Gandy Boulevard to the Pasco County line. On January 5,2005 FDOT purchased the 2.012 acre former Don Pablo's restaurant site on the east side of U. S. 19 at Nursery Road as a stormwater management site for the subject project segment that extends between Whitney Road and Seville Boulevard. The 1998 plat of DON PABLO'S - NURSERY ROAD subdivision granted the City authority to use all utility and drainage easements described in the plat. As the City no longer requires easement across the parcel following demolition of the restaurant structure, it subordinated easement rights granted by the plat to FDOT on April 10, 2006. Subsequent to the City subordination, the City of St. Petersburg requested that FDOT expand the City's 50-foot watermain easement across the parcel. Upon the City of Clearwater quitclaiming all right, title and interest it may have in the parcel, FDOT will be vested with clear title in and to the parcel, with complete and lawful authority to grant St. Petersburg the expanded easement. Section 2.01 (d)(5)(iii) of the Charter provides that surplus property may be transferred to another governmental entity for less than appraised value after an advertised public hearing has been held and finding by the council of a valid public purpose for the transfer. A copy of the Quitclaim Deed of conveyance is available for review in the Office of Official Records and Legislative Services. Councilmember Doran moved to find a valid public purpose in compliance with Section 2.01 (d)(5)(iii) of the City Charter, declare as surplus, and in consideration of receipt of $1.00 and Council 2006-12-14 4 other valuable considerations, quitclaim to the State of Florida Department of Transportation ("FDOT") all right, title, interest, claim and demand the City may have in Lot 1, DON PABLO'S - NURSERY ROAD subdivision, and authorize appropriate officials to execute a Quitclaim Deed specifically conveying same. The motion was duly seconded and carried unanimously. 8. Quasi-judicial Public Hearings 8.1 Approve the Petition for Annexation, Future land Use Plan Amendment from the Countv Residential Urban (RU) & Residential/Office General(R/OF) cateQories to the Citv Residential Urban (RU) & Residential/Office General (R/OG) cateQories and ZoninQ Atlas Amendment form the countv R-3, SinQle-Familv Residential District & P-1, General Professional Office Districts to the Citv Low Medium Densitv Residential (LMDR) & Office Districts for 1432 S Belcher Rd (Lots 45 & 46m Sunset Gardens Subdivision in Section 24, Township 29 South and RanQe 15 East); and Pass Ordinance 7726-07,7727-07 & 7728-07 on first readinQ. This annexation involves a 0.310-acre property consisting of two parcels and located on the northwest corner of Catalina Drive and S. Belcher Road. The property is contiguous with the existing City boundaries to the north, south and east; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with regard to voluntary annexation. It is proposed that the abutting Catalina Drive right-of-way not currently within the city limits also be annexed. The applicant is requesting this annexation in order to receive solid waste and sanitary sewer service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) & Residential/Office General (R/OG) and a zoning category of Low Medium Density Residential (LMDR) & Office (0). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. 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 in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-04013) for the complete analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on November 21, 2006, and unanimously recommended approval. Councilmember Johnson moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Urban (RU) & Residential/Office General(R/OF) categories to the City Residential Urban (RU) & Residential/Office General (R/OG) categories and Zoning Atlas Amendment form the county R-3, Single-Family Residential District & P-1, General Professional Office Districts to the City Low Medium Density Residential (LMDR) & Office Districts for 1432 S Belcher Rd (Lots 45 & 46m Sunset Gardens Subdivision in Section 24, Township 29 South and Range 15 East). The motion was duly seconded and carried unanimously. Council 2006-12-14 5 Ordinance 7726-07 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7726-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. Ordinance 7727-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7727-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. Ordinance 7728-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7728-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 8.2 Approve the Petition for Annexation, Future Land Use Plan Amendment from the Countv Residential Low (RL) CateQorv to the Citv Residential Low (RL) cateQorv and ZoninQ Atlas Amendment from the Countv R-2, SinQle-Familv Residential District to the Citv Low Medium Densitv Residential (LMDR) District for 1300 HiQhfield Drive (Lot 43, DouQlas Manor Park Subdivision in Section 24, Township 29 South and RanQe 15 East); and Pass Ordinance 7734- 07, 7735-07 & 7736-07 on first readinQ. This annexation involves a 0.217-acre property consisting of one parcel, located on the southwest corner of Highfield Drive and Lakeview Road. The property is contiguous with the 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 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: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. 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 in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-08027) for the complete Council 2006-12-14 6 analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on November 21, 2006 and unanimously recommended approval. Councilmember Johnson 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-2, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1300 Highfield Drive (Lot 43, Douglas Manor Park Subdivision in Section 24, Township 29 South and Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 7734-07 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7734-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7735-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7735-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7736-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7736-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None 8.3 Approve the Petition for Annexation, Future Land Use Plan Amendment from the Countv Residential Urban (RU) CateQorv to the Citv Residential Urban (RU) CateQorv and ZoninQ Atlas Amendment from the Countv R-4, SinQle-Familv Residential District to the Citv Low Medium Densitv Residential (LMDR) District for 2031 N Bettv Lane (Lot 2, Block K, Brooklawn Subdivision in Section 3, Township 29 South and RanQe 15 East); and Pass Ordinance 7737- 07, 7738-07 & 7739-07 on first readinQ. This annexation involves a 0.116-acre property consisting of one parcel, located on the east side of N Betty Lane, approximately 75 feet south of Idlewild Drive. The property is contiguous with the existing City boundaries to the west; 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 solid waste service from the City. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). Council 2006-12-14 7 The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. 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 in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-08028) for the complete analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on November 21, 2006 and unanimously recommended approval. Councilmember Johnson 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-4, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 2031 N Betty Lane (Lot 2, Block K, Brooklawn Subdivision in Section 3, Township 29 South and Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 7737-07 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7737-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7738-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7738-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7739-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7739-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None 8.4 Approve the Petition for Annexation, Future Land Use Plan Amendment from the Countv Residential Low (RL) CateQorv to the Citv Residential Low (RL) CateQorv and ZoninQ Atlas Amendment from the Countv R-3, SinQle Familv Residential District to the Citv Low Medium Densitv Residential (LMDR) District for 1504 Country Lane West (ConsistinQ of Lot 12, Country Lane and a portion of land in Section 8, Township 29 South, RanQe 16 East desiQnated as Lake Patricia); and Pass Ordinance 7740-07,7741-07 & 7742-07 on first readinQ. Council 2006-12-14 8 This annexation involves a 0.596-acre property consisting of one parcel, which is located approximately 500 feet on the south side of SR 590 and Country Lane West. 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 property is occupied by a 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: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The subject site is located within an enclave, is not contiguous to city boundaries and reduces the enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-08029) for the complete analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on November 21, 2006 and unanimously recommended approval. Councilmember Johnson 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 1504 Country Lane West (Consisting of Lot 12, Country Lane and a portion of land in Section 8, Township 29 South, Range 16 East designated as Lake Patricia). The motion was duly seconded and carried unanimously. Ordinance 7740-07 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7740-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, and Doran. "Nays": None Absent: Hibbard Ordinance 7741-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7741-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, and Doran. "Nays": None Absent: Hibbard. Council 2006-12-14 9 Ordinance 7742-07 was presented for first reading and read by title only. Councilmember Johnson moved to pass Ordinance 7742-07 on first reading. The motion was duly seconded and upon roll call vote, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None 8.5 Approve the Petition for Annexation, Future Land Use Plan Amendment from the Countv Residential Low (RL) CateQorv to the Citv Residential Low (RL) CateQorv and ZoninQ Atlas Amendment from the Countv R-3, SinQle-Familv Residential District to the Citv Low Medium Densitv Residential (LMDR) District for 1216 Claire Drive (Lot 7, Block A Stevenson's HeiQhts Subdivision in Section 10, Township 29 South and RanQe 15 East); and Pass Ordinance 7743- 07,7744-07 & 7745-07 on first readinQ. This annexation involves a 0.158-acre property consisting of one parcel, located on the north side of Claire Drive, approximately 160 feet east of Stevenson's Drive and 185 feet west of Stockton Drive. The property is contiguous with the existing City boundaries to the north and west; 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 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: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. 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 in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-09030) for the complete analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on November 21, 2006 and unanimously recommended approval. Councilmember Jonson 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 1216 Claire Drive (Lot 7, Block A, Stevenson's Heights Subdivision in Section 10, Township 29 South and Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 7743-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7743-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. Council 2006-12-14 10 "Nays": None Ordinance 7744-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7744-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7745-07 was presented for first reading and read by title only. Councilmember Johnson moved to pass Ordinance 7745-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None 8.6 Approve the Petition for Annexation, Future Land Use Plan Amendment from the Countv Residential Low (RL) CateQorv to the Citv Residential Low (RL) CateQorv and ZoninQ Atlas Amendment from the Countv R-3, SinQle-Familv Residential District to the Citv Low Medium Densitv Residential (LMDR) District for 1240 Carol Lane (Lot 11, Block B, Stevenson's HeiQhts Subdivision in Section 10, Township 29 South and RanQe 15 East); and Pass Ordinance 7765- 07,7766-07 & 7767-07 on first readinQ. This annexation involves a 0.184-acre property consisting of one parcel, located on the northwest corner of N. Betty Lane and Carol Drive. The property is contiguous with the existing City boundaries to the north and east; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with regard to voluntary annexation. It is proposed that the abutting N Betty Lane right-of-way, not currently within the City limits, also be annexed. The applicant is requesting this annexation in order to receive 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: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. 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 in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-09032) for the complete analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on November 21, 2006 and unanimously recommended approval. Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low Council 2006-12-14 11 (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 1240 Carol Lane (Lot 11, Block B, Stevenson's Heights Subdivision in Section 10, Township 29 South and Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 7765-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7765-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7766-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7766-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7767-07 was presented for first reading and read by title only. Councilmember Johnson moved to pass Ordinance 7767-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None 8.7 Approve the Petition for Annexation, Future Land Use Plan Amendment from the Countv Residential Low (RL) CateQorv to the Citv Residential Low (RL) CateQorv and ZoninQ Atlas Amendment from the Countv R-3, SinQle-Familv Residential District to the Citv Low Medium Densitv Residential (LMDR) District for 1232 Claire Drive (Lot 3, Block A Stevenson's HeiQhts Subdivision in Section 10, Township 29 South and RanQe 15 East); and Pass Ordinance 7749- 07,7750-07 & 7751-07 on first readinQ. This annexation involves a 0.157 -acre property consisting of one parcel, located on the north side of Claire Drive, approximately 177 feet west of North Betty Lane and 400 feet east of Stevenson's Drive. The property is contiguous with the 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 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: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing Council 2006-12-14 12 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 in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-09033) for the complete analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on November 21, 2006 and unanimously recommended approval Councilmember Jonson 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 1232 Claire Drive (Lot 3, Block A, Stevenson's Heights Subdivision in Section 10, Township 29 South and Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 7749-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7749-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7750-07 was presented on first reading and read by title only. Councilmember Doran moved to pass Ordinance 7750-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7751-07 was presented on first reading and read by title only. Councilmember Johnson moved to pass Ordinance 7751-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None 8.8 Approve the Petition for Annexation, Future Land Use Plan Amendment from the Countv Residential Low (RL) CateQorv to the Citv Residential Low (RL) CateQorv and ZoninQ Atlas Amendment from the Countv R-3, SinQle-Familv Residential District to the Citv Low Medium Densitv Residential (LMDR) District for 1824 Diane Drive (Lot 14, Block I. Carlton Terrace First Addition in Section 5, Township 29 South and RanQe 15 East); and Pass Ordinance 7752-07, 7753-07 & 7754-07 on first readinQ. This annexation involves a 0.18-acre property consisting of one parcel, located on the west side of Diane Drive, approximately 310 feet north of Morningside Drive. The property is located within an enclave and is not contiguous to existing City boundaries; therefore, the Council 2006-12-14 13 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. 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: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. 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. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer to the staff report (ANX2006-09034) for the complete analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on November 21, 2006 and unanimously recommended approval. Councilmember Jonson 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 1824 Diane Drive (Lot 14, Block I, Carlton Terrace First Addition in Section 5, Township 29 South and Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 7752-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7752-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7753-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7753-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7754-07 was presented for first reading and read by title only. Councilmember Johnson moved to pass Ordinance 7754-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Council 2006-12-14 14 8.9 Approve the Annexation, Land Use Plan Amendment from Residential Suburban (RS) (Countv) to Institutional (I), and ZoninQ Atlas Amendment from A-E, AQricultural Estate Residential District (Countv) to the (I), Institutional District for propertv located at 2295 McMullen Booth Road (ConsistinQ of a portion of Section 33, Township 28 south, RanQe 16 east, Metes and Bounds 32/01, tOQether with the riQht-of-wav of McMullen Booth Road); and Pass Ordinance 7731-07,7732-07 & 7733-07 on first readinQ. (ANX2006-06024 and LUZ2006- 08005) This Annexation, Future Land Use Plan (FLUP) amendment and rezoning application involves one parcel of land, approximately 2.12 acres in area located on the west side of McMullen Booth Road approximately 165 feet north of Renaissance Drive and 500 feet south of Marlo Boulevard. The site is currently occupied by Northwood Community Church. The site has a FLUP designation of Residential Suburban (RS) and is within the Agricultural Estate Residential (A-E) Zoning District. The applicant is requesting to amend the FLUP designation of the site to the Institutional (I) classification and to rezone it to the Institutional (I) District so this existing use will be a conforming use upon annexation. The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the land use plan amendment and rezoning (LUZ2006-08005) report for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Review and approval by the Florida Department of Community Affairs is not required. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan, the Community Development Code and Pinellas County and Florida Law. . The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. Pursuant to Pinellas County Ordinance 00-63, the Pinellas Planning Council and County staffs have reviewed this annexation and determined it complies with the ordinance criteria. The Community Development Board reviewed these applications at its public hearing on November 21,2006 and unanimously recommended approval of both applications. Councilmember Jonson moved to approve the Annexation, Land Use Plan Amendment from Residential Suburban (RS) (County) to Institutional (I), and Zoning Atlas Amendment from A-E, Agricultural Estate Residential District (County) to the (I), Institutional District for property located at 2295 McMullen Booth Road (Consisting of a portion of Section 33, Township 28 south, Range 16 east, Metes and Bounds 32/01, together with the right-of-way of McMullen Booth Road). The motion was duly seconded and carried unanimously. Council 2006-12-14 15 Ordinance 7731-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7731-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7732-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7732-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Ordinance 7733-07 was presented for first reading and read by title only. Councilmember Johnson moved to pass Ordinance 7733-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None 8.10 CONTINUE the approval of a Future Land Use Plan Amendment from the Institutional (I) CateQorv to the Residential Medium (RM) CateQorv and a ZoninQ Atlas Amendment from the Institutional (I) District to the Medium Densitv Residential (MDR) District CateQorv for propertv located at 1980 KinQs HiQhwav (consistinQ of a portion of Lot 9, E.A. Marshall Subdivision to the Citv Council MeetinQ Date of Januarv 18, 2007. Councilmember Jonson moved to continue Item 8.10 to the City Council meeting on January 18,2007. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 7714-06 on second readinQ, amendinQ Chapter 33, Section 33.067(3), Code of Ordinances, relatinQ to Waterwavs and Vessels, to chanQe a defined area for speed restrictions of vessels in Clearwater Harbor. Ordinance 7714-06 was presented for second reading and read by title only. Council member Petersen moved to pass and adopt Ordinance 7714-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None Council 2006-12-14 16 9.2 Adopt Ordinance 7722-06 on second readinQ, relatinQ to the Brownfields Advisorv Board to delete the required number of meetinQs and to allow meetinQs to be called bv the chairperson or staff liaison. Ordinance 7722-06 was presented for second reading and read by title only. Councilmember Doran moved to pass Ordinance 7722-06 and adopt Ordinance 7722-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None City Manager Reports 10. Consent Agenda -Approved as submitted, less item 10.21 10.1 Amend the General Fund and ParkinQ Fund budQets at first quarter to chanQe the accountinQ methodoloQv of fundinQ the Beach Guard and Jollev Trollev operatinQ budQets in 2006/07. (consent) 10.2 Appoint Mr. Robert GoinQ to a two-vear term endinQ December 31, 2008 as a Trustee of the Clearwater FirefiQhters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 10.3 Award a contract to Fisher Scientific, Atlanta, GeorQia, in the amount of $190,000 for the purchase of personal protective Qear, in accordance with Sec. 2.564(b), Code of Ordinances- Sole source for Citv standardized equipment, and that appropriate officials be authorized to execute same. (consent) 10.4 Declare the list of vehicles and equipment surplus to the needs of the Citv and authorize disposal throuQh sale to the hiQhest bidder at the Tampa Machinerv Auction, Tampa, Florida. ( consent) 10.5 Approve Work Order Initiation Form with Jones Edmunds & Associates, Inc. in the amount of $298,000 for the conversion of Clearwater Gas Svstem Service Line Cards to ArcMap GIS, authorize the appropriate officials to execute same and authorize fundinQ in the amount of $298,000 to come from the unappropriated retained earninQs of the Gas Fund. (consent) 10.6 Ratifv and confirm the Citv ManaQer's approval of the addition of $75,000 in EmerQencv FundinQ to Purchase Order #BR502460 to Jeffrev KniQht Incorporated (DBA KniQht Enterprises) to cover costs associated with the completion of the annual contract for Installation of Gas Mains and Service Lines in the Clearwater Gas Svstem's North OperatinQ Area. (consent) 10.7 Extend the Contract with Jeffrv KniQht Incorporated (DBA KniQht Enterprises), Clearwater, Florida for a contract period of December 15, 2006 to December 31,2007, for the Installation of Gas Mains and Service Lines, in the amount of $995,000, which is the first renewal option authorized in Citv of Clearwater Bid 44-05 and authorize the appropriate officials to execute same. (consent) Council 2006-12-14 17 10.8 Approve a Letter of Interest in the Clearwater Public Librarv Svstem participatinQ in a Countv-wide librarv automation svstem to be purchased and run bv the Pinellas Public Librarv Cooperative. (consent) 10.9 Approve renewal of a 5-vear Partnership and Operational Support AQreement from Januarv 1,2007 - December 31,2011, between the Citv of Clearwater and the African American Leadership Council. Inc., for the use and supervision of the Martin Luther KinQ Center and authorize the appropriate officials to execute same. (consent) 10.10 Approve Recreation Greenwavs Trails ProQram (RGTP) proiect Qrant aQreement for East West (Ream Wilson Clearwater) Trail Renovations Proiect, in the amount of $200,000, between the State of Florida Department of Environmental Protection and the Citv of Clearwater and authorize the appropriate officials to execute same. (consent) 10.11 Approve an aQreement between THE FLORIDA COMMISSION ON COMMUNITY SERVICE and the CITY OF CLEARWATER renewinQ the AmeriCorps Clearwater proQram for the period of Januarv 1, 2007 throuQh December 31, 2007, includinQ a cash match in the amount of $59,645 and authorize the appropriate officials to execute same. (consent) 10.12 Approve the authoritv of the Citv ManaQer or his desiQnee to consent to, and provide written approval of, license aQreements between M/A-COM and third partv tenants on the Missouri or Countryside Radio Tower, said aQreements provided for in AQenda Item 44, approved bv Council June, 2002. (consent) 10.13 Award a Contract (Blanket Purchase Order) for $200,000 to WinQfoot Commercial Tire Svstems, LLC of Clearwater, FL for Tire Repair and Inspection Services durinQ the period 1/1/2007 throuQh 12/31/2008 and authorize the appropriate officials to execute same. (consent) 10.14 Approve the First Amendment to the Cooperative FundinQ AQreement with the Southwest Florida Water ManaQement District (SWFWMD) which provides additional proiect fundinQ of $400,000 ($200,000 each for SWFWMD and the Citv) for MorninQside Reclaimed Water Svstem (05-0022-UT) proiect costs and authorize the appropriate officials to execute same. (consent) 10.15 Approve an aQreement with Pinellas Countv, the Florida Department of Transportation and various cities within Pinellas Countv to control and provide accountabilitv for stormwater discharQes and authorize the appropriate officials to execute same. (consent) 10.16 Approve a 5-vear non-exclusive License AQreement for vehicular parkinQ upon a 13,940 square foot portion of Citv riQht-of-wav easement for Clearwater Pass BridQe, beinQ a portion of Section 17, Township 29 South, RanQe 15 East, with Marquesas, LLC, a Delaware limited liabilitv companv ("Licensee"), commencinQ Januarv 1, 2007 in consideration of pavment of initial vear license fee of $4800 pavable $1200 quarterlv, with subsequent vear pavments increasinQ 4% per annum, and authorize appropriate officials to execute same.(consent) 10.17 Approve the final plat for "LAKE CHAUTAUQUA RESERVE" which is located on Lake Chautauqua Avenue and Third Avenue South. (consent) 10.18 Approve the draft of the Updated Schools Facilities Interlocal AQreement and execution bv the Mavor. (consent) Council 2006-12-14 18 10.19 Appoint Councilmember Johnson to fill the remainder of Hovt Hamilton's term on the Pension Advisorv Committee until April 4, 2008, recommend Vice-Mavor Petersen to the Countv for appointment to the Tourist Development Council and appoint Councilmember Doran to the Barrier Island Governmental Council (BiQ C). 10.20 To the Sister Citv Advisorv Board, reappoint Vice-Mavor Carlen Petersen as the Council representative and C. E. Snedeker as the Local Business Communitv Representative and appoint Nicole Scholet as the vouth representative, all with terms expirinQ on December 31, 2010. 10.21 - see below 10.22 Appoint Frank Dame to the Communitv Development Board with the term expirinQ on Februarv 28,2007. Councilmember Jonson moved to approve the Consent Agenda, less item 10.21, as submitted and that the officials be authorized to execute the same. The motion was duly seconded and carried unanimously. 10.21 Approve the 2007 State LeQislative PackaQe Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City's legislative liaison works closely with city management staff, the City's lobbying team in Tallahassee, and state legislative delegates representing Clearwater districts, to draft a package that is beneficial to Clearwater, and to lobby that package at home and in Tallahassee. The 2007 State Legislative Package includes such issues as: supporting funding requests for the Willa Carson Health Resource Center and Pinellas County Emergency Operations Center; support full funding of State Housing Incentive Program (SHIP); and a local bill allowing use of Memorial Causeway and adjacent submerged lands for public purposes. One citizen expressed concern regarding the local bill on submerged lands. City Attorney Pam Akin said the local bill clarifies use of lands surrounding the Memorial Causeway. Councilmember Petersen moved to approve the 2007 State Legislative Package. The motion was duly seconded and carried unanimously. 11. Other items on City Manager Reports 11.1 Approve the Local HousinQ Assistance Plan and authorize the Economic Development and HousinQ Department to submit an application to the Pinellas Countv HousinQ Finance Authoritv to receive $945,000 in fundinQ from the Pinellas Communitv HousinQ Trust Fund to continue affordable housinQ efforts and adopt Resolution 06-56. To increase resources to address the shortage of affordable housing in Pinellas County, the Board of County Commissioners adopted Resolution 05-237 to authorize the establishment of the Pinellas County Community Housing Trust Program. The program was created for the purpose of providing funds to promote homeownership and to expand the production and preservation of rental and owner housing affordable to very low-income, low income, and Council 2006-12-14 19 moderate-income households. County Ordinance 06-28 was adopted establishing the Housing Trust Fund. The Pinellas County Housing Finance Authority on behalf of the Board will administer the trust fund. Monies for the trust fund will be derived from both ad valorem and non-ad valorem revenue resources. Under the proposed plan, the Housing Finance Authority will award the City of Clearwater $945,000 from the Housing Trust Fund to further our efforts in affordable housing. Pursuant to approval of annual applications and other compliance measures, the City will receive funding annually. The program goals and objectives are consistent with the Five Year Consolidated Plan that was approved by the City Council. Each jurisdiction receiving funds needs to submit an application that includes a Local Housing Assistance Plan that proposes how the jurisdiction will use the funds. The County and the cities are using the State Housing Initiatives Partnership (SHIP) guidelines as a general template for the use of the funds. Per the county's requirements, Clearwater's proposed use of funds for each of the four main strategies is as follows: 1 )produce new rental and owner housing Develop 5 new owner housing units $200,000 Develop 4 new rental housing units $175,000 2)preserve existing rental and owner housing Rehabilitate 3 existing owner-occupied housing units $100,000 Rehabilitate 2 existing rental units $52,575 3)promote housing opportunities Provide down payment and closing cost assistance to 14 families $280,400 4)provide housing services Provide housing counseling services to 68 families $42,525 5)General Program Administration $94,500 The application is due to the County on January 15, 2007. Councilmember Petersen moved to approve the Local Housing Assistance Plan and authorize the Economic Development and Housing Department to submit an application to the Pinellas County Housing Finance Authority to receive $945,000 in funding from the Pinellas Community Housing Trust Fund to continue affordable housing efforts. The motion was duly seconded and carried unanimously. Resolution 06-56 was presented and read by title only. Councilmember Doran moved to pass and adopt Resolution 06-56 and authorize the appropriate officials to execute the same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None 11.2 Approve amendinQ Chapter 32, as related to water and reclaimed water to support new reQulatorv requirements, initiatives and operational procedures, to redefine passaQes that identifv prior orQanizational/operational responsibilities and titles, and to complv with bulk reclaimed user aQreements and pass Ordinance 7764-07 on first readinQ. The city is modifying its water use permit (WUP) issued by the Southwest Florida Water Management District. The modifications will allow more local water production and help reduce future utility rate increases. In order to process the WUP modification, the District is requiring ordinance language that will protect other legal groundwater users and provide a method for mitigation if a user is impacted by city groundwater production. The proposed water ordinance language will fulfill the District's requirement. The current reclaimed water ordinance does not address bulk users or service outside city limits. Proposed language will allow bulk users inside and outside city limits. Customers Council 2006-12-14 20 outside city limits will be required to coordinate potable water backflow protection with their provider. Annexation shall not be required for bulk use agreements outside of city limits, however, annexation will be required for potential residential service outside of city limits. Various proposed minor updates include correcting regulatory agency titles, specifying that all reclaimed connections shall be charged a metered rate, and all reclaimed water system connections shall pay the availability fee. On September 21,2006, the City Council approved agreements with bulk reclaimed users regarding their new metered rates and responsibilities; new language is added to incorporate into city code. There are no costs associated with this item. This Ordinance shall take effect immediately upon adoption. Councilmember Johnson moved to Approve amending Chapter 32, as related to water and reclaimed water to support new regulatory requirements, initiatives and operational procedures, to redefine passages that identify prior organizational/operational responsibilities and titles, and to comply with bulk reclaimed user agreements. The motion was duly seconded and carried unanimously. Ordinance 7764-07 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7764-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None The Council recognized Public Utilities Director Andy Neff who is leaving the City to pursue other opportunities and thanked him for his efforts. 11.3 Award a contract to David Nelson Construction Companv of Palm Harbor, Florida for construction of Beach Walk Phases Two throuQh Four (03-0079-ED) in the amount of $12,389,582.65 which is the lowest responsive base bid received in accordance with the plans and specifications; and award alternate bid items one throuQh eiQht in the amount of $3,929,543.10 for a total contract amount of $16,319,125.75; and approve a work order to Post, Bucklev, Schuh & JerniQan, Inc. for construction enQineerinQ and inspection services in the amount of $1,228,339.74 and authorize the appropriate officials to execute same. Construction plans for the Beach Walk 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, both of which exceeded the estimated project budget. Staff evaluated various options for award of the contract and decided to rebid Phase One only. The construction contract for Phase One was awarded to Westra Construction in December 2005. Construction on this phase will be complete in early 2007. In order to manage project costs, phases 2-4 were bid with a base bid consisting primarily of all the necessary project infrastructure, and various alternate bid items consisting of the hardscape and other enhancement items. Alternates one through eight can be awarded within the project budget. These include all of the amenities from the original design. Construction will start after completion of Coronado Drive construction and be complete within two and one-half years. Post, Buckley Schuh, and Jernigan's construction division has been providing construction engineering and inspection services for high profile City projects for over Council 2006-12-14 21 ten years with highly successful results, including Phase One of Beach Walk. Copies of the contract and work order are available for review in the Official Records and Legislative Services office. At first quarter, the Beach Walk project budget will recognize almost $3.9 million in federal grants generated for this project. As a result of these grant proceeds, almost $2.5 million will be returned to Solid Waste and $2 million to the Central Insurance Fund. In addition, funding from bond proceeds will be reduced by almost $1.9 million. All first quarter budget amendments are summarized on the attached worksheet. Details of the utility funds first quarter budget amendments follows. Sufficient budget and revenue are available in the Beach Walk projects in the 06 Improvement Revenue Bond Fund (0362-92267) and in the Capital Improvement Fund (0315-92267) to fund the $15,506,460.58 road and non-utility related portions of this contract. Resolution 06-52 was passed on October 15, 2006, establishing the City's intent to reimburse certain Stormwater Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-52. To fund the stormwater portion of the contract first quarter amendments will transfer budget and 02 Stormwater Revenue Bond proceeds of $644,353.60 from 0377-96154, Alligator Creek Drainage Improvements and $271,316.06 from 0377-96152, Lake Bellevue Stormwater Improvements to 0377-92267, Beach Walk. Corresponding first quarter amendments will transfer budget only for 08 Stormwater Revenue Bond proceeds from 0380-92267, Beach Walk of $644,353.60 to 0380-96154, Alligator Creek Drainage Improvements and $271,316.06 to 0380-96152, Lake Bellevue Stormwater Improvements to replace 02 bond proceeds taken for Beach Walk. Resolution 06-53 was passed on October 15, 2006, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. First quarter amendments will transfer budget and revenue of $616,769.69 from the 02 Water & Sewer Revenue Bond project 0343-96665, Sanitary Sewer R&R, of $236,632.33 from the 06 Water & Sewer Revenue Bond project 0378-96665, Sanitary Sewer R&R and of $271,933.23 from the 08 Water & Sewer Revenue Bond project, 0376-96665, Sanitary Sewer R&R, to the respective Beach Walk project in each of those funds (0343-92267, 0378-92267 & 0376-92267). Charge codes for the non-utility funding are (utility charge codes are in the budget section below): Appropriation Code Amount 0362-92267-563700-541-000-0000 $ 8,746,984.26 0315-92267- 563700-541-000-0000 $ 6,759,476.320377-92267-563700-539-000-0000 $ 915,669.66 In response to questions, Public Works Administrator Mahshid Arasteh said Gulf Boulevard will not be closed until Coronado is ready for traffic. Savings from the original estimate are approximately $1.3 million. Staff is working with the fountain manufacturer regarding maintenance. One citizen expressed concern regarding total cost. Finance Director Margie Simmons said the total cost is estimated to be $30,347,000, which includes $13,000 from grants/utilities contributions, $17 million from bonding and $3.1 million contribution from the Patel project. City Attorney Pam Akin said the Patel Project has not paid the contribution to date; must pay by April 2007. Mayor Hibbard thanked Congressman C.W. Bill Young for his assistance. Council 2006-12-14 22 Councilmember Petersen moved to award a contract to David Nelson Construction Company of Palm Harbor, Florida for construction of Beach Walk Phases Two through Four (03-0079-ED) in the amount of $12,389,582.65 which is the lowest responsive base bid received in accordance with the plans and specifications; and award alternate bid items one through eight in the amount of $3,929,543.10 for a total contract amount of $16,319,125.75; and approve a work order to Post, Buckley, Schuh & Jernigan, Inc. for construction engineering and inspection services in the amount of $1,228,339.74 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 12. City Attorney Reports 12.1 Pass Ordinance No. 7777-07 on first readinQ, amendinQ the Charter to allow for boat slips to be built and operated at the Clearwater bav front; settinQ out the form of the ballot question; and settinQ the date of March 13, 2007 for the election for the referendum vote. The City of Clearwater has experienced a loss of wetslips and drystacks due to private redevelopment. The Pinellas County Boating Access Task Force documented a loss of 341 wetslips and 960 drystack racks in Pinellas County from 1996 to 2005. The City Marina waiting list has been capped and demand for boat slips continues to grow. The Downtown Plan contemplates and encourages boat slips, docks and promenades on the waterfront, and provision for such facilities is consistent with said Plan as well as the City of Clearwater's Comprehensive Plan. Pursuant to direction from the City Council, a feasibility study was conducted and the results were presented at the July 18, 2006 Council meeting. A referendum election is necessary to amend the Charter to allow for the building and maintenance of such amenities. Four citizens expressed concerns with proposed ballot language. In response to questions, Assistant City Manager Rod Irwin said current plans do not expand the existing 600 square foot building but expansion of restroom facilities may be needed in the future. Therefore, the ballot requests approval of 1200 square feet. An independent consultant developed a 40-year cash flow analysis that is available on the City's website. Discussion ensued. It was commented that the boat slips will generate funds to pay bonds, be financed by those renting slips and will not impact property taxes. The Marine Advisory Board supports the initiative. Councilmember Doran moved to pass Ordinance No. 7777-07 on first reading, amending the Charter to allow for boat slips to be built and operated at the Clearwater bay front; setting out the form of the ballot question; and setting the date of March 13,2007 for the election for the referendum vote. The motion was duly seconded and carried unanimously. Ordinance 7777-07 was presented on first reading and read by title only. Councilmember Johnson move to pass Ordinance 7777-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. Council 2006-12-14 23 "Nays": None 12.2 Approve an aQreement with Sandpearl Resort, LLC providinQ for the construction and operation of shared boat dock facilities pursuant to the Development AQreement that was approved on Januarv 26, 2005, and authorize appropriate officials to execute same. (consent) The City of Clearwater and Developer have entered into a Development Agreement for Property in the City of Clearwater dated January 26, 2005. Section 5.03.10 of the Development Agreement provides for the City and Developer to enter into an agreement providing for the construction of shared boat docking facilities within a boat basin adjoining City owned upland property. The Boat Docking Facilities are contemplated to include a central pier, finger piers and associated pilings, which will accommodate a maximum of 54 boat slips. The Developer and its designated successors and assigns shall have the right to utilize exclusively 33 of the Boat Slips which are identified on the Site Plan and the finger piers containing the Developer Slips. The City shall have the right to control the use of the central pier, the 21 remaining Boat Slips and the finger piers containing the City Slips. The City shall have the right to utilize the City Slips during the term of this Agreement for day docking or for any other purpose. Boats shall not be permitted to occupy the City Slips during the period each night between midnight and 5:00 a.m., except in an emergency or as authorized by the City Harbor Master. The foregoing restriction on overnight use of the City Slips shall not be applicable to a fireboat or other boats operated by the City or other municipal or governmental entities for public purposes. The Developer shall have the right to install gates or other access control improvements on the finger piers containing the Developer Slips and the right to install boat lifts in the Developer Slips. The Developer shall have the right, at its expense, to install water and electric lines serving the Developer Slips and the City shall cooperate as to extension and connection of such utilities. All utilities provided to the Developer Boat Slips shall be separately metered and Developer shall pay all utility connection and usage charges. Developer shall also provide lighting for the Boat Docking Facilities and pay all electric expenses as to such lighting. Utilities shall not be provided by Developer to the City Slips, provided, that at the request of the City, utilities (water and electric) shall be provided to City Slips to be used by Governmental Vessels and City shall reimburse Developer for additional expenses incurred by Developer as to such utilities. The Developer shall provide and pay for all maintenance and repair costs for the Boat Docking Facilities. Developer shall also provide, at its expense, for all required trash removal from the Boat Docking Facilities. All normal operating expenses incurred by Developer as to the Boat Docking Facilities including maintenance, repairs, insurance premiums and cost of trash removal excluding utilities provided to Developer Slips are collectively referred to as the Common Expenses. Developer shall comply with minimum maintenance standards as provided in the agreement. Use of the Developer Boat Slips shall be limited to owners, tenants and guests (including Beach Club members) of the Project and other owners and tenants that own or lease residences within the geographical area bordered on the West by the Gulf of Mexico, on the East by Clearwater Bay, on the North by Rockaway Street and on the South by Papaya Street. Any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall be limited to such owners, tenants and guests and all subleases or assignments shall expressly prohibit parking on the City Property during use of the Developer Boat Slips. During the term of this Agreement, Developer shall provide a shuttle service to the Boat Docking Facilities from the Project. Developer shall also provide at the Project an employee assigned to respond to problems at the Boat Docking Facilities on a 24 houri 7 day per week Council 2006-12-14 24 basis. Neither the City nor Developer shall have any obligation to provide on-site security at the Boat Docking Facilities. The Developer shall pay City as rental for the Leased Premises, annual rental in the initial amount of $5,435.83 commencing on the date that the Boat Docking Facilities are completed and authorized for occupancy by the City ("Lease Commencement Date"). City shall pay to the Developer its proportionate share of Common Expenses relating to the Boat Docking Facilities based on a percentage determined by dividing the number of City Slips by the total number of Boat Slips in the Boat Docking Facilities. Developer shall invoice the City annually at the end of each lease year for City's Share of Common Expenses, such invoice to include an itemized statement of Common Expenses. Notwithstanding the foregoing, in no event shall City's Share of Common Expenses for any lease year exceed the amount of annual rental due from Developer to City. Developer shall bear the full amount of City's Share of Common Expenses in excess of the annual rental amount due to City. Eleven citizens expressed concerns and opposed approving agreement. Sand pearl Resort representative Ed Armstrong reviewed the negotiation process and how the project is consistent with Beach by Design. Developer Mike Cheezum reviewed planning and permitting process. In response to questions, City Attorney Pam Akin said in the proposed agreement the City owns the boat slips, subject to rights of lease, and will have the option to buyout at any time. Should the City choose not to renew, the City will pay what the developer invested; maximum amortization is $1.2 million. The submerged lands area is not open space and will not require a referendum. Project Consultant Tom Horn said the distance between the southern most slip and Belle Harbor slips is in excess of 60 feet. No dredging will be required. Marine and Aviation Director Bill Morris said the Marine Advisory Board is working on a waterway comprehensive plan that will address boat slip and signage issues. City will be responsible for inspecting the marina, developer is responsible for maintenance and safety. Discussion ensued. It was noted the proposal provides public docks, will be constructed at Sand Pearl's expense and once constructed will belong to the City. Consensus to make the following changes to the agreement: no gas to be carried to boats, facility will be entirely gated, facility will close from midnight to 5 a.m., no covers or roofs will be allowed on the slips, no more than 50% of the private slips can have a lift, with no lifts on the 40 foot slips and lifts being low profile. Councilmember Johnson moved to approve an agreement as amemded with Sandpearl Resort, LLC providing for the construction and operation of shared boat dock facilities pursuant Council 2006-12-14 25 . . . to the Development Agreement that was approved on January 26, 2005, and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. 13. City Manager Verbal Reports 14. Council Discussion Items 14.1 Retention of tapes - Jonson Discussion of Item 14.1 was delayed. 15. Other Council Action Councilmembers reported on events in which they recently participated; reviewed upcoming events; and wished all happy holidays. Petersen reported that the City's Annual Calendar won two awards. Jonson reviewed the Florida League of Cities' Blue Ribbon Task Force duties and reported that his appointment will need to be filled upon completion of his term. Vice-Mayor Petersen requested information regarding meeting dates. Jonson expressed concern on how the Penny for Pinellas 3 will be appropriated and requested information be provided, congratulated Fire Medic Lt. Stanley Loveday for Firefighter of the Year award. Johnson thanked the Council for the opportunity to fill Interim Councilmember position. Hibbard congratulated City Attorney Pam Akin and Finance Director Margie Simmons for being finalists in Florida League of Cities Excellence Awards, and thanked Duke Tieman for his efforts in Lake Belleview. Attornev/Client Session - Franco v. City City Attorney Pam Akin requested an Attorney/Client Session for January 18, 2007 at 5:00 p.m. on January 18, 2007 at 5:00 p.m. 16. Adjourn The meeting adjourned at 10:16 p.m. Attest: ~,,/ ~ --MsYor City of Clearwater c~~c& Cie,erk. .. . Atq ,DOn_ - Council 2006-12-14 26