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10/13/2003 . . . CITY COMMISSION WORK SESSION CITY OF CLEARWATER October 13, 2003 Present: Brian J. Aungst Hoyt P. Hamilton Whitney Gray William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 1 :03 p.m. at City Hall To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Awards Five service awards were presented to City employees. National Award for CIP Newsletter Joelle Castelli, Public Communications, presented the City with the National Award they received for the CIP Newsletter. The Commission recessed from 1:12 to 1:31 p.m. to meet as the CRA (Community Redevelopment Agency) and the Pension Trustees. PUR PURCHASING Approval of Purchases per Purchasing Memorandum: 1. Tampa Bav Enqineerinq Group Inc.. Clearwater, Florida - Enqineerinq services durinq the contract period 10/17/03 thru 7/16/06 in the amount of $250.000. (CGS) (Consent) 2. Rowland Inc.. Pinellas Park. Florida - Manhole rehabilitation durinq the contract period 10/17/03 thru 10/31/04 in the amount of $190,000. (PW) (Consent) In response to a question, Public Utilities Director Andy Neff said manhole rehabilitation is performed annually. Commission Work Session 2003-10-13.doc 1 10/13/03 . FD FIRE 1. First Readino Ordinance No. 7163-03 - Amendino Chapter 17: Fire Prevention to achieve compliance with amended Florida Statute 633:0215 and Florida Administrative Code 4A-60: Florida Fire Prevention Code: delete local amendments superseded by Statute: and modify penalty for violation of articles. Florida Statute 633: Fire Prevention and Control was amended to create a statewide Unified Prevention Code, adopting National Fire Protection Association, NFPA 1: Fire Prevention Code and NFPA 101: Life Safety Code and their referenced standards. This amendment change aligns our City Fire Code to the new State law, eliminating the need for separate City Fire Prevention and Life Safety Codes, which are deleted in this change. Also, the Ordinance change creates an incentive for prompt code compliance by City businesses. . Clearwater has approximately 15,000 commercial occupancies that are subject to inspection by the Fire Marshal's Office under Florida Statute 633. The inspection cycle is determined by the amount of time between a fire inspector's first proactive visit to a business and the next proactive visit upon completion of the remaining 15,000 occupancies. The current inspection cycle is approximately 8-10 years. One of the Fire Chiefs strategic goals is to perform on a two-year cycle consistently. The Fire Service recognizes a corollary effect of increasing code violations to an increasing inspection cycle, meaning the longer it takes for fire inspectors to complete a full rotation of the inspection cycle, the more significant the violations become and need for follow-up reinspections increase. One area that significantly decreases inspection production is the amount of time and resources needed to perform re-inspections (or follow-ups) for tracking corrections to code non-compliance. Business owners who are violation-free need no follow-up, and business owners who take appropriate corrective action if a violation is found on the first visit need only a brief follow-up visit to ensure compliance. Unfortunately, some businesses choose to abuse our internal policy of not taking an owner to court unless it is the last resort, which forces us to return as many as five times before full compliance is met and a safe environment for our citizens is achieved. In response to a question, Deputy Fire Chief Terry Welker said dangerous situations are addressed immediately. He said the department is providing a higher level of service to the community by upgrading personnel skills through training. 2. First Readino Ordinance No. 7193-03 - Amendinq Chapter 5: Fire Alarms. to delete and modify definitions: to limit the number of courtesy warninos: and to modify the procedures relatino to issuance of citations for false alarms. This ordinance change is required to: create an incentive to minimize false alarm activations within the City; prescribe when written courtesy warnings and civil penalties will be assessed; modify the classification of the false alarm violations and associated penalties; and eliminate the administrative false alarm fee. The City of Clearwater has approximately 15,000 commercial occupancies within our Fire District. Many of these have Fire Alarm systems as a proactive fire protection device. Although some of the alarm systems were installed to reduce insurance premiums, the vast majority are there because the code requires them. The code also requires that they function properly, which is not occurring as consistently as we need. . Commission Work Session 2003-10-13.doc 2 10/13/03 . . . - ---, In 2001, Clearwater Fire and Rescue responded to 1,210 False Alarms (over 3 per day). In 2002, the total climbed to an all-time high of 1,550. In 2003 through August 18th, we experienced 879 false alarms. All of these are actual false alarms validated by investigation of the responding officer at the incident. Our protocols account for real fire situations and the instances where alarms are activated in good faith. We do not consider these to be false calls for reporting purposes. When fire alarms activate, an automatic response of vehicles and personnel is sent depending on size of the building and nature of the call. The true costs to the department for responding to each of these types of false emergencies range from approximately $350 to $2500 (depending on how many resources are initially summoned). There are other intangible costs ranging from emergency responders experiencing undo stress during the actual response to the real risk of multiple emergency vehicles running "Code 3" to the traveling public. In addition, while fire and rescue emergency personnel and equipment are responding to the false alarms, they become unavailable to respond to actual fire and EMS emergencies. Mr. Welker said this ordinance would allow the City to be consistent with the process regarding burglar alarm procedures. Assistant City Manager Garry Brumback said the intent is to make businesses more accountable. HR HUMAN RESOURCES 1. Approval of the collective baraainina aareements as neaotiated between the City and Fraternal Order of Police (FOP). Lodae #10 and Clearwater Supervisors. for Fiscal Years 2003/04.2004/05. and 2005/06. The most recent collective bargaining agreements between the City and the Fraternal Order of Police expired on September 30, 2003. City management staff and representatives of FOP met beginning June 2003 to negotiate separately new contracts for the rank and file and supervisor bargaining units. The parties reached tentative agreements on October 1, 2003, and September 29, 2003, respectively. The Unions submitted the proposed agreements to their individual memberships for ratification. The rank and file unit ratified by a vote of 105 to 14 on October 14, 2003, and the supervisor unit ratified by a vote of 47 to 1 on October 10, 2003. These are three-year agreements at a total cost of approximately $2 million over the life of the contracts. This amount will necessitate in FY 2003/04 a first quarter budget amendment to the Police Department operating budget in the amount of approximately $140,000 from the unappropriated retained earnings of the general fund. The agreements contain the following provisions: Waaes & Compensation: · Provide for step adjustments, a one-time lump sum bonus of either $250 or $500 to targeted employees, and a 3% general wage increase effective October 1, 2003. Provide for 4% general wage increase effective October 1, 2004, and October 1, 2005, in addition to maintaining existing step merit pay increase plan. · Maintain current benefit committee health insurance recommendation process and guarantee continuation of at least one plan providing 100% coverage for employee-only health insurance for duration of agreement. Commission Work Session 2003-10-13.doc 3 10/13/03 . . . Leaves of Absence: · Maintain all current leave accruals and caps. · Provide contract re-opener for parties to discuss integrated disability management program. DruQ & Alcohol Policy: · Establish city-wide drug and alcohol policy. Human Resources Director Joe Roseto said the union supervisors have ratified the labor contract. He anticipates bringing the contract forward to the Commission for approval on Thursday. PR PARKS AND RECREATION 1. Approve Parks and Recreation Board recommendation naminQ City property located within Court Street to the south. Prospect Avenue to the west. Park Street to the north. and EwinQ Avenue to the east. Prospect Lake Park. (Consent) The Town Lake project developed an existing pond and enlarged it to create a 3.8 acre lake with approximately one half acre of surrounding parkland. The lake provides flood protection and storm water treatment for approximately 109 acres of contributory drainage area using a combination of chemical (alum injection), physical (settling) and biological (aquatic planting) processes. Commission Resolution #94-12 specifies that the Parks and Recreation Board will conduct and advertise a public hearing to consider recommendations for park names at a regular meeting of the Board. At the May 1, 2003, City Commission meeting, the Commission requested the board consider having a second public hearing to generate additional naming suggestions after reviewing suggestions generated at the March 24, 2003 public hearing on the naming of this facility. The Board held another public meeting on August 25, 2003. A total of 54 names were received by the Board for consideration. Based upon the information gathered at this hearing, and on the criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Commission that the facility be named "Prospect Lake Park". The second choice was "Clearwater Central Park". Discussion ensued regarding the history behind how Prospect Avenue was named. Parks and Recreation Director Kevin Dunbar said staff would research the matter. He reviewed the criteria regarding naming the park. A suggestion was made more names be considered. Commission Work Session 2003-10-13.doc 4 10/13/03 . PW PUBLIC WORKS 1. Acceot a 13.1 sauare foot. more or less. oeroetual Riaht-of-Way and Utilities Easement aranted by Marilyn T. Urban and Deborah L. Gillesoie. conveyed for $1.00 and other consideration across a portion of Lot 89. AMBLESIDE SUBDIVISION. SECOND ADDITION. as more oarticularly described therein and authorize the aoorooriate officials to execute same. (Consent) In the late 90's, residents of Grandview Terrace and Ambleside subdivisions were concerned with increasing vehicle traffic and pedestrian safety within their neighborhood. Concerned neighbors worked with City Engineering staff to develop a traffic calming plan designed to reduce vehicle speeds within the area and improve neighborhood esthetics. The resulting plan included development of two roundabouts, three mini-circles, several medians and speed tables, and replacement of a number of stormwater pipes and structures. The subject Right-of-Way and Utilities Easement allows widening the turn radius at the southeast corner of Casler Avenue and Palmetto Street, and is one of five such easements obtained to facilitate construction of the roundabout and pedestrian improvements at that intersection. It is anticipated the roundabout and other intersection improvements will be completed prior to resumption of classes at Kennedy Middle School in August. It was noted a citizen, who lives in the area of the traffic circle near the middle school, complimented City workers for addressing his concerns. . 3. Award a contract for the North Beach Drainaae Imorovements (02-0007-EN) to Keystone Excavators of Oldsmar. Florida. for the sum of $586.876.40. which is the lowest resoonsible bid received in accordance with the olans and soecifications. (Consent) In the late 90's residents of Grandview Terrace and Ambleside subdivisions were concerned with increasing vehicle traffic and pedestrian safety within their neighborhood. Concerned neighbors worked with City Engineering staff to develop a traffic calming plan designed to reduce vehicle speeds within the area and improve neighborhood esthetics. The resulting plan included development of two roundabouts, three mini-circles, several medians and speed tables, and replacement of a number of stormwater pipes and structures. The subject Right-of-Way and Utilities Easement allows widening the turn radius at the southeast corner of Casler Avenue and Palmetto Street, and is one of five such easements obtained to facilitate construction of the roundabout and pedestrian improvements at that intersection. It is anticipated the roundabout and other intersection improvements will be completed prior to resumption of classes at Kennedy Middle School in August. In response to a question, Assistant Director of Engineering AI Carrier said as new pipes are replaced, backflow valves also are installed. PLD PLANNING 1. Downtown Desian Guidelines - Item oulled . Planning Director Cyndi Tarapani provided an update on the status of the design guidelines and reviewed the history of the item. The consultant hired for the jOb was fired in mid-August due to the poor quality of the draft submitted. She said although public meetings Commission Work Session 2003-10-13.doc 5 10/13/03 . already have been held, staff feels more public input is needed. The downtown district is large and the differences between the character districts need to be addressed including new construction and rehabilitation of existing structures. The design committee of the Mainstreet Committee also wants to become more involved in the process. Staff plans to inform the Commission of progress and developments at each step of the process including during review of each character district. ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES 1. 2004 State Leoislative Packaoe. The City of Clearwater will seek funding through grants and other sources, to assist in implementing projects and providing services to meet the needs of our citizens and improve their quality of life. This will include projects such as: .. Beachwalk Construction (depending on Federal appropriation) "*' Hispanic Outreach Center ($196,075) T Brownfields Cleanup ($250,000) "*' Emergency Operations Center ($1.9 million) .. Ross Norton Aquatic Center - FRDAP Grant ($200,000) "*' Skate/BMX Playground - FRDAP Grant ($200,000) T Volunteer Homeland Security Volunteer Team ($100,000) ." Guideway - Bluff to the Beach . Proposed Legislation -request legislation be proposed that will: T Fund Brownfields Cleanup programs. .. Allow alternatives to public hearing advertisements in newspapers. .. Require TDC membership for an elected official from a municipality from which the largest percentage of tourist tax dollars are collected. ..,. Amend Florida Public Records Act to provide all public employees with the personal information protection currently provided to police, fire, and other specific employees. ..,. Require the completion of an actuarial study on any proposed changes to public employee pension benefits 90 days before formal consideration. . Issues to Support The City will support legislation that is beneficial to Clearwater and other municipalities including: "*' Continue and maintain QTI/SHIP/HOME funding resources. ..,. Increase grant funding for homeless intervention programs, to include operating costs. "*' Maintain current funding levels for State Aid to Libraries and FRDAP. ." Allow implementation of interim service fees to cover costs for providing services to properties that are improved in the middle of a tax year. ." Provide phosphate severance tax consensus for the closure of Piney Point. T Require union negotiation issues to remain at the local level. T Double fines for speeding in residential neighborhoods. .. Maintain local control of cell tower location. ..,. Monitor Annexation Legislation Commission Work Session 2003-10-13.doc 6 10/13/03 . . . .., Repeal Section 59 of SB 676 - overturned the applicability of local ordinances to FOOT property and projects · Amend language in HB 113A - remove or reduce $200 fee to pursuing code violations in court .., Amend language in HB 244 to require sprinkler systems in all high-rise residential and commercial buildings Issues to Oppose -oppose legislation that is detrimental to Clearwater and other municipalities including: .., Unfunded Mandates . Increased Regulation of or Restriction on Municipal Operations '" Requiring municipalities to obtain licenses for summer camps and holiday programs offered by their Parks and Recreation Departments '" Erosion of Community Redevelopment Agency Authority. '" Destabilizing of Tampa Bay Water. In addition, the City of Clearwater will support the Florida League of Cities in pursuing Legislative priorities. The City Clerk reviewed the proposed state legislative package for 2004. In response to a question, the City Clerk said staff would pursue all available funding sources. No set dollar amount has been targeted for the guideway system. Staff will be pursuing funding at both state and federal levels. Discussion ensued regarding adding to the list the doubling of fines for running stop signs in residential zones and it was indicated some legislators were not receptive to increasing fines. Ms. Goudeau said many people are going for grants for traffic calming in residential zones. Ms. Goudeau said minor changes would be made to the list for Thursday night. 2. Public Hearina - Charter Review Committee Report. Charter Review Committee Chair Daniel Dennehy presented a final report to the Commission regarding the committee's recommendations. He thanked the committee members for their participation. The following report summarizes the Committee's recommendations: ~ We met for the first time on January 28 and on the 2nd and 4th Tuesday of each subsequent month. ~ The meetings were open to the public and each meeting date was advertised in advance. ~ On September 9 we held a public meeting in which we solicited and received opinions from the general public. ~ The following is a summary of our recommendations to the City Commission: Article I - Corporate Existence ~ There are only minor text changes. Commission Work Session 2003-10-13.doc 7 10/13/03 . . . Article II - Legislative Powers ~ In general this section of the Charter lays out the form of government, terms of office and compensation of elected officials and their duties and limitations. It also addresses procedures for filling vacancies. ~ Form of Government o We are recommending that the City Commission be renamed City Council. This reflects the proper nomenclature for our current form of government which is commonly called Council/Manager. Commissioners will be called Council Members and the Mayor/Commissioner will be known as Mayor. This was a unanimous vote. o We discussed the idea of adding more Council members, converting to district voting and changing to a Strong Mayor form of government. We are not recommending any of these ideas. · The number of Council members was not increased as the current number is sufficient representation of the entire city. Adding members would not ensure more diversity but could lead to less consensus resulting in fewer decisions. This was an unanimous consensus. · Converting to district voting was not recommended as there is not a clear geographic or demographic boundary in Clearwater that would ensure representation of a particular group. Our neighborhoods are generally very mixed and there is no significant voting block that exists within a definable area. This was an unanimous consensus. · Changing the form of government to a Strong Mayor was not recommended. · Currently the Mayor presides over Council meetings and is the official head of the City but he has no veto power nor any special voting rights. The non-elected City Manager is responsible for proposing and managing the budget and staff administration and serves at the pleasure of the City Commission. · A Strong Mayor would have veto power in any Council meeting. He would be responsible for the budget, policy decisions and staff administration. In all likelihood a Strong Mayor would be a full time position with commensurate salary and benefits. A Strong Mayor would result in a diminishing of the powers of the City Manager. · The majority of the Committee felt the current system was working adequately therefore there was no immediate need for change. We were advised by Dr. Susan McManus, a professor of Political Science at USF with whom we conferred, that to make such a radical change would require an enormous grass roots or media campaign, neither of which is likely to occur. · The minority of the Committee felt that having a Mayor who was full time with commensurate salary and benefits would be more beneficial to the City. ~ Terms of Office and Compensation o We are recommending that all Council Members and Mayor be elected for four year terms starting with the regular City election in 2005. This was an unanimous vote. · Terms shall overlap with the Mayor and two Council members elected one year and the additional two Council members elected two years later. Commission Work Session 2003-10-13.doc 8 10/13/03 . . . · We discussed the abolition of term limits but decided to make no changes to this section. Our decision was largely guided by advice from Dr. McManus. She stated that she knew of no examples in which term limits, once in place for a number of years, was ever successfully abolished. To make such a radical change would require an enormous grass roots or media campaign, neither of which is likely to occur. · We do recommend that the current "sit out" period following the term limit be reduced from three years to two. o Having full time Council members was not recommended at this time however we strongly support an increase in the compensation for Council members. We recommend that the Council request staff conduct an updated survey of neighboring cities and similar sized cities throughout the country. This was an unanimous consensus. Article II . Legislative Powers ~ Duties and Limitations o We are not recommending that the duties of the City Council be changed. o We are recommending that the following limitations of the City Council be changed. These actions were unanimous votes: · We are recommending that Stevenson Creek be added as an exception for the requirement of referendum to authorize permits for dredging or filling. · We are recommending that limitations be eased in the declaration of surplus real property. This will allow the City Council to sell, donate or lease any municipal property if they determine that action to be in the public interest. This includes the disposition of uneconomic remainders and the donation of real property to a nonprofit organization for the construction of residential units. · We are recommending that limitations be eased in the leasing of municipal property. This will allow the City Council to lease municipal real property for terms up to 30 years. Any single terms longer than 30 years must go to referendum. · We are recommending that limitations be eased in allowing city owned facilities such as a boat slips, docks, dock master office, amphitheater, and associated appurtenances such as parking facilities be developed in the area described as the "Downtown Waterfront". Further, we are recommending that the parking facilities be located south of Cleveland Street. o We discussed easing the Real Property limitations even further to grant the City Council broader powers regarding the sale, donation or lease of any municipal property, except recreation/open space. While the unanimous consensus was that the City Council should have these broader powers the majority felt that too many changes to the Charter may not be palatable to the public. The minority felt that decision should be made by the City Council. ~ Vacancies o We are recommending that Council members forfeit their office if absent for three consecutive regular meetings rather than the six allowed by the current charter. This was an unanimous vote. Commission Work Session 2003-10-13.doc 9 10/13/03 . . . Article III - Administration ~ This section describes the powers and duties of the City Manager. o We are recommending that the City Manager shall maintain residency within the city during his tenure. This was an unanimous consensus. o We are recommending deletion of the sentence that allows the City Manager to request a public hearing before removal. This was an unanimous vote. o We discussed requiring a referendum prior to discontinuing the police and/or fire departments and/or adding an article to the Charter that requires there be a city police and fire departments. We are not recommending either action. · The majority felt that either action was too prohibitive upon the City Council. · The minority felt that it should be up to a public vote via referendum before these services be replaced or combined with other entities. Article IV - City Attorney ~ This section describes the powers and duties of the City Attorney. o We are recommending deletion of the sentence that allows the City Attorney to request a public hearing before removal. This was an unanimous vote. Article VI - Initiative, Referendum ~ There are only minor text changes. Article VII - General Provisions ~ This section describes the Charter review process o We are recommending that the charter review process be conducted every six years rather than every five. This was an unanimous vote. o We are recommending that the final report of the Charter Review Committee be drafted as a referendum without revisions from the City Council. o We are recommending that the Charter Review Committee be composed of twelve members with each Council member making one appointment, and the other seven members appointed by a majority vote of the Council. If the number of members of the committee falls below ten, the Council shall appoint additional members. o We are recommending that the Mayor and Vice-mayor shall serve as non-voting ex-officio members in addition to the twelve appointed members. · The majority felt that the Charter Review process should be independent of City Council approval and that it should more closely resemble Pinellas County's procedures. Also, if the City Council could no longer control the process it would be prudent to have at least two Council Members on the Review Committee. · The minority felt that the Charter Review Committee should remain an advisory board to the City Council and the Review Committee should not include any elected officials. Article VIII - Nominations and Elections There are only minor text changes. Commission Work Session 2003-10-13.doc 10 10/13/03 . Article IX - Fiscal Management There are only minor text changes. Article X - Transition Schedule There are only minor text changes. In response to questions, Mr. Dennehy said the committee felt bringing out issues leading to the decision to terminate the city manager or city attorney at a public meeting was not necessary. In response to a question, Ms. Akin said the procedure was not automatic, but was established to provide a city manager or city attorney the ability to request a hearing. In response to a question, Mr. Dennehy said the Committee recommended a review of the Charter every six years in order to align the review with City elections. Discussion ensued regarding the Charter Review Committee not functioning just as an advisory board by allowing their recommendations to go directly to the voters in an effort to make the Committee more non-political and prohibit the City Commission from directly influencing the Committee's recommendations. It also was felt that the Mayor and Vice-Mayor could serve as nonvoting members of the Committee rather than randomly selecting Commissioners every time a Charter review occurs. . . In response to a question, Ms. Akin said the County now only has one voting County Commissioner serving on their Charter Review Committee. Concern was expressed in sculpting the charter to meet today's needs. Mr. Dennehy said the Committee feels that most of their recommendations meet the timelessness issue, although some addressed areas they felt were more site specific. The Committee was thanked for their efforts. CA LEGAL DEPARTMENT Second Reading Ordinances 4. Ordinance #7192-03 - provide a revised waterina schedule for all types of water to parallel the Southwest Florida Water Manaaement District rescission of Executive Order SWF 01-18 and adopt the current water use restrictions contained in Chapter 40D-22. F.A.C. The Southwest Florida Water Management District (SWFWMD) has the authority to establish water use restrictions based on "Best Management Practices", current hydrogeological conditions, and as contained in Chapter 40D-21, F.A.C. SWFWMD determined those conditions warrant a modification of the current restrictions to promote and require water conservation during times of average and above average rainfall as well as during declared water shortages, and, has rescinded Executive Order SWF 00-18. . City staffs recommendation is in support of SWFWMD's efforts of "Year-Round Water Conservation Measures". The permanent restrictions are officially referred to as "Year-Round Water Conservation Measures" and have been rewritten and codified by the District in the modified version of Rule 40D-22 as published for adoption in the Florida Administrative Weekly on July 11, 2003. The highlights of the rule are as follows: Commission Work Session 2003-10-13.doc 11 10/13/03 . . . a) Even numbered addressed such as 0, 2, 4, 6, 8 and the letters A-through-M may water on Tuesdays and/or Saturdays. b) Odd Numbered addresses such as 1, 3, 5, 7, 9 and the letters N-through-Z may water on Wednesdays and/or Sundays. c) All irrigation shall be prohibited between the hours of 10:00AM. and 4:00 P.M. d) Irrigation of new plant material and turf grass has a 60-day exemption from "day-of- week" provisions, but must conform to the established time of day requirements. e) Use of hand watering or low volume irrigation applied to the root zone of non-turf areas is not restricted to certain days or times. f) Watering in of lawn chemicals is allowed, if required by the manufacturer, but a temporary sign must be posted. g) Irrigation systems may be operated for test purposes on otherwise restricted days or times, but the test is limited to 1 0 minutes per test. h) Irrigation with reclaimed water shall not be restricted except as to time of day. Irrigation with reclaimed water shall not be used between the hours of 1 0:00AM. and 4:00 P.M. In the event the District shall declare a water shortage emergency, either by Board action or by Executive Order and further restricts the use of outdoor watering, the City of Clearwater shall automatically conform to the emergency order and follow the more restrictive water usage for the period of the declared emergency. Variances and Waivers - Users may request relief from the provisions of this Chapter 40D-22 by filing a petition for variance or waiver with the District pursuant to Section 120.542 and Rule 28-104 F.AC. This Ordinance shall take effect immediately upon adoption. In response to a question, Mr. Neff said the City wishes to be consistent with the County ordinance regarding water restrictions. It was questioned if the City could legitimately continue water restrictions if SWFWMD has lifted their emergency order. City Attorney Pam Akin said she would find out if this ordinance tracks the County's ordinance. Mr. Neff said staff is recommending that the City take no action regarding the water restrictions until after the County has approved a policy. This item is to be continued at Thursday night's meeting to a date uncertain. Third Reading Ordinances 1. Ordinance #7124-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to Institutional (INS) (LUZ2003-03002) Commission Work Session 2003-10-13.doc 12 10/13/03 . . . 2. Ordinance 7125-03 - Approve a Zoninq Atlas Amendment from LMDR. Low Medium Residential District. to (I) Institutional District. for 2701. 2720. 2751 & 2770 Reoencv Oaks Blvd. (A portion of M&B 21.00. all of M&B 21.02. and a portion of M&B 21.03 in Sec. 05-29- 16) (LUZ2003-03002) In response to a question, Ms. Akin said these third readings of ordinances were necessary because of DCA review. Other City Attorney Items 1. First Readinq Ord 7216-03 - an emeroencv ordinance relatinq to openinq and closinq hours for alcoholic beveraqe establishments amendinq Section 6.29 of the Code of Ordinances. The proposed amendment to the Clearwater Code of Ordinances would bring the City of Clearwater into conformance with the closing hours for alcoholic beverage establishments currently contained in Chapter 6, Article II of the Pinellas County Code of Ordinances until a permanent ordinance can be adopted. Ms. Akin said this ordinance is being considered to eliminate confusion and provide consistency. 2. First Readino Ord 7217-03 - relatinq to openinq and closinq hours for alcoholic beveraoe establishments amendinq Section 6.29 of the Code of Ordinances. The proposed ordinance would allow for the sale of alcoholic beverages on Sundays to commence at 11 :00 a.m., rather than the 1 :00 p.m. Sunday time currently allowed in the Clearwater Code of Ordinances. Ms. Akin said this ordinance would serve as the permanent ordinance enforcing the alcoholic beverage legislation. Commission Discussion Items 1. Decorative Street Liohtinq for Residential Neiohborhoods (WSO} The City Manager said a request from the Grovewood Homeowner's Association regarding decorative street lighting has been received. Traffic Operations Manager Paul Bertels stated the City did not want to set a precedent regarding decorative items. In response to a question, Mr. Bertels said that St. Petersburg has some method for recovering some of the costs. Mr. Bertels said Clearwater has some decorative lights along Court Street, along the traffic circle, and the Acacia traffic circle, however, those are common areas of the City. He did not recommend installing them in individual neighborhoods due to maintenance costs. The decorative light fixtures in Harbor Oaks belong to that neighborhood and have been there for 50 years. Mr. Bertels said the cost to rent the decorative posts and pay for the energy and maintenance concerns staff. He will research the arrangement St. Petersburg has regarding their light fixtures. Commission Work Session 2003-10-13.doc 13 10/13/03 . . . Other Commission Action Commissioner Hibbard noted Jazz Holiday beings this Thursday night. Commissioner Jonson said he was invited to Tampa Bay Commuter Rail Authority workshop on October 15. He expressed disappointment that Drew Street is closed three days prior to the Jazz Festival. Mr. Brumback said the closure was necessary in order to set up for the event. It was suggested that Court Street, Osceola Avenue, or Myrtle Avenue be used instead of Drew Street during Jazz Holiday. Commissioner Gray attended the Faces of Domestic Violence luncheon held by The Haven last week. She complimented the keynote speaker and operator of the event. Commissioner Hamilton congratulated Commissioner Gray on her outstanding work at the CHIPS gala. Commissioner Gray gave credit to Ms. Kavanaugh. Mayor Aungst said he appreciated everyone's understanding of the traffic situation during the Jazz Festival. Adiourn The meeting adjourned at 3:35 p.m. Commission Work Session 2003-10-13.doc 14 10/13/03