01/31/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
January 31, 2007
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
J.B. Johnson Councilmember
William C. Jonson Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela Akin City Attorney
Cynthia E. Goudeau City Clerk
Rosemarie Call Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Rev. Jack Alwood from
Bethel Presbyterian Church offered the invocation. 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 Recycling Team Award
The Bi-Monthly Team Award was presented to the Solid Waste Department’s Recycling
Emergency Team: Tom King, Carl Swigart, Billy Buzzell, Tom Glenn, Peter Mavromatis, Scott
Rhodes, Barry Slack, Vincent Jones, Jamie Thomas, James Gearhart, John Chatman, Bobby
Matthews, Joe Hill, Tom Wilcox, Anthony Fanelli, and John Garakop.
4.2 Proclamation: Women's Heart Health Month – February 2007
5. Approval of Minutes
5.1 Approve the minutes of the January 18, 2007, City Council Meeting as submitted in
written summation by the City Clerk.
Regarding the January 18, 2007, minutes, Councilmember Doran said he had recused
himself on Item 7.3, but not on Item 7.4. He requested that the minutes reflect his vote of
approval of Item 7.4.
Councilmember Doran moved to approve the minutes of the regular meeting of January
18, 2007, as corrected: deleting Councilmember Doran’s recusal for Item 7.4 and changing
motioncarriedmotion
approval to read, “The was duly seconded and unanimously.” The was
carried
duly seconded and unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Council 2007-1-31 1
John Wiser supported the proposed land swap with Pinellas County School District to
construct a school bus depot.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve amendments to the Community Development Code relating to occupational
licenses and pass Ordinance 7725-07 on first reading.
On June 12, 2006, House Bill 1269 was signed into law, to be effective on January 1,
2007. This bill affects local governments by mandating the change of the wording of
“Occupational Licenses” to “Business Tax Receipts” and other related terms and language. The
proposed City Ordinance 7725-07 includes this required change in language in Part 1
Community Development Code, Article 3 Community Development Standards, Division 23,
Sections 3-2302, 3-2303, 3-2304, 3-2306, 3-2307, Article 4, Development Review and Other
Procedures, Division 2, Sections 4-202, 4-205, and Article 8 Definitions and Rules of
Construction, Section 8-102, Community Development Code and Building and Development
Regulations. This proposed ordinance was reviewed by the Community Development Board on
November 21, 2006 and recommended for approval.
Councilmember Johnson moved to approve amendments to the Community
motion
Development Code relating to occupational licenses. The was duly seconded and
carried
unanimously.
Ordinance 7725-07 was presented for first reading and read by title only.
motion
Councilmember Jonson moved to pass Ordinance 7725-07 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
7.2 Approve the applicant's request to vacate the north 5-feet of the 10-foot drainage and
utility easement lying along the south property line of Lot 37, Countryside Tract 90, Phase 1,
(a.k.a. 2773 Merlin Way), and pass Ordinance 7783-07 on first reading. (VAC2006-13
McNamara).
The applicant has received flexible development approval to construct a swimming pool
and pool deck five feet from the rear property line rather than the 10-foot setback otherwise
required. A development order dated October 16, 2006, granted the setback reduction subject
to the applicant successfully vacating the north five feet of the drainage and utility easement
subject of this request.
Progress Energy, Verizon, Bright House Networks and Knology have no objections to
the vacation request. The City of Clearwater has no facilities in the easement and no future
need for the easement portion is anticipated. Public Works Administration has no objections to
the vacation request.
Councilmember Petersen moved to approve the applicant's request to vacate the north
5-feet of the 10-foot drainage and utility easement lying along the south property line of Lot 37,
Council 2007-1-31 2
motion
Countryside Tract 90, Phase 1, (a.k.a. 2773 Merlin Way). The was duly seconded and
carried
unanimously.
Ordinance 7783-07 was presented for first reading and read by title only.
motion
Councilmember Doran moved to pass Ordinance 7683-07 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
7.3 Approve the applicant's request to vacate the East 10 feet of the 25-foot drainage and
utility easement lying along the West property lines of Lots 12 through 19, inclusive,
Renaissance Oaks, (a.k.a. 2231, 2237, 2243, 2249, 2255, 2261, 2267, and 2273 Steven
Street), and approve Ordinance 7788-07 on first reading, (VAC2007-01 Renaissance Oaks,
LLC).
The applicant is seeking vacation of the subject easement portion in order to increase
the buildable area of the lots. The original drainage plan for the subdivision required the
installation of a swale in the rear yard of the subject lots. Engineering staff has reviewed and
approved the installation of a storm pipe instead of the swale, which allows the reduction in the
size of the drainage and utility easement needed and eliminates a swale in the rear yards.
Knology, Verizon, Brighthouse, and Progress Energy have no objections to the vacation
request. Public Works administration has no objections to the vacation request.
Councilmember Johnson moved to approve the applicant's request to vacate the East 10
feet of the 25-foot drainage and utility easement lying along the West property lines of Lots 12
through 19, inclusive, Renaissance Oaks, (a.k.a. 2231, 2237, 2243, 2249, 2255, 2261, 2267,
motioncarried
and 2273 Steven Street). The was duly seconded and unanimously.
Ordinance 7788-07 was presented for first reading and read by title only.
motion
Councilmember Jonson moved to pass Ordinance 7788-07 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
7.4 Continue the Development Agreement between Triangle Old Bay Holdings, LLC, and the
City of Clearwater and adoption of Resolution 07-02 to February 15, 2007. (DVA2006-00001)
Councilmember Petersen moved to continue Item 7.4 to February 15, 2007. The
motioncarried
was duly seconded and unanimously.
7.5 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) Category
to the Residential Medium (RM) Category for property located at 2060 Evergreen Avenue
(consisting of Lots 15 and 16, Lots 7 and 8, Lots 1 to 6 inclusive and Lots 9 to 14, inclusive,
Block I, Brooklawn Subdivision; and Pass Ordinance 7775-07 on first reading and withdraw
Ordinance 7776-07.
Council 2007-1-31 3
This Future Land Use Plan (FLUP) amendment and rezoning application involves
property comprising approximately 1.84 acres in area located approximately 350 feet south of
CR 600 (Union Street) and 300 feet west of Kings Highway. This property has a FLUP
classification of Residential Urban (RU) and a zoning designation of Medium Density
Residential (MDR). The applicant originally requested to amend both the FLUP classification
and a zoning designation for a different configuration of property at this general site. The
applicant then amended the request, to amend the FLUP designation of the site, as described
above, to the Residential Medium (RM) classification in order to use the property for 27 attached
residential units. The Planning Department recommended approval of the request.
The Planning Department determined that the proposed future land use plan
amendment and rezoning amendment, as recommended, are consistent with the following
standards specified in the Community Development Code: 1) The proposed land use plan
amendment and rezoning application are consistent with the Comprehensive Plan; 2) The
proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available
to serve the property; and 4) The applications will not have an adverse impact on the natural
environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
as the Countywide Planning Authority. Based on the size of the proposed plan category, the
application is a large-scale amendment and review and approval by the Florida Department of
Community Affairs is required.
Councilmember Doran moved to approve a Future Land Use Plan Amendment from the
Residential Urban (RU) Category to the Residential Medium (RM) Category for property located
at 2060 Evergreen Avenue (consisting of Lots 15 and 16, Lots 7 and 8, Lots 1 to 6 inclusive and
Lots 9 to 14, inclusive, Block I, Brooklawn Subdivision, and withdraw Ordinance 7776-07. The
motioncarried
was duly seconded and unanimously.
Ordinance 7775-07 was presented for first reading and read by title only.
motion
Councilmember Johnson moved to pass Ordinance 7775-07 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
7.6 Approve Amendments to Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines, revising the Marina Residential District provisions, and Pass Ordinance
7721-07 on first reading.
Member Doran declared a conflict of interest.
In 2001, the Clearwater City Council adopted Beach by Design: A Preliminary Design for
Clearwater Beach. This special area plan sets forth a series of strategies to revitalize
Clearwater Beach and establishes eight character districts that regulate land uses and the scale
of development. In August 2006, City Council imposed a six-month building moratorium for the
14-acre Marina Residential character district so the Planning Department could create a
redevelopment framework that better balances development incentives with the provision of
Council 2007-1-31 4
public amenities, allows greater flexibility with regard to uses and supports public access to the
waterfront.
Ordinance 7721-07 replaces the current Marina Residential District in its entirety and
proposes the following: 1) A new vision supporting the redevelopment of the Marina District into
a pedestrian and boater friendly destination with a variety of uses including overnight
accommodations, restaurants, commercial, mixed-use, redevelopment and water-oriented uses;
2) An activity center at the intersection of East Shore Drive and Papaya Street that only allows
overnight accommodations, commercial and mixed-use development. Stand-alone residential is
not permitted in this particular location; 3) Height incentives for redevelopment projects of
various sizes and uses if a public boardwalk and/or streetscape improvements are constructed;
4) Parking incentives for docks and preferred uses; 5) Vacating East Shore Drive if traffic
circulation, relocation of utilities and emergency access issues can be mitigated; and 6) Site and
architectural design criteria in addition to the provisions of the Community Development Code
and Beach by Design design guidelines.
The Planning Department has determined that the proposed amendment is consistent
with the provisions of the Clearwater Comprehensive Plan and the Community Development
Code. Refer to the staff report for further analysis and Ordinance 7721-07. The Community
Development Board reviewed the proposed amendments to Beach by Design: A Preliminary
Design for Clearwater Beach in its capacity as the Local Planning Agency (LPA) at its regularly
scheduled meeting on December 22, 2006, and recommended approval by a vote of 4:3.
Planning Director Michael Delk reported that staff met with a South Florida developer
who is interested in the Marina District and indicated a project’s viability will depend on cost of
assembling land. The developer did not take issue with development constraints or incentives.
Mr. Delk said most developer interest relates to overnight accommodations.
In response to questions, Building Official Kevin Garriott said FEMA (Federal Emergency
Management Agency) does not recognize flood proofing residential buildings. Mixed use
buildings can be flood proofed if the commercial component is on the ground level and the
residential units above.
Fifteen people addressed proposed amendments; ten opposing vacation of East Shore.
Discussion ensued. Concern was expressed that developers have not submitted a
unified plan.
Traffic Operations Manager Paul Bertels reviewed the Marina District evacuation plan.
Vacating East Shore would not diminish emergency vehicle service. Concern was expressed
regarding pedestrian safety on proposed slip lane. Mr. Bertels said the sidewalk on slip lane
can be marked with proper signage. Pedestrian sidewalks are planned for both sides of
Poinsettia.
In response to questions, Mr. Delk said the proposal attempts to balance incentives and
amenities. If consolidation occurs, greater setbacks could be granted in exchange for height. It
was noted that existing provisions allow smaller setbacks, greater heights and vacation of East
shore. It was also noted these changes are an effort to encourage over-night accommodations
rather than residential development.
Council 2007-1-31 5
Councilmember Petersen moved to accept the height incentives and required public
motion
amenities on page 6, including the table as presented. The was duly seconded.
Councilmembers Petersen, Jonson, Johnson, and Hibbard voted “Aye.” Member Doran
carried.
abstained. Motion
Discussion ensued regarding the language on page 5 under District Vision. It was noted
at Council direction, staff had added language to provide a focal point at Poinsettia and Papaya.
Councilmember Petersen moved to accept language on page 5, under District Vision,
that creates the focal point 200 feet north and 200 feet south of Papaya Street, limiting it to the
motion
district’s preferred uses, restaurants, retail, hotels, and/or mixed uses. The was duly
seconded.
Discussion ensued. It was questioned how developers feel about mixed-use on
Poinsettia and Papaya. Mr. Delk said staff did not discuss Poinsettia and Papaya specifically,
but did address retail and activity along the Boardwalk. Some residential uses will subsidize
mixed-uses where they are required.
Upon the vote being taken, Councilmembers Petersen, Jonson, Johnson, and Hibbard
carried.
voted “Aye.” Member Doran abstained. Motion
Mr. Delk said the proposed language provides the option to vacate East Shore if a
developer can assemble sufficient land; Beach by Design contemplates the vacation of East
Shore. A vacation would require City Council approval. It was noted that developers would
need to fund construction of the boardwalk, vacation of East Shore, and Poinsettia
improvements.
Councilmember Jonson moved to delete paragraph one of Additional Incentives Section
motion
on page six of ordinance. The was duly seconded. Councilmembers Jonson and
Mayor Hibbard voted “Aye”; Councilmembers Petersen and Johnson voted “Nay.”
failed.
Councilmember Doran abstained. Motion
Councilmember Jonson moved to substitute “contemplates” with “would permit the
consideration of,” in sentence two to add “on the beach” after traffic circulation, to add the word
“funding” after “utilities,” and to add “. . . and funding mechanisms are identified …” after
motion
mitigated. The was duly seconded. Councilmembers Petersen, Johnson, Jonson, and
carried.
Hibbard voted “Aye”; Councilmember Doran abstained. Motion
Councilmember Petersen moved to approve Amendments to Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines, revising the Marina
motion
Residential District provisions, as amended. The was duly seconded. Councilmembers
Petersen, Jonson, Johnson, and Hibbard voted “Aye”; Councilmember Doran abstained. Motion
carried.
Ordinance 7721-07, as amended, was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance 7721-07, as amended, on first reading. The
motion
was duly seconded and upon roll call, the vote was:
Council 2007-1-31 6
"Ayes": Petersen, Jonson, Johnson, and Hibbard.
"Nays": None.
Abstained: Doran.
Motion carried.
The Council recessed from 8:34 to 8:40 p.m.
7.7 Approve amendments to the Community Development Code to make the Tourist “T”
District consistent with Amendments to Beach by Design: A Preliminary Design for Clearwater
Beach and Design Guidelines and adopt Ordinance 7723-07 on first reading.
The Planning Department began a study of the Marina Residential District in 2006 as
directed by the City Council in order to address land use, development incentives, and to
examine public access and the potential for a working waterfront. In 2006, Ordinance 7660-06
was passed to establish a moratorium effective June 15, 2006 and expiring January 30, 2007,
imposed upon the Marina Residential District of Beach by Design.
Subsequent to the ideas generated by two public meetings and one meeting for Marina
District property owners and residents, recommendations were developed that included
changes to the Community Development Code, as set forth in these amendments, as well as
adding a future land use map and changes to Beach by Design.
Amendments to the Community Development Code were prepared to ensure that there
be no conflicts between the Tourist “T” District and Beach by Design. The Code amendments
are: Amendments to the Community Development Code Tourist “T” District, Tables 2-802 and
2-803 to enable flexibility of use, maximum height, minimum setbacks, and off-street parking
requirements, as provided by the Marina District within Beach by Design.
The Planning Department determined that the Code text amendments are: 1) consistent
with and further the goals, policies, and objectives of the Comprehensive Plan and 2) further the
purposes of the Code and other City ordinances and actions designed to implement the Plan.
The Community Development Board reviewed the proposed amendments at its regularly
scheduled meeting on December 19, 2006, and recommended approval.
Councilmember Doran moved to approve amendments to the Community Development
Code to make the Tourist “T” District consistent with Amendments to Beach by Design: A
motion
Preliminary Design for Clearwater Beach and Design Guidelines. The was duly
carried
seconded and unanimously.
Ordinance 7723-07 was presented for first reading and read by title only.
motion
Councilmember Johnson moved to pass Ordinance 7723-07 on first reading. The was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
8. Quasi-judicial Public Hearings
Council 2007-1-31 7
8.1 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 1761 Audrey Drive (Lot 40, Pinellas Terrace Subdivision
in Section 05-29-16); and Pass Ordinances 7755-07, 7756-07 and 7757-07 on first reading.
This annexation involves a 0.189-acre property consisting of one parcel, located on the
east side of Audrey Drive, approximately 840 feet north of SR 590 and 260 feet south of North
Terrace 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 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: 1) The proposed annexation will not have an adverse impact on public facilities and their
level of service; 2) ·The proposed annexation is consistent with the City's Comprehensive Plan,
the Countywide Plan and the Community Development Code; and 3) ·The proposed annexation
is located within an enclave and its annexation will reduce such enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff
in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no
objections have been raised. The Community Development Board reviewed this proposed
annexation at its regularly scheduled meeting on December 19, 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 1761 Audrey Drive (Lot
motion
40, Pinellas Terrace Subdivision in Section 05-29-16). The was duly seconded and
carried
unanimously.
Ordinance 7755-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7755-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Johnson, Doran, and Hibbard.
“Nays”: None.
Ordinance 7756-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7756-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
Council 2007-1-31 8
Ordinance 7757-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7757-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
8.2 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 1416 Regal Road (Lot 5, Solar Crest Subdivision in
Section 23-29-15); and Pass Ordinances 7758-07, 7759-07 and 7760-07 on first reading.
This annexation involves a 0.187-acre property consisting of one parcel, located on the
north side of Regal Road, approximately 320 feet east of Sunny Park Road and 554 feet west of
Braund Street. The property is contiguous with the existing City boundaries to the south;
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: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension of the city boundaries and does
not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff
in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no
objections have been raised. The Community Development Board reviewed this proposed
annexation at its regularly scheduled meeting on December 19, 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 1416 Regal Road (Lot 5,
motioncarried
Solar Crest Subdivision in Section 23-29-15). The was duly seconded and
unanimously.
Ordinance 7758-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7758-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
Council 2007-1-31 9
Ordinance 7759-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7759-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
Ordinance 7760-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7760-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
8.3 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 1236 Claire Drive (Lot 2, Block A, Stevenson’s Heights
Subdivision in Section 10-29-15); and Pass Ordinance 7761-07, 7762-07 and 7763-07 on first
reading.
This annexation involves a 0.157-acre property consisting of one parcel, located on the
north side of Claire Drive, approximately 120 feet west of North Betty Lane and 70 feet east of
Stockton 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: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension of the city boundaries and does
not create an enclave.
This annexation has been reviewed by the PPC County staff in accordance with the
provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been
raised. The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on December 19, 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 1236 Claire Drive (Lot 2,
Council 2007-1-31 10
motion
Block A, Stevenson’s Heights Subdivision in Section 10-29-15. The was duly seconded
carried
and unanimously.
Ordinance 7761-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7761-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
Ordinance 7762-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7762-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
Ordinance 7763-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7763-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
8.4 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 AE, Agricultural Estate Residential District to the City Low Medium
Density Residential (LMDR) District for 1891 CR 193 (Consisting of a portion of Section 5-29-16
in Metes and Bounds 41/02); and Pass Ordinance 7772-07, 7773-07 and 7774-07on first
reading.
This annexation involves a 2.283-acre property consisting of one parcel, which is located
approximately 500 feet south of the intersection of Sunset Point Road and CR 193. The
property is located within an enclave and is 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 UPARC group residential
home. 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 subject site is located within an enclave, is
contiguous to city boundaries and reduces the enclave.
Council 2007-1-31 11
This annexation has been reviewed by the PPC County staff in accordance with the
provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been
raised. The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on December 19, 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 AE, Agricultural Estate
Residential District to the City Low Medium Density Residential (LMDR) District for 1891 CR
motion
193 (Consisting of a portion of Section 5-29-16 in Metes and Bounds 41/02). The was
carried
duly seconded and unanimously.
Ordinance 7772-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7772-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
Ordinance 7773-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7773-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
Ordinance 7774-07 was presented for first reading and read by title only.
Councilmember Johnson moved to pass Ordinance 7774-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
9. Second Readings - Public Hearing
9.1 Continue Second Reading of Ordinance 7721-07 – Amendments to Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines, revising the Marina
Residential District provisions to February 15, 2007.
motion
Councilmember Jonson moved to continue Item 9.1 to February 15, 2007. The
carried
was duly seconded and unanimously.
9.2 Continue Second Reading of Ordinance 7723-07 – Amendments to the Community
Development Code to make the Tourist “T” District consistent with Amendments to Beach by
Design: A Preliminary Design for Clearwater Beach and Design Guidelines to February 15,
2007.
Council 2007-1-31 12
Councilmember Petersen moved to continue Item 9.2 to February 15, 2007. The
motioncarried
was duly seconded and unanimously.
9.3 Adopt Ordinance 7724-07 on second reading, approving amendments to the Code of
Ordinances relating to occupational licenses.
Ordinance 7724-07 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7724-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
9.4 Continue Second Reading of Ordinance 7725-07 - Amending the Community
Development Code relating to occupational licenses to February 15, 2007.
motion
Councilmember Johnson moved to continue Item 9.4 to February 15, 2007. The
carried
was duly seconded and unanimously.
9.5 Continue second reading of Ordinance 7769-07, repealing Ordinance 7613-06 in its
entirety and vacating a portion of Section 9, Township 29 South, Range 15 East, being a part of
the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and 3
of Jones Subdivision of Nicholson's Addition to Clearwater Harbor, three drainage and utility
easements and one ingress/egress easement, subject to applicant fulfilling enumerated
obligations, conditions and requirements to February 15, 2007.
motion
Councilmember Jonson moved to continue Item 9.5 to February 15, 2007. The
carried
was duly seconded and unanimously.
9.6 Adopt Ordinance 7770-07 on second reading, vacating the 5-foot utility easement lying
along the west property line of Lot 25, Bayside Subdivision No. 2, (A.K.A. 201 Brightwater
Drive).
Ordinance 7770-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7770-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
9.7 Adopt Ordinance 7771-07 on second reading, amending section 17.38 and repealing
section 17.39, Clearwater Code of Ordinances, and amending Appendix A, Article VIII,
Clearwater Code of Ordinances, to add a new schedule of fees for Fire and Life Safety
Inspections.
Ordinance 7771-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7771-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
Council 2007-1-31 13
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
9.8 Adopt Ordinance 7787-07 on second reading, amending Chapter 22, Article II, Section
22.21 of the City of Clearwater Code of Ordinances regarding Parks Rules as it relates to
adding a definition for “organized activities”, amending section 22.49 as it relates to dangerous
games and adding two subsections.
Ordinance 7787-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7787-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Petersen, Jonson, Doran, Johnson, and Hibbard.
“Nays”: None.
City Manager Reports
10. Consent Agenda
– Approved as submitted.
10.1 Approve a five-year extension agreement from February 1, 2007 through January 31,
2012, between the City of Clearwater and The Winning Inning Inc., for the use and operation of
the Jack Russell Memorial Stadium and Complex and the appropriate officials be authorized to
execute same. (consent)
10.2 Award a Contract for $555,916.00 to Parsons Water and Infrastructure, Inc. and its
subcontractors SDI Environmental Services, Inc., and Missimer Groundwater Science, Inc., to
provide production and monitoring well investigation services leading to the design and
construction of a new 3.5 million gallon per day (mgd) reverse osmosis (RO) plant at Reservoir
No. 2, and authorize the appropriate officials to execute same. (consent)
10.3 Revise the City Council Land Development Policy on Subdivsion Monuments to allow for
the construction and maintenance of features in a right-of-way if approved by the City Engineer.
(consent)
10.4 Approve agreement with Alcalde and Fay to provide lobbying services at the federal
level from 1/1/2007 to 12/31/2012 at a cost of $6,500 per month, plus expenses estimated at
$3,000 per year With increases of the CPI in the Third and fifth year of the contract and
authorize the appropriate officials to execute same. (consent)
10.5 Authorize settlement of Franco v. City of Clearwater, Case Number 04-2644-CI-15, for
$90,000. (consent)
10.6 Approve Change Order 1 to Westra Construction Corporation of Palmetto, Florida for the
"Beach By Design - Coronado Drive Improvements Project" (03-0079-ED) increasing the
contract amount by $979,955.25 for a new contract total of $10,830,208.47, increasing the
project budget by $979,955.25, approve a time extension of 59 days and authorize the
appropriate officials to execute same. (consent)
Council 2007-1-31 14
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
motion
appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
11. Other items on City Manager Reports
11.1 Adopt Resolution 07-06 supporting the proposed extension of the one-cent local
government infrastructure surtax, otherwise known as the Penny for Pinellas.
Councilmember Johnson moved to approve supporting the proposed extension of the
one-cent local government infrastructure surtax, otherwise known as the Penny for Pinellas.
motioncarried
The was duly seconded and unanimously.
Resolution 07-06 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution 07-06 and authorize the appropriate officials to execute same.
motion
The was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard.
"Nays": None.
11.2 Adopt Resolution 07-04, supporting the Florida League of Cities’ legislative issues.
The Florida League of Cities Board of Directors has asked each of Florida’s
municipalities to adopt a resolution that supports the League’s key priority issues during the
2007 State Legislative Session. The Resolution urges the Florida Legislature to support
legislation that: 1) Restores and maintains municipal home rule authority for municipalities
located within charter counties; 2) Supports a fair and equitable tax structure; 3) Provides a
dedicated and recurring source of revenue for municipalities to fund transportation projects; 4)
Provides a comprehensive and uniform workers’ compensation system for all municipal
employees; 5) Preserves the dedicated documentary stamp fees as a funding source for the
Sadowski Trust Fund and eliminates the cap placed on fund distribution; and 6) Requires
legislative authorization prior to the Florida Department of Transportation removing or delaying
any project that is contained in the FDOT Five-Year Work Plan.
Councilmember Petersen moved to approve supporting Florida League of Cities’
motioncarried
legislative issues. The was duly seconded and unanimously.
Resolution 07-04 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 07-04 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, Johnson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
12. City Manager Verbal Reports
12.1 Expected activities between now and March election.
Council 2007-1-31 15
The City Manager provided a list of anticipated activities.
13. Council Discussion Items
13.1 Travel Budget for Incoming Councilmembers
Due to action on Item 13.2, this is not an issue.
13.2 Special Meeting to Administer Oath to Incoming Councilmembers
Councilmember Jonson declared a conflict of interest.
Councilmember Petersen moved to schedule a Special Meeting to administer the oath to
motion
incoming Councilmembers on March 19, 2007. The was duly seconded.
Councilmembers Petersen, Johnson, Doran, and Hibbard voted “Aye”; Councilmember Jonson
carried.
abstained. Motion
Consensus was to reschedule the April 5, 2007, Council meeting to April 4, 2007.
13.3 Video Tape Retention
Discussion ensued regarding extending the retention of videotapes of Council meetings.
Councilmember Jonson moved to establish a Council policy requiring Council
videotapes be retained for eight years with a provision that they be retained “as is” after five
years. There was no second.
City Clerk Cyndie Goudeau noted that the State requires videotapes be retained for two
years; however ours are retained for five years, as that is how long public hearing files must be
retained. Requests for meeting tapes are rare.
In response to questions, C-View Station Manager Shawn Stafford said staff
discontinued recording VHS tapes in September 2006, when Granicus was retained for video
storage. It was noted that professional records managers recommend records not be kept
longer than required. Support was expressed for maintaining current policy.
14. Other Council Action
Councilmembers reported on events in which they recently participated; reviewed
upcoming events, congratulated John Wade for outreach center and Representative Jim Frische
for opening his office in Belleair.
Councilmember Petersen said the Sister Cities Advisory Board has selected two
teachers and four students for a one-month exchange program; wished Mahshid Arasteh well.
Councilmember Jonson expressed concern regarding streetlight and sidewalk
improvements and requested Council support to direct staff to get a cost estimate for streetlight
installation. Consensus was for staff to request cost estimates from Progress Energy.
Council 2007-1-31 16
Councilmember Jonson said the PST A (Pinellas Suncoast Transit Authority) Board had
voted against pursuing the Triangle proposal; brother-in-law passed away from a heart attack;
encouraged all to take better care of selves.
Councilmember Johnson reported a national survey rated Clearwater second highest in
pedestrian deaths and expressed need for better traffic enforcement.
Mayor Hibbard thanked the Charter Review Committee for their dedication; thanked
Councilmembers for their assistance while he was out of town.
15. Adjourn
The meeting adjourned at 9:59 p.m.
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Council 2007-1-31 17