Loading...
05/17/2007 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 17, 2007 Present: Frank Hibbard John Doran Carlen Petersen George N. Cretekos Paul Gibson Also present: William B. Horne II Rod Irwin Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor Vice-Mayor Councilmember Councilmember Councilmember (arrived 6:32) City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Peter Dembroski from Hope Presbyterian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 - Presentations 4.1 Proclamation: National Hurricane Preparedness Week - May 20 - 26, 2007 4.2 Proclamation: Public Works Week - May 20 - 26, 2007 4.3 Proclamation: Safe BoatinQ Week - May 19 - 25, 2007 4.4 Service Awards One service award was presented to a City employee. Mike Deegan, Clearwater Gas, was presented the May 2007 Employee of the Month award. 5 - Approval of Minutes 5.1 Approve the minutes of the May 3, 2007 City Council MeetinQ as submitted in written summation by the City Clerk. Councilmember Petersen moved to approve the minutes of the May 3, 2007 City Council meeting, as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Council 2007-05-17 1 Joan Hyer requested the City reconsider permitting the removal of trees from property in the Oak Hill subdivision and opposed locating the structure five-feet from the property line. Planning Director Michael Delk reviewed Code requirements and City efforts to save the trees. Permits to remove the smallest tree will not be issued as most of its trunk is on an abutting property. If the other two trees are removed, the applicant will be required to plant a replacement tree and make a contribution to the tree fund. John Wiser said the name "East Gateway" for downtown should be changed as the City's east gateway is near Tampa Bay; reported tomorrow is the last day of school; supported the property swap between the School Board and City for a bus compound. Sylvia Sheerer opposed reducing library hours and condition of City streets. Jerry Murphy requested the City act to stop fractional ownership of north beach properties, as it would increase short-term rental opportunities. Six residents spoke in opposition to proposed budget cuts that would close the Morningside Recreation Center. Eva Kunowska complained that construction of sidewalks in the Coronado right-of-way has limited access to her motel and blocked parking spaces. Public HearinQs - Not before 6:00 PM 7 - Administrative Public Hearings 7.1 Approve the Annexation, Initial Land Use Plan DesiQnation of Residential Urban (RU) and Initial ZoninQ Atlas DesiQnation of Low Medium Density Residential (LMDR) District for 1995 North Betty Lane (Lots 4,5, and 6, Block 0, Brooklawn in Sec. 3-29-15); and Pass Ordinances 7821-07,7822-07 and 7823-07 on first readinQ. This voluntary annexation petition involves a 0.355-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane, approximately 150 feet south of Woodlawn Terrace. The applicant is requesting this annexation in order to receive solid waste service from the City. The Planning Department is requesting the 0.09 acre of abutting North Betty Lane right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the west. 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). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows: 1) Sanitary sewer service is not currently available in this area; 2) Collection of solid waste will be provided by the City of Clearwater; 3) The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street; 4) Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue; 5) The City has adequate capacity to serve this property with solid waste, police, fire and EMS service; 6) The proposed annexation will not Council 2007-05-17 2 have an adverse effect on public facilities and their levels of service; 7) The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code; 8) The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre; 9) The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and 10) The property proposed for annexation is contiguous to existing municipal boundaries and is within the City's urban service area. Therefore the annexation is consistent with Section 6(1)(a) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas Planning Council staff has reviewed this annexation and no objections were raised. Councilmember Doran moved to approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1995 North Betty Lane (Lots 4,5, and 6, Block 0, Brooklawn in Sec. 3-29-15). The motion was duly seconded and carried unanimously. Ordinance 7821-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7821-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7822-07 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7822-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7823-07 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7823-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 8 - Quasi-judicial Public Hearings 8.1 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) CateQory to the Residential/Office Limited (R/OL) CateQory and a ZoninQ Atlas Amendment from the Council 2007-05-17 3 Medium Density Residential (MDR) District to the Office (0) District for property located at 2667 SR 590 (consistinQ of a portion of Sec. 8-29-16 in Metes and Bounds 22/01); and Pass Ordinances 7817-07 and 7818-07 on first readinQ. This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 0.76 acre in area located on the south side of SR 590, approximately 150 feet west of the intersection of SR 590 and Owen Drive. This property has a FLUP classification of Residential Urban (RU) and a zoning designation of Medium Density Residential (MDR). The applicant is requesting to amend the FLUP designation of the site to the Residential/Office Limited (R/OL) classification and to rezone the property to the Office (0) District in order to construct offices. 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. The application is a small-scale amendment and review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on April 17, 2007, and unanimously recommended approval of the Future Land Use Plan amendment. Councilmember Petersen moved to approve a Future Land Use Plan Amendment from the Residential Urban (RU) Category to the Residential/Office Limited (R/OL) Category and a Zoning Atlas Amendment from the Medium Density Residential (MDR) District to the Office (0) District for property located at 2667 SR 590 (consisting of a portion of Sec. 8-29-16 in Metes and Bounds 22/01. The motion was duly seconded and carried unanimously. Ordinance 7817-07 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7817-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, and Gibson. "Nays": None. Absent: Hibbard. Ordinance 7818-07 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7818-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. Council 2007-05-17 4 "Nays": None. 9 - Second Readings - Public Hearing 9.1 Continue second readinQ of Ordinance 7784-07, annexinQ 2212-2216 Drew Street, an unaddressed parcel. and 2205 Norman Drive to June 7,2007. AND 9.2 Continue second readinQ of Ordinance 7785-07 amendinQ the future land use plan element of the Comprehensive Plan for property at 2212-2216 Drew Street, an unaddressed parcel. and 2205 Norman Drive to June 7,2007. AND 9.3 Continue second readinQ of Ordinance 7786-07, zoninQ certain real property whose post office address is 2212-2216 Drew Street, an unaddressed parcel. and 2205 Norman Drive to June 7,2007. Councilmember Petersen moved to continue Items 9.1,9.2, and 9.3 to June 7,2007. The motion was duly seconded and carried unanimously. City ManaQer Reports 10 - Consent Agenda - Approved as submitted. 10.1 Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater FirefiQhters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 10.2 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal throuQh sale to the hiQhest bidder at the Tampa Machinery Auction, Tampa, Florida. ( consent) 10.3 Approve settlement of all claims of Robert Scott, in its entirety, to include medical. indemnity and attorney fees for the sum of $150,000, and the appropriate officials be authorized to execute same. (consent) 10.4 Establish Capital Improvement ProQram project 0315-96768, Rebate-Well, Lake, Pond IrriQation Abandonment, accordinQ to Ordinance 7778-07 adopted on May 3,2007. (consent) 10.5 Award the 2007 Street ResurfacinQ Contract (07 -0011-EN) to R. E. Purcell Construction of LarQo, Florida for the sum of $2,156,579.86, which is the lowest responsible bid, received in accordance with the plans and specifications. (consent) 10.6 Approve a Work Order in the amount of $126,705 with Grimail-Crawford Inc to desiQn the improvements to Court Street between Ft. Harrison Avenue and Oak Avenue and Chestnut Street between Ft. Harrison Avenue and Oak Avenue. (consent) Council 2007-05-17 5 10.7 Approve the final plat for "LAKEVIEW ROAD SUBDIVISION" located at 1365 Lakeview road, approximately 100 feet west of South Hillcrest Road. (consent) 10.8 Approve a Work Order in the amount of $280,229 to Jones Edmunds and Associates, Inc. (EOR), to provide professional enQineerinQ services for the desiQn, permittinQ and biddinQ for new centrifuQe dewaterinQ systems at the Marshall Street and Northeast Advanced Pollution Control Facilities (APCFs); and conversion of existinQ chlorine Qas and sulfur dioxide disinfection systems to liquid sodium hypochlorite and sodium bisulfite systems at the Marshall Street and East APCFs, authorize the appropriate officials to execute same and establish a new project for Liquid Disinfection. (consent) 10.9 Accept a 461.60 square-foot, more or less, Perpetual RiQht-of-Way, DrainaQe and Utility Easement conveyed by the McMahon Family Limited Partnership, a Florida limited partnership ("Grantor"), over, across and under a portion of the Northeast Quarter of Sec. 7-29-16, Qiven in consideration of receipt of $1,500 and the benefits to be derived therefrom. (consent) 10.10 Approve the Cooperative FundinQ AQreement Between Southwest Florida Water ManaQement District (SWFWMD) and the City of Clearwater for the Skycrest Reclaimed Water Project (L695) and the appropriate officials be authorized to execute the same. (consent) 10.11 Accept a 961 square-foot Multi-Use Trail Easement conveyed by First Church of Christ Scientist, Clearwater, Florida, Inc. ("Grantor") over and across a portion of Lot 5, Block 3, "MAP OF TURNERS SUBDIVISION NO.3", Qiven in consideration of receipt of $38,000 and the benefits to be derived therefrom. (consent) 10.12 Appoint Richard Packman to the Environmental Advisory Board with the term expirinQ on May 31. 2011. 10.13 Reappoint Lisa A. HUQhes in the advocate for low income housinQ cateQory to the NeiQhborhood and Affordable HousinQ Advisory Board (NAHAB) with the term expirinQ on May 31. 2011. (consent) Councilmember Doran moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11 - City Manager Verbal Reports - None. 12 - Council Discussion Items 12.1 AddressinQ Property Tax Reform Proposals City Clerk Cyndie Goudeau requested direction regarding City efforts to engage legislators and residents before the special session. Discussion ensued. The City Council encouraged residents to contact their legislators regarding property tax proposals while they are home before the special session. Council 2007-05-17 6 13 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events; congratulated City high school graduates. Mayor Hibbard recommended that Clearwater's not-for-profit agencies be allowed to make a five-minute presentation regarding offered services at City Council meetings. Consensus was to support. Mayor Hibbard reported the Clearwater Historical Society had requested relief from their water bill at the Plumb House. The City Attorney said the City cannot eliminate fees for services funded by bonds. Discussion ensued. Consensus was to disallow. Council member Doran suggested the City Council consider supplementing City revenues with sponsorship of City facilities. Consensus was to schedule discussion. He stated downtown is starting to receive dividends from the investments that have been made. 14 - Adjourn The meeting adjourned at 7:58 p.m. yor City of Clearwater Attest: Council 2007-05-17 7