CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 18, 2010

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1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 18, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Also present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Imam Imamovic of the Bosnian Muslim Association. 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 4.1 Service Awards One service award was presented to a city employee. 4.2 Diversity Leadership Council Poster Contest Winners 4.3 Presentation of Menorah by Rabbi Shmuel Reich 4.4 Make a Difference Fishing Tournament Day Proclamation 5. Approval of Minutes 5.1 Approve the minutes of the August 5, 2010 City Council Meeting as submitted in

2 written summation by the City Clerk. Vice Mayor John Doran moved to approve the minutes of the August 5, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Mike Riordon suggested contracting an independent individual to gather and analyze data regarding city fees and services provided. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the applicant s request to vacate a portion of a drainage and utility easement located on the applicant s property, 2355 Wetherington Road, as more particularly described in the ordinance and approve Ordinance on first reading. (VAC Lightner) The applicant is seeking vacation of a portion of the drainage and utility easement to enable the installation of brick paver decks and walkways that are not otherwise permitted to be placed in an easement. Bright House Networks, Verizon, Progress Energy and Knology have no objections to the vacation requested. The City has no facilities in the easement portion to be vacated. The Engineering Department has no objection to the vacation request. Councilmember Paul Gibson moved to approve the applicant s request to vacate a portion of a drainage and utility easement located on the applicant s property, 2355 Wetherington Road, as more particularly described in the ordinance. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was:

3 7.2 Approve amendments to the Clearwater Downtown Redevelopment Plan and pass Ordinance on first reading. City Council requested that the Planning and Development Department evaluate the potential for outdoor display of bicycles along the Pinellas Trail within Downtown and expand the uses allowed for the Clearwater Gas property in the Old Bay Character District. Based on the research conducted and the direction provided by Council, the Planning and Development Department is recommending the following amendments to the Clearwater Downtown Redevelopment Plan: 1) The outdoor display of bicycles may be permitted in conjunction with retail bicycle uses abutting the Pinellas Trail. Such display areas shall not be located within the sight visibility triangle, in landscaped areas or in required parking spaces and may only occur during business hours. 2) Properties located on Myrtle Avenue or Drew Street east of the Pinellas Trail may retain their current functions and/or transition to a variety of uses including offices, retail, medical facilities, governmental uses and mixed use development. Redevelopment of these properties should include a connection to the Pinellas Trail and if deemed appropriate, be supportive of transit whether it be rail or bus service. Proposed Ordinance contains two amendments to Chapter 3 Land Use/Redevelopment Plan of the Clearwater Downtown Redevelopment Plan. One amendment adds a new Policy to the overall Goals, Objectives and Policies section of the Plan to permit outdoor bicycle display in limited locations within Downtown. The other amendment revises the Uses section of the Old Bay District to allow a broad range of uses for property located in the Old Bay Character District that front on either Drew Street east of the CSX railroad lines or on Myrtle Avenue. At its meeting on July 20, 2010, the Community Development Board reviewed and unanimously recommended approval of the proposed amendments to the Clearwater Downtown Redevelopment Plan. One individual spoke in support and requested that it be allowed throughout the city. Vice Mayor John Doran moved to approve amendments to the Clearwater Downtown Redevelopment Plan. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember George N.

4 Cretekos moved to pass Ordinance on first reading. The motion was duly 7.3 Approve the Annexation, Initial Future Land Use Map designation of Recreation/Open Space (R/OS) and initial Zoning Atlas designation of Open Space/Recreation (OS/R) District for 2271 Landmark Drive (East 965 feet of North ½ of Southeast ¼ of Section 32, Township 28 South, Range 16 East, less roads on North, East and South); and pass Ordinances , and on first reading.(anx ) This voluntary annexation petition involves a acre property consisting of one vacant parcel of land. It is located on the west side of Landmark Drive, approximately 650 feet south of Marlo Boulevard, directly south of Chautauqua Park East. The applicant (in this case City of Clearwater) is requesting this annexation as the City had bought this land in 2009 for the development of an equestrian park. The Planning and Development Department is requesting that 2.00 acres of abutting rights-of-way (Landmark Drive and an unnamed rightof-way) not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north, south and east. It is proposed that the property be assigned a Future Land Use Map designation of Recreation/Open Space (R/OS) and a zoning category of Open Space/Recreation (OS/R). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section E as follows: The City of Clearwater will provide domestic water and sanitary sewer lines to the property when necessary to support any permanent structures on the site. Collection of solid waste will be provided by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facility levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code.

5 The proposed Recreation/Open Space (R/OS) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits public/private open spaces, parks, and recreation facilities. The proposed zoning district to be assigned to the property is the Open Space/Recreation (OS/R) 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 The property proposed for annexation is contiguous to existing City boundaries to the north, south and east; therefore, the annexation is consistent with Florida Statutes Chapter Councilmember Paul Gibson moved to approve the Annexation, Initial Future Land Use Map designation of Recreation/Open Space (R/OS) and initial Zoning Atlas designation of Open Space/Recreation (OS/R) District for 2271 Landmark Drive (East 965 feet of North ½ of Southeast ¼ of Section 32, Township 28 South, Range 16 East, less roads on North, East and South). The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance on first reading. The motion was duly Ordinance was presented and read by title only. Vice Mayor John Doran moved to pass Ordinance on first reading. The motion was duly Ordinance was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance on first reading. The motion was duly

6 7.4 Approve the Annexation, Initial Future Land Use Map Designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1824 and 1848 Carlton Drive, 1807, 1812, and 1830 Diane Drive, 1720 and 1759 El Trinidad Drive, 1729 Evans Drive, 1704, 1713, 1751, and 1754 Grove Drive, 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive, 1818, 1825, and 1830 Marilyn Drive, 2762, 2784, 2794, and 2798 Morningside Drive, 1825 Skyland Drive, 2773 Terrace Drive, 1715, 1725, 1728, and 1736 Thomas Drive, 1810, 1818, 1819, 1826, 1827, 1834, 1835 and 1842 Winwood Drive and Initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and Initial Zoning Atlas designation of Low Medium Density Residential (LMDR) for 2773, 2777, 2781, 2785, 2789, 2793, and 2797 Morningside Drive, 2700 SR 590, 2746 and 2752 Terrace Drive (parcels from the Carlton Terrace, Carlton Terrace 1st Addition, Virginia Grove Terrace, Virginia Grove Terrace 1st Addition, Virginia Grove Terrace 3rd Addition, Virginia Grove Terrace 4th Addition, and Winwood Subdivisions in Section 05, Township 29 South, Range 16 East); and pass Ordinances , and on first reading.(ata ) The City of Clearwater Planning and Development Department has identified an area within the City s Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of S.R. 590 and south of South Drive. Subdivisions in this area include Virginia Grove Terrace, Diane Heights, Winwood and Carlton Terrace. The Department has identified 189 properties that could be annexed through a phased approach over the next several years. This application, which has been identified as Phase A of the overall annexation project, includes 49 of the 189 properties. Current or previous owners of these properties entered into ATAs to obtain sanitary sewer service between 1985 and The Planning and Development Department is initiating this project to bring the properties into the City s jurisdiction in compliance with the terms and conditions set forth in the Agreements. The subject properties are occupied by 48 detached dwellings and one group home with 10 residents on acres of land. It is proposed that the abutting Winwood Drive, Diane Drive, Evans Drive, Grove Drive, Morningside Drive and Thomas Drive right s -of-way not currently within the City limits also be annexed. It is proposed that the 49 properties be assigned a future land use map designation of Residential Low. A major drainage ditch traverses 10 of these properties and staff is also proposing that the Drainage Feature Overlay be applied to the properties consistent with the ditch boundaries. It is proposed that all parcels have a zoning designation of Low Medium Density Residential (LMDR). The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code

7 Section E as follows: The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed Residential Low (RL) and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5.0 units per acre. The Drainage Feature Overlay category proposed to be applied to ten properties (2773, 2777, 2781, 2785, 2789, 2793, and 2797 Morningside Drive, 2700 SR 590, 2746 and 2752 Terrace Drive) recognizes the drainage feature on the property but does not impact development potential. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District except for the property at 2700 SR 590, which is a group home with 10 or more residents. Community residential homes are permitted in the Low Medium Density Residential zoning district provided there are no more than six residents; therefore, the existing use will be nonconforming upon annexation. All of the properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore the annexations are consistent

8 with Florida Statutes Chapter In response to questions, Planning and Development Director Michael Delk said if the city does not provide sanitary sewer service, the homeowners would be on septic or private package plant. The current or previous property owner signed an agreement to annex. Once the propety is eligible to be annexed, the city will exercise the agreement. Assistant City Attorney Leslie Dougall-Sides said all agreement were 2-party agreements signed by the property owner or the developer. There was one property owner on Terrace Drive who did not receive suficient notice and not inlcuded in the annexation. In response to a concern, the City Attorney said the agreement to annex should show up on the title commitment. Six individuals spoke in opposition. In response to a concern, Mr. Delk said state law requires annexations to be contiguous to the corporate boundary of the city and may take a few years to achieve. City AuditorRobin Gomez reviewed fees property owners will assume when annexing into the city. Solid Waste and recycling surcharge will go away once annexed into Clearwater. Mr. Gomez said he checked fees for 30 of the 49 properties. Councilmember Paul Gibson moved to approve the Annexation, Initial Future Land Use Map Designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1824 and 1848 Carlton Drive, 1807, 1812, and 1830 Diane Drive, 1720 and 1759 El Trinidad Drive, 1729 Evans Drive, 1704, 1713, 1751, and 1754 Grove Drive, 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive, 1818, 1825, and 1830 Marilyn Drive, 2762, 2784, 2794, and 2798 Morningside Drive, 1825 Skyland Drive, 2773 Terrace Drive, 1715, 1725, 1728, and 1736 Thomas Drive, 1810, 1818, 1819, 1826, 1827, 1834, 1835 and 1842 Winwood Drive and Initial Future Land Use Map designation of Residential Low (RL) and Drainage Feature Overlay and Initial Zoning Atlas designation of Low Medium Density Residential (LMDR) for 2773, 2777, 2781, 2785, 2789, 2793, and 2797 Morningside Drive, 2700 SR 590, 2746 and 2752 Terrace Drive (parcels from the Carlton Terrace, Carlton Terrace 1st Addition, Virginia Grove Terrace, Virginia Grove Terrace 1st Addition, Virginia Grove Terrace 3rd Addition, Virginia Grove Terrace 4th Addition, and Winwood Subdivisions in Section 05, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance on first reading. The motion was duly

9 Ordinance was presented and read by title only. Vice Mayor John Doran moved to pass Ordinance on first reading. The motion was duly Ordinance was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance on first reading. The motion was duly The Council recessed from 7:45 p.m. to 7:54 p.m. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance on second reading, amending Chapter 30, Code of Ordinances, regarding parking enforcement, delinquent fines, collections, ticket dismissal, removal or rental of municipal parking for special purposes or valet parking operations, and modifying fees. Ordinance was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance on second and final reading. The motion was duly

10 8.2 Adopt Ordinance on second reading, amending the watering schedule for all water sources, adding Section , Code of Ordinances, establishing a general watering schedule during periods of no drought, and amending Section , regarding reclaimed water hours of use. Ordinance was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance on second and final reading. The motion was duly City Manager Reports 9. Consent Agenda 9.1 Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. in the amount of $155,214 to acquire and develop affordable housing units and authorize appropriate officials to execute same. (consent) Staff pulled item and will put on September 9, 2010 agenda. 9.2 Approve increasing an existing purchase order to Bright House Networks, Saint Petersburg, FL by $167,000, for a new total of $237,000, for internet and network services to various City facilities, extend the contract end date to September 30, 2013 and authorize the appropriate officials to execute same. (consent) 9.3 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $146,497.17, for a 12-month period beginning October 1, 2010 and ending September 30, (consent) 9.4 Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL for an amount not to exceed $250,000 for the purchase of Goodyear tires for city motorized equipment during the contract period September 1, 2010 through August 31, 2010 in accordance with Sec. 2.56(1)(d), Code of Ordinances - other governmental bid and authorize the appropriate officials to execute same. (consent)

11 9.5 Approve a Work Order in the amount of $205, to URS Corporation Southern (EOR), to provide professional engineering services for the design, permitting and bidding for Greenlea East-West Reclaimed Water Interconnect Project ( UT), and the appropriate officials be authorized to execute the same. (consent) 9.6 Accept a 5-foot Reclaimed Water Main and Utilities Easement over, under and across the East 5 feet of Lot 12, Renaissance Oaks, as conveyed by Larry and Mary McDonald in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.7 Approve Change Order 1 to Volt Telecom of Clearwater, Florida, for the Morningside Reclaimed Water System ( UT) construction contract in the amount of $234,165.96, and approve a work order to URS Corporation in the amount of $256,155 for additional Construction Engineering and Inspection (CEI) services for various reclaimed water expansion efforts, and the appropriate officials be authorized to execute same. (consent) 9.8 Approve Second Amendment to the Interlocal Agreement between Pinellas County and its NPDES Co-Permitees for the design, implementation, operation and maintenance of the ambient water quality-monitoring program at an annual cost to the City of $36,000 and authorize the appropriate officials to execute same. (consent) 9.9 Ratify and Confirm Change Order 3 to APAC, Southeast, Inc., of Lutz, Fl for the East Avenue Trail Connector - Turner Street to Drew Street ( EN) in the amount of $38,463.30, for debris removal on East Avenue from Pierce Street to Turner Street and restoration of Franklin Street Crossing. (consent) Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted, less Item 9.1, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Confirm the City Manager s appointment of Rosemarie Call, as City Clerk, to be effective August 30, Section 3.04 of the City Charter states: "The city manager shall appoint a city

12 clerk, which appointment must be confirmed by council prior to becoming effective." Cyndie Goudeau, City Clerk since August of 1985, is retiring. Rosemarie Call has been a member of the City Clerk's staff since October Rosemarie is well versed in the responsibilities of the City Clerk and other functions of the Official Records and Legislative Services Department. She has a Master's Degree in Public Administration and has been awarded the Certified Municipal Clerk designation by the International Institute of Municipal Clerks. She is working toward the Master Municipal Clerk designation. Council thanked City Clerk Cyndie Goudeau for her service and leadership to Clearwater and Leadership Pinellas and wished her well on her retirement. Vice Mayor John Doran moved to confirm the City Manager s appointment of Rosemarie Call, as City Clerk, to be effective August 30, The motion was duly seconded and carried unanimously. 11. City Attorney Reports 11.1 Amend Section 6.29, Code of Ordinances, to maintain the current closing hour of 2:00 a.m. for alcoholic beverage establishments and pass Ordinance on first reading. The Pinellas County Board of County Commissioners recently amended Sec of the Pinellas County Code of Ordinances to change the closing hours from 2:00 a.m. to 3:00 a.m. for business establishments, licensed or unlicensed, dealing in alcoholic beverages throughout Pinellas County, unless a municipality establishes shorter opening hours. In the interest of the public health, safety, and welfare, the Clearwater City Council wants to maintain the current closing hour of 2:00 a.m. for alcoholic beverage establishments. Concerns were expressed that while Council was not in favor of the County extending the clsoing hour to 3:00 a.m., now that it has and other cities are not opting out, it could cause more problems if Clearwater remains at the 2:00 a.m. closing. In response to a question, Assistant City Attorney Rob Surette said the city can adopt the proposed ordinance in six months if not adopted tonight. Fifteen individuals spoke in opposition.

13 In response to questions, Police Chief Anthony Holloway said the department will need to adjust manpower if the closing hour is extended to 3:00 a.m. Concerns were expressed regarding the impact a 3:00 a.m. closing hour would have on neighborhoods. Councilmember Bill Jonson moved to decline amending Section 6.29, Code of Ordinances, to maintain the current closing hour of 2:00 a.m. for alcoholic beverage establishments. The motion was duly seconded and carried unanimously. Staff was directed to provide an assessment on 3:00 a.m. closing hour in one year and schedule discussion regarding outdoor music after midnight for next council meeting Authorize an increase in funding to outside counsel firm Bricklemyer, Smolker and Bolves in the amount of $200,000 for representation of this case through trial. In 2005, residents of the Pierce 100 condominium sued the City claiming the Memorial Causeway Bridge deprived them of their riparian and access rights, and sought a claim for inverse condemnation as well as damages. The City Attorney assigned the representation of this case to Jeffrey Hinds of Bricklemyer Smolker and Bolves, who specializes in such matters, and authorized funding of $100,000 at that time. It is likely that this case will go to trial in the next fiscal year. It has been estimated that the additional cost of representation through trial will require an additional $200,000, due to the likelihood of extensive discovery requirements. The additional funding in the amount of $200,000 is available in the Professional Services budget of the City Attorney's Office. Vice Mayor John Doran moved to authorize an increase in funding to outside counsel firm Bricklemyer, Smolker and Bolves in the amount of $200,000 for representation of this case through trial. The motion was duly seconded and carried unanimously. 12. City Manager Verbal Reports - None. 13. Other Council Action - None. 14. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events.

14 15. Adjourn The meeting was adjourned at 8:54 p.m. Mayor City of Clearwater Attest City Clerk