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11/15/2001 . CITY COMMISSION MEETING CITY OF CLEARWATER November 15, 2001 Present: Brian J. Aungst Ed Hart Whitney Gray Hoyt P. Hamilton William C. Jonson Mayor/Commissioner Vice-Mayor /Comm issioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Sue Diana Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney Assistant City Clerk Board Reporter The Mayor called the meeting to order at 6:06 p.m. at City Hall. The invocation was offered by Reverend Bill Anderson of Calvary Baptist Church. The Mayor led the Pledge of Allegiance To provide continuity for research, items are in agenda order although not necessarily discussed in that order. . ITEM #3 - Introductions and Awards - None. ITEM #4 - Presentations a) We Care Fund - Customer Service Customer Service and Marketing Director Jim Geary encouraged residents to support the We Care Fund, which assists residents who have difficulty paying for City utilities due to financial hardship. b) FRPA - Agency Excellence Award Eleanor Wormack, of the Florida Recreation and Park Association, awarded the Parks & Recreation Department the Agency Excellence Award for excellent management practices. c) Main Street Volunteer of the Year The Main Street Volunteer of the Year Award was represented to Bob Fernandez who had received the award in Miami. . mcc11 b01 1 11/15/01 . ITEM #5 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the regular meeting of November 1, 2001, Closed Attorney/Client Session of October 4, 2001, and Closed Attorney/Client Session of November 1, 2001, 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 Agenda Darlene Cole, Elizabeth France, and David Browder thanked the City for efforts to clean up Crest Lake Park and address code violations, requested help dealing with the homeless, and said silt had compromised recent Allen's Creek repairs. Ron Delp recommended the Commission be more cognizant of their fiscal responsibility, future plans, and exceptions to Beach by Design. ITEM #7 - Public Hearing & Second Reading Ord #6855-01 - Increasing the residential and commercial Storm water Utility rate to $6.13 per Equivalent Residential Unit (ERU) beginning 01/01/2002, to $7.16 per ERU beginning 10/01/2002, to $8.01 per ERU beginning 10/01/2003, to $8.65 per ERU beginning 10/01/2004 and to $9.35 per ERU beginning 10/01/2005. (eA) . The Stormwater Utility was established effective 1991. On August 6, 1998, the City Commission Ordinance #6309-98 was passed increasing Stormwater Utility rates to $4.00 per ERU beginning 10/1/98 and establishing a series of four subsequent 4.3 per cent increases to be effective 10/1/1999 ($4.17), 10/1/2000 ($4.35),10/1/2001 ($4.54) and 10/1/2002 ($4.73). In 1998, the revenue sufficiency and financial forecast analysis indicated funding a $30-million capital improvements program every 5 years after FY 2003 would require a perpetual annual rate increase between 11 % and 11.5%. Burton and Associates has completed a five-year revenue sufficiency update and financial forecast analysis, which recommends early consideration of a rate increase due to higher than anticipated infrastructure, operating and maintenance costs, and additional capital improvement costs beyond original projections and approvals. The increases are necessary to provide funding for $72.4-million of capital improvement projects to abate severe street and in structure flooding, improve water quality, add, restore or upgrade storm water infrastructure, and comply with mandated changes in operating, maintenance and reporting requirements. In addition to funding for continuing approved projects, staff recommends the new projects for Commission funding approval: 1) Kapok Flood Resolution; 2) Myrtle Avenue Improvements; 3) Stevenson's Creek Implementation Phase I; 4) North Greenwood Corridor Storm; 5) FDEP compliance; 6) Sharkey Road Drainage Improvement; 7) Alligator . Creek Drainage Improvement; 8) Allen's Creek Neighborhood Flooding; 9) north beach mcc11 b01 2 11/15/01 . drainage, and 10) storm system expansion. Individual projects will be presented to the Commission for development approval. In response to a request, Finance Director Margie Simmons compared final bond maturity for storm water bonds: 1) 15-year level, 4.2% AIC (All Inclusive Interest Rate); $2.07-million - approximate annual payment, $7,956,000 - approximate total interest, and $22,696,514.29 - present value of payments; 2) 20-year level, 4.56% AIC; $1.75- million - approximate annual payment, $11,943,000 - approximate total interest, and $22,645,997.98 - present value of payments; and 3) 30-year level, 4.93% AIC); $1.46- million - approximate annual payment, $20,742,000 - approximate total interest, and $22,623,983.57 - present value of payments. She recommended a 30-year bond issue to place the burden on those who receive benefits from the projects. Jay Keyes, representing the Clearwater Coalition of Homeowner Associations, said his organization unanimously endorsed the program and 30-year financing. It was noted staff will work diligently to acquire all possible grant funding and to reduce out-year rates. Commissioner Hamilton moved to approve increasing the residential and commercial Stormwater Utility rate to $6.13 per ERU (Equivalent Residential Unit) beginning 01/1/2002, to $7.16 per ERU beginning 10/01/2002, to $8.01 per ERU beginning 10/01/2003, to $8.65 per ERU beginning 10/01/04 and to $9.35 per ERU beginning 10/01/05. The motion was duly seconded and carried unanimously. . The City Attorney presented Ordinance #6855-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6855-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #8 - Public Hearing & First Reading Ord #6866-01, 6867-01, 6868-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 2678 North Terrace Drive,(Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Alicia A Medeiros) ATAANX01-07-17 (PLD) On October 18, 1996, Alicia A. Medeiros, property owner of 2678 North Terrace Drive, entered into an AT A (Agreement to Annex) with the City to receive City sewer service. Terms and provisions of that ATA are binding upon the current owner, successors, assigns, or any subsequent owners of this property. At that time, the subject property was outside the City's municipal boundaries and did not meet adjacency requirements for voluntary annexation. This property will be contiguous to City boundaries to the west following annexation of 2672 North Terrace Drive. The ATA requires the City to provide 60 days written notice of its intent to annex this property. This notice was mailed to the current property owner on July 5, 2001 and the notice . expired on September 4,2001. The 0.21-acre property features a single-family residence. mcc11 b01 3 11/15/01 . A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the AT A. This annexation includes the abutting North Terrace Drive right-of-way. The City has provided sewer service to this property pursuant to the AT A and adequate capacity exists to serve this property. Since execution of this agreement, the property's ownership has not changed. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications will not have an adverse impact on the natural environment. The Community Development Soard unanimously recommended approval. In her November 15, 2001, e-mail, property owner Alicia A. Medeiros said she could not attend tonight's meeting and requested the item be continued. Planning Manager Gina Clayton said the CDS (Community Development Soard) had continued the item once and heard the case on Tuesday. Approval of this item affects Item #9. In response to a question, Ms. Clayton said Ms. Medeiros had attended both CDS meetings and objects to the annexation. Ms. Clayton said Ms. Medeiros is concerned the annexation will affect the County ditch improvement project abutting her property. . Assistant Director of Engineering/PD&E Tom Miller reviewed staff discussions with the County regarding this project. As of now, County plans are to complete project design in 2002 and construction in 2003. Ms. Clayton said the current owner had signed the AT A in 1996 to obtain City sewer service. It was requested staff continue review of project progress. Ed Hooper, CDS member, recommended approval. He said due to an oversight, the City had not charged Ms. Medeiros for sewer service during the past 5 years. It was questioned if the City could complete the project if the County abandons the plan. Mr. Miller said the project is not in the City's 5-year plan. He said Penny for Pinellas funds are slated to fund the estimated $2-million project, which primarily serves County residents. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 2678 North Terrace Drive at Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. . The City Attorney presented Ordinance #6866-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6866-01 on first reading. The motion was duly seconded and upon roll call, the vote was: mcc11 b01 4 11/15/01 . . . "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6867-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6867-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6868-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6868-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. ITEM #9 - Public Hearing & First Reading Ord #6869-01, 6870-01, 6871-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 2684 North Terrace Drive, (Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). {Pamela L Rakes} ATAANX01-07-18 (PLD) On December 1, 1983, Frank J. and Mary E. Heckenbach, the previous property owners, entered into an AT A with the City to receive City sewer service. The terms and provisions of that AT A are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. At that time, this property was outside the City's municipal boundaries and did not meet adjacency requirements for voluntary annexations. This property now will be contiguous to City boundaries to the west following annexation of 2678 North Terrace Drive. The 0.21-acre subject property features a single-family residence. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). The AT A requires the City to provide 60 days written notice of its intent to annex this property. On July 5, 2001 this notice was mailed to Monika Smolarczyk who was the property owner at that time and the notice expired on September 4, 2001. During the notice period, ownership of this property changed. The current owner is Pamela L. Rakes, who has indicated her willingness to move forward with this annexation. The ATA provides that the owner of the property at the time it is annexed pay the City a one-time payment of $200, the property's fair share of its impact on open space. Ms. Rakes paid this fee on September 12, 2001. mcc11 b01 5 11/15/01 . . . The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions in the AT A. This annexation includes the abutting right-of-way of North Terrace Drive. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications will not have an adverse impact on the natural environment. The Community Development Board unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 2684 North Terrace Drive at Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6869-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6869-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6870-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6870-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6871-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6871-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #10- Public Hearing & First Reading Ord #6882-01, 6883-01, 6884-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 2880 Union Street (consisting of South one-half of east one-half of southeast of one-quarter of the southwest one-quarter of the quarter of Section 32, Township 28 South, Range 16 East) (Mattie E Johnson) ATA ANX 01-07-20 (PLD) mcc11 b01 6 11/15/01 . . . On October 31, 1997, Mattie E. Johnson entered into an ATA with the City to receive City sewer service. At that time, the property at 2880 Union Street was outside the City's municipal boundaries and did not meet adjacency requirements for a voluntary annexation. Terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. The property now is contiguous to City boundaries to the north and east. The AT A requires the City to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to Mattie E. Johnson, the current owner of the property, on July 5, 2001 and the notice period expired on September 4, 2001. The 1.04-acre property features a single-family residence. A land use plan designation of Residential Suburban is proposed along with a zoning category of Low Density Residential (LDR). The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the AT A. The City also proposes to annex the abutting right-of-way along Union Street. The City has been providing sewer service to this property pursuant to the AT A and adequate capacity exists to serve this property. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications will not have an adverse impact on the natural environment. The Community Development Board unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Suburban to City Residential Suburban and from County Zoning Rural Residential District (R-R) to City Low Density Residential (LDR) Zoning District for 2880 Union Street, consisting of South one-half of east one-half of southeast of one-quarter of the southwest one-quarter of the quarter of Section 32, Township 28 South, Range 16 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6882-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6882-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6883-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6883-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Aungst. mcc11 b01 7 11/15/01 . "Nays": None. Absent: Hart. The City Attorney presented Ordinance #6884-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6884-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #11 - Public Hearing & First Reading Ord #6885-01, 6886-01, 6887-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1328 Parkwood Street (Lot 17, Block A, Pine Ridge Subdivision in Section 10, Township 24 South, Range 15 East) (Monica 0 Plange) ATA ANX 01-07-21 (PLD) . On May 28, 1998, Benedict and Julian William, previous owners of this property, entered into an AT A with the City to receive City sewer service. At that time, the property at 1328 Parkwood Street was outside the City's municipal boundaries and did not meet adjacency requirements for voluntary annexation. The terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. The property now is contiguous to City boundaries to the north, east and west. The AT A requires the City to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to Monica O. Plange, the property's current owner, on July 5, 2001 and the notice period expired on September 4, 2001. The 0.18-acre property features a single-family residence. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the AT A. This annexation includes the abutting right-of-way along Parkwood Street. The City has provided sewer service to this property pursuant to the AT A and adequate capacity exists to serve the proposed annexation. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications will not have an adverse impact on the natural environment. The Community Development Board unanimously recommended approval. . Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1328 Parkwood Street at Lot 17, Block "A", Pine Ridge Subdivision in Section 10, Township 24 South, Range 15 East. The motion was duly seconded and carried unanimously. mcc11 b01 8 11/15/01 . The City Attorney presented Ordinance #6885-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6885-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6886-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6886-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6887-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6887-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Hamilton, Jonson, and Aungst. . "Nays": None. Absent: Gray. ITEM #12 - Public Hearing & First Reading Ord #6888-01, 6889-01, 6890-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1712 EI Trinidad Drive East (Lot 4, and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East), (Anne Marie Wedemen) ATA ANX 01-07-22. (PLD) On September 6, 1995, G. Steven Marsh, the previous owner of this property, entered into an AT A with the City to receive City sewer service. At that time, the property at 1712 EI Trinidad Drive East was outside the City's municipal boundaries and did not meet adjacency requirements for voluntary annexation. Terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. The property now is contiguous to City boundaries to the south. The AT A requires the City to give the property owners 60 days written notice of its intent to annex this property. A notice letter was sent to Anne Marie Wedeman, the current owner of the property, on July 5, 2001 and the notice period expired on September 4, 2001. The 0.18-acre property features a single-family residence. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). . mcc11 b01 9 11/15/01 . . . Additionally, the AT A provides that the owner of the property at the time it is annexed pay the City a one-time payment of $200, the property's fair share of its impact on open space. The payment of $200 is due to the City prior to adoption of associated ordinances on December 13, 2001. The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the AT A. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications will not have an adverse impact on the natural environment. The Community Development Board unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1712 EI Trinidad Drive East at Lot 4, and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6888-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6888-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6889-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6889-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6890-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6890-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc11 b01 10 11/15/01 . . . ITEM #13 - Public Hearing & First Reading Ord #6891-01, 6892-01, 6893-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1716 EI Trinidad Drive East (Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East) (Jacie S. Wiegand) ATA ANX 01-07-23. (PLD) On November 21, 1986, David B. and Judith Olson, previous owners of this property at 1716 EI Trinidad Drive East, entered into an AT A with the City to receive City sewer service. At that time, the subject property was outside City municipal boundaries and did not meet adjacency requirements for voluntary annexation. Terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. The property is contiguous to City boundaries to the east. The AT A requires the City to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to current owner Jacie S. Wiegand on July 5, 2001, and the notice period expired on September 4, 2001. The 0.17-acre property features a single-family residence. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). Additionally, the AT A provides that the owner of the property at the time it is to be officially annexed pay the City of Clearwater a one time payment of $200, the property's fair share of its impact on open space. The $200 payment is due to the City prior to adoption of the associated ordinances on December 13, 2001. The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the AT A. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications will not have an adverse impact on the natural environment. The Community Development Board unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1716 EI Trinidad Drive East at Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6891-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6891-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc11 b01 11 11/1 5/01 - . . The City Attorney presented Ordinance #6892-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6892-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6893-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6893-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #14 - Public Hearing & First Reading Ord #6894-01, 6895-01, 6896-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1713 EI Trinidad Drive East, (Lot 4, less the East 32 feet thereof, Block 1, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East). (Willard S Prewitt & Donna M Prewitt) ATA ANX 01-07-24 (PLD) On December 31, 1986, Willard S. and Donna M. Prewitt entered into an ATA with the City to receive City sewer service. At that time, the subject property at 1713 EI Trinidad Drive East was outside the City's municipal boundaries and did not meet adjacency requirements for a voluntary annexation. The terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. The subject property now is contiguous to City boundaries to the north. The AT A requires the City to give the property owners 60 days written notice of its intent to annex this property. A notice letter was sent to Mr. and Ms. Prewitt, current owners of the property, on July 5, 2001 and the notice period expired on September 4, 2001. The 0.16-acre property features a single-family residence. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). Additionally, the ATA provides that the property owner, at the time it is annexed, will pay the City a one-time payment of $200, the property's fair share of its impact on open space. The payment is due to the City on December 13, 2001, prior to adoption of the associated ordinances. The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the A T A agreement. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications mcc11 b01 12 11/15/01 . . . will not have an adverse impact on the natural environment. The Community Development Board unanimously recommended approval. Commissioner Hart moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1713 EI Trinidad Drive East at Lot 4, less the East 32 feet thereof, Block 1, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6894-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6894-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Aungst. "Nays": None. Absent: Jonson. The City Attorney presented Ordinance #6895-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6895-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6896-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6896-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #15 - Public Hearing & First Reading Ord #6899-01, 6900-01, 6901-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1864 West Drive (Lot 3, Block C, Clearwater_Highlands Unit "B" in Section 04, Township 29 South, Range 15 East) (Kerstin E Braun, Michael E Beard, Larry L Beard) ANX 01-08-25 (PLD) The applicant has requested annexation and zoning of Low Medium Density Residential for 1 864 West Drive to obtain City water and sanitary sewer service. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications will not have an adverse mcc11 b01 13 11/15/01 . . . impact on the natural environment. The Community Development Board unanimously recommended approval. Commissioner Hart moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1864 West Drive (Lot 3, Block C, Clearwater Highlands Unit "B" in Section 04, Township 29 South, Range 15 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6899-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6899-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Jonson. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #6900-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6900-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6901-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6901-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #16 - Public Hearing & First Reading Ord #6902-01, 6903-01, 6904-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1517 Country Lane East (Lot 6, Country Lane Subdivision in Section 08, Township 29 South, Range 16 East) (Katherine B Horner) ANX 01-08-26 (PLD) The applicant has requested annexation and zoning of Low Medium Density Residential for 1517 Country Lane East to obtain City sanitary sewer service. Pinellas County will continue to provide water service. Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; mcc11 b01 14 11/15/01 . . . and 4) applications will not have an adverse impact on the natural environment. The Community Development Board unanimously recommended approval. Commissioner Hart moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1517 Country Lane East at Lot 6, Country Lane Subdivision in Section 08, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6902-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6902-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6903-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6903-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6904-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6904-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #17 - Public Hearing & First Reading Ord #6839-01 - Vacating the alleys and easements on the subject property, subject to the applicant providing an easement over all existing and proposed utilities and the applicant assuming the cost of relocation of public and private utilities (Church of Scientology Religious Trust, V2001-17). (PW) The applicant proposes to vacate all alleys and easements on the subject property and redevelop the property with a parking garage, auditorium, and emergency power building for the Scientology training center, currently under construction. Verizon Media Ventures, Inc. and Time Warner do not object to the vacation request. Florida Power Corporation has no objections if the applicant dedicates a distribution easement or pays to relocate their facilities. Verizon of Florida has no objection to the vacation of a portion of the alley from East Ave. to a point 297 feet west, otherwise easements or payment for relocation costs will be required. mcc11 b01 15 11/15/01 . . . Pinellas County General Services, owner of Lot 1, Block 12, Magnolia Park, objects to the request unless the County receives title to the north one-half of the alley and all of the three-foot easement lying along the west property line. The City of Clearwater has sanitary sewer, water and stormwater utilities in the areas to be vacated. Pubic Works Administration has no objections to the vacation request subject to the applicant providing an easement over all existing facilities and assuming the cost to relocate all public and private utilities. The City Manager reported the Interim County Administrator was unaware of Pinellas County's letter of objection regarding the proposed vacation. By law, the City cannot require a portion of a vacation to be granted to the County or to any party. The land reverts back to the original property, which is owned by the Church of Scientology. The City Attorney stated she was unable to reach the County Attorney to discuss this issue. Carl Barrons, representing Pinellas County, said the County was requesting that a portion of the vacated land be conferred to the County. He said while the alleyway had been taken from the adjacent property owner, and not from the County, he requested permitting the County to acquire a portion of the right-of-way to protect its investment. Ed Armstrong, representative for the Church of Scientology, stated the County's property is used as a parking lot. A parking garage is planned for the subject property. Mr. Barrons indicated the loss of the alley will remove an access point to the parking lot. He said the County wants to buffer its property from development. In response to a question, City Engineer Mike Quillen said while the site plan is not finalized, required setbacks will be enforced. He said the request is for the Commission to declare the City no longer needs the property. The City Attorney said the City does not own the land and cannot decide which property receives it. Mr. Barrons said if conveying the land to the County is not a legal option, the County rescinds its letter of objection. It was stated it is important the City and County work closely together and Mr. Barrons was thanked for his presence. Commissioner Hamilton moved to approve the applicant's request to vacate the alleys and easements as described in Exhibit "A" of the proposed ordinance and pass Ordinance No. 6839-010n first reading subject to the applicant providing an easement over all existing and proposed utilities and the applicant assuming the cost of relocation of public and private utilities. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6839-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6839-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. mcc11 b01 16 11/15/01 . . . "Nays": None. ITEM #18 - Public Hearing & First Reading Ord #6917-01 - Adoption of Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (PLD) In July 2001, the City Commission adopted Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. David Mack, owner of the Yacht Basin Apartment site, presented his plan for the property to the beach community, the general community, and the City Commission. On September 20, 2001, the Commission directed staff to determine the feasibility of amending Beach by Design regarding this project. Proposed amendments are to provisions of the Marina Residential District and height regulations in the Design Guidelines. The proposed amendment allows additional height in exchange for significant lot consolidation and standards for building mass and enhanced design. Two and one-half acre parcels are permitted a building up to 70 feet in height. Five-acre or larger parcels are permitted buildings up to 100 feet in height. To prevent walling off the bay, buildings taller than 35 feet cannot occupy more than 50% of bayside property frontage. In exchange for building height, developers must provide a ten-foot easement along the bayside to link with streetscape improvements required by the Yacht Basin site developer. A traffic analysis will be required if East Shore Drive is to be vacated as part of a consolidation effort. Proposed amendments require the Yacht Basin property be developed with lower building heights along the property's perimeter and higher buildings on the site's interior, featuring a stepped back design. The developer is required to provide streetscape improvements along Mandalay Avenue and Baymont Street and contribute to construction of an area parking garage. An amendment is proposed to height requirements in the Design Guidelines. Current language limits height to 100-feet, unless a project uses the density pool or transfer of development rights. The proposed amendment would limit building height based on zoning district requirements, unless otherwise specified in the Future Land Use District of Beach by Design. The CDB recommended approval. David Mack presented a north view of the elevation from the recreation center. Discussion ensued regarding the alignment of the towers. In response to a question, Mr. Mack said the design had been modified to narrow the center portion of the tower, similar to a butterfly design. One resident requested the item be delayed until more public input has been received. One resident spoke in support of the project. It was felt the process to amend Beach by Design is deficient. Mr. Mack was complimented for holding a series of public meetings regarding this project. Resident support of proposed improvements to the property was noted. It was felt a developer should not be permitted to increase the height of a building by 50 feet if the site is mcc11 b01 17 11/15/01 . receiving only one TOR (transfer of development rights), It was recommended the City Commission be responsible for decisions to allow buildings taller than 100 feet on Clearwater beach. Commissioner Jonson moved to direct the City Manager to prepare an amendment to the Community Development Code to require City Commission approval of site plans for buildings over 100 feet within the Clearwater beach redevelopment area. The motion was duly seconded. It was stated the COB is comprised of professionals and City Commission members are not trained to make land use decisions. It was felt the issue should have been discussed first at work session before requiring the City Manager to go through this process. It was stated the City has boards and committees because Commission members are not experts on the wide range of issues related to City government. It was noted the City Commission makes decisions regarding many issues for which they have no expertise. It was stated the public has indicated it wants the City Commission to be the final authority on items of critical importance. Upon the vote being taken, Commissioners Hart, Gray, and Jonson voted "Aye"; Commissioner Hamilton and Mayor Aungst voted "Nay." Motion carried. . Concern was expressed minor modifications to site plans approved by staff could make a big difference when the project is complete. Ed Armstrong, representative for Greenmack Clearwater, LLC, said every project is modified during development. In response to a question, Planning Director Cyndie Tarapani said staff analysis determined the project meets step back requirements. Staff can approve an increase in the size of a setback but the COB must approve a setback reduction. The site plan is binding on a property until the COB approves changes. Mr. Mack said the project has been designed to meet Beach by Design setback requirements. It was stated Beach by Design is a work in progress and that proposed amendments are reasonable. It was noted the subject property is the largest single parcel on the beach feasible for development. Mr. Mack said he had hosted several meetings before September 2001, and the public has had two months to express concerns. He requested approval not be delayed. It was felt the proposed changes are positive. Opposition was expressed to amending Beach by Design each time a developer proposes a new project. Commissioner Hamilton moved to approve amendments to Beach by Design. The motion was duly seconded. Commissioners Gray, Hamilton, Jonson, and Mayor Aungst voted "Aye"; Commissioner Hart voted "Nay." Motion carried. To address concerns some have with this process, staff was directed to schedule a public input meeting regarding this issue after Thanksgiving. . The City Attorney presented Ordinance #6917-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6917-01 on first reading. The motion was duly seconded and upon roll call, the vote was: mcc11 b01 18 11/15/01 . . . "Ayes": Gray, Hamilton, Jonson, and Aungst. "Nays": Hart. Motion carried. The Commission recessed from 8: 11 to 8:24 p.m. ITEM #19 - Public Hearing & First Reading Ord #6912-01 - Zoning Atlas Amendment for 501 Mandalay Avenue (Yacht Basin Subdivision, Lots 1 through 9) (Greenmack Clearwater, LLC) Z01-09-03 (PLD) This is one of two companion items, along with Item #18, related to Clearwater Beach. Greenmack Clearwater, LLC requests to rezone the Yacht Basin Subdivision at 501 Mandalay Avenue from Medium High Density Residential (MHDR) to High Density Residential (HDR). The 6.164-acre site has 9 parcels and is developed with a 202 unit, low-rise, multi-family development. The applicant proposes to redevelop this site with a 200 unit multi-family development including townhouses, a 99-foot tower, and a 130-foot tower. The Code allows a structure, which is non-conforming with respect to density, to be constructed on the same parcel of land if it meets all Code requirements. The Future Land Use Plan category for this site is Residential High, which permits 30 dwelling units per acre. Both the MHDR and HDR zoning categories allow for the same development potential. The applicant is requesting this rezoning to allow high-rise residential development. The maximum height allowance in the MHDR district is 50 feet and the maximum potential height allowance in the HDR district is 130 feet, through a flexible development approval if property is located on Clearwater Bay. Staff determined the proposed rezoning is consistent with the Code. The CDB recommended approval. One resident spoke in support of the process. In response to a question, the City Attorney said the proposed zoning is not site plan controlled. The City Commission will not review the site plan again. The plan was complimented. It was noted Mr. Mack is helping fund a parking garage. Commissioner Hart moved to approve a Zoning Atlas Amendment from Medium High Density Residential (MHDR) to High Density Residential (HDR) for property at 501 Mandalay Avenue, consisting of Lots 1 through 9, Yacht Basin Subdivision in Section 05 - Township 22 South - Range 15 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6912-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6912-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc11 b01 19 11/15/01 . ITEM #20 - Public Hearing & First Reading Ord #6897-01, 6898-01 - Land Use Plan Amendment and Rezoning for properties at 826 & 832 Woodlawn Street; 1517 Tilley Avenue & 1520 Prospect Avenue consisting of Metes & Bounds 32/02, 32/07, 32/08, Lots 11 & 12, Block C, Second Addition to Belmont Subdivision, and Lots 43 & 44, Block C, Second Addition to Belmont in Section 22, Township 29 South, Range 15 East. (Woodlawn Church of God; Representative: Pastor Randy Morris) LUZ 01-08-06 (PLD) Woodlawn Church of God, the property owner, requested this plan amendment to bring all church-owned properties into one zoning district, with a compatible land use plan designation. The church, at 845 Woodlawn Street, is zoned Institutional (I) and has a future land use plan classification of Institutional (INS). This application involves 7.97 acres, seven parcels of land, which are north and south of the church. All of the parcels are zoned Medium Density Residential (MDR). Some parcels have a Future Land Use Plan category of Residential Medium and others are assigned Residential Urban. The current zoning and land use plan will not allow church related and institutional activities/ development at this site. The applicant requests amendments to the future land use plan and zoning designation to bring these parcels into consistency with the Countywide Plan, City's Comprehensive Plan, and Community Development Code. The amendments will permit the applicant to manage the parcels and redevelop the site with intended church and institutional uses. I . The applicant proposes to use the 1517 Tilley Avenue and 1520 Prospect Avenue properties for small prayer meetings, bible study classes and church offices. The 832 Woodlawn Street property will continue to be used for church parking. The applicant intends to use the parcel west of 832 Woodlawn Street for parking and, possibly, for a school. The applicant plans to use the eight condominium rental units at 826 Woodlawn Street for transitional housing for released prisoners, who have participated in a discipleship program while incarcerated. No sex offenders will be permitted to live in these units. The church also may use several units for missionaries and ministers who are on sabbatical. The remainder of this large parcel will be used for recreational and outreach purposes. The only contemplated improvements are an amphitheater and gazebo. The CDB unanimously recommended approval. In response to a question, Ms. Clayton said the church owns the two subject houses. It is proposed the entire church property be zoned institutional. Randy Morris, Woodlawn Church of God pastor, reviewed long range plans for the property. Commissioner Hart moved to approve a Land Use Plan Amendment from Residential Medium (RM) and Residential Urban (RU) to Institutional (INS), and a Zoning Atlas Amendment from Medium Density Residential (MDR) to Institutional (I) for properties at 826 & 832 Woodlawn Street; 1517 Tilley Avenue and 1520 Prospect Avenue consisting of Metes & Bounds 32/02, 32/07, 32/08, Lots 11 & 12, Block C, Second Addition to Belmont Subdivision, and Lots 43 & 44, Block C, Second Addition to Belmont in Section 22-Township 29 South-Range 15 East. The motion was duly seconded and carried unanimously. . mcc11 b01 20 11/15/01 . . . The City Attorney presented Ordinance #6897-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6897-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6898-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6898-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #21 - Ord #6879-01- (Cont'd from 11/01/01) - Vacating portions of the rights-of- way of Ewing Ave., Park St. and Pierce St. to retain a utility easement over the full width of Pierce St. (City of Clearwater V2001-21) (CA) The City Attorney presented Ordinance #6879-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6879-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #22 - Ord #6877-01 - Vacating the 30 foot roadway, drainage and utility easement lying along the South property line of M&B parcel 22/01 and the North property line of M&B parcel 22/21 in Section 16, Township 29 S., Range 16 E. (First Baptist Church of Clearwater, Inc. V2001-24) (CA) The City Attorney presented Ordinance #6877-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6877-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #23 - Ord #6880-01 - Vacating the 10 foot alley which lies adjacent to the East property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse's Subdivision, as recorded in Plat Book 4, Page 90 of the Official Records of Hillsborough County, Florida of which Pinellas County was formerly a part. (Howard Jimmie V2001-22) (CA) mcc11 b01 21 11/15/01 . . . The City Attorney presented Ordinance #6880-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6880-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, and Aungst. "Nays": Jonson. Motion carried. ITEM #24 - Ord #6881-01 - Vacating the North 17 feet of a 27 foot drainage and utility easement lying along the South property line of Lot 27, Walden Woods Subdivision, as recorded in Plat Book 70, Page 49 of the Official Records of Pinellas County, Florida, less the East 10 feet and the West 10 feet thereof. (O'Hyrn V2001-23) (CA) The City Attorney presented Ordinance #6881-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6881-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #25 - Ord #6915-01 - Providing for Water and Sewer Revenue Bonds to be issued in one or more series to fund the system capital improvements, and amending Ordinances 3674-84, 5355-93 and 6311-98. (CA) The City Attorney presented Ordinance #6915-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6915-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #26 - 35) - Approved as submitted less Item #35. ITEM #26 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1). Mansfield Oil company purchase contract diesel fuel & gasoline; 12/26/01 - 12/15/02; $950,000 (PUR) 2) Container System & Equipment Company, Inc purchase of 2002 International 2700 cab and chassis with 23 yard recycling body; $313,968 (PUR) 3) Declare surplus and authorize disposal through trade-in. (PUR) mcc11 b01 22 11/15/01 . . . ITEM #27 - Increase the award of contract to URS Corporation Southern, Tampa, Florida, from $359,135 to $521,979 an increase of $162,844 for additional soil remediation at 901-927 Cleveland Street (Parcel B) that is owned by the Community Redevelopment Agency, in accordance with Sec. 2.564 (1 He), Code of Ordinances - impractical to bid. (Dimmitt/Balk) (ED) On June 3, 1999 the City Commission approved the purchase by the eRA of two parcels of land along Cleveland Street (SR 60) for the purpose of residential redevelopment. ITEM #28 - Approve five-year Lease Agreement for Thomas C and Patricia A Wolkowsky, d/b/a Marina Restaurant for five (5) year period, for the total sum of $91,501.80, plus yearly Consumer Price Index increases. (MR) ITEM #29 - Approve change order #1 in the amount of $184,644 for existing storm pipe replacement for the N. Greenwood Reclaimed Water & Corridor Enhancements (01-0029- EN) to Steve's Excavating & Paving of Clearwater, Florida. (PW) ITEM #30 - Approve a contract with Clearwater Housing Authority ("CHA") to purchase two parcels of real property: (Parcel 1): a portion of Block II A ", Coachman Heights Revised Subdivision, as more particularly described therein, for $1,250,000, plus approximately $15,500 for title insurance and closing expenses, and estimated moving and relocation expenses up to $102,000 for CHA and four tenants, for a total acquisition amount of $1,367,500, and (Parcel 2): Lot 3, Block H, Avondale Subdivision to be conveyed in consideration of the City satisfying of record a $100,000 mortgage lien encumbering Parcel 1, plus estimated expenses of $1,875 for a Phase I environmental audit and closing costs, with total transaction costs for both parcels not to exceed $1,369,375. (PW) ITEM #31 - Approve Tampa Bay Engineering Work Order for Engineering Design Services for Rehabilitation of Sanitary Sewer Pump Station Number 55 and new 1 2-inch force main in the amount of $145,495. (PW) ITEM #32 - Authorize the City Attorney's Office pursuant to Clearwater Code of Ordinance, Section 2.036 (2) to initiate a civil action for outstanding amounts due to the city of Clearwater from Metal Culverts, loe for natural gas account # 4071416.) (CA) ITEM #33 - Request for authorization to obtain outside counsel regarding Granite State Outdoor Advertising vs. City. (CA) ITEM #34 - Authorize settlement of Boucher v. City of Clearwater, Case No. 00-00-8033- CI-15, for payment by City of $75,000 in exchange for full releases from plaintiffs and dismissal of action with prejudice. (CA) ITEM #35 - See below. Commissioner Gray moved to approve the Consent Agenda as submitted less Item #35 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. mcc11 b01 23 11/15/01 . . . ITEM #35 - Award a contract of the "Mandalay Avenue/Papaya Street/San Marco Street Reconstruction" (01-0019-EN) to Keystone Excavators, Inc of Oldsmar, Florida for the sum of $1,747,000 which is the lowest responsible bid received in accordance with the plans and specifications, and award a contract to Camp, Dresser & McKee, Inc. of Tampa, Florida, Engineer of Record (EOR) to provide construction administration services for the sum of $138,643 and award a contract to Post, Buckley, Schuh & Jernigan, Inc. of Tampa, Florida, EOR, to provide construction engineering and inspection services for the sum of $241,277.68 for a total project sum of $2,126,920.68. (PW) On February 15, 2001, the City Commission approved Clearwater beach development design guidelines in the plan, Beach by Design. This project will complete the Mandalay Avenue streetscape, as directed by Beach by Design, and complete the Papaya and San Marco streetscape projects, as required by the development agreement between the City and Mandalay Beach Club, Ltd. This project also includes construction of roundabout enhancements, recommended by the CBEAC (Clearwater Beach Entryway Advisory Committee) and approved by the City Commission on July 12, 2001. Phase 1 will modify the roundabout, relocate the pedestrian crossing on Mandalay Avenue, and reconfigure the medians, exterior curbing, pavement markings, landscaping, and irrigation. Phase 2 will address streetscaping on Mandalay Avenue, Papaya and San Marco streets. The project will begin at the first pedestrian crosswalk north of the roundabout and end just north of Baymont Street. Project elements include, curbing, decorative shell textured sidewalks, urban drainage system, reclaimed water main, traffic signage, decorative lighting, significant irrigated landscaping, hardscaping, undergrounding private utilities, at-grade brick pedestrian crossings, signalization, and associated appurtenances. Phase 1 will be completed prior to March 1, 2002, in time for Spring Break. Phase 2 will begin after completion of roundabout enhancements. All work will stop during March and April 2002 due to Spring Break. Costs for construction administration, construction engineering, and inspection have been allocated to each phase, based upon their share of the construction contract ($340,408.93 for Mandalay/Papaya/San Marco and $39,511.75 for the Roundabout modifications). Construction and allocated costs total $1,905,731.87 for Mandalay/ Papaya/San Marco and $221,188.81 for the roundabout modifications. This project will be completed in 365 calendar days. In response to a question, Mr. Quillen said the contract covers the cost to underground utilities and install conduits. Smaller utilities, such as Verizon, want to use their own contractors to pull their wires through the conduit. He estimated additional materials may cost $25,000. Commissioner Jonson moved to award a contract for the IIMandalay Avenue/ Papaya Street / San Marco Street Reconstruction" (01-0019-EN) to Keystone Excavators, Inc. of Oldsmar, Florida, for the sum of $1,747,000, which is the lowest responsible bid received in accordance with the plans and specifications, and; award a contract to Camp, Dresser & McKee, Inc. of Tampa, Florida, EOR (Engineer of Record) to provide mcc11 b01 24 11/15/01 . . . construction administration services for the sum of $138,643, and; award a contract to Post, Buckley, Schuh & Jernigan, Inc. of Tampa, Florida, EOR, to provide construction engineering and inspection services for the sum of $241,277.68 for a total project sum of $2,126,920.68 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #36 - Res. #01-21 Establishing the intent to reimburse certain stormwater project costs incurred with proceeds of future tax-exempt financing. (FN) The Storm water rate study proposes to increase the Storm water Utility rate to $6.13 per Equivalent Residential Unit (ERU) effective January 1, 2002, to $7.16 per ERU effective October 1, 2002, to $8.01 per ERU effective October 1, 2003, to $8.65 per ERU effective October 1, 2004 and to $9.35 per ERU effective October 1, 2005. These rate increases are sufficient to provide for operations, capital projects, and debt service on bonds issues during this time period. The rate study identified a need for approximately $72.4 million in capital projects, with bonds to be issued in 2002 of approximately $22,687,000, in 2004 of approximately $22,226,000, and in 2006 of approximately $7,979,000 to fund a portion of the needed capital improvements. Projects anticipated to be financed from the 2002 bond issue total $22,687,000: 1) $2,528,300 - Town Pond; 2) $12,538,080 - Kapok Flood Resolution; 3) $255,000 - Myrtle Avenue Drainage Improvements; 4) $900,000 - Sharkey Road Drainage Improvements; 5) $3,255,000 - Stevenson's Creek Implementation Projects; 6) $550,000 - Tropic Hills Drainage Improvements; 7) $968,000 - FDEP Compliance; and 8) $1,692,620 - Storm Pipe System Improvements. Staff anticipates issuing bonds in Spring 2002 to finance these projects. The date of issuance will be determined based upon market conditions and other factors. The Stormwater Fund will incur expenses on these projects prior to issuance of the bonds. This reimbursement resolution will allow the City to be reimbursed from Bond proceeds. Commissioner Gray moved to approve establishing the intent to reimburse certain storm water project costs incurred with proceeds of future tax-exempt financing and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-21 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #01-21. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc11 b01 25 11/15/01 . ITEM #37 - Award a contract for consultant services in the amount of $2,556,533 to HDR Engineering, Inc. of Tampa, Florida for property management, acquisition of mobile homes and relocation for development of the Kapok Wetland and Floodplain Restoration Project. (PW) The June 1997 Comprehensive Watershed Management Plan for the Alligator Creek Watershed, developed cooperatively with Clearwater, Pinellas County, Safety Harbor, and SWFWMD (Southwest Florida Water Management District) rated the Kapok Wetland and Flood Plain Restoration Project as the top ranked flood control project. The project includes purchase of the 37-acre mobile home park and relocation of its residents, allowing for flood plain restoration, wetland creation, habitat and water quality improvement, and recreation and educational facilities. The project, from the mobile home park upstream through Cliff Stephens Park to US 19N, will allow resolution of flooding problems in the upstream reaches of the basin within County and City jurisdiction. Improvements in the upstream reaches of the basin cannot be implemented without exacerbating flooding in the mobile home park. The project will improve water quality in Alligator Creek and protect Tampa Bay, an Estuary of National Significance, S.W.I.M. Waterbody, and Outstanding Florida Water and Aquatic Preserve. The project also will allow continuance of a linear park from the Long Center on Belcher Road to Tampa Bay. . A single owner, a management company that manages other parks in Florida and in the U.S., holds the mobile home park property and has indicated a willingness to sell. The City advertised its need for a consulting firm for services for the acquisition of mobile homes, relocation of residents, and management of the park during the relocation. Four firms responded to the request for proposals and were ranked: 1) HDR Engineering, Inc.; 2) Tampa Bay Engineering Group, Inc.; 3) PBS&J; and 4) Wade Trim, Inc. The contract developed through negotiation with HDR is $2,556,533. SWFWMD has committed $3-million in funding in FY (fiscal year) 2002 and 2004 for design and construction. In August 2001, the City applied for funding through the Florida Forever Program, and is optimistic that funding will be approved as the submittal was ranked very high. These costs were included in the FY2001 Storm water Utility rate study update. The rate study update recommended interim financing in anticipation of the issuance of Stormwater Revenue Bonds in FY2002. Mr. Miller said the project is necessary to address upstream flooding. The HDR bid was the only one received that included a relocation manager who would be sensitive to resident needs. Fixed items will be charged an hourly rate. Staff is working to decrease costs but needs to be sensitive to fair market property values. Protecting the interest of residents is an important aspect of the project. . Concern was expressed the City had appraised the value of the mobile home park property at $5-million but the property owner is asking between $7- and $8-million. The mcc11 b01 26 11/15/01 . . . City Manager was challenged to assure negotiations with the property owner are appropriate, and if not to consider an alternative location for the project. It was noted the project would not be successful if relocated. It was suggested if property costs exceed a yet to be determined not to exceed number, the project be reengineered to locate retention ponds in other parks. The City Manager said staff has worked long and hard on this project to solve flooding problems. Public Works Administrator Mahshid Arasteh said staff is cognizant of allocation costs and will do due diligence to complete the project for the lowest possible cost. HDR and staff have considered alternatives but determined other solutions would be more costly. It was stated grant funds currently are available for use on this project. Two people spoke in support of the project, and complimented the City on the positive treatment of the mobile home park residents. Mr. Miller was complimented for his tenacity over the past five years in working on this project. Commissioner Hart said he will advocate for additional funding sources. Commissioner Gray volunteered to convey Commissioner support in Tallahassee. Consensus was to support her efforts. Commissioner Jonson moved to award a contract for consultant services in the amount of $2,556,533 to HDR Engineering, Inc. of Tampa, Florida for property management, acquisition of mobile homes and relocation for development of the Kapok Wetland and Floodplain Restoration Project and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #38 - Environmental Advisory Board - 1 Appointment Commissioner Gray moved to appoint Clorinda (Cookie) Gilreath. The motion was duly seconded and carried unanimously. ITEM #39 - Parks and Recreation Board - 1 Appointment Commissioner Hamilton moved to appoint James D. Appelt. The motion was duly seconded and carried unanimously. ITEM #40 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #41 - Other City Attorney Items - None. ITEM #42 - City Manager Verbal Reports The City Manager reported a December conference at Harborview Center will attract 1,200 employees of a tool company plus 500 vendors. It was indicated City Commission members are available to address the group. mcc11 b01 27 11/15/01 . . . It was recommended residents check into local hotels and support area restaurants. The City Manager requested Commission feedback on the list of project initiatives staff will try to accomplish by the end of December. ITEM #43 - Other Commission Action Commissioner Hart said he had participated in the Frenchy's Open and thanked Frenchy's for its sponsorship. Commissioner Gray said she had attended the Library Foundation's annual luncheon today and reported the cookbooks have sold out. Commissioner Gray complimented staff for hosting a public meeting on the beach regarding a pedestrian bridge. Commissioner Jonson stated he is attending the Florida League of Cities legislative conference and reported legislative priorities are redistricting, budget, homeland security, and economic development. Commissioner Jonson recommended City Commission representation at all Suncoast Municipal League and Mayor's Council meetings. Commissioner Jonson reported re the worksheet he had distributed, the Commission ranked City Manager prioritized goals and objectives: 1) public safety; 2) infrastructure maintenance; 3) economic development; 4) quality of life; and 5) human resources. Commissioner Jonson requested a discussion be agendaed for a work session regarding procedures related to Commissioners bringing forward items for consideration. Commissioner Jonson said language in the National Estuary Program Resolution was modified and encourages SWFWMD (Southwest Florida Water Management District) to increase reclaimed water project funding to protect Tampa Bay. Commissioner Jonson said a New Jersey attendee to St. Petersburg's National Estuary Program indicated his impression of the area had improved dramatically since his visit here in the 1980s. Commissioner Jonson said he enjoyed his participation in yesterday's Great American Teach-In. Commissioners Jonson and Hamilton, and Mayor Aungst thanked the South Clearwater Progressive Citizen's group for hosting yesterday's thanksgiving dinner. Commissioner Jonson said he had attended the Sergeant Allen Moore Safe House Annual Meeting and Banquet where the speaker discussed youth assets. The organization expressed thanks for Police Department community efforts. mcc11 b01 28 11/15/01 . Commissioner Jonson said Lexington Club at Renaissance residents enjoy their homes and appreciate provided subsidies. Commissioner Jonson and Mayor Aungst invited residents to participate in next week's Turkey Trot. Commissioner Jonson reviewed blessings associated with Thanksgiving and encouraged residents to be generous with those less fortunate. He expressed gratitude for opportunities availed him as a Commission member. Commissioner Hamilton and Mayor Aungst invited residents to the Harborview Center from November 20 - 25, 2001, to attend the Festival of Trees, which benefits community children's programs. Commissioner Hamilton and Mayor Aungst wished the City a happy and safe Thanksgiving. Mayor Aungst requested permission to attend the Conference of Mayors at the end of January 2002. He will not be able to attend that week's Commission meeting. Consensus was to approve the trip. . Mayor Aungst said on November 3, 2001, he attended the American Heart Association kick-off at the Ice Palace, a welcome at Coachman Park for the Native American Festival, and then modeled in a fashion show to benefit the Marine Science Center. Mayor Aungst said on November 13, 2001, he participated in the Salvation Army kettle kick-off campaign at Station Square Park and encouraged residents' generosity. Mayor Aungst reported the Greater Clearwater Public Library Foundation held its annual meeting today at the Island Way Grill. Mayor Aungst said today, the annual Turner Award for Excellence honored Paramedics of the Year, Lead Medic Gary Spence, and Paramedics James "Brent" Bronson and Gerard DeVivo. Mayor Aungst said downtown holiday lights will be turned on at the "Lightacular" at Station Square Park on November 23, 2001, at 6:00 p.m. Mayor Aungst said the ground breaking for the Sand Key Fire Station is scheduled for November 27, 2001 at 2:00 p.m. Mayor Aungst said on November 30, 2001, the City will welcome to City Hall, the Russian Leadership delegation, who will be here to learn about city and county governments, courtesy of the Friendship Force of the Suncoast. . mcc11 b01 29 11/15/01 . . . Mayor Aungst said the ground breaking for the new downtown Publix will be celebrated on November 30, 2001 at 12:00 noon. Mayor Aungst said on December 1, 2001, the Holiday Bazaar and Family Festival will take place downtown between 9:00 a.m. and 8:00 p.m. Mayor Aungst said a 97X concert is scheduled for December 2, 2001 at Coachman Park. Mayor Aungst said on December 6, 2001, the Commission will participate in the Christmas Parade at Bayview Gardens. Mayor Aungst said the City's annual holiday parade will take place on December 7, 2001. Mayor Aungst said Holiday Sights and Sounds at Coachman Park is scheduled for December 8, 2001. Mayor Aungst reported the next work session is scheduled for December 10, 2001. ITEM #44 - Adjournment The meeting adjourned at 9:35 p.m. MaiJc;;/.~ Attest: C r- ..-. . ) :~t~" A ~'--~ i \tv 'Clerk 'J )L,~ mcc11 b01 30 11/15/01