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02/05/2003 (2) '. '. ' I " , COMMISSION , City CommissiQn Minutes , . "'Date' ' .' O"d- 05'.03. '.' , , . '. , , , . , , ,. , ,+ . . . , , ' . , ," .:. .t . , , , ' , " . , . ' ," .. . , . , ." . - c. . . ',' I ',', ..' .' . , , .' '., c . .' . , . .. I , . ' I '. .... ~ . . , . " , . ','1, .: ,'. , . ., , . ,. , '.' ..' ,,' , r. " ' ;. . . .. ." . . '. r " '; , ,. . ~ . . , " , I . 'I J c . " ' . . , ' " , .' , , " , , , . " , , . . . . . l ' r , . . , . .:' . , . .' . ' , .' " c.. . c j. . , . ,0.1 I. . .. . 'l.'.,' .' , ." " , ' . . I' ',I .' ..., . . CITY COMMISSION MEETING CITY OF CLEARWATER February 5. 2003 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton . William C. Jonson Frank Hibbard . Mayor/Commissioner Vice-Mayor/Commissioner Commissioner. Commissioner , Commissioner ~Iso present: William B. Horne II Garry Brumback Ralph.Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant 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. Commissioner Hibbard offered the invocation. The Mayor led the Pledge of Allegiance and requested a Moment of . Silence in memory of Space Shuttle Columbia's astronauts and John Jenkins. ' To provide continuity for research, items are in agenda order although not necessarily discussed in that order. . , Pinellas County. Commissioner Ken Welch presented for consideration an amendment to , . , reduce the reckless and dangerous use of fireworksl an illegal activity. He said the' manufacturers of fireworks have a powerful lobby and oppose changes. The proposed amendment. based on a 1994 Polk County Ordinancel closes loopholes in State law. A review of focal 911 calls has indicated increased calls related to injuries and fire around the Fourth of July. The problem is Countywide. In response to a concern that citizens may want to use fireworks they ~Iready have in their possession. Commissioner Welch said law enforcement is interested in stopping the sale of fireworks. A vendor can be shut down if found to be in violation. He requested the City Commission, indicate support for this initiative. Fire Marshal Randy Hinder said the Fire Department responds to fireworks-related fires year round,' ,Commissioner Gray mov~d to bring Item #32 forward for consideration at this time.. The motion was duly seconded and carried unanimously. b) Presentation of "Poppy Day" kickoff poppy . , American Legion representatives ,distributed poppies and read the story of the poppy. Commission 2003-0205, 1 02-05-03 ,", ' . ' , ':' . .' ~",. " . " \ '.. ' . ,. .\ '., ' ." . . '.. I . '.' .. .' ,1 ", ~, . . . c) Nagano Teachers and Students Teachers and students. visiting from Nagano. Japan. were Introduced and made statements of thanks. . ITEM #4 - Proclamations: a) Library Appreciation Month - February 2003 b) Clearwater Marine Aquarium Week - February 10 - 16.2003. ITEM #5 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the regular meeting of January 23~ 2003. as recorded and submitted in written summation by the City Clerk to each '. Commissioner. The motion was duly seconded and carried unanimously. ITEM #6 - Citizens to be heard re items not on the Aqenda: Shirlev Moran complimented the Commission regarding the Mutual Aid agreement with Largo for law enforcement cooperation and the new dog park. PUBLIC HEARINGS ITEM #7 - Public HearinQ & First Readinq Ordinance 7060-03 approvinq the applicant's request to vacate the 16-foot allev lying along a line 2 feet west of and parallel to the west property line of Lot 6. Block 16. Map of Belleair. (A.K.A. 509 "011 Street), subject to the retention of a drainage and utility easement over the westerly 15 feet of the alley, (V2002-13 City of Clearwater) , . The subject request is to vacate the remaining 16 feet of an alley that previously was 18 feet in width; the easterly 2 feet of the alley, was vacated in 1984. The City requests this \-acation because a building at,509 "OltStreet encroaches approximately 3 inches into the alley. Approval will bring the property into' closer compliance with current zoning regulations. and provide incentive for improvements of the property. Staff has no objections, provided that the property owner of 509 uD" Street combines .the vacated and adjacent property with a unity of title declaration to reduce the extent of existing site nonconformities. Florida Power and Verizon . have no objections provided that an easement is retained over the full width of the alley. \'erizon Media Ventures and Time Warner Cable have no objections to the vacation request. Public Works Administration has no objections to the vacation request. , Commissioner Jonson moved to approve the applicant's request to vacate the 16-foot 311ey lying along a line 2 feet west of and parallel to the west property line of Lot 6. Block 16. Map of Belleair. (A.K.A. 509 "DIt Street). subject to the retention of a drainage and utility easement over the westerly 15 feet of the alley. The motion was duly seconded and carried 'Lmanimously. ' . The City Attorney pre'sented Ordinance #7060-03 for first reading and read it by title :>nly. Commissioner Hibbard moved to pass Ordinance #7060-03'on first reading. The motion , ,\'as duly seconded and upon roll call. the vote was: Commission 2003-0205 2 02-05-03 ,. . . "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None: Public Hearing - Second Reading Ordinances ITEM #8 - Ord 7064-03 - Approve the petition for Annexation for 1740 Raoland Avenue (Lot 5~, Clearwater Manor Subdivision) (Charlotte Sisk ANX2002-10017) The City'Attorney presented Ordinance #7064-03 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7064-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: nAyes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nayslt: None. ITEM #9 - Ord 7065-03 - Approve Land Use Plan Amendment from County Residential Low. (RL) to City Residential Low (RL) for 1740 Raoland Avenue (Lot 55, Clearwater Manor Subdivision) (Charlotte Sisk ANX2002-10017) The City Attorney presented Ordinance #7065-03 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7065-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: . "Ayeslt: Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays":. None. ITEM #10- Ord 7066-03 - Ap'prove Zoning Atlas Amendment from County R-3. Residential Sinqle-Family District. to City LMDR. Low Medium Density Residential District for 1740 Ragland Avenue, (Lot 55, Clearwater Manor Subdivision) (Charlotte Sisk ANX2002-10017) The City Attorney presented Ordinance #7066-03 for second reading and read it by title only. Comn:tissioner Gray moved to pass and adopt Ordinance #7066-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. ItNays": . None. ITEM #11 -' Ord7067-03 - Approve the petition for Annexation for 1925 Ashland Drive (Lot 51, Citrus Heights Manor First Addition) (Janet Ergang ANX2002-10018) The City Attorney presented Ordinance #7067-03 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7067-03 on second and final reading. The m~tionwas duly seconded and upon ~oll call, the vote was: Commission 2003-0205 3 02-05-03 . ~ . ., f ' ~ \ . . , . '\" \. , . 'I..... (' , i ~. . . . . . . ., '.Ayes": Gray, Hamilton. Jonson. Hibba,rd. and Aungst. "Nays": None. ITEM #12 - Ord 7068-03 - Approve the Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for 1925 Ashland Drive (Lot 51, Citrus Heights Manor First Addition) (Janet Ergang ANX2002..10018) The City Attorney pre sented'Ordinance #7068-03 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7068-03 on second and final reading. The motion was duty seconded and upon roll call. the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #13 - Ord 7069-03 - Approve the Zoning.Atlas Amendment from County R-3. Residential SinQle-Familv District. to City LMDR. Low Medium Density Residential District for 1925 Ashland Drive (Lot 51. Citrus Heights Manor First Addition) (Janet Ergang ANX2002-10018) The City Attorney presented Ordinance #7069-03 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7069-03 on second and final reading. .The motion was duly seconded and upon roll call. the vote was: "Ayes": Gray. Hamilton. Jonson. Hibbard. and Aungst. "Naysll: None. ITEM #14 - Ord 7070-03 - Approve the petition for Annexation for 2400 Varsity Drive (consisting of Metes and Bounds 42/02 in Section 7, Township 29 South, Range 16 East) (George Hunt. ANX2002-10016) The Mayor presented Ordinance #7070-03 for second reading and read it by title only. Commissioner Gray moved to' pass and adopt Ordinance #7070-03 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes~': Gray, Hamilton. Jonsont Hibbard. and Aungst. UNays~': None., , . ITEM #15 - Ord 7071-03 - Approve the Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) for 2400 Varsity Drive (consisting of Metes and. Bounds 42/02 in Section 7. Township 29 South. Range 16 East) (George Hunt ANX2002- 10016) .. The Mayor presented Ordinance #7071 ~03 for second reading and read it by title only. Commissioner. Hibbard moved to pass and adopt Ordinance #7071-03 on second and f1nat reading. The m.otion was duly seconded and upon roll call. the vote was: Conlmission 2003-0205 . 4 02-05-03 . . . "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #16 . Ord 7072-03 - Approve the Zoning Atlas Amendment from County A.E, Aaricultural Estate Residential District, to City LMDR. Low Medium Density Residential District for 2400 Varsity Drive (consisting of Metes and Bounds 42/02 in Section 7, Township 29 South, Range 16 East) (George Hunt ANX2002-10016) The Mayor presented Ordinance #7072-03 for second reading "and 'read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7072-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayeslt: Gray, Hamilton, Jonson, Hibbard, an'd Aungst "Nays": None. ITEM #17 - Ord 7091-03 - Approve the applicant's request to vacate the 5-foot drainaqe and utilitv easement lyinQ along the West property line of Lot E. Rollino' Heights Subdivision (A.K.A. 2316 Drew Street), less the north 20 feet thereof. (V2003-01 Drew Park LLC) The Mayor presented Ordinance #7091-03 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7091-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. '~Nays": None. ITEM #18 - Ord "7093-03 - Approve the petition for Annexation for property located at 107 Hampton Road (consisting of Metes and Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South, Range 16 East) (Limited Properties, Inc. & Hampton Road " Development Corp. ANX2002-12023 and LUZ2002-12013) The Mayor presented Ordinance #7093-03, for second reading and read it by title only. Commissioner Jonson moved to amend Ordinance #7093-03 to read as follows to "~rrect a scrivener's error, "An ordina~ce of the City of Clearwater, Florida, annexing certain real property located on the east side of Hampton Road, approximately 280 feet north of Gulf-to- Say Boulevard and 100 feet east of Hampton Road, consisting of Metes & Bounds 13/04 and a . ~rtion of 13/044 in Section 17. Township 29" South. Ranoe 16 East, whose Post Office address IS 107 Hampton Road, into the corporate limits of the City, and redefining the boundary lines of, . the City to include said addition; providing an effective date. The motion was duly seconded :!ind carried unanimously. .con,missioner Gray moved to pass and adopt Ordinance #7093-03 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: COf1l1nission 2003-0205 5 02-05-03 . . .. "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Navs": None. .. ITEM #19 - Ord 7094-03 - Approve the Land Use Plan Amendment from Residential Urban (RU) to ResidentiaVOffice Limited (RlOl) for property located at 107 Hampton Road (consisting of Metes and Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South. Range 16 East) (Limited Properties, Inc. & Hampton Road Development Corp. ANX2002-12023 and LUZ2002-12013) " The Mayor presented Ordinance #7094-03 for second reading and read it by title only. Commissioner Hibbard moved to amend Ordinance #7094-03 to read as follows to correct a scriveners error, uAn ordinance of the City of Clearwater, Florida, amending the Future land Use Plan element of the Comprehensive Plan of the City, to designate the Land Use for , certain real property located on the east side of Hampton Road, approximately 280 feet north of Gulf-to-Bay Boulevard and 100 feet east of Hampton Road, consisting of Metes & Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South, Ranoe 16 East. whose Post Office address is 107 Hampton Road, upon annexation into the City of Clearwater as Residential/Office Limited (RlOl); providing an effective date. The motion was duly seconded and carried unanimously. Commissioner Hamilton moved to pass and adopt Ordinance #7094-03. as amended. on second and final reading. The motion was duly seconded and upon roll call, the vote was: ,', .'Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #20 - Ord 7095-03 .. Approve the Zonina Atlas Amendment from County Zonina A-E~ " Aoricultural Estate Residential District to City O. Office District for property located at 107 Hampton Road (consisting of Metes and Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South. Range 16 East) (Limited Properties, Inc. & Hampton Road Development Corp. ANX2002-12023 and LUZ2002..12013) The Mayor presented Ordinance #7095~03 for second reading and read it by title only. Commissioner Jonson moved to amend Ordinance #7095-03 to read as follows to correct a scriveners error. "An ordinance of the City of Clearwater, Florida, amending the Zoning Atlas of the City by zoning certain property located on the east side of Hampton Road, approximately 280 feet north of Gulf-tci-Bay Boulevard and 100 feet east of Hampton Road, consisting of Metes & Bounds 13/04 and a portion of 13/044 in Section 17. Township 29 South, Ranae'16 East, whose Post 9ffice address is 107 Hampton Road, "into the corporate limits of the City, upon annexa,tion into the City of Clearwater, as Office (0); providing an effective date. The motion was duly seconded and carried unanimously. Commissioner Gray moved to pass and adopt Ordinance #7095-03 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: Commission 200~0205 6 02-05-03 .',. '\ . '. '. \' " , ' .... " ,: -I .' I r > : t. '. I. . . ... " .: ". . .. ~ .... . . . .' ";.: ~ . .' . . . . . "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #21-30) - Approved as submitted less Item #30. Consent Agenda items require no formal public hearing and are subJect to approval by a single motion. However, any City,Commissioner or the City Manager may remove an item from the Co.nsent Agenda for discussion and individual vote. ' ITEM #21 - Approval of Purchases per Purchasinq Memorandum: a) Tampa Bay Engineering Group, Clearwater, Florida, engineering service for drainage improvements along Canterbury Road from Jeffords 51. to Allen's Creek for $69,138. (EN) ITEM #22 -Approve the aareemenUloan with Mt. Carmel Communitv Development Corporation of Clearwater, Inc., in the amount of $445,000 to use Community Development Block Grant and HOME Investment Partnership Program funds for the acquisition of real property and development of an elderly rental community in the North Greenwood Area. ITEM #23 - Authorize settlement of the workers' compensation claim of Claimant. Edwin Feldhaus, in its entirety to include medical, indemnity and attorney fees for the sum of $80,000. ITEM #24 - Approve the appropriation and transfer of $450.000 of the unrestricted fund balance of the General Fund to the Harborview Center Fund to eliminate the deficit net current asset balance at 9/30/02. ITEM #25 - Authorize lease purchase financinq for a digital photo identity card system and award a contract to Diversified Business Machines. Inc. in the amount of $107,847.03 and increase capital improvement budget by $14,000 from $94,000 to $108,000. ITEM #26 - Approve increasinq contract to Lunz Prebor Fowler Architects of Lakeland, Florida in the amount of $27 ;000 from $192,313 to $219.313 to expand the scope for the design and permitting of the skate park at the Ross Norton Park Recreation and Aquatics Center. ITEM #27 - Accept a perpetual 35-foot drainage and utilitv easement dated October 1, 2002 over and across a portion of Block "V', Hibiscus Gardens conveyed by Dennis Melucci and Sandra \No Melucci. ITEM #28 - Authorize an increase of $10,000 to the monetary limit on the contract with the firm of John Fernandez for outside counsel services related to representation in Crouch v. City.Qf Clearwater, et ai, Case No. 93-2860-CI-21, including any interlocutory appeal 'proceedings; for a new contract total of $ 90,000. ITEM #29 - Approve the collective'baraainlnQ aQreement as neQotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2002/03, '2003/04. and 2004/05. Commission 2003-0205 7 02-05-03 . . '. ITEM #30 - See page 8 Commissioner Hamilton moved to approve the Consent Agenda as submitted less Item #30. and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. In reference to Item #29. CWA (Communication Workers of America) Local President Steve Sarnoff said this contract was approved four months after the last contract expired and requested next time. negotiations begin earlier. He thanked the City Commission for its support, and looked forward to rebuilding a relationship with City administration. ITEM #30 ~ Community Development Board - 2 Appointments , Commissioner Gray moved to reappoint David Gildersleeve and Edward Mazur, Jr. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #31 - Adopt Res 03..08 to approve a Joint-Project Agreement with the State of Florida's Department of Transportation to install natural (las mains during improvement project. FPN:256336-1~52-01/WPI. No. 7115979/SPN: 14570~3518/Pasco County. SR 54, from Mitchell Road to Gunn Highway. at an estimated cost of $300.150. ' FOOT (Florida Department of Transportation) has a project to widen/improve SR 54 from Mitchell Road to Gunn Highway, including roadway, sidewalk, otner improvements, and utilities to include proposed Clearwater Gas System facUities. Under the JPA (Joint Project Agreement) FDOT's general contractor will perform the installation of proposed natural gas main. which will allow work to be done in a timely manner and releases Clearwater Gas System from penalty payments. " Commissioner Hibbard moved to approve a Joint Project Agreement with the State of Florida's Department of Transportation to install natural gas tTlains during improvement project. FPN: 256336-1~52-01/WPI No. 7115979/SPN:14570-3518/Pasco County. SR 54/ from Mitchell Road to Gunn Highway, at an estimated cost of $300.150.00. and that the appropriate officials be authorized to execute same; The motion was duly seconded and carried unanimously. , The City Attorney presented Resolution #03~08 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #03~08 and authorize the appropriate officials to execute same. The motion was duly seconded and upo'n roll call, the vote was: , ilAyes": Gray, Hamilton. Jonson, Hibbard, and Aungst. ilNays": None. Commission 2003-0205 8 02-05-03 > ,'. ,~'. j" .'.-,'.. . ".... ':",' .... .~\. ",.... ',t<" ~'. :',1.> J'" .,..... ' ',',', .\. ," ,'......Ie". '.: ~'l 'oil" ,~'I.'.'.,'.~.~. . . . ITEM #32 - Other Pendinq Matters: a} Adopt Res 03.11 supporting proposed Pinellas County Fireworks Ordinance. , The City Attorney presented Resolution #03-11 and read it by title 'only. Commissioner Hamilton moved to pass and adopt Resolution #03-11 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. CITY ATTORNEY REPORTS ITEM #33 - Other City Attorney Items: a} Authorize settlement of City v. The'Oaks of Clearwater, Inc., Case No. 01~1214-CI-07.. . . This matter arises from an eminent domain action filed by the City against The Oaks of Clearwater, Inc., to acquire property for use in the construction of the new Memorial Causeway Bridge. In March 2001, the City acquired title to 2,807 square-feet and, based upon the City's appraisal; made a OIgood faith deposit" of $260,720. Since that taking. the City has received from The Oaks their appraisal of $471,650. After lengthy negotiations, a proposed settlement was reached: 1} property owner would refund $10,000 of the good faith deposit to the City; 2} City would seek FDOT approval and install a driveway cut to property north of the take; anq 3) City would construct a parkir'1g lot on City-owned property north of take for public use and grant The Oaks nonex.c1usive right to use it. The owner's claim for costs and fees will remain to be resolved. Authorization is sought to settle this action, pursuant to the above terms and to authorize the execution of a settlement . agreement and release. Commissioner Gray moved to authorize settlement of City v. The Oaks of Clearwater, Inc.. Case No., 01-1214-CI-07. The motion was duly seconded and carried unanimously. ITEM #34 - City Manaqer Verbal Reports . a) Hurricane Shelters Fire Marshal Randy Hinder reviewed Florida Statute requirements for hurricane sheltering, indicating Pinellas County is responsible for local efforts. The County lost 15.000 shelter spaces following the 19~8 assessment. According to an Interlacal Agreement between ,the County and School Board, all new schools must be constructed to meet hurricane shelter req uirements. , ,Frustration was expressed that a municipal building must be designed to meet hurricane shelter standards before the County will consider jf the design meets shelter standards and is . eligible for funding. If funds are not available, either the City must pay additional costs for related upgrades or finance the redesign of the structure to meet normal wind loads. The 'Commission 2003-0205 9 02-05-03 '; : >t. .. I " '" J ,.,.' . . ,~. . ..', . ,. '. : ,<'.. 'I. '. l .' ~. >,,1 .' ':. I ...~. '~ I....;. " 01 ~'.' '. . . . TBRPC (Tampa Bay Regional Planning Council) is reviewing this issue. Assistant City Manager Garry Brumback said it is significantly more expensive to construct a building to withstand Category 5 hurricane winds than Category 3. He said a balance must be determined whether recreation centers should be aesthetically pleasing or resemble bunkers. As proposed, the new Ross Norton recreation center will be constructed to withstand Category 3 winds. It was stated residents would have sufficient warning and time to leave the area before a Category 5 hurricane could hit Clearwater. It was questioned if area roads could handle an evacuation. Fire Deputy Chief Terry Welker said the County has reached half of its goal of replacing hurricane shelter spaces. Consensus was for Commissioner Jonson, the Commission's TBRPC representative, to dialog with the TBRPC regarding this issue. b) Update re enforcement efforts in Clearwater Pass. Mr. Brumback reported two productive meetings with law enforcement agencies had occurred." On weekends during the warm season, the Coast Guard will maintain a visible presence to demonstrate and compel safe boating and appropriate behavior. Information related to this change will be distributed to area marinas. In response to a question, he said City use of sheriff-owned vessels is more difficult than anticipated. The State is supportive of exclusion zones being pursued for both sides of the probler'D area. Staff is bringing forward a more enforceable noise ordinance that should address loud music at this location. Staff was complimented for their efforts. CRA (Community Redevelopment Agency) Special Meetings City Clerk Cyndie Goudeau reported staff will coordinate the rescheduling of the February 28 ~nd March 21, 2003, eRA Special Meetings to a single date. ITEM #35 - Commission Discussion Items a) Infill Discussion It was requested the Commission discuss: 1) providing guidance to the City Manager regarding Infill development; 2) whether Level One. Two. & Three flexible standard development . rules should differ when construction is near low density residential zoning: and 3) condition of property,adjacent to a proposed infill development. It was recommended a 150-foot buffer be created to prevent higher density infill development from bordering lower density zoning. Planning Director Cyndie Tarapani said that limitation could preclude development of , affected properties. Concern was expressed the change would compress re8:1 estate values. In response to a question. Ms. Tarapani reviewed flexible standards. indicating Infill is a Level Two flexible development standard and requires COB (Community Development Board) approval." Such developments must meet specific performance standards and are subject to staff review of architectural design. The approval process includes significant negotiations between the developer and staff. who are mindful of the City Commission's vision and direction. Support was expressed for staff and COB member efforts. Commission 2003-0205 02-05w03 10 . . . It was recommended the Code address "edge-fill" separately from "jnfill" to allow transition between zoning districts. It was questioned if the Code intended to only consider low density residential zoning when reviewing infill applications. Ms. Tarapani said the Code includes several specific references to lowt not lowert density residential zoning as well as other criteria, such as compatibilitYt which addresses both use and design. It was agreed while a property owner's financial gain is not a valid reason to approve flexible standardst property owners must accept that things change. It was stated the Code contains development restraints and that infill development must meet established criteria. It was recommended a height cap be established for a. buffer zone near lower density zoned property. The City Attorney expressed concern capping the height of certain properties in a zone may be problematic if other properties in that zone are permitted more generous heights. The Code currently requires consideration of neighboring properties when staff and COB members scrutinize Infill applications. Ms. Tarapani suggested language could be added to the Code specifically requiring the review process to consider nearby properties with lower density zoning. She stated current language requiring compatibility consideration already addresses this issue. In response to a questiont she said the COB had not expressed any frustration or concern related to this issue. Commissioner Jonson moved to request staff to draft an amendment to add language to flexible development standards in the Code to require staff and the CDS to look more closely at nearby properties with lower density zoning during the Infill approval process. The motion was duly seconded. . Concern was expressed the recommendation does not change. the current process, which is not broken should not be changed. It was suggested the change would enhance City policy. Upon the vote being takent Commissioners Gray and Jonson voted "Aye"; Commis~ioners Hamilton and Hibbard and Mayor Aungst voted "Nay'" Motion failed. In response to a question. Ms. Tarapani said staff already considers the condition of abutting properties when reviewing Infill applications. County Commission Resolution re Countywide Traffic SiQnal System Concern was expressed regarding a County resolution that supports the County having. total control of the Countywide Traffic Signal System rather than implementation an incremental basis. Concern was expressed Pinellas County Commissjoner comments during their recent meeting indicated they did not understand the City's position regarding its participation in the ' proposed agreement. Concern was expressed priorities differ and the County may rate City "needs" only as "wants.U Support of the concept was expressed. It was said the City is not an obstacle to this proposal and has not been credited for steps it already has taken. Discussion ensued regarding the need to work out issues such as: phasing the transition; establishing level of service standards for operation and maintenance, and developing an exit strategy County Co.mmissioner Karen Seel offered to meet individually with City Commissioners to clarify the Cityts position and recommended direction. , She said the proposed resolution was intended to clarify jf the City wanted to participate in a Countywide Traffic Signal System and Commission 2003-0205 11 02-05-03 . . . . identify policy issues. She said the County will provide timelines regarding a phase-in schedule. The County hopes in March 2003. the MPO (Metropolitan Planning Organization) will approve the ITS resolution and provide direction regarding the Countywide Traffic Signal System. She . said service levels need to be determined. She hoped a Countywide Traffic Signal System agreement can be obtained by June 1, 2003, that addresses arterial and collector roads. She said the County eventually wants to control the entire traffic signal system. In response to a question. County Commissioner Seel said she did not know of any proposal to bid out signal system operations or management. It was indicated the last "Whereas" on the proposed reso.lution should read "will incorporate." A definition of arterials and collectors was requested: It was stated the City can propose amendments to the resolution at the next MPO meeting. It was stated the City will continue to negotiate in good faith. It was stated the real cost savings and benefits of this proposal need to be determined. The City Manager said he continues to discuss related issues with Pine lias County Manager Steve Spratt and has a meeting scheduled on February 10. 2003. The City Manager said they are discussing standards and how the proposed transition to a Countywide Traffic Signal System would occur. It was recommended the resolution's title include the word "Conceptual." " The City Attorney will work with Vice Mayor Gray, the Commission's MPO representative, to draft amendments to propose to the MPO resolution. to clarify language . regarding the concept and intent of a Countywide Traffic Signal System and title the resolution as conceptual. Additional concerns that must be addressed relate to levels of service, phases. of implementation, and an exit strategy. ITEM #36 - Other Commission Action Commissioner Hibbard invited residents to attend the February 13. 2003. Art for the Animals fund-raiser at the Clearwater Marine Aquarium. ' Mayor Aungst said the City had made a good decision regarding going forward with the new Memorial Causeway Bridge. He'distributed information on problems related to the, functionally obsolete Sanibel Causeway Bridge. ' Mayor AunQst reported discussion with the City of 81. Petersburg resulted in a reduction' in the charge to ClearWater related to relocation of water lines at Kapok Mobile Home Park, from $70,000 to $50,000.' , Commissioner Hibbard expressed concern regarding negative comments made by the CW A President. Commissioner HiJ)bard stated the City is a good employer, which provides better benefits than the private sector, including merit increases and medical insurance coverage. Commissioners Hibbard and Hamilton invited residents to visit the new dog park. Commissioner Gray and Mayor Aunqst said on February 1, 2003 the Mutual Aid agreement between the Clearwater and Largo Police Departments was signed. followed by the Commission 2003-0205 02-05-03 12 I, 'II~I'I"I, . '.',' ,}",;.,,;'; I,.; J.'.\.'.'.1,...._.....'I,.:'~.- .........: :~.;".-t\:..1 ., . I . ',' I": . > . '.. ". ~ , , '. : ',' , ~ t. I I _ :. . . . ~ ' . I ' . .' ; , . I ' : . i 'I . . . . grand opening of the dog park, which the Outdoor Arts Foundation had participated in, making it attractive and fun. ' Commissioner Jonson referenced a proposal by the Florida League of Cities to propose legislation to implement home rule in setting travel reimbursement of city employees. Consensus was to support. . Commissioner Jonson thanked County Commissioners Welch and Seel for attending tonight's meeting and discussing relevant issues. Commissioners Jonson and Hamilton expressed sadness regarding the death of.John Jenkins, who had made great contributions to the City. Commissioner Hamilton congratulated the Tampa Bay Buccaneers for winning the Super Bowl. Commissioner Hamilton wished Commissioner Jonson a happy first wedding anniversary. Mayor Aungst said on January 18, 2003, he and his wife had attended the Holocaust Museum "To Life 2003 Award." honoring Holocaust survivor Lisl Schick. Mayor Aunast said Tampa Mayor Greco had been gracious to include Mayor Aungst and the Mayor of 51. Petersburg in Super Bowl Festivities, including the January 28, 2003 parade to honor the Tampa Bay Buccaneers. Mayor Aunast said on January 29, 2003, the Belle Harbor murals, painted by the Outdoor ArtsFoundation artists, were unveiled and provide a unique way to enhance the appearance of construction sites. Mayor AunQst said on February 3,2003, he and his wife had attended the American Public Gas Association dinner and welcomed attendees from all over the country. Mavor AunQst said on February 4,2003, he and his wife had helped celebrate the 94th birthday of Muriel Watson, director and co-founder of the Watson Center for the Blind and Visually Impaired. Mayor Aunqst invited residents on February 10.2003 at 5:30 p.m.. to attend the Public Meeting at the Harborview Center regarding the CRA expansion boundaries~ Mavor AunQst reported on February 10, 2003, he and his wife will attend the Disabled American Veterans meeting to honor Bernice Ayers, the Silver Rose Medal winner for wounds received as a result of ionizing radiation exposure during World War II. Mayor Aungst invited residents on February 12, 2003 to attend a Town Hall meeting at Kings Highway Recreation Center and be part of discussions regarding the City's Cultural Arts Program. Fire,& Rescue Fire Station Development Plan, and Construction Updates. Commission 2003-0205 13 02-05-03 , . \ ", ",t, \ ' .... : i H I j +," ( , ' . . Mayor Al1nQst repor1ed the ~ext Wort< Session is scheduled for February 18, 2003, at 9:00 a:m. " . ITEM #37 Adiournment The meeting adjourned at 9:'06 p.m. " c 'I . :, ;, I, ,,' " " >1", '" " ;, '" : , I i~ . . .:' .' " " I' .l, ", .,' . '. ' " ' , '. '" , '. ;, ;' . " I " ',:- , " ,"', .:, ,:,: '" ,"j '. ' .,' I, ,,' "',, " " , ' ',' ',. I' 'J, '.' " ' . '- " ',. ,.c',';:; . ~ ~ ", " , , ,i,> " " , " ..' " . ~ > ',:' , 0' ,- ~ : , 0," .' " '" " , . ,~ ,I.. '-L '" '. ' ,'-+ ~ l, ; :' .', ,', :.l 0'" .'?!", ;. .' ~ < .!' .' " ',' " P' . C" ~' ,! " I', " ! " , !" : ,,' I' , " " , " " , ,,' 0)' 't: . " ,'. ,', ,/ "+'1 '.' " :' ,I " , Commission 2003'M020S' 14 I, ~ , ,I " 02-05-03, :,i ,j "F ~. . ,j' , .' " ,; I . . ~ : 'l _', o,j , , . > 0" I ,.' ,., ~ , ' If ' " I _, " " _ ',' I . I > " ' I I.. ..' 'L