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08/01/2005 WORK SESSION ONLY ITEMS Work Session Agenda Clearwater City Council Work Session - Monday, August 1, 2005 9:00 AM Purchasing 1. Workers compensation claims paid by the City's third party administrator during the period October 1, 2005 through September 30, 2006. 2. Wingfoot Commercial Tire - Replacement tires during the period September 1, 2005 through August 31,2006, at a cost not to exceed $200,000. Economic Development and Housing 1. Approve the City of Clearwater's Fiscal Year 2005-2010 Consolidated Planning Document, which contains the FY2005-2006 Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY05-06 Consolidated Action Plan. Marine and Aviation 1. Adopt Resolution 05-25 modifying commercial docking permits and Resolution 05-26 modifying private dock permits for tenants at the Clearwater Municipal Marina. 2. Closure of road next to Sailing Center. 3. Direction re request for buoys on Gulf side of Sand Key. . . Parks and Recreation 1. Approve Pinellas County Recreational Grant Funding Agreement for the Long Center, Boundless Playground, in the amount of $50,000, between Pinellas County and the City of Clearwater. 2. Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for the Long Center Boundless Playground project in the amount of $200,000, between the State of Florida Department of Environmental Protection and the City of Clearwater. 3. Ratify and confirm Lease Agreement between the City and PACT, Inc. for the Clearwater City Players summer production and approve standard Lease Agreement with PACT, Inc. and grant authority to the City Manager or his designee to enter into and approve standard Lease Agreements for future facility use by City groups at Ruth Eckerd Hall and authcrize the appropriate officials to execute same. 4. Approve agreement between the City of Clearwater and Global Spectrum from October 1, 2005 to September 30, 2009 and approve the Termination and Release Agreement between Distinctive Gourmet Services (Boston Concessions), the City of Clearwater and Global Spectrum, L.P. and authorize the appropriate offcials to execute same. Engineering 1. Declare as surplus to City needs a 2317.46 square foot portion of the former south half-right-of-way of Park Street lying within the plat of MEDITERRANEAN VILLAGE IN THE PARK, Tract 2 that was vacated upon adoption of City Ordinance No. 6879-01, and authorize appropriate officials to convey title to the Community Redevelopment Agency of the City of Clearwater ("CRA"). Work Session Agenda 8-1-2005 - Rev 1 Page 1 of 3 2. Award a contract to J.T.V., Incorporated, in the amount of $200,000.00, for sanitary sewer line cleaning, inspection and rehabilitation at various locations throughout the City, using the unit prices established in a contract with the City of Gulfport, Florida, for Sewer System Repairs (Bid No. 2005-03), and that the appropriate officials be authorized to execute same. 3. Approve the Agreement between the Florida Department of Environmental Protection and the City of Clearwater for funding in the amount of $50,000 for the design and construction of an observation tower at Cooper's Point and authorize the appropriate officials to execute same. 4. Adopt Resolution 05-34 authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 3' x 5' box culvert, (3) 36" concrete pipes and one (1) 4' x 5' box culvert; and approve Agreement Nos. CSX-048892, CSX-048733 and CSX-048893 and authorize the appropriate officials to execute same. 5. Pass Ordinance7490-05 on first reading, making minor language changes to Chapter 30 Traffic and Motor Vehicles, Article II Stopping, Standing and Parking, increasing parking fines by $5.00 and to designate a parking violation processing services office to process all parking fines thereby eliminating the Pinellas County Clerk of the Court as the designated office to handle the receipt of the payment of parking fines beginning October 1, 2005. City Attorney 1. Adopt Ordinance 7447-05 on ser.ond reading, amending the Code of Ethics to conform to the State Ethics Code. 2. Adopt Ordinance 7448-05 on second reading, amending Article VIII, Chapter 2, Code of Ordinances to amend definitions and requirements for lobbyists. 3. Adopt Ordinance 7450-05 on second reading, annexing certain real property whose post office address is 2346 Ella Place, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 4. Adopt Ordinance 7451-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to designate the land use for certain real property whose post office address is 2346 Ella Place, upon annexation into the City of Clearwater, as Residential Low. 5. Adopt Ordinance 7452-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2346 Ella Place, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 6. Adopt Ordinance 7453-05 on second reading, annexing certain real property whose post office address is 2300 Drew Street, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. 7. Adopt Ordinance 7454-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to designate the land use for certain real property whose post office address is 2300 Drew Street, upon annexation into the City of Clearwater, as Commercial General. 8. Adopt Ordinance 7455-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2300 Drew Street, upon annexation into the City of Clearwater, as Commercial (C). 9. Adopt Ordinance 7456-05 on second reading, annexing certain real property whose post office address is 2077 Palmetto Street, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. Work Session Agenda 8-1-2005 - Rev 1 Page 2 of 3 10. Adopt Ordinance 7457-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to designate the land use for certain real property whose post office address is 2077 Palmetto Street, upon annexation into the City of Clearwater, as Residential Medium. 11. Adopt Ordinance 7458-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2077 Palmetto Street, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). 12. Adopt Ordinance 7462-05 on second reading, vacating the drainage and utility easement retained after vacation of the ten-foot alley formerly located adjacent to the east property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse Subdivision, as set forth in Ordinance No. 6880-00. 13. ADOPT Ordinance NO.7 466-05 on second reading, amending the City of Clearwater Employees Pension Plan to provide for expanded investment authority for diversification of plan assets and setting a March 14, 2006 referendum for voter approval of same. 14. Pass Ordinance 7495-05 on first reading, amending Section 15.07, Code of Ordinances, to clarify the procedures for declaring a state of emergency. Other City Attorney Items City Manager Verbal Reports Council Discussion Items 1. Direction re addressing Community Development Code Issues 2. Council Travel Budget Other Council Action Adjourn Presentation for Thursday Night 1. Clearwater Nagano Exchange Program Work Session Agenda 8-1-2005 - Rev 1 Page 3 of 3 u.. o >- I- From: u ~ffice Correspondence Sheet Mayor and Council members . /, J . ~/ / Cyndie Goudeau, City Cler ~ ack, Asst. City Manager; Pam Akin, To: CC: Bill Horne, City Manager; G City Attorney Date: July 29, 2005 RE: Revisions to Agenda Packet for August 01,2005 The followina chanaes/additions are provided: . Revised Work Session Agenda - Rev 1 - 08-01-05, replace item. . ED-1: Approve the City of Clearwater's FY 2005-2010 Consolidated Planning Doc, to carry forward the goals and objectives set forth in the Plan, as required by HUD. - Item added to Agenda and paperwork provided. . MR-2: Closure of road next to Sailing Center. - Item added to Agenda, no paperwork. . MR-3: Direction re request for buoys on Gulf side of Sand Key. - Item added to Agenda, no paperwork. . PR-3: Ratify and confirm Lease Agreement between the City and PACT, Inc. for the Clearwater City Players summer production and approve standard Lease Agreement with PACT, Inc. -Item added to Agenda and paperwork provided. . PR-4: Approve agreement between the City of Clearwater and Global Spectrum from October 1, 2005 to September 30, 2009 and approve the Termination and Release Agreement between Distinctive Gourmet Services (Boston Concessions), the City of Clearwater and Global Spectrum, L.P. -Item added to Agenda and paperwork provided. . ENG-5: Pass Ord. #7490-05 on first reading, making minor language changes to Chapter 30 Traffic and Motor Vehicles, Article II Stopping, Standing and Parking. - Item added to Agenda and paperwork provided. . CA-13: Adopt Ord. #7463-05 on second reading. - Item removed from Agenda. Please remove from packs and renumber CA Items 14 & 15 accordingly. (i.e. Item CA- 14 now becomes CA-13 and Item CA-15 now becomes CA-14.) . CDI-2: Council Travel Budget. - Item added to Agenda, no paperwork. Memo to Council for 08-01-05 Work Session - revisions.doc 1 of 1 ~: h\r<-' SECOND ADDENDUM TO PRIVATE DOCKING PERMIT THIS SECOND ADDENDUM TO THE PRIVATE DOCKING PERMIT is made and entered into this day of , 2005, on behalf of the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for CURRENT .COMMERCIAL DOCK PERMIT TENANTS AT THE CLEARWATER MUNICIPAL MARINA. WHEREAS, the City wishes to make certain changes to the Private Dock Permits at the Clearwater Municipal Marina, the City agrees to add the second addendum as of July 21,2005 pursuant to the terms described herein. NOW THEREFORE, the City agrees to amend the Private Docking Permit as follows: 1. All language referring to "Harbormaster" is to be replaced by "Marine & Aviation Director or his designee." 2. Section 1 - CONDITIONS & AUTHORITY: ***** This permit shall not be construed as granting any property interest in the slip or facility, but shall be deemed a license aqreement subject to all of the terms contained herein and the applicable ordinances of the City. ***** Section 1 A - REQUIRED DOCUMENTS: Copies of the current Florida vessel reQistration will be provided to the Marine & Aviation Director or his desiQnee vearlv. as well as all applicable renewal documents. 3. Section 2 - PAYMENT OF DOCKAGE FEES: ***** Prepayments: You will receive a discount when prepavinQ your month Iv slip rent in 6 months and 12 months increments as follows; . 6 months prepayment will receive a 2.5% discount. . 12 months prepayment will receive a 5% discount. . Anv electricitv used bv tenant will be billed separatelv. Fuel Payment Policv - payment for fuel must be obtained at the time of purchase. If the credit card is declined. a check or cash must be received prior to the boat leavinQ the fuel dock slip. 4. Section 6 - LAW, RULES AND REGULATIONS:***** . Living aboard vessels is prohibited. Private tenants may stay aboard a total of 8 niQhts per month. Second Addendum to Private Docking Permit 07-21-05 5. 2 . Any owner expecting to vacate his slip for any period in excess of seven (7) consecutive days shall notify the H3rbormaster Marine & Aviation Director or his desianee in advance in writina. . If the slip will be vacated for 60 consecutive days. the tenant will notify the Marine & Aviation Director or his desianee of the vacancy prior to the departure of the vessel. An extension of one 60-day period may be requested in writina. The slip shall not be vacated for more than 120 days. On the 1215t day. the slip will become available for a new tenant. Extenuatina circumstances will be determined on a case-by-case basis. and will be at the discretion of the Marine & Aviation Director or his desianee. . The City reserves the right to use any empty slip for temporary transient boaters, after verifying by phone that the permanent tenant will not be using the slip, without subsidizing the dock permit holder. The electric usage for this period of use by the transient boater will not be charged to the permanent tenant. . It shall be unlawful for any person to willfully make. continue or cause to be made or continued any loud and raucous noise which because of its volume level. duration and character. annoys. disturbs. iniures or endanaers the comfort. health. peace or safety of reasonable persons of ordinary sensibilities within the limits of the City. This Development Code Section 3-1508 includes enaine exhaust. . No refuse shall be thrown overboard at the marina. Garbage and trash shall be deposited in cont3iners provided for th3t purpose the dumpsters. . Water shall not te be wasted. The Florida Administrative Code 40D-22 states washina vehicles. cars. boats. boat motors and recreational vehicles may be washed on any day. at any time when necessary. as lona as a shut-off nozzle or other water efficient device is used. (Except as water restrictions may be imposed.) Additional charges will be added to the slip rent of any ten~mt using abnormal amounts of \vater. All electric, telephone, dock box, and cable and dock office ront31 charges will be paid by the slip tenant. ***** Section 7 - SALE OF PRIVATE VESSEL(S) NAMED IN DOCKING PERMIT: ***** . If the seUef tenant elects to retain the slip for another vessel, he will have ninety (90) 60 days from the date of sale to acquire a replacement vessel, titled in his name, and place it in the slip. The seUef tenant may request in writing one extension of the W 60-day period, not to exceed one hundred eighty (180) 120 days. On the 1215t day. the slip will become available for a new tenant. Extenuatina circumstances will be determined on a case-by-case basis. and will be at the discretion of the Marine & Aviation Director Second Addendum to Private Docking Permit 07-21-05 or his desionee how to handle. Should he fail to comply, his docking permit ':.'ill be revoked and the slip v.'ill be assigned to another person on the waiting list. During this period, the City will have the right to use the slip for transient dockage and the holder of the docking permit may not permit any other vessel not personally owned by him to be placed in the slip. ***** 6. Section 9 - EMERGENCIES, HURRICANES OR OTHER ACTS OF GOD: ***** . Marina policy reoardino electric shutoff to the Fuel Dock and slips: If a hioh tide reaches the top of the lowest docks. we shut off the power to the lowest docks. If the tide reaches the bottom of the fuel dock. we shut off the power to all the docks. includino the fuel dock pumps until it is safe to be turned back on. ***** IN WITNESS WHEREOF, the City has set their hands and seals the day and year above written. Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor By: William B. Horne, II City Manager Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk 3 Second Addendum to Private Docking Permit 07-21-05 SECOND ADDENDUM TO COMMERCIAL DOCKING PERMIT THIS SECOND ADDENDUM TO THE COMMERCIAL DOCKING PERMIT is made and entered into this day of , 2005, on behalf of the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for CURRENT COMMERCIAL DOCK PERMIT TENANTS AT THE CLEARWATER MUNICIPAL MARINA. WHEREAS, the City wishes to make certain changes to the Commercial Dock Permits at the Clearwater Municipal Marina, the City agrees to add the second addendum as of July 21,2005 pursuant to the terms described herein. NOW THEREFORE, the City agrees to amend the Commercial Docking Permit as follows: 1. All language referring to "Harbormaster" is to be replaced by "Marine & Aviation Director or his designee." 2. Section 2 - PAYMENT OF DOCKAGE FEES:***** Prepayments: You will receive a discount when prepayinQ your monthly slip rent in 6 months and 12 months increments as follows: . 6 months prepayment will receive a 2.5% discount. . 12 months prepayment will receive a 5% discount. . Any electricity used by tenant will be billed separately. Fuel Payment Policy - Payment for fuel must be obtained at the time of purchase. If the credit card is declined. a check or cash must be received prior to the boat leavinQ the fuel dock slip. 3. Section 3 - REQUIRED DOCUMENTS:***** . Copies of the current Florida vessel reQistration will be provided to the Marine & Aviation Director or his desiQnee yearly. as well as all applicable renewal documents. ***** 4. Section 7 - LAW, RULES AND REGULATIONS: ***** . Any owner expecting to vacate his slip for any period in excess of seven (7) consecutive days shall notify the Harbormaster Marine & Aviation Director or his desiQnee in advance in writinQ. . If the slip will be vacated for 60 consecutive days. the tenant will notify the Marine & Aviation Director or his desiQnee of the vacancy prior to the departure of the vessel. An extension of one 60-day period may be requested in writinQ. The slip shall not be vacated for more than 120 days. On the 121 st day. the slip will become available for a new tenant. ExtenuatinQ circumstances will be Second Addendum to Commercial Docking Permit 07-21-05 determined on a case-by-case basis. and will be at the discretion of the Marine & Aviation Director or his desionee. . The City reserves the right to use any empty slip for temporary transient boaters, after verifying by phone that the permanent tenant will not be using the slip, without subsidizing the dock permit holder. The electric usage for this period of use by the transient boater will not be charged to the permanent tenant. . Living aboard commercial vessels is prohibited. Stayino aboard overnioht on a commercial vessel is also prohibited. . After a bus. shuttle or recreational vehicle unloads their passenoers. they should be directed to proceed to the overflow lot on the causeway. There are no parkino spaces for oversized vehicles in the marina lot. . Fire code related to City Marina jet ski rental - All fuelino of marine craft shall be conducted in the absence of the "public." . Any structural modifications in the marina must be requested in writino to the Marine & Aviation Director or his desionee. You will then be directed to PlanninQ & Zonino who will explain the desion ouidelines for the beach and will base approval of your plans on your project's intsoration with those ouidelines. as well as explain the permit process. . It shall be unlawful for any person to willfully make. continue or cause to be made or continued any loud and raucous noise which because of its volume level. duration and character. annoys. disturbs. injures or endanoers the comfort. health. peace or safety of reasonable persons of ordinary sensibilities within the limits of the City. This Development Code Section 3-1508 includes enoine exhaust. . No refuse shall be thrown overboard at the marina. Garbage and trash shall be deposited in containers provided f-or that purpose the dumpsters. . Water shall not ta be wasted. The Florida Administrative Code 400-22 states washina vehicles. cars. boats. boat motors and recreational vehicles may be washed on any day. at any time when necessary. as lono as a shut-off nozzle or other water efficient device is used. (Except as water restrictions may be imposed.) Additional charges \":i11 be added to the slip rent of any tenant using abnormal amounts of'l/ater. All electric, telephone, dock box, cable and dock office rental charges will be paid by the commercial slip tenant. ***** 5. Section 8 - SIGNAGE AND DISPLAY OF FISH:***** . Code Enforcement has stipulated that vehicles advertisino businesses are currently permitted in the Marina lot if parked in an inconspicuous space away from the roadway. 2 Second Addendum to Commercial Docking Permit 07-21-05 . A television displayinQ commercial service is considered a movinq siqn by Code and a potential traffic or pedestrian hazard and therefore prohibited. . Siqns carried, waved or otherwise displayed bY persons intended to draw attention for commercial purpose are also prohibited. This includes three-dimensional obiects that are used as siqns. ***** 6. Section 9 - SALE OF COMMERCIAL VESSEL (S) NAMED IN DOCKING PERMIT: ***** . Tenant shall be permitted to sell tenant's business and assign the agreement rights and obligations to a new tenant. In such case, the new tenant (purchaser) shall be restricted to operate the purchased business and tenant's vessel. Any change will be at the discretion of the Harbormaster. (ref. paraqraph #1) *** . If the tenant elects to retain the slip for another vessel. he will have 60 days from the date of the sale to acquire a replacement vessel titled in his name and place it in the slip, An extension of one 60- day period may be requested in writinq. The slip shall not be vacated for more than 120 days. On the 1215t day, the slip will become available for a new tenant. Extenuatinq circumstances will be determined on a case-by-case basis, and will be at the discretion of the Marine & Aviation Director or his desiqnee how to handle. Durinq this period, the City will have the riqht to use the slip for transient dockaqe and the holder of the dockinq permit may not permit any other vessel not personally owned by him to be placed in the slip, . When the tenant elects to retain the slip, the purchaser of the vessel will have not more than four (4) weeks followinQ the sale to remove the vessel from the slip. The purchaser will be charqed the daily transient rate for any period the vessel is docked at the marina in excess of the four-week period. 7. 3 Section 11 - EMERGENCIES, HURRICANES OR OTHER ACTS OF GOD: ***** . Marina policy reqardinq electric shutoff to the Fuel Dock and slips: If a hiqh tide reaches the top of the lowest docks, we shut off the power to the lowest docks. If the tide reaches the bottom of the fuel dock, we shut off the power to all the docks, includinq the fuel dock pumps until it is safe to be turned back on. Second Addendum to Commercial Docking Permit 07-21-05 IN WITNESS WHEREOF, the City has set their hands and seals the day and year above written. Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor By: William B. Horne, II City Manager Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk 4 Second Addendum to Commercial Docking Permit 07-21-05 I ,'?r ~ J7 (jJ ~ .~ \. I N =Ii ~ ~ /'-1 ~Q Specific Change Proposals August 4 2005 1. My first priority on Thursday is the language relating to harmony with adjacent properties. a. Proposals - require for completeness Applications for level 2 flexibility to dimensional aspects of height or setback shall be considered incomplete, if the application does not present documented comparisons to adjacent properties. Adjacent properties are defined as properties sharing a common property line with the proposed development. b. When evaluating the criteria contained in Sec. 3-913 A.I the following shall be considered: 1. Likelihood of redevelopment of the adj acent properties. 11. Conformity of the adjacent properties 111. Zoning of the adjacent properties. IV. Scale, bulk, coverage density, and character of the adjacent properties. v. Benefits of the proposed redevelopment accruing to adjacent properties. 2. My second change deals with View Corridor from low density residential. c. View Corridor from low density residential i. This came up at Skiff Point ii. It is a point of confusion in the past as well 1. Current wording in MHDR 2-403 B.2.b "The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas." 2. There is very little "LRD" in the zoning atlas. Del Oro, North of Carolue! Yacht Club, a few in the Countryside area, and near Camp Soule. 111. This wording isn't used in the LMDR,just in MDR, MHDR, and HDR. IV. Either we should change wording to say "lower" density residential, or should specify LDR zoning; or even better say LDR or LMDR. v. Another aspect should probably restrict it to adiacent LDR or LMDR. . ..... M 0 "l:t 0 N 0 00 N 00 0 0 0) oen M CO ~ ~ M ~ - 0 ..... C!": 0 o en ..... 0 00 00 0) CO ..... 10 0) ON In N 0 ..... "l:t N "l:t N I()N 10 0 0 0) CO M ..... -~ G> CD, 0 In - N M CO .... ns s::: s::: - ~ - 0 :: G> ~ 0 c. 0 >< W . Lt) o - "'l:t o o N >- LL S- O .... f/) CD f/) e: CD Co >< W CD > ca S- l- e: o .- f/) f/) .- E E o u .... o ~ ca E E :::t en . '- o ~s::: ns 0 :!: In s::: G> 0 0""') :> s::: :!: ~ o 0 c s::: o E- O E ns J: s::: G> E ~ oS G> a.. ,-"0 o '- ~ns ns.c .c :!: .- J: 1'-(")000 (")CO 1'-0 N L!) NO'<::tOOOOO) 0..... 0 "l:t '<::t en 0..... o '<::t ..... "l:t L!) (") "l:t N 00000L!)001'-1'- N N.....'<::t (") oen I'- COL!) 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