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12/01/2003 CITY COMMISSION WORKSESSION 12/01/03 . . . . '-, . . . . . . . . ',' " 'j '" . ,.".. . WORK SESSION AGENDA Clearwater City Commission - 9:00 A.M. - Monday, December 1, 2003 PRESENTATION 1. Supervisory Training Certificates presented. (WS Only) FD FIRE 1. Appoint Frederick I. Ziegler to the remainder of a two-year term, expiring in May 2004, as a Trustee of the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (Consent) LIB LIBRARY 1. Approve increase to the North Greenwood Branch Library project budget in the amount of $10,235.06 to allow a final change order to Angle & Schmid, Inc. to be issued and payment made. (Consent) PC PUBLIC COMMUNICATIONS 1. Adopt Res 03-41, approving the transfer of Verizon Media Ventures Inc. Cable Television Franchise to Knology of Florida Broadband, Inc. and authorize the appropriate officials to execute same. 2. Approve a three-year lease agreement with 105 Capital in the amount of $36,000. (estimated) for Canon IR3200 high-speed color copier in accordance with State of Florida IT Contract #250-000-03-01. (Consent) PW PUBLIC WORKS 1. Public Hearing & First Reading Ord 7232-03 - Approve the applicant's request to vacate the 60-foot right-of-way of Allen Avenue from the southerly extension of the west property line of lot 15, Block B, Ackers Subdivision to the westerly right-of-way line of McMullen Booth Road (C.R. 611), subject to the retention of a drainage and utility easement over the full width of the right-of-way to be vacated and vacate the three foot utility easements lying along the rear lot lines of Lots 4 thru 15, inclusive, Block B, Ackers Subdivision, (A.K.A. 2730 McMullen Booth Road) (V2003-11 Hupp/McMullen) 2. Accept a 240 square foot sidewalk easement conveyed by First Church of Christ Scientist, Clearwater, Florida, Inc., for $1.00 and other consideration over and across the south 40 feet of the west six feet of lot 5, Block 3, A. C. Turners 3rd Addition. (Consent) 3. Approve Change Order No.4 and Final, decreasing Contract No 00-0029-UT, 2000 Reclaimed Utility Improvements, with A & L Underground, Inc. in the amount of $102,317.08 for a new contract total of $5,428,786.07; ratify and confirm April 10, 2003 payment of Invoice No. 14 to A & L Underground, Inc., in the amount of $53,024.72 and authorize the appropriate officials to execute same. (Consent) 12-01-03 Work Session Agenda 1 PLD PLANNING 1. First Reading Ord 7215-03 - Approve an amendment to the approved Park Place Development of Regional Impact (DRI) Development Order through the Notification of Proposed Change process by extending the build-out date of the DRI by five years to December 31, 2008. (A portion of Section 17-29-16). ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES 1. Library Board - 1 Appointment (Consent) 2. Enterprise Zone Development Agency - 2 Appointments (Consent) 3. Community Development Board - 1 Appointment (Consent) CA LEGAL DEPARTMENT 1. First Reading Ord 7235-03 . Submitting to the city electors proposed amendments to the City Charter amending Section 7.02; requiring the Commission to appoint a charter review advisory committee every six years; amending Section 8.04; eliminating specific requirements for fees, petition cards, and dates for qualifying as a candidate; making non-substantive grammatical, numbering, and organizational amendments to the City Charter. 2. First Reading Ord 7236-03 - Submitting to the city electors a proposed amendment to the City Charter amending Section 3.02(b) and 4.02(a); eliminating the ability of the City Manager and the City Attorney to require a public hearing prior to a vote of the Commission to remove them from office. 3. First Reading Ord 7237-03 - Submitting to the city electors a proposed amendment to the City Charter amending Sections 2.01 (d)(4), 2.01 (d)(5) and 2.01 (d)(6), which provides for limitations on Commission powers relating to city-owned real property. 4. First Reading Ord 7238-03 - Submitting to the city electors a proposed amendment to the City Charter amending Section 2.03; increasing the term of office for commissioners to four years; reducing the disqualification period from one term to two years for commissioners who are disqualified from running by term limits. Second Reading Ordinances 5. Ord No. 7201.()3 - Approve the Petition for Annexation of property located at 2386 Dora Drive (Lot 70, Rolling Heights in Sec. 7-29-16). ANX2003-08020 (Jeffery & Deanna Rogers) 6. Ord No. 7202-03 - Approve the land Use Plan Amendment from County Residential Low (Rl) to City Residential Low (RL) for 2386 Dora Drive (lot 70, Rolling Heights in Sec. 7-29-16). ANX2003-08020 (Jeffery & Deanna Rogers) 7. Ord No. 7203-03 - Approve Zoning Atlas Amendment from the County R-3, Single- Family Residential District, to the City lMDR, Low Medium Density Residential District for 2386 Dora Drive (Lot 70, Rolling Heights in Sec. 7-29-16). ANX2003-08020 (Jeffery & Deanna Rogers) 8. Ord No. 7204-03 - Approve the Annexation of property located at 2525 Druid Road (consisting of M&B 44/041 and a portion of Lot 3, Sever Park in. Sec18-29-16). ANX2003-08021 & LUZ2003-08006 (Tree Top at Druid) 12-01-03 Work Session Agenda 2 9. Ord No. 7205-03 - Approve the Land Use Plan Amendment from Residential Urban (RU) (County) and Residential/Office General (R/OG) to Residential Low Medium (RlM) and Preservation (P) for property located at 2525 Druid Road (consisting of M&B 44/041 and a portion of Lot 3, Sever Park in. Sec18-29-16). ANX2003-08021 & LUZ2003- 08006 (Tree Top at Druid) 10. Ord No. 7206-03 - Approve Zoning Atlas Amendment from C-2, General Retail, Commercial and limited Services District (County) and the 0, Office District to the MDR, Medium Density Residential District and the P, Preservation District for property located at 2525 Druid Road (consisting of M&B 44/041 and a portion of lot 3, Sever Park in. Sec18-29-16). ANX2003-08021 & lUZ2003-08006 (Tree Top at Druid) 11. Ord No. 7207-03 - Approve the Land Use Plan Amendment from Residential/Office General (R/OG) to Commercial General (CG) for property located at 1515 South Highland Avenue (consisting of a 1.16 acre portion of Parcel 1 of the Labelle Plaza Shopping Center, in Sec. 23-29-15). lUZ2003-08007 (LaBelle Plaza Shopping Center) 12. Ord No. 7208-03 - Approve Zoning Atlas Amendment from 0, Office District to the C, Commercial District for property located at 1515 South Highland Avenue (consisting of a 1.16 acre portion of Parcel 1 of the Labelle Plaza Shopping Center, in Sec. 23-29-15). LUZ2003-08007 (LaBelle Plaza Shopping Center) 13. Ord No. 7231-03 - Approve amendments to Chapter 3 land Use Plan/Redevelopment Plan regarding the attraction and development of a retail/entertainment complex; and Downtown strategies, the capital improvement plan and tax increment revenue projections sections of Chapter 4 Plan Implementation associated with the Plan. Other City Attorney Items City Manager Verbal Reports Commission Discussion Items 1. Staff representation on FLC Policy Committees - if a Commissioner should have a staff person or at least a backup for the Commissioner. - Jonson 2. Recommend that the Mayor present the Legislative Agenda at future Pinellas Delegation meetings. - Jonson 3. February 17 Legislative reception in Tallahassee - this falls on a Work Session day. - Jonson 4. Filling vacancies left by Commissioner Gray's resignation. Other Commission Action Adjourn Presentation for Thursday Night 1. "2003" Changing Neighborhood Award" - for it's ongoing dedication and commitment to our citizens while improving our neighborhoods. 12-01-03 Work Session Agenda 3 (I / /) \...- I.7'\... ORDINANCE NO. 7236-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS A Ql PROPOSED AMENDMENT TO THE CITY CHARTER /) : / AMENDING SECTION 3.02(b) AND 4.02(a); ELIMINATING / / /[i." r~O~~I~~~O O:E6~~EC~~U~~~~~RRI~~Dp~~~ i6rx 1 ~!(~ VOTE OF THE COMMISSION TO REMOVE THEM FROM. ~~ OFFICE; PROVIDING AN EFFECTIVE DATE. BE: IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 3.02(b) of the City Charter be amended as follows: Section 3.02. Appointment; removal; compensation. ..... (b) Removal. The commission may remove the city manager by an affirmative vote of four commission members or a majority of the commission members at two separate meetings held at least two weeks apart. Upon requost by the city manager, a public hearing will be hold prior to :I voto to romove the city manager. ***** Section 2. It is hereby proposed that Section 4.02(a) of the City Charter be amended as follows: Section 4.02. City attorney, appointment, removal, compensation, qualifications and duties. (a) Appointment. The city attorney shall be appointed by the affirmative vote of four commission members and may be removed by a majority of the members of the commission members voting for removal. Upon requo8t by the city attomey a public hearing will be held prior to a vote to remo~:e the city attorney. The city attorney shall be a member in good standing of The Florida Bar. Section 3. A referendum election is hereby called and will be held on March 9,2004, at the general city election for the consideration of the voters of the City of Clearwater for the proposed charter amendments. The question to appear on the referendum ballot reflecting the proposed amendment to the charter at the regular municipal election scheduled for March 9, 2004, shall be as follows: Ordinance No. 7236-03 . PUBLIC HEARING PRIOR TO REMOVAL OF CITY MANAGER OR CITY ATTORNEY FROM OFFICE Shall Sections 3.02(b) and 4.02(a) of the City Charter be amended as provided in Ordinance No. 7236-03 to eliminate the ability of the City Manager to require a public hearing prior to a vote of the Commission to remove him/her from office and to eliminate the ability of the City Attorney to require a public hearing prior to a vote of the Commission to remove him/her from office? YES NO For amendment to City Charter Against amendment to City Charter Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on March 9, 2004. Section 5. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst, Mayor-Commissioner Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk 2 Ordinance No. 7236-03