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12/13/2001 . CITY COMMISSION MEETING CITY OF CLEARWATER December 13, 2001 Present: Brian J. Aungst Ed Hart Whitney Gray HoyfP. Hamilton William C. Jonson Mayor/Commissioner Vi ce-M ayor /Com miss io ner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:05 p.m. at City Hall. Commissioner Hart offered the invocation. 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 One service award was presented to a City employee. Proclamation: Miniature Arts Month - January 2002 ITEM #4 - Presentations a) Festival of Trees City Tree Lisa Chandler and Angie Sheridan were presented plaques in recognition of their commitment and creativity for decorating the tree that won the 2001 Mayors Cup at this year's Festival of Trees, which benefits Pinellas County children's programs. b) Suncoast Section of the Florida American Planning Association Award of Merit for Beach by Design Randy Kranjec and Sirimatee Ojah-Maharaj, of the Suncoast Section of the Florida American Planning Association, presented the Award of Merit for the City's plan, Beach by Design. . mcc1201 1 12/13/01 . . . c) Turkey Trot Awards For the 23rd annual Turkey Trot, the Iron Turkey Award was presented to the Engineering/Public Works Administration Department and the Stuffed Turkey Award was presented to the City Manager Office/Economic Development/Human Relations Team. d) United Way Fire Lieutenant Larry Browett presented to County Commissioner Calvin Harris, Pinellas County United Way Chair, a mock check for $101,763.92, representing City staff's United Way contribution. Institute for Elected Municipal Officials Commissioner Jonson was presented a certificate for completion of the Florida League of City's Institute for Elected Municipal Officers. ITEM #5 - Approval of Minutes Commissioner Gray moved to approve the minutes of the regular meeting of November 15, 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 Jay Keyes, of the Clearwater Beach Association, invited residents to Christmas Caroling on December 20, 2001 at the pavilion at Pier 60 Park at 7:00 p.m. Jay Keyes & Carl Wagonfohr encouraged the City to replace beach Police Aides to deter crime. Carl Wagonfohr requested the City return the Annual Folk Arts Festival to the calendar of activities. Ed Hooper praised the Planning Department's staff and Business Plan Review Committee. Duke Tieman thanked the Commission for attending the South Greenwood Dinner of Thanks. He said the boxing tournament on November 24, 2001 was a huge success. He encouraged the program be continued and requested assistance in finding a larger facility. mcc1201 12/13/01 2 . . . PUBLIC HEARINGS ITEM #7 - Public Hearing - approve the City of Clearwater FY 2000-2001 Consolidated Annual Performance and Evaluation Report (CAPER) HSG USHUD (U. S. Department of Housing & Urban Development) uses CAPER (Consolidated Annual Performance and Evaluation Report, the principal administrative report documenting City expenditures of CDBG (Community Development Block Grant) and HOME (Housing Opportunity Made Equal) Programs funds, for program monitoring, compliance verification, and financial audit review. Report information allows HUD to assess the City's ability to accomplish relevant CPD (Community Planning Development) programs in compliance with rules and regulations. The report provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and meeting Consolidated Plan objectives. The City's FY 2000/01 CAPER includes information related to: 1 )assessment of three to five year goals and objectives; 2) fair housing; 3) affordable housing; 4) continuum of care; 5) leverage of resources; 6) citizens comments; and 7) self-evaluation Commissioner Hamilton moved to approve the City's FY 2000//2001 Consolidated Annual Performance and Evaluation Report. The motion was duly seconded and carried unanimously. ITEM #8 - Public Hearing & First Reading Ord #6906-02, 6907-02, 6908-02- Annexation, Land use Plan and Zoning Atlas Amendments for 1262 Brookside Road (Lot 12, Lake Lela Manor First Addition in Section 24, Township 29, Range 15 East) (Eric M & Calista A Zebley) ANX 01-09-27 PLD The applicant has requested annexation and zoning of Low Medium Density Residential for 1262 Brookside Road to obtain sewer services. 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 Jonson 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 1262 Brookside Road (Lot 12, Lake Lela Manor First Addition in Section 24, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. mcc1201 3 12/13/01 . . . The City Attorney presented Ordinance #6906-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6906-02 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 #6907-02 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6907-02 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 #6908-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6908-02 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 #9 - Public Hearing & First Reading Ord #6834-01 vacating portions of the street rights-of-way of Ewing Avenue, Park Street and Prospect Avenue as described in Exhibit "A" of the proposed ordinance, subject to the developer of the Mediterranean Village on the Pond obtaining approval of a development agreement for the project from the City Commission within six months of the effective date of this ordinance (V200 1-16 City of Clearwater) PW The vacation request is to enable the redevelopment project known as "Mediterranean Village on the Pond", Public Works Administration has no objections to the requested vacation subject to the condition that the Mediterranean Village on the Pond developer obtains an approved development agreement from the City Commission within six months of the effective date of the vacation ordinance. Florida Power, Time Warner, Verizon and Verizon Media Ventures, Inc. have no objection to the vacation request. The City has water, gas, sanitary sewer, and storm water facilities in the street right-of-way portions proposed to be vacated. Clearwater Gas has facilities in the area and supports the vacation request provided that an easement is placed over their existing facilities. mcc1201 4 12/13/01 . . . Commissioner Jonson moved to approve the applicant's request to vacate portions of the street rights-of-way of Park Street and Prospect Avenue as described in Exhibit II A" of the proposed ordinance, subject to the developer of the Mediterranean Village on the Pond obtaining approval of a development agreement for the project from the City Commission within six months of the effective date of this ordinance. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6834-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6834-01 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 # 6919-02 vacating the west 5 feet of the drainage and utility easement lying along the east property line of Lot 48, Cypress Bend of Countryside, Unit I, (AKA 2661 Winding Woods Lane) (V2001-25 Malkasian) PW The applicant is requesting the vacation in order to construct a deck around a proposed in-ground swimming pool behind the single-family residence. The City has no utilities in the subject easement. Florida Power, Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested. Pubic Works Administration has no objections to the vacation request. Commissioner Gray moved to approve the applicant's request to vacate the West 5 feet of the drainage and utility easement lying along the East property line of Lot 48, Cypress Bend of Countryside, Unit I, (AKA 2661 Winding Woods Lane), as recorded in Plat Book 76, Page 10 of the Official Records of Pinellas County, Florida, less the South 5 feet and the North 5 feet thereof. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6919-02 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6919-02 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 #6913-02, 6914-02 - Land Use Plan Amendment and Rezoning for property at 807 Jeffords Street (Lot 7, Block 3, Milton Park subdivision in Section 21, Township 29 South, Range 15 East) (Edsel D & Vicki A Hargis) LUZ 01-09-07 PLD mcc1201 5 12/13/01 . . . The 0.17-acre site, developed with a 702 square-foot single-family residence, is located in an Office zoning district, which does not permit single-family dwellings. This property is a non-conforming use. The applicants propose to construct a 700 square-foot addition. As a nonconforming use, this single-family residence may not be expanded under the current zoning category. The applicants propose to amend the Future land Use Plan designation of this property from Residential/Office General (RO/G) to Residential Urban (RU) and to rezone this property from Office (0) to Medium Density Residential (MDR) district to render this site conforming. The proposed land use plan amendment constitutes a small scale amendment pursuant to Florida Statues 163.3187(IIIHf), involving a residential land use with a density of 10 units or less per acre. The PPC (Pinellas Planning Council) will review the land use plan amendment as a level 1- Type A sub-threshold amendment. The proposed amendment is compatible with existing uses in the area. Surrounding properties are predominately residential. The proposed rezoning and land use plan amendment will enhance the redevelopment, which will increase area property values and attractiveness area. The amendment is consistent with and furthers the goals, policies and objectives of the Code to promote in-fill development. Staff has determined the proposed land use plan amendment and rezoning are consistent with Code. Commissioner Hamilton moved to approve a land Use Plan Amendment from Residential/Office General (R/OG) Category to Residential Urban Category, and a Zoning Atlas Amendment from the Office (0) Zoning District to the Medium Density Residential (MDR) Zoning District for 807 Jeffords Street (lot 7, Block 3, Milton Park Subdivision in Section 21, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6913-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6913-02 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 #6914-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6914-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. mcc1201 12/13/01 6 . . . Public Hearing - Second Reading Ordinances ITEM #12 - 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) CA The City Attorney presented Ordinance #6904-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6904-01 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 #13 - Ord #6866-01- Annexation for 2678 North Terrace Drive,(Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Alicia A Medeiros) ATA ANX 01-07-17 CA The City Attorney presented Ordinance #6866-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6866-01 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 #14 - Ord #6867-01- Amending future Land Use Plan to Residential Low for 2678 North Terrace Drive,(Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Alicia A Medeiros) ATA ANX 01-07-17 CA The City Attorney presented Ordinance #6867-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6867-01 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 #15 - Ord #6868-01 - Amending Zoning Atlas to Low Medium Density Residential (LMDR) for 2678 North Terrace Drive,(Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Alicia A Medeiros) ATA ANX 01-07-17 CA mcc1201 12/13/01 7 . The City Attorney presented Ordinance #6868-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6868-01 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 #16 - Ord #6917-01 - Adopting amendments to Beach by Design: A Preliminary design for Clearwater Beach and design guidelines CA 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, has 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. The City Attorney presented Ordinance #6917-01 for second reading and read it by title only. . mcc1201 8 12/13/01 . Twelve people spoke in favor and eight people spoke in opposition to the proposed amendments. In response to a question, Planning Director Cyndi Tarapani said proposed amendments include two height provisions on East Shore: 1) heights up to 70 feet may be approved if 2.5 acres are assembled and 2) heights up to 100 feet may be approved if 5 acres are assembled. It was recommended these restrictions not be amended again. The yacht basin zoning district permits heights up to 130 feet. Concern was expressed not requiring the yacht basin property to provide an easement for the waterfront boardwalk may establish a precedent and also remove the requirement for an East Shore developer. Ms. Tarapani said Mr. Mack, the yacht basin developer, has proposed an alternative to the boardwalk, which connects East Shore with the Mandalay retail corridor and is enhanced with streetscaping. She said a waterfront boardwalk along the Mack property is not as desirable as it would lead pedestrians to an area near the recreation center and away from commercial businesses. The goal is to connect an East Shore boardwalk with the Mandalay retail district. East Shore developers who assemble sufficient land to take advantage of the special height provisions will be required to dedicate a waterfront easement for the future construction of a boardwalk. Funding for construction, access hours, and other details related to a boardwalk have not been determined. It was noted boardwalk action can include skateboarding and similar activities which can be disturbing to residents late at night. . Discussion ensued and concern was expressed that it b4e clear that buildings taller than 35 feet, cannot occupy more than 50% of the site's waterfront, even if only a portion of the structure is over 35 feet high. The City Attorney said the intent of the restriction references the entire structure. Discussion ensued with opinions being expressed that public sentiment supported buildings with height on north beach along the bay instead of the gulf; there needs to be adequate separation between tall buildings; developments allowed by these modifications would increase the tax rolls; a more attractive product and improvements to the beach environment are necessary for the City to continue to support itself; not allowing height incentives for land consolidation will result in "boxy" buildings that block view corridors; amendments will not increase water usage nor wall off the waterfront. It was felt Beach by Design should be more generic and only be adjusted when good for the entire board. Concern was expressed future problems with Beach by Design be avoided by limiting height bonuses available with transfers of development rights. In response to a question, Ms. Tarapani said without consolidations, standard development along East Shore can be as high as 50 feet. Planning Manager Gina Clayton said those buildings could have as many as five stories. The City Manager reviewed the process used to develop Beach by Design, noting the plan is designed to evolve. . mcc1201 9 12/13/01 . In response to a question, Ms. Tarapani said a developer of an East Shore land assembly project could theoretically increase the building's height by 50% if certain concessions are met and it is approved by the CDB (Community Development Board). If transfers of development rights also are proposed, regulations would conflict. The CDB is responsible for transfer of development right approvals. It was recommended adopted guidelines be clear. Assistant City Manager Ralph Stone said the intent is to allow a mix of uses on East Shore and Poinsettia. These amendments prescribe view corridors and heights. A successful retail district requires a healthy number of businesses. It was requested traffic engineering reconsider the prohibition of right turns on red off Baymont, heading north on Mandalay. Commissioner Hamilton moved to pass and adopt Ordinance #6917-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson and Aungst. "Nays": Hart. Motion carried . The Commission recessed from 8:30 to 8:52 p.m. ITEM #17 - Ord #6912-01 - Zoning Atlas Amendment to High Density Residential (HDR) for 501 Mandalay Avenue (Yacht Basin Subdivision, Lots 1 through 9) (Greenmack Clearwater, LLC) ZO 1-09-03 CA The City Attorney presented Ordinance #6912-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6912-01 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 #18 - Ord #6869-01- Annexation for 2684 North Terrace Drive, (Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Pamela L Rakes) ATA ANX 01-07-18 CA The Mayor presented Ordinance #6869-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6869-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Jonson and Aungst. . mcc1201 10 12/13/01 . . . "Nays": None. Absent: Hamilton. ITEM #19 - Ord #6870-01- Amending Land Use Plan to Residential Low for 2684 North Terrace Drive, (Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Pamela L Rakes) ATA ANX 01-07-18 CA The Mayor presented Ordinance #6870-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6870-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Jonson and Aungst. "Nays": None. Absent: Hamilton. ITEM #20 - Ord #6871-01 - Amending Zoning Atlas to Low Medium Density Residential (LMDR) for 2684 North Terrace Drive, (Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Pamela L Rakes) ATA ANX 01-07-18 CA The Mayor presented Ordinance #6871-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6871-01 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 #21 - Ord #6882-01- Annexation 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 CA The Mayor presented Ordinance #6882-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6882-01 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. mcc1201 12/13/01 11 . ITEM #22 - Ord #6883-01- Amending Land Use Plan 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 CA The Mayor presented Ordinance #6883-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6883-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson and Aungst. "Nays": None. Absent: Hart ITEM #23 - Ord #6884-01 - Amending Zoning Atlas to Residential Suburban 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 CA . The Mayor presented Ordinance #6884-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6884-01 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 #24 - Ord #6885-01- Annexation 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 CA The Mayor presented Ordinance #6885-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6885-01 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 #6886-01- Amending Land Use Plan to Residential Low 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 CA . mcc1201 12 12/13/01 . The Mayor presented Ordinance #6886-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6886-01 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 #26 - Ord #6887-01 - Amending Zoning Atlas to Low Medium Density Residential (LMDR) 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 CA The Mayor presented Ordinance #6887-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6887-01 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 #27 - Ord #6888-01- Annexation 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 CA The Mayor presented Ordinance #6888-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6888-01 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 #28 - Ord #6889-01- Amending Land Use Plan to Residential Low 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 CA The Mayor presented Ordinance #6889-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6889-01 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. . mcc1201 13 12/13/01 . ITEM #29 - Ord #6890-01 - Amending Zoning Atlas to Low Medium Density Residential (LMDR) 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 CA The Mayor presented Ordinance #6890-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6890-01 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 #30 - Ord #6891-01- Annexation 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 CA The Mayor presented Ordinance #6891-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6891-01 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 #31 - Ord #6892-01- Amending Land Use Plan to Residential Low for 171 6 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 CA The Mayor presented Ordinance #6892-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6892-01 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 #32 - Ord #6893-01 - Amending Zoning Atlas to Low Medium Density Residential (LMDR) 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 CA . mcc1201 14 12/13/01 . The Mayor presented Ordinance #6893-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6893-01 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 #33 - Ord #6894-01- Annexation 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 CA The Mayor presented Ordinance #6894-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6894-01 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 #34 - Ord #6895-01- Amending Land Use Plan to Residential Low 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 CA The Mayor presented Ordinance #6895-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6895-01 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 #35 - Ord #6896-01 - Amending Zoning Atlas to Low Medium Density Residential (LMDR) 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 CA The Mayor presented Ordinance #6896-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6896-01 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. . mcc1201 15 12/13/01 . . . ITEM #36 - Ord #6897-01- Land Use Plan Amendment to Institutional 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 CA The City Attorney presented Ordinance #6897-01 for second reading and read it by title only. The applicant and one resident spoke in support of the ordinance. Commissioner Hart moved to pass and adopt Ordinance #6897-01 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 #37 - Ord #6898-01 - Amending Zoning Atlas to Institutional 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 CA The City Attorney presented Ordinance #6898-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6898-01 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 #38 - Ord #6899-01- Annexation 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 CA The Mayor presented Ordinance #6899-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6899-01 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. mcc1201 12/13/01 16 . . . ITEM #39 - Ord #6900-01- Amending Land Use Plan to Residential Low 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 CA The Mayor presented Ordinance #6900-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6900-01 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 #40 - Ord #6901-01 - Amending Zoning Atlas to Low Medium Density Residential (LMDR) 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 CA The Mayor presented Ordinance #6901-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6901-01 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 #41 - Ord #6902-01- Annexation 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 CA The Mayor presented Ordinance #6902-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6902-01 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 #42 - Ord #6903-01- Amending Land Use Plan to Residential Low 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 CA The Mayor presented Ordinance #6903-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6903-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: mcc1201 12/13/01 17 . . . "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #43 - Ord #6904-01 - Amending Zoning Atlas to Low Medium Density Residential (LMDR) 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 CA The Mayor presented Ordinance #6904-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6904-01 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 #44-64) - Approved as submitted less Item#50 and corrected title for Item #60. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. ITEM #44 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1) Purchase 2002 Bobcat 873 G Series loader with attachments, Bobcat Company, $22,985 2) Purchase two 2002 Heil DPE-28 side loader bodies, Jim Hardee Equipment, $134,240 3) Purchase two 2002 Peterbilt cab and chassis model #320, Peterbilt of Central Florida, $164,956 4) Purchase three 2002 Crane Carrier cab and chassis with Loadmaster Excel 25 yard rear loader, Container Systems & Equipment Company, $415,185 5) Purchase contract - tire service for December 17, 2001 through December 31, 2003 - Wingfoot Commercial Tire system, $240,000 6) Purchase contract - group term life insurance for supervisory, administrative, managerial and professional employees during the contract period: January 1, 2002 through December 31, 2002 - Reliastar Life Insurance $70,000 estimated 7) Purchase fiber optic network switching and related pieces of equipment - Ikon Office Solutions, $50,293 8) Purchase contract - fencing material and installation, January 1, 2002 through December 31, 2002, Smith Fence Company, $200,000 mcc1201 12/13/01 18 . . . 9) Purchase 2002 Case 580 super M loader with backtoe, Briggs Equipment, $45,055 10) Purchase two 2002 GMC Sonoma extended cab pickup trucks, Garber Auto Mall, $31,912 11) Purchase two 2002 GMC Sonoma extended cab pickup trucks, Garber Auto Mall, $29,534 1 2) Service agreement evaluation of Water Pollution Control facility discharge/mixing zones, Parsons Engineering Science, $59,418 13) Declare surplus and authorize disposal of vehicles and equipment ITEM #45 - Approve agreement with HDR Engineering, Inc for $70,000 for the completion of the North Greenwood Economic Development Strategy ED ITEM #46 - Request for authority to pay claimant, Thomas Pearson, $35,000 for complete settlement of his Worker's Compensation Claim (including indemnity benefits, medical benefits and attorney fees) FN ITEM #47 - License agreement for the use of space on the Countryside Radio Tower GS ITEM #48 - Award a contract to Angle & Schmid, Inc of St Petersburg for the construction of the North Greenwood Branch Library in the amount of $1,322,117 and approve a deductive change order in the amount of $191,143 for a total cost of $1,130,974. LIB ITEM #49 - Approve acceptance of a FY 2001/2002 Byrne State and Local Law Enforcement grant in the amount of $65,000 from the Florida Department of Law Enforcement and approve an agreement with the YWCA of Tampa Bay for provision of contractual services during the period December 13, 2001 - September 30, 2002 in accordance with Sec. 2.564(1 )(e), Code of Ordinances - Sole Source (Operation Apoyo Hispano) PD ITEM #50 - See page 22. ITEM #51 - Authorize lease purchase financing of a 2002 GMC Savannah 3500 15 passenger van to be included in the City of Clearwater Capital Improvement Program for FY 2001-02 and award a contract to Garber Auto Mall in Green Cove Springs, Florida, in the amount of $21,227 in accordance with Section 2.564(1 )(d), Code of Ordinances, Florida Sheriff's Association and Florida Association of Counties Contract #01-09-0905 PR ITEM #52 - Award a contract to Garber Auto Mall in Green Cove Springs, Florida, in the amount of $29,534 for the purchase of two 2002 GMC Sonoma extended cab pickup trucks Spec. #16 in accordance with Section 2.564(1 )(d), Code of Ordinances, Florida Sheriff's Association and Florida Association of Counties Contract #01-09-0905 and authorize lease purchase financing under the City's Lease Purchase Agreement PW mcc1201 19 12/13/01 . ITEM #53 - Ratify and confirm Change Order #1 & final for the "Restroom/Shower Facilities at Clearwater Municipal Marina" (00-0011-MA) to Oakhurst Construction Company, Inc. of Seminole, Florida increasing the contract amount by $70,348.50 for a new contract of $171,658.50 PW ITEM #54 - Approve an amendment to an agreement for Maintenance and Operation of Citywide Computerized Traffic Signal System between the City and Pinellas County PW ITEM #55 - Approve the final plat for Townhomes at One Kapok Terrace located along the east side of McMullen-Booth Road and approximately 0.3 miles south of SR 590 PW ITEM #56 - Approval of the policy that applicable Community Development Block Grant (CDBG) program income may be allocated to the next highest scoring applicants at 50% of the original request with any unused portions being allocated to the City of Clearwater administered activities, should all applicants be funded according to the rules and regulations outlined in 24 CFR 570. Approve $41,758 of CDBG program income to be allocated to the Public Service category as allowed by 24 CFR 570 and to be allocated to Pinellas Opportunity Council and Girls, Inc. HSG ITEM #57 - Approve the financing terms and the City of Clearwater's portion of the funding for the renovation of the Greenwood Apartments in the amount of $700,000 as a loan HSG . ITEM #58 - Approve the construction contract proposal of JSS Construction in the amount of $569,000 to renovate 16 apartment units at the Fulton Apartments using HOME and SHIP grants for funding HSG ITEM #59 - Approve previously encumbered funding of the National Development Corporation (NDCl's technical assistance contract for the period of November 1, 1998-July 30, 1999 be taken from the City of Clearwater's "Grow Clearwater" fund HSG ITEM #60 - (Cont'd from WS 11/13/01) Authorize settlement of Whitson v. City of Clearwater, Circuit Civil No. 83-3865-CI-20, by agreeing to certain design and use standards to run for a period of ten years CA ITEM #61 - Approve a work order for consultant services in the amount of $816,659 to Camp Dresser & McKee (CDM), of Tampa, Florida, Engineer of Record (EOR) for design, preparation of construction plans, permitting and limited construction management of the Myrtle Avenue Drainage and Roadway Improvement Project PW ITEM #62 - Blanket Water Main Easement - St Cecelia School Addition, Sec: 15-29-15, (Diocese of St. Petersburg) CA . mcc1201 20 12/13/01 . ITEM #63 - Blanket Water Main Easement - Utility Relocation for Morton Plant Mease Health Care, Bluff View Court, Sec: 21-29-15, (Morton Plant Hospital Association, Inc) CA ITEM #64 - Award a contract for the construction of the "Town Pond Rehabilitation Project" (98-0116-EN) to Caladesi Construction Company of Largo, Florida, for the sum of $2,861,879.23 which is the lowest responsible bid received in accordance with the plans and specifications and; approve a work order to Camp, Dresser & McKee, Inc. of Tampa, Florida, Engineer of Record (EOR) to provide construction administration services for the sum of $220,475; approve a work order to Post, Buckley, Schuh & Jernigan, Inc. of Tampa, Florida, EOR, to provide construction engineering and inspection services for the sum of $149,742.32; approve an increase to the existing work order with Camp, Dresser & McKee by $45,350 for additional design services for a total contract of $612,429 for a total project cost of $3,277,446.55 PW In reference to Item #45, it was suggested HDR keep the Tampa Bay Partnership informed regarding the North Greenwood Economic Development Strategy, as they may be able to assist. The City Attorney corrected the title for Item #60 to read "ten" years. Commissioner Gray moved to approve the Consent Agenda as submitted, with the title of Item #60 corrected, less Item #50 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. . ITEM #50 - Approve a twenty-year lease between Clearwater Golf Associates, Inc. and the City for the operation of the property currently known as Clearwater Executive Golf Course, including an annual lease payment, and improvements to the course PR CGA (Clearwater Golf Associates, Inc.) has operated the Executive Golf Course since March 1, 2000. The current lease expires on February 28, 2002. Staff has found CGA's performance to be excellent, including adherence to all provisions of their current contract, which included more than $100,000 of improvements to the course. Revenue was increased from $1,000 to $36,000 annually. Staff entered into negotiations with CGA to secure a long-term agreement for the facility's operation. During the agreement's first 5 years, CGA will provide approximately $1.2-million in improvements: 1) approximately $325,000 - pave/stripe parking lot & cart paths for entire course; 2) approximately $350,000 - renovate/expand clubhouse; 3) approximately $300,000 - renovate driving range and replace maintenance shed into new location; 4) approximately $75,000 - renovate all greens; and 5) within agreements first 3 years, establish and construct John Huston Golf School and learning center. Annual base rental payment is $48,000 for first $1 .1-million of gross revenue, plus 3 % of all gross revenue in excess of $1 .1-million. In consideration of improvements to the course, the base rental payment will be reduced by 50% during the agreement's first 7 . mcc1201 21 12/13/01 . . . years. Staff recommends approval of a 20-year lease for the operation of the Clearwater Executive Golf Course. In response to a question, Parks & Recreation Director Peter Dunbar said staff had issued a RFP (Request for Proposals) two years ago for management of the Clearwater Executive Golf Course. Clearwater Golf Associates, Inc. was chosen from six bids and approved by the City Commission. Staff has reviewed the firm's abilities and track record for the past 1.5 years and determined Clearwater Golf Associates had exceeded all expectations. Extending the firm's contract was one option detailed in the RFP. One person opposed the lease's language and one person supported it. Marine & Aviation Director Bill Morris said two members of the Airport Authority are concerned this lease will have a negative effect on future possible Airpark expansion. Caveats in the subject lease permit the Airpark to expand, subject to cancellation penalties, with City Commission approval. In response to a question, the City Attorney reviewed the lease's termination clause, stating the City will pay 100% of improvements made by the firm during years zero through four. Based on estimates, Mr. Dunbar said the penalty could cost as must as $1,050,000. In response to a question, the City Attorney said the lease has no provision for partial termination of the driving course area. Concern was expressed expanding the Airpark would increase airplane traffic over neighborhoods. The City Manager said the expansion proposed in the Airpark's 20-year plan is not guaranteed. In response to a question, Mr. Morris said State support of Airpark projects ranges from 50% to 100% of related costs. The City would have to pay back the costs if the Airpark was reconfigured for recreation purposes prior to 2006. Commissioner Gray moved to approve a twenty-year lease between Clearwater Golf Associates Inc. and the City for the operation of the property currently known as Clearwater Executive Golf Course, including an annual lease payment, and improvements to the course. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #65 - First Reading Ord #6927-02 amending provisions regarding the Community Relations Board HM Due to the October 1, 1999 transfer of the external case processing program from the City to Pinellas County, the Community Relations Board's focus has shifted to more community-based, rather than enforcement-based activities. Case processing requirements previously necessitated a 13-member board made up of citizens representing various industries and occupations. The proposed amendments reduce the board to five members, who are Clearwater residents and represent diverse backgrounds, plus one non-voting representative from the Police Department. mcc1201 22 12/13/01 . Community Relations Board powers and duties shall be to develop/implement programs and materials, to foster mutually beneficial relationships through the Human Relations Department, and to facilitate the reduction of prejudice and tension in relation to all matters involving race, creed, color, sex, national origin, age, disability, or marital status and disorder occasioned thereby. Commissioner Jonson moved to approve amending provisions regarding the Community Relations Board. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6927-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6927-02 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 #66 - Award a contract to lease 750 personal computers for 3 years from Dell Computers, Inc Round Rock, TX for an amount not to exceed $1,215,000 in accordance with the terms of State Contract #250-040-00-1 IT . Dell Computers, Inc. is the provider of the City's standard desktop, laptop, and server hardware. A significant portion of the current inventory of desktop computers is more than five years old and features Pentium 90s and 100s. The age of this network equipment prevents implementation of some network systems and affects optimal security. Previously, individual departments upgraded computers as budgets allowed. The number of upgraded or replaced units has varied from 80 to 120 annually. This lack of structured asset management has resulted in some departments receiving two or three upgrades/ replacements, while other departments have not had upgrades for almost six years. This lease agreement will centralize the management of computer assets within the IT Department and ensure that all departments maintain minimum hardware standards while fixing the City's annual cost for PC hardware. This project also will improve network administration and security by standardizing the desktop operating system throughout the City, and will permit all users use document imaging and GIS (Geographic Information System). The 3-year lease agreement for 750 desktop and laptop computers will facilitate the upgrading of City PCs and standardize the Microsoft Windows 2000 operating platform. Terms of the lease provide for installation of approximately 250 units over each of the next 3 years, and then rotating 250 machines each year thereafter. Annual operating costs for the lease will not exceed $135,000 the first year, $270,000 the second year, and $405,000 the third year. Once all machines are in rotation in year 3 and beyond, annual lease costs will not exceed $405,000. Lease terms also will include all shipping costs for delivery and return, image preparation by Dell, and latest technology as available . mcc1201 23 12/13/01 . without configuration pricing limits. The total cost of leased equipment will not exceed $405,000 in anyone year. Information Technology Director Dan Mayer said the proposed contract will leverage City resources and kept City technology more current. He recommended a four-year lease be considered following this three-year lease. It was noted the proposal represents a savings of debt costs. Commissioner Hamilton moved to award a contract to lease 750 personal computers for three years from Dell Computers, Inc., of Round Rock, TX, for an amount not to exceed $1,21 5,000, in accordance with the terms of State Contract #250-040-99- 1, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #67 - Review of a license agreement between William Shephard, Trustee (licensor) and the City of Clearwater (licensee) for a sidewalk at Shephard's Lagoon Resort. PLD . Shephard's Lagoon resort, a 2.38-acre resort at 619 South Gulfview Boulevard on Clearwater Beach, features 94 hotel rooms and 224 parking spaces in a garage and surface parking spaces. In 1998, the former DCAB (Development Code of Adjustment Board) approved an expansion with variances to the side setback, side yard view corridor, and front yard open space. DCAB required a tropical seascape landscape design, including sidewalk, be provided. Due to the narrow setback along the South Gulfview Boulevard right-of-way, the design of the sidewalk was approved and constructed on Shephard's private property on its northwest portion. The five-foot sidewalk runs parallel to S. Gulfview Boulevard. An additional sidewalk is constructed around semi-circular landscape areas. This four-foot wide serpentine sidewalk on the Shephard's property is the subject of this license agreement request. The City will be responsible for the general maintenance and repair of the serpentine sidewalk. The City also will undertake liability and hold the Licensor harmless from liability for public use over and across the sidewalk. Authorizing the City Manager to execute this license agreement will assure that the serpentine sidewalk on private property remain available for public access. Concern was expressed the agreement may set a precedent. Ms. Tarapani said the property owner is giving up rights, as the sidewalk provides access to private property. It was noted this agreement is based on an earlier City obligation. Commissioner Hart moved to approve a license agreement between William Shephard, Trustee, and the City for the Bayside Subdivision No.5, Block "C", Lots 1-5 and riparian right, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. . mcc1201 24 12/13/01 . ITEM #68 - Adopt Res #01-42 to approve the State of Florida Department of Transportation Roadway Lighting System Maintenance Agreement for street lighting at the SR 55 (US 19N) at Coachman Road and Sunset Point Road interchanges PW The City and FDOT (Florida Department of Transportation) have determined it is in the best interest and economic advantage of both parties to enter into a Roadway Lighting System Maintenance Agreement for street lighting at the SR 55 (US 19N) at Coachman Road and Sunset Point Road interchanges. Lighting these interchanges is important to the City for public safety reasons. This agreement is the required mechanism to accomplish the lighting. An understanding and agreement has been reached regarding the responsibilities associated with the design, installation and maintenance of this street lighting. FDOT will be responsible for design and installation of the lights. The City will be responsible for maintenance and payment of energy costs (electric bill). The estimated maintenance and electric costs should not exceed $15,000 annually. The document clarifies and expounds on liabilities arising from a notice of claim for damages. The City will indemnify FDOT from claims resulting from City negligence, and FDOT will indemnify the City from claims resulting from FDOT negligence. This agreement ensures the sovereign immunity of the City pursuant to Chapter 768.28, Florida Statutes. . Commissioner Jonson moved to approve a Florida Department of Transportation Roadway Lighting System Maintenance Agreement for street lighting at the SR 55 (US 19N) at Coachman Road and Sunset Point Road interchanges, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-42 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #01-42 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #69 - Adopt Res #01-44 authorizing the City's Finance Director to sign documents submitted to the Florida office of the Treasurer, and execute an Authorized Signature Certification certifying that this person represents the City PW Pursuant to the Third Amendment to the JPA (Joint Participation Agreement) between the City and FDOT, the City has deposited funds with FDOT for construction of the new Memorial Causeway Bridge. The JPA includes a Memorandum of Agreement between the City, FDOT, and the Florida Department of Insurance, Division of Treasury providing for . mcc1201 25 12/13/01 . investment and management of this escrow account. It will be necessary for the City's Finance Director to request interest disbursements from this escrow account. Approval of Resolution 01-44 and the associated "Authorized Signature Certification" form will allow the City's Finance Director to conduct these transactions. Commissioner Hamilton moved to authorize the City's Finance Director to sign documents submitted to the Florida Office of the Treasurer, and execute an Authorized Signature Certification certifying that this person represents the City and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-44 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #01-44 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. . ITEM #70 - First Reading Ord #6929-02 watering ordinance establishing continuation of existing watering schedule for the City of Clearwater PW On March 21, 2000, SWFWMD (Southwest Florida Water Management District) issued a final order (SWF 01-14) declaring a water shortage emergency for Pinellas, Hillsborough, and Pasco counties. On April 5, 2001, the City Commission adopted Ordinance 6797-01, declaring an emergency water shortage, changing the fine structure, and retaining the County's watering schedule. On September 20, 2001, the City Commission adopted Ordinance No. 6840-01, codifying the emergency ordinance. Both Ordinances contained a provision making them effective as long as the Phase III water emergency remains in effect in Clearwater. The City met this emergency challenge by reducing water consumption by more than 11 % between March and September this year as compared to the same time period last year. City residents continue to support and participate in water conservation measures. Effective November 12, 2001, SWFWMD adopted SWF 01-83 changing the watering schedules. Schedules differ based on the water supply source and differ within the Water Management District boundaries. The new watering schedule allows two-day a week watering and an extension of hours when watering is permitted. However, one-day a week watering remains in effect for users who receive their water from the Tampa Bay Water Consolidated Permit wellfields. This includes the City. The drought has strained this area's water supply. To protect public health and maintain a sustainable water supply, it is important to deliver a consistent message to City . mcc1201 26 12/13/01 . residents. The current and recommended water schedules are: 1) potable water (domestic and lawn meters): a) addresses ending in even numbers or letters A through M may water Tuesday only and b) addresses ending in odd numbers or letters N through Z, or at locations with no address, may water only on Sunday. No watering is permitted between 8:00 a.m. and 6:00 p.m. and 2) water from wells, lakes, or ponds: a) addresses ending in even numbers or letters A through M may water Tuesday only and b) addresses ending in odd numbers or letters N through Z, or at locations with no address, may water only on Sunday. Watering is not permitted between 10:00 a.m. and 4:00 p.m. Public Utilities Director Andy Neff said a resident has recommended the City be consistent with County water regulations, which permit those who pump water from ponds or shallow wells to water on Tuesdays and Saturdays if they have even number addresses, and on Sundays and Wednesdays if they have odd number addresses. It was noted some residents feel if once a week restrictions are to remain in place, it would be more convenient to allow it on weekends rather than on a work day. Assistant City Manager Garry Brumback said staff recommended retaining current watering restrictions to avoid the difficulties of reeducation. The current program has been successful. It was felt adding watering days for well users will encourage them to maintain their pumps and lower use of potable water. One resident spoke in favor of retaining current restrictions. . In response to a question, Mr. Neff said the County is not concerned with water drawn from its main in Clearwater. Pressure problems affect County residents at the fringe of the water mains. It was recommended staff monitor City water use so demand does not spike. It was recommended well and pond users be encouraged to maintain a once a week watering schedule to conserve water, even though watering twice a week will be permitted. In response to a question, Development Services Director Jeff Kronschnabl said staff will monitor potable water usage and report to the City Commission if problems are indicated. Commissioner Jonson moved to approve establishing continuation of existing watering schedule for the City, as amended to permit those who pump water from ponds, lakes, or shallow wells to water on Tuesdays and Saturdays if they have addresses with even numbers or letters A through M, and on Sundays and Wednesdays if they have addresses with odd numbers or letters N through Z, or at locations with no address. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6929-02 for first reading as amended and read it by title only. Commissioner Hamilton moved to pass Ordinance #6929-02 on first reading as amended. The motion was duly seconded and upon roll call, the vote was: . mcc1201 27 12/13/01 . "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #71 - Update on Homeless Issue The City Manager reported citizens, as far east as the Skycrest neighborhood, have expressed increased concern regarding City homeless issues. Police Chief Sid Klein said homelessness is not a new issue. Up to 3,200 homeless persons are in Pinellas County. One of the County's nine emergency shelters is scheduled to close. Currently, a 300 bed shortage exists. The City's program, CHIP (Clearwater Homeless Intervention Project), has 48 beds with 33 for single men, 9 for single women, and 6 for families. Fifteen of the beds in the men's dorm will be replaced with bunk beds, increasing the men's bed capacity to 58 and increasing the center's capacity by 31 %, to 63. . Currently, CHIP's annual operating cash budget is approximately $465,000. The center operates 24 hours a day and 7 days a week. All staff is contracted. Between October 1, 2000 and September 30, 2001, the Center served more than 1,210 unduplicated clients. CHIP serves between 50 and 100 clients daily in its Daytime Outreach Program, which last fiscal year served 448 unduplicated clients and 1,826 duplicated clients. Daytime Outreach Program clients receive showers, sandwiches, laundry, clothing, counseling, medical, telephone calls, mail service, and referrals to other agencies. The average stay in the CHIP shelter is two weeks. During the last fiscal year, the shelter served 762 unduplicated clients and 1,146 duplicated clients. Assistant City Attorney Rob Surette reviewed related legal issues. Being homeless is not a crime and law enforcement is not the solution. The Fourth Amendment of the U.S. Constitution prohibits arrest unless probable cause exists that an individual has committed a criminal offense. Brief detainment is permitted on less than probable cause with well-founded suspicion of unlawful activity. The Constitution protects loitering without a purpose in a traditional public forum e.g. a sidewalk or park. Under the First Amendment of the U.S. Constitution, begging is entitled to protection while aggressive begging is not. Ordinances and Statutes regulate the conduct of all persons, including homeless persons. Related City ordinances prohibit 1) begging by intimidation; 2) littering; 3) lodging in vehicles; 4) obstructing public areas/endangering safe movement of pedestrians or vehicles; 5) nudity in public; 6) entering property of private residence posted with "no solicitation" sign to solicit money; 7) violating posted closing hours on City property; 8) bathing in park waters other than such place set aside for such activity; 9) possession of alcoholic beverages on public beaches and in parks; 10) drinking or possession of an open container of alcoholic beverage on public property; 11) being on a public beach or in a park while under the influence; 12) lighting a cooking fire on any public beach; 13) lighting a cooking fire in a park except in an approved grill provided by the City; 14) sleeping on any public beach or park property not designated for overnight camping between 11 :00 p.m. . mcc1201 28 12/13/01 . and 6:00 a.m.; 15) approaching a motor vehicle being operated on a public street to solicit money; and 16) being loud and raucous. Related State Statutes prohibit: 1) urinating in public; 2) being disorderly/breaching the peace; 3) trespassing; 4) willful and malicious damage to public or private property; 5) lewd and lascivious behavior; 6) indecent exposure; and 6) the Marchman Act, which prohibits drinking mouthwash to become intoxicated. According to the Marchman Act, a police officer may take into protective custody a person who has become substance abuse impaired to the extent that power of self-control regarding substance abuse has been lost and has inflicted, has attempted to inflict, or is likely to inflict physical harm on himself or herself or another unless admitted to a licensed detox or addictions facility, or needs substance abuse services but is incapable of appreciating such need because of impaired judgment. The Eight Amendment of the U.S. Constitution prohibits cruel and unusual punishment. For many, homelessness is an involuntary status. If homeless persons have no place to be other than a public place because shelter space is unavailable, they may not be punished for engaging in a Iife- sustaining activity. Graduated fines are not a deterrent to homelessness. Jail capacity is limited. Defendants generally receive time served if jailed. Staff feels the most effective option for Clearwater is the CHIP identification card program. Other downtown issues relate to feeding of homeless individuals by churches and others. Staff recommends creation of designated feeding areas in selected City parks. . In regard to solutions, the City could maintain the current program with annual costs of approximately $465,000 and continue its in-kind support. CHIP project revenues of $481,801 include: 1) $50,801 - CDBG (Community Development Block Grant); 2) $73,000 - County Social Action; 3) estimated $29,000 - Pilot Funds; 4) $100,000 - State appropriation; 5)) $100,000 - City appropriation; and 6) $100,000 - Congressional Earmark. Grant funds are diminishing while operating costs increase. Current and future fund raising focuses on private, corporate, and foundation funding. CHIP needs sustained financial support from the City and County. Homelessness is a Countywide problem. Clearwater should not carry the responsibility. State funding is on the chopping block. Continued support from the City and County is essential. The congressional earmark of $997,800 over the 2-year period is for the PHO (Police Homeless Outreach Program), a 2-year program funded by the U.S. Department of Justice. The funding will cover police overtime, mental health services, CHIP case management, shelter, evaluation, and transport. During the programs initial 48 days, the police have made contact with more than 600 homeless persons of which 78 volunteered for referrals and 45 were transported to referral sites. Research indicates success with homeless usually comes after several attempts to refer. Repetition of referrals for homeless is a key element. In Ft. Lauderdale, a similarly sized city, 200 beds are available for homeless individuals. Orlando's shelter holds 450 on mats on the floor. Miami-Dade funds its homeless programs through a restaurant tax. . mcc1201 29 12/13/01 . Staff recommends: 1) posting open hours at Station Square Park and establishing it as a private property by installing decorative fencing and gates; 2) establishing and funding a larger Phase 1 emergency shelter with small inebriate facility; and 3) use as a staging location for movement to other programs. Staff is working on solutions with Public Defender Bob Dillinger and many organizations. Staff is attempting to find an appropriate location for an additional shelter away from the downtown corridor. Next, transitional housing is needed to move clients from shelter living to more independent living. CHIP's transitional housing now is dependent on other organizations. Maintaining the current level of CHIP programs will not improve the City's homeless situation. Greater challenges ahead are greater than those that currently exist. Future challenges include a lack of affordable housing, the faltering economy, the eminent closing of G. Pierce Wood State Memorial Hospital, a mental health facility in Arcadia, downtown redevelopment, and the new bridge. Police Chief Klein recommended the City and County dedicate a funding stream to address homeless issues. The problem is not abating. . Mr. Surette reviewed legal cases affecting the City. The City does not wish to pay damages and must proceed with care. Police Chief Klein said not all homeless individuals wish to go into the shelter, which affects the main library and other facilities near homeless gathering spots. The biggest current issue relates to the feeding of homeless people in parks by religious organizations, individuals, and churches. Based on a lawsuit ruling, feeding locations must be near the homeless population. Staff recommends designating a feeding area in one public park, Coachman Park. Once established, related information will be posted in all City parks. Representatives of a large church feeding homeless people in Crest Lake Park are aware of problems that action is causing nearby residents and plan to relocate the program to Coachman Park. In response to a question, Police Chief Klein said no two cities have the same homeless related problems. Effective solutions result from strong leadership in the public and private arena and support from faith based organizations. Without CHIP, Clearwater's problems would be worse. In response to a question, he said some of the reported contacts represent duplication as contacts with homeless persons are repeated as they remain on the street. It was recommended a workshop be scheduled to discuss this issue. It was felt the problem needs the efforts of all local governments, the private sector, and churches. In response to a question, Police Chief Klein said Orlando offers an open-air pavilion with cots to provide space for all homeless persons contacted by the Police Department. A similar facility, plus an inebriate center, is being discussed for Pinellas County, but funding and a location have not been determined. Police Chief Klein recommended designating Coachman Park as a feeding area for homeless individuals who are not interested in staying in a shelter. The park is located away from residences and businesses. The City Manager said the City does not want feeding to occur at parks throughout the City. Limiting this activity to one park will allow staff to manage the situation while exploring other solutions. He said the issue is critical. The City Attorney said the issue would be determined by City Manager policy. . mcc1201 30 12/13/01 . . . , Concern was expressed a feeding program in Coachman Park will attract more homeless to downtown. Police Chief Klein said they already are there. In response to a question, the City Manager said a myriad of details needs to be decided, such as alternative locations during park concerts, clean-up provisions, provider requirements, etc. Mr. Surette said designated feeding times and clean up details are part of current staff discussions with religious organizations. The City Manager said faith-based organizations need to assume more responsibility for this issue. It was suggested a summit be scheduled for the City and organizations to develop strategies. Discussion ensued regarding feeding programs. It was noted the programs must have restroom facilities nearby. It was felt a feeding program at Coachman Park would exacerbate problems the main library already has with homeless use of its restroom facilities. It was suggested the feeding programs be located in the parking lot at the foot of the bluff behind City Hall or in the lot across from the Municipal Services Building and Police Department. One citizen spoke, saying the issue is complicated as reasons for homelessness are varied and all homeless individuals require the same treatment. He requested to be involved in the City's efforts on this issue. It was stated the CHIP Board of Directors is working with the community and developing more effective fund raising. It was suggested the County Commission needs to buy into the program and recognize homelessness as a Countywide problem. Consensus was to start the feeding program at the foot of the bluff behind City Hall and to bring the issue and other alternatives back for further discussion in January 2002. ITEM #72 - Direct staff to: 1) initiate detailed design and construction estimates for the South Gulfview/Beachwalk project (including linking up with the Mandalay retail corridor and the Clearwater pass pedestrian system); 2) solicit land assembly between Coronado and Hamden in order to provide a temporary surface parking lot which can be utilized for a future parking garage to support South Beach parking needs; and 3) develop a joint public/private financing proposal to provide an approximately 450 space parking garage at the Pelican Walk site ED Last summer, after evaluating alternatives for a parking solution on South Beach to move forward the S. Gulfview/Beachwalk project, the City Commission directed staff to conduct additional analysis on: 1) Marriott Seashell project; 2) location between Hamden and Coronado; 3) Pier 60; and 4) Pelican Walk. Parson's Transportation evaluated these alternatives in the context of a previous "parking trade area analysis" and provided estimated costs, including land, construction, and financing estimates. Commission discussion regarding parking garage alternatives, in the context of the Markopolous settlement agreement debate, further refined general attitudes about parking on South Beach. mcc1201 31 12/13/01 . . . The strengths and weaknesses of the Pier 60, Marriott Seashell, and Marina site alternatives all fall short for a variety of reasons. Construction of the South Gulfview/ Beachwalk project is a critical next step in the redevelopment of South Beach and should be initiated as soon as detailed design and construction estimates are available. The Mandalay Streetscape project, major private investment in the area of the Mandalay Beach Club, Mack Project, and the need to support the retail corridor requires construction of a parking facility in this area. The Parson's report and staff analysis indicate that the "large" parking garage facilities pursued previously are not feasible due to high land and construction costs and the inability of the "trade area" to support large facilities at this time. However, a combination of strategic land assembly on South Beach and a more modest facility size on North Beach appear to provide more feasible alternatives. The South Beach alternative would include pursuing a land assembly that would provide between 200 and 250 surface parking spaces on a temporary lot between Coronado and Hamden. It is recommended this alternative be pursued in a short time frame, and if unsuccessful, the Beachwalk project should continue forward while maximizing viable public on-street and surface parking lots in the area until a resort development can be initiated. The North Beach alternative would include a parking garage with approximately 450 spaces on the Pelican Walk site, contingent upon the development of a public and private financing program that can support this initiative. Development of the financing program should begin immediately and be provided to the City Commission for consideration, as soon as possible. In conjunction with either of these alternatives, it should be clear that future "illegal" parking and historic parking on rights-of-way should be limited in areas where either of these facilities would provide adequate alternative parking. Mr. Stone said the City has struggled for years with issues related to beach parking needs. Staff has narrowed a list of 18 - 19 alternatives to four, which the City Commission directed staff to evaluate. The previous strategy was to build structured parking, which is very expensive. The current market will not support costs related to large parking garage facilities. Regarding Beach Walk, Mr. Stone proposed initiating the design, determining a cost estimate, and obtaining the consent of property owners and businesses. As a location for a parking facility on south beach has not been determined, he recommended looking to the private sector to assemble between 75,000 and 100,000 square-feet, between Hamden and Coronado, to accommodate the net parking loss anticipated with the construction of Beach Walk. A parking garage could be constructed on the site after a resort is developed along Gulfview. He suggested a smaller parking facility, with approximately 450 parking spaces, be considered for north beach at Pelican Walk. If the parking is oriented toward Mandalay retail, facility income would be sufficient to cover financing and debt service. mcc1201 12/13/01 32 . Mr. Mack has offered $130,000, over three years, toward the costs of constructing a parking garage near his yacht basin development. Mr. Stone suggested similar participation could be garnered from nearby key property owners with parking needs, such as restaurants and hotels. There is significant interest by mid scale restaurants to locate on the beach, however, all have demanded at least 150 parking spaces. . . One person opposed a parking lot east of Coronado. One person expressed concern small businesses be protected. Two persons supported construction of a parking garage at Pelican Walk. One person supported covered parking. It was indicated the information to be gathered will be necessary for future decisions. Parking alternatives must be identified when resort construction is ready to begin. It was noted the City Commission is approving specific tasks, not projects. Mr. Stone estimated south beach will lose 260 parking spaces with the construction of Beach Walk. He said 800 parking spaces are available in Sand Key Park across Clearwater Pass Bridge. In response to a question, he said staff will discuss parking issues and Beach Walk design with the Marriott Seashell developers. In response to a question, he said the Clearwater Pass pedestrian system extends south from the Adams Mark hotel. It was recommended City efforts be oriented toward historic City services, parking, road improvements, basic services, etc. Disappointment was expressed staff recommendations do not consider public properties, such as the Marina, which is centrally located and owned by the City. It was suggested a RFP (Request for Proposals) be released to renovate the marina and add parking facilities. It was felt a self-sustaining garage may not be possible anywhere on the beach. It was recommended the Pelican Walk parking garage be designed to allow future expansion. It was stated the whole arterial structure of the beach must be considered and an integral package developed that includes more than Beach Walk. Concern was expressed beach access from a parking lot east of Coronado would be impeded if 1 st and 3rd streets are vacated for resort development. It was felt residents should be treated as well or better than visitors. Drop off facilities at Pier 60 were recommended. It was stated the City Commission had made a commitment to replace parking spaces on Mandalay lost to the streetscaping project. It was recommended options be expanded. An estimate was requested regarding construction costs for a Pelican Walk parking garage. A comparison of per space land costs was requested between a proposed City facility and the Shephard's parking garage. Commissioner Jonson moved to direct staff to: 1) initiate detailed design and construction estimates for the South Gulfview/Beachwalk project (including linking up with the Mandalay retail corridor and the Clearwater Pass pedestrian system); 2) solicit land assembly between Coronado and Hamden to provide a temporary surface parking lot which can be utilized for a future parking garage to support South Beach parking needs; and 3) develop a joint public/private financing proposal to provide an approximately 450-space parking garage at the Pelican Walk site, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. mcc1201 12/13/01 33 . ITEM #73 - Res #01-43 - Rules of Procedure In her November 30, 2001 memorandum, City Clerk Cyndie Goudeau submitted amendments to the City Commission as directed at the September 4, 2001 Work Session. She reviewed the proposed changes to the City Commission Rules of Procedure: 1) speaking time for a group spokesperson up to 10 minutes, if others in the audience waive their individual right to speak separately; 2) public comment limited to 30 minutes per item; and 3) rules of decorum. In response to a question, Ms. Goudeau said with approval by the majority of the Commission, public comment may be extended beyond 30 minutes. Commissioner Jonson moved to approve the proposed changes to the City Commission Rules of Procedure. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-43 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #01-43 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. . ITEM #74 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #75 - Other City Attorney Items a) Res #01-35 assessing a lien against 2576 Ham Boulevard in the amount of $5,201.06 for the costs of demolition incurred in removing a dangerous structure without the consent of owner CA The City Attorney presented Resolution #01-35 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #01-35 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. b) First Reading Ord # 6920-02 - approve technical amendments to Sections 32.032 and 32.042 of Chapter 32, Clearwater Code of Ordinances; replacing references to telecommunications companies with providers of communications services which is . mcc1201 34 12/13/01 . consistent with the 2001 codification of Chapter 2001-140, Laws of Florida into Section 337.401, Florida Statutes (2001) CA The 2001 regular session of the Florida Legislature amended and repealed portions of the Communications Service Tax Simplification Law adopted during the 2000 regular session. Since Congress's enactment of the Telecommunications Act of 1996, the Florida Legislature has enacted a series of complex bills, which has created confusion in the status of the law as recognized by the Eleventh Circuit Court of Appeals in BellSouth Telecommunications, Inc. v. Town of Palm Beach. 252 F.3d 1169 (11th Cir.2001). In good faith reliance of the understanding of the law, the City Commission adopted Ord. #6853-01 on October 4, 2001. Since then, the City Attorney's office received the codification of the 2001 legislation and recommends, by this ordinance, a technical amendment to wording in Ord. #6853-01, to change the word "telecommunications" to "communications services," consistent with the codification of State law. . Florida law defines a telecommunications company as "every corporation, partnership, and person and their lessees, trustees, or receivers appointed by any court whatsoever, and every political subdivision in the State, offering two-way telecommunications service to the public for hire within this State by the use of a telecommunications facility." The term "telecommunications company" does not include: 1) an entity which provides a telecommunications facility exclusively to a certified telecommunications company; 2) an entity which provides a telecommunications facility exclusively to a company which is excluded from the definition of a telecommunications company under this subsection; 3) a commercial mobile radio service provider; 4) a facsimile transmission service; 5) a private computer data network company not offering service to the public for hire; or 6) a cable television company providing cable service as defined in 47 USC s. 522. However, each commercial mobile radio service provider shall continue to be liable for any taxes imposed pursuant to chapters 203 and 212 and any fees assessed pursuant to s. 364.025. Florida law defines communications services as the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, including cable services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. The term does not include: 1) information services; 2) installation or maintenance of wiring or equipment on a customer's premises; 3) the sale or rental of tangible personal property; 4) the sale of advertising, including, but not limited to, directory advertising; 5) bad check charges; 6) late payment charges; and 7) billing and collection services. Commissioner Jonson moved to approve technical amendments to Sections 32.032 and 32.042 of Chapter 32, Clearwater Code of Ordinances; replacing references to telecommunications companies with providers of communications services, which is consistent with the 2001 codification of Chapter 2001-140, Laws of Florida into Section . mcc1201 35 12/13/01 . 337.401, Florida Statutes (2001), and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6920-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6920-02 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 #76 - City Manager Verbal Reports The City Manager said he will be out of town from December 15 to 20, 2001. Until early January, he will call Commissioners if any issues surface and will accommodate their requested meetings. The City Manager said on behalf of staff, he offered appreciation and thanks for City Commission support in 2001, a productive year. He wished all Happy Holidays and looked forward to working with the Commission in 2002. ITEM #77 - Commission Discussion Items . a) Beach by Design TDR Height Adjustment - Jonson Commissioner Jonson said his concern is that the TDR (transfer of development rights) provision could trigger a 50% height premium when only one unit is transferred. Consensus was to address this issue as part of the annual Code update to occur early in 2002. b) Adopt a Commissioner - Jonson Commissioner Jonson said County Commissioner Karen See I had indicated Largo already has adopted a program whereby City Commissioners "buddy" with County Commissioners. Consensus was for the City Manager's office to coordinate meetings between City Commissioners and County Commissioners and the new County Administrator to foster closer relationships. c) Parliamentary Procedure - Jonson Commissioner Jonson recommended a more rigorous adherence to parliamentary procedure. Ms Goudeau said difficulties result when discussion changes direction . mcc1201 36 12/13/01 . following a motion and second. She will be more diligent to make sure conversations do not divert from the motion on the floor. Concern was expressed that an individual City Commissioner not direct the City Attorney to make a major philosophical change to current rules or ordinances without first discussing the proposal with the City Commission. It was recommended a draft of recommended changes be distributed to City Commissioners for review prior to discussion. Concern was raised regarding a motion on Item #18 at the November 15, 2001, meeting. Discussion subsequent to the vote has caused differences of opinion regarding what action staff is to take. The City Attorney said unless she is directed otherwise, she is preparing a draft Ordinance for discussion purposes at the January meeting. The draft will address giving the City Commission approval authority for development on the beach for structures taller than 100 feet. If the City Commission approves the draft, the process for Community Development Code amendments will be followed. Consensus was to direct the City Clerk to note when a motion is on the floor if discussion becomes unfocused. Conference . Commissioner Gray requested Commission approval of her attendance at a three- day growth management conference in January 2002 in Orlando. Commissioner Jonson moved to approve Commissioner Gray's attendance at the January 2002 growth management conference in Orlando. The motion was duly seconded and carried unanimously. ITEM #78 - Other Commission Action The Commission wished the City Happy Holidays and Happy New Year. Commissioner Hart said it has been a good year for Clearwater and recommended spending time with family during the holidays. Commissioner Gray complimented the Planning Department for streamlining its process, stating she had received positive comments from a contractor. Commissioner Gray apologized to residents who were subjected to a performer's inappropriate behavior at a recent downtown concert. Commissioner Gray said she had attended the ribbon cutting ceremony for a new domestic violence shelter at the Haven, supported by RCS. She said her church is a major supporter. . mcc1201 37 12/13/01 . . . l Commissioner Gray reported the passing of Clark Mills, who will be greatly missed. Commissioner Jonson said the annual TBRPC (Tampa Bay Regional Planning council) meeting and regional visioning is scheduled on January 18, 2002 at the Embassy Suites near USF (University of South Florida). Commissioner Jonson reported the PST A (Pinellas Suncoast Transit Authority) has been asked to approve a fare increase to $1 for the Jolley Trolley. Discussion ensued. It was felt the increase is justified. Commissioner Jonson complimented the Mayor for his letter to the School Board regarding a teaching position at Moccasin Lake Park. Mayor Aungst said the Commission had enjoyed a City Hall Thanksgiving on November 16, 2001, and thanked the Economic Development Department for organizing the event. Mayor Aungst said the Commission had attended the November 27, 2001 Sand Key fire station groundbreaking. Mayor Aungst said on November 30, 2001, the Commission had welcomed to City Hall a contingent of 10 Russians, who were visiting to learn about City government and were sponsored by the Friendship Force of the Suncoast. Mayor Aungst said on November 30, 2001, the Commission had attended the downtown Publix groundbreaking ceremony. Mayor Aungst said some of the Commissioners and he, his wife, and grandmother had participated in the annual Christmas Parade at Bayview Gardens. Mayor Aungst said the Commission had participated in the December 7, 2001 Holiday Parade through downtown. Mayor Aungst congratulated Deputy Chief Fire Marshal Randy Hinder who was named Florida Fire Marshal of the Year. Deputy Chief Hinder will be presented his award in Tallahassee before the Governor and Legislature. Mayor Aungst said he had attended the Festival of Trees Ball, organized by Ed Droste, Festival Chair, and thanked Lisa Chandler and Sunsets at Pier 60 for decorating the winning Mayors' Tree for Clearwater. Mayor Aungst said it was good to see everyone at the Mayors' Luncheon, which provides a good opportunity for Pinellas County elected officials to meet. mcc1201 12/13/01 38 ~ . Mayor Aungst expressed sadness regarding the death of dolphin, Sunset Sam, who had meant a lot to Clearwater citizens and visitors and will be missed. Mayor Aungst said the Tour of Turtles Book Show went well. Mayor Aungst said the TDC (Tourist Development Council) had expressed its gratitude for the efforts of staff and Lt. Waters during the Fastenal Company "National Product Show" at the Harborview Center. ITEM #79 - Adjournment The meeting adjourned at 12:03 a.m. . Attest:~I~~t ~~ I Y Clerk I . mcc1201 39 12/13/01