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04/05/2001 f I i . . I CITY COMMISSION MEETING CITY OF CLEARWATER April 5, 2001 Present: Brian J. Aungst Ed Hart Whitney Gray Hoyt P. Hamilton William C. Jonson Mayor/Commissioner Vice-M ayor /Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Pamela K. Akin Cynthia E. Goudeau Brenda Moses Interim City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Dr. John T. Pearson of St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards Proclamation: Fair Housing Month - 04/01 Proclamation: Child Abuse Prevention Month - 04/01 & Shaken Baby Syndrome Awareness Week - 4/24-30/01 ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Commissioner Gray moved to approve the minutes of the regular meeting of March 22, 2001, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the AQenda John Doran presented the Commission with an update on the Blue Ribbon Task Force Report. mcc04aO 1 1 04/05/01 . I , . Mark Bunker thanked the Interim City Manager for responding to the Sid Klein letter. He said while taping Scientologists, they hit his camera and after informing the police, they refused to review the tape and threatened to arrest him. He said the members of the Lisa McPherson Trust deserve the same treatment as everyone else. Peter Reschard expressed concern that the City is planning to forcefully acquire the Friendly Village of Kapok homes at much less than fair market value. He requested information regarding compensation and felt homeowners should be compensated based on replacement cost and reimbursed for relocation costs. David Campbell said changes need to be made to the newsrack ordinance, more citizen input obtained, and it needs clarification. PUBLIC HEARINGS ITEM #8 - Public Hearinq & First Readinq Ord. #6768-01 - Vacating northeasterly 2' of 5' drainage & utility easement, less and except southeasterly 6' thereof, said easement lying along southwesterly lot line of Lot 126, Morningside Estates Unit 1, 1301 Williams Drive (Day, V2001-02)(PWl An existing pool deck and pool enclosure encroaches into the easement. This pool was built prior to the current review procedures that were implemented to prevent such encroachments from occurring. Florida Power, Time Warner, Verizon, and Verizon Media Ventures, Inc. have no objection to the vacation request. The City has no utilities in the subject easement. Commissioner Hart moved to approve the applicant's request to vacate the northeasterly 2 feet of the 5 foot drainage and utility easement, less and except the southeasterly 6 feet thereof, said easement lying along the southwesterly lot line of Lot 126 Morningside Estates, Unit 1, aka 1301 Williams Drive, and pass Ordinance #6768-01 on first reading. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6768-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6768-01 on first reading. The motion was duly seconded and upon roll call, the vote was: IIAyesll: Hart, Gray, Hamilton, Jonson, and Aungst. IINaysll: None. ITEM #9 - Public Hearinq & First Readinq Ord. #6769-01 - Vacating easement or a portion thereof as described in OR 5486 page 288, OR 5493 page 48 & OR 5485 page 1585, all located in Sec.19-29-16, M&B 44.04 (Quality Self Storage VI, V2001-04)(PWl The applicant is requesting this vacation in order to develop the subject property with a self-storage facility that is to be constructed over portions of the subject easements. mcc04a01 2 04/05/01 r r i . . The applicant is providing a replacement sanitary sewer easement for the subject property that satisfies the need for sewer service to the proposed use of this property as well as that of adjacent property. The City has an existing sanitary sewer line within the subject easements. The applicant will remove the existing sanitary sewer main and appurtenances and construct a new sanitary sewer system. An existing gas main on the property will be abandoned in place and a new connection to the adjacent property will be provided by the Gas System. Public Works Administration is recommending the vacation of these easements subject to the applicant obtaining approval for the replacement sanitary sewer easement. The site plan for the self-storage project has been approved by the COB (Community Development Board). One person spoke in opposition of the application, expressing concern that the easement is being moved into the roadway that is used to access the property. He did not believe that costs associated with the damage to the roadway from increased usage would be mitigated by the applicant. Roger Larson, applicant's representative, said the relocated easement encroaches 1 foot into the ingress/egress easement and will not impose on the tenants' or owners' use of the property. He said during construction the interruption would be minor and any damages would be repaired. In response to a question, Planning Director Ralph Stone said the COB recommended approval of vacation with conditions to mitigate concerns of the neighboring property owners. He said zoning setbacks in the Code are measured from exterior property lines, not from the roadway. In response to a question, Public Works Administrator Mashid Arasteh said the utility system would continue to operate as a gravity system. Brian Zalenga, project engineer, said the building is set back 10 feet from the pavement. Landscaping is set back from the sewer line. The sewer line extends 1 foot into the edge of the existing pavement. In response to a question, Mr. Zalenga said because of the landscaping requirements, the sewer line will not be outside the ingress/egress. He did not feel landscaping would survive above a sewer line. He said the stormwater runoff would be handled as is the existing runoff. The existing asphalt driveway causes water to run into the center and will be collected in a stormwater pond. Commissioner Hamilton moved to approve the applicant's request to vacate easements or a portion thereof as described in O.R. 5486 Page 288, O.R. 5493 Page 48, and O.R. 5845 Page 1585, all located in Section 19, Township 29 South, Range 16 East, Metes and Bounds 44.04, aka 18545 US 19 North. The motion was duly seconded. Discussion ensued and it was requested that staff provide the specifics of the COB's vote regarding this item. Concern was expressed that more information is needed. mcc04a01 3 04/05/01 ~ ! ! i . I . The seconder withdrew her second. Ms. Arasteh said the exact location of the easement would be provided to the Commission at the next meeting. She said this request is contingent upon the City accepting the location of the easement. It was requested that staff provide a more thorough presentation on this item. Mr. Stone suggested the Commission approve this item on first reading as they could deny it at second reading. Commissioner Hamilton restated his motion and it was duly seconded. Upon the vote being taken, Commissioners Gray, Hamilton, Jonson, and Mayor Aungst voted "aye"; Commissioner Hart voted "nay". Motion carried. The City Attorney presented Ordinance #6769-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6769-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Aungst. "Nays": Hart. Motion carried. It was requested that staff research if this is the same property that had made previous application and was denied or if that was another property owner in the area. ITEM #10 - Public Hearinq & First Readinq Ord. #6641-01 - Relating to Downtown Clearwater Periphery Plan; adopting an amended periphery plan (PlD) The Downtown Clearwater Periphery Plan evolved out of a downtown planning process that considered expanding the Downtown Redevelopment Plan boundaries. It governs 4 areas located on the edges of downtown known as the Northwest, Southwest, Northeast, and Southeast Expansion areas. The Plan was originally approved in 1993. The Plan addresses the function of each area, land assembly possibilities, zoning and design issues, and priority land uses for the expansion areas. In 1995, the City changed the Future land Use designation of the 4 expansion areas to Central Business District. The Downtown Clearwater Periphery Plan 2000 Update revises the original Plan. It includes extensive information on existing zoning, property conditions, ownership patterns, relationship to Downtown Redevelopment Plan Area and infrastructure impacts. It also identifies issues and opportunities within each area, and includes a description of what the 1993 Plan indicated for each expansion area. mcc04aO 1 4 04/05/01 . I . . The following is a list of the other specific changes proposed in the Periphery Plan 2002 Update: 1) Addition of generalized land use maps; 2) addition of policies to guide development; 3) expansion of the Southwest and Southeast boundaries, which resulted in the minor adjustment of total land area; 4) eliminated industrial uses as permitted uses in the Southwest and Northwest Expansion Areas; 5) revised density limitations in the Southwest Expansion area; 6) added commercial uses as permitted uses in the Southwest Expansion Area; 7) added institutional uses as permitted uses in the Northwest Expansion Area; and 8) permitted new single family dwellings in a specified area in the Northwest Expansion Area. The Downtown Clearwater Periphery Plan 2000 Update is consistent with objectives and policies of the Clearwater Comprehensive Plan. There is a companion item to this Periphery Plan that will rezone the Northwest and Southwest Expansion Areas to the Downtown Zoning District. The specific request is contained in a separate agenda item and ordinances. The rezoning is required to make these areas consistent with their plan category of Central Business District. The CDB reviewed the proposed Periphery Plan 2000 Update in its capacity as the Local Planning Agency (LPA) at its regularly scheduled meeting on January 23, 2001, and recommended approval of the Plan. The Periphery Plan was discussed at the February 15, 2001, Commission meeting. The following changes have been made to the plan as a result of Commission direction and from staff research: 1) Information regarding the findings of the Clearwater Historic Preservation Survey and Planning Project was added to the Northwest Expansion Area. An opportunity focusing on historic resources was added, as well as a policy encouraging the renovation and reuse of historic resources within the Expansion Area; 2) in response to concerns raised by the Clearwater Chamber of Commerce, a provision was added to each Expansion Area Land Use Plan that would permit the use of the comprehensive infill redevelopment project on sites at least 20,000 square feet in area. The provision requires that the proposed use meet all of the flexibility criteria identified in the Community Development Code, as well as be compatible with the permitted uses identified in the Land Use Plan and not detract from the character established for the Expansion Area; 3) in response to concerns about the prohibition of commercial uses in certain areas of the Southwest Expansion Area, staff has added a provision to the Land Use Plan that would permit commercial development along Chestnut Street or Turner Street provided the parcel proposed for development is at least 1 acre in area, is compatible with the surrounding permitted uses, and does not detract from the Land Use Plan established for the area. The provision specifically prohibits certain commercial uses such as alcoholic beverage sales, convenience stores, limited vehicle sales and display and fast food restaurants. Paqe 1 5 - Add New Lanquaqe The Northwest Expansion Area was included in the 1998 City of Clearwater Historic Preservation Survey and Planning Project. This study recorded and evaluated 116 properties within the Expansion Area that were constructed in 1950 or before. Even though the survey did not recognize any properties within the Northwest Expansion Area as mcc04a01 04/05/01 5 . I ~ I I I . being potentially eligible for listing on the National Register of Historic Places, approximately half were identified as potential contributors to a historic district. The criteria for potential contributor is that the structure be at least 50 years old and retain its basic roof shape and building form. The study acknowledges, however, that the majority of these buildings have been altered or deteriorated but concludes that many of these structures contribute to the "streetscape's rhythm and pattern, and if redeveloped in the future, would add greatly to a potential historic district." PaQe 21 - Add New Oooortunitv Concentrations of historic resources contribute to the historic and architectural character of the Expansion Area. PaQe 28 - Add a new Policv 1.8 and renumber remaininQ policies Renovation, rehabilitation, and reuse of historic resources are encouraged. Flexibility through the site plan review process should be utilized so that historic resources may be retained and reused. Paqe 28. Paqe 55. Paqe 75. and PaQe 101 - Add new last oaraQraoh at end of Land Use Plan section The Comprehensive Infill Redevelopment Project as defined by the Community Development Code may be used within this Expansion Area to establish a use that is not specified in the Land Use Plan. In order to apply for such use, the minimum lot size of the site proposed for development must be at least 20,000 square feet in area. The proposed use must be compatible with the surrounding permitted uses identified in this Land Use Plan and shall not detract from the character established for this Expansion Land Use Plan, and shall not detract from the character established for this Expansion Area. Additionally, all of the flexibility criteria set forth by the Community Development Code for Comprehensive Infill Redevelopment projects must be met. PaQe 51 or 55 - Add the followinq lanquaQe to the Southwest Exoansion Area Limited commercial development may be permitted along Chestnut street or Turner Street provided the minimum lot size of the parcel proposed for development is at least one (1) acre in area. The proposed use shall be compatible with the surrounding permitted uses identified in this Land Use Plan and shall not detract from the Land Use Plan established for this Expansion Area. Additionally, the following commercial uses shall be prohibited due to their negative use characteristics and impact on the area: alcoholic beverage sales, convenience stores, limited vehicle sales and display and fast food restaurants. Planning Director Ralph Stone said staff incorporated some revisions to address the concerns of the Clearwater Chamber of Commerce and some property owners. Staff is recommending the entire Southwest area have a full range of uses. Once the new bridge is in place, staff will address the commercial pressures on Court and Chestnut Streets. mcc04aO 1 6 04/05/01 r . I I . In response to a question, Mr. Stone said the office/residential area would extend to the Pinellas Trail but not to Myrtle Avenue because Myrtle is outside the periphery plan. Staff is honoring the boundaries set by the Commission in 1993. He felt the plan is compatible with the surrounding area. One person spoke regarding the plan expressing concern that Osceola would become 10 story-high buildings, creating problems for the other side of the street, and devaluing properties not included in the plan. One person spoke in favor of the ordinance. Commissioner Hart moved to approve the Periphery Plan 2000 Update. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6641-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6641-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #11 - Public Hearina & First ReadinQ Ords. #6639-01 & #6640-01 - Downtown Zoning for Northwest & Southwest Expansion Areas of Periphery Plan (PLD) The Northwest Expansion Area is 66.52 acres and bounded by Clearwater Harbor on the west, Nicholson Street to the north, the Pinellas Trail and Myrtle Avenue to the east and Jones Street to the south. It has a mix of zoning districts ranging from Medium Density Residential to Industrial, Research and Technology. The Southwest Expansion Area is 20.24 acres and is bounded by South Fort Harrison Avenue to the west, Chestnut Street to the north, the Pinellas Trail/East Avenue to the east and Druid Road to the south. The area is zoned Commercial and Office. The Northwest and Southwest Expansion Areas of the Periphery Plan have a future land use designation of Central Business District, which has been in place since 1995. This designation is not consistent with the current zoning found within either area. The proposed rezonings are compatible with the immediate surrounding area and will be in character with the surrounding uses. There are sufficient public facilities to accommodate the proposed rezoning. Level of service standards will not be degraded. The location of the proposed Downtown (D) boundaries is logical. The boundaries are approximately drawn with regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment and are consistent with the boundaries identified in the Downtown Clearwater Periphery Plan 2000 Update. mcc04aO 1 7 04/05/01 .1 I . I . The proposed rezonings will implement policies of the Downtown Clearwater Periphery Plan 2000 Update which call for rezoning the Northwest and Southwest Expansion Areas to Downtown. The proposed rezonings are consistent with objectives and policies of the Clearwater Comprehensive Plan. The COB reviewed the proposed rezonings at its regularly scheduled meeting on January 23, 2001, and recommended approval of both rezonings. Commissioner Jonson moved to approve a Zoning Atlas Amendment for the Northwest Expansion Area by rezoning the area from Medium Density Residential, High Density Residential, Tourist, Commercial, Institutional, Industrial, Research and Technology and Open Space and Recreation to Downtown, and approve a Zoning Atlas Amendment for the Southwest Expansion Area by rezoning the area from Commercial and Office to Downtown. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6639-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6639-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6640-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6640-01 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 # 1 2 - Public Hearinq - Declare surplus for purpose of granting perpetual non-exclusive Ingress & Egress Easement to WAGI, a division of Wagenvoord Advertising Group, Inc., a parcel of land containing 1,041 square feet m-o-I, lying in Sec. 16-29-15 (PW) The City purchased the subject parcel from WAGI on January 23, 2001, pursuant to a Purchase Agreement between the City and WAGI dated November 13, 2000. The subject parcel was only a portion of the WAGI property. Its acquisition limited both access and use possibilities for the remainder property. By agreement with Melanie Cordes, Trustee, a portion of the adjoining property was conveyed from the Cordes Trust to WAGI simultaneous with City acquisition of the subject property from WAGI. WAGI intends to utilize its remainder parcel, combined with the additional land conveyed by Cordes, to construct a replacement radio tower for WT AN, the radio station owned and operated by WAGI. mcc04a01 8 04/05/01 I iel ! . I : . As stipulated in the City's agreement with WAGI, the City would provide WAGI ingress and egress from Pierce Boulevard across the subject property to facilitate construction and future maintenance of the planned radio tower. The rights conveyed are non-exclusive to WAGI and will not interfere with any uses the City anticipates for the parcel, nor limit it granting additional rights of use to others. The easement rights are irrevocable except by written mutual agreement of the parties, or by WAGI abandoning its use of the easement premises. In response to a question, Ms. Arasteh said the height of the tower is 180 feet. The existing tower is mounted on the building. Commissioner Gray moved to declare as surplus for the purpose of granting a perpetual non-exclusive ingress and egress easement to WAGI, a division of Wagenvoord Advertising Group, Inc., a dissolved Florida corporation ("WAGI"), a parcel of land containing 1,041 square feet, more or less, lying in Section 16, Township 29 South, Range 1 5 East, being more specifically described in the proposed ingress and egress easement agreement between the City and WAGI, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearinq - Declare surplus for purpose of offering real property for sale through City bid procedure for highest bid above $58,500, Enghurst Addition to Clearwater, Lot 11 (PW) On December 17, 1991, Leander Jones and Hattie R. Jones, husband and wife, gave the City a mortgage to secure a $34,500 CDBG (Community Development Block Grant) housing loan that funded construction of the subject residence located at 1208 North Garden Avenue. As established in loan provisions, repayment of the loan was deferred until such time as the property was either sold, or otherwise vacated by the original mortgagors, either circumstance requiring that the loan be repaid in full. Mrs. Jones moved into a nursing home following the death of Mr. Jones and conveyed the property to the City by QuitClaim Deed on December 29, 1999 in lieu of the City foreclosing its mortgage lien on the property. The current market value of the vacant residence is estimated to be $58,500 in an appraisal performed by Chris Van Stooten, SRA, on February 15, 2001. Following its declaration as surplus, the property will be offered for bid in accordance with City purchasing regulations. A purchase agreement will be negotiated with the most responsive bidder meeting the requirements of the invitation for bids. Sale proceeds will first apply in fund #686-00000-128165-000-000 (Community Development Block Grant Program/Deferred Payment Loans Receivable) to retire the unpaid construction loan balance. Excess proceeds will accrue in the fund for future loan purposes. In response to a question, Ms. Arasteh said the property owner borrowed $34,500 and the appraisal is $68,500. Ms. Bandoni said the outstanding mortgage is still $34,500. It was deferred and was not required to be paid until the property was vacated. mcc04aO 1 9 04/05/01 I ~ I . . Commissioner Hamilton moved to declare as surplus for the purpose of offering for sale through City bid procedures for the highest bid amount above $58,500, real property legally described as Lot 11, Enghurst Addition to Clearwater, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #14 - Public Hearinq & First Readina Ords. #6684-01, #6685-01 & #6686-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Preservation and Recreation/Open Space & Preservation and OS/R Zoning, 1281 S. Hercules Ave., Sec. 24-29-15, M&B 12.02 (City)(PLD) The site is located at 1281 South Hercules Avenue, on the northeast corner of South Hercules Avenue and Lakeview Road. The subject property is currently vacant and involves 4.6 acres of land including a drainage area with protected wetlands and uplands. The property will become part of the new Allen's Creek environmental park planned to include this site and property to the east. The purpose of the annexation, land use plan amendment and rezoning is to allow the City to bring this property into its jurisdiction and consistency with both the Countywide Plan and the City zoning district in order to utilize the uplands area for educational and limited active recreational uses including a playground, and educational kiosk/observation deck on the southwest area of the property. The property will be served by the City's water and sanitary sewer service and capacity for the project is available for both utilities. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) the proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) the proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation requires a review by the PPC (Pinellas Planning Council). Following the approval of the Pinellas County charter amendment in a referendum election on November 7,2000, the PPC is now authorized by Ordinance #00-63, Section 7(1-3) to review all voluntary annexations including those previously executed through valid agreement. The PPC staff has reviewed this annexation and no objection has been received. The Planning Department determined the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not have an adverse impact on the natural environment. mcc04a01 10 04/05/01 , ~ i , . . In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the PPC and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size and intensity of the plan amendment site, review and approval by Florida Department of Community Affairs is not required. The COB reviewed these applications at their regularly scheduled public hearing meeting of January 23, 2001, and unanimously recommended approval to the Commission. Commissioner Hart moved to approve the annexation of property located at 1 281 South Hercules Avenues (Metes & Bounds 12-01 in Section 24, Township 29 South, Range 1 5 East), a land Use Plan Amendment from County Preservation (P) to City Preservation (P) and Recreation/Open Space (R/OS), and a Zoning Atlas Amendment from County Zoning Residential, Single Family (R-3) District to City Preservation (P) and Open Space/Recreation (OS/R) Zoning District, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6684-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6684-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. The City Attorney presented Ordinance #6685-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6685-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. The City Attorney presented Ordinance #6686-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6686-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. Public Hearing - Second Reading Ordinances ITEM #15 - Ord. #6680-01 - Amendments to Community Development Code (re: Residential Infill Development Standards and Flexibility Criteria; off-street parking for self storage; maximum development potential; alternate member to COB) The City Attorney presented Ordinance #6680-01 for second reading and read it by title only. Commissioner Gray moved to adopt Ordinance #6680-01 on second reading. The motion was duly seconded and upon roll call, the vote was: mcc04aO 1 11 04/05/01 . I . I I ! . "Ayes": Gray, Hamilton, Jonson, and Aungst. "Nays": Hart. Motion carried. The City Attorney reported Items #16 - #66 need to go to the Pinellas Planning Council before second reading; therefore, the items need to be continued. (See motion after Item #36 & Item #66) ITEM #16 - Ord. #6696-01 - Annexation (& redefining boundary lines of City to include said addition), 160 N. Belcher Rd., Sec. 13-29-15, M&B 11.03 (H. G. & Alice Anderson) ITEM #17 - Ord. #6697-01 - Land Use Plan Amendment to Commercial General, 160 N. Belcher Rd., Sec. 13-29-15, M&B 11.03 (H. G. & Alice Anderson) ITEM #18 - Ord. #6698-01 - Commercial Zoning, 160 N. Belcher Rd., Sec. 13-29-15, M&B 11.03 (H. G. & Alice Anderson) ITEM #19 - Ord. #6702-01 - Annexation (& redefining boundary lines of City to include said addition), 1734 Cardinal Dr., Pinellas Terrace First Add., Lot 6 (Phyliss & Keith Daliendo) ITEM #20 - Ord. #6703-01 - Land Use Plan Amendment to Residential Low, 1734 Cardinal Dr., Pinellas Terrace First Add., Lot 6 (Phyliss & Keith Daliendo) ITEM #21 - Ord. #6704-01 - LMDR Zoning, 1734 Cardinal Dr., Pinellas Terrace First Add., Lot 6 (Phyliss & Keith Daliendo) ITEM #22 - Ord. #6705-01 - Annexation (& redefining boundary lines of City to include said addition), 1492 Carolyn Lane, Terra-Alto Estates, Lot 16 (Cleareather & Louis Gross) ITEM #23 - Ord. #6706-01 - Land Use Plan Amendment to Residential Low, 1492 Carolyn Lane, Terra-Alto Estates, Lot 16 (Cleareather & Louis Gross) ITEM #24 - Ord. #6707-01 - LMDR Zoning, 1492 Carolyn Lane, Terra-Alto Estates, Lot 16 (Cleareather & Louis Gross) ITEM #25 - Ord. #6708-01 - Annexation (& redefining boundary lines of City to include said addition), 2827 St. John Dr., Virginia Groves Terrace Fifth Add., Blk D. Lot 6 (Jeffrey & Donna Drury) ITEM #26 - Ord. #6709-01 - Land Use Plan Amendment to Residential Low, 2827 St. John Dr., Virginia Groves Terrace Fifth Add., Blk D. Lot 6 (Jeffrey & Donna Drury) ITEM #27 - Ord. #6710-01 - LMDR Zoning, 2827 St. John Dr., Virginia Groves Terrace Fifth Add., Blk D. Lot 6 (Jeffrey & Donna Drury) mcc04a01 12 04/05/01 . I I . I ! ; i I . ITEM #28 - Ord. #6717-01 - Annexation (& redefining boundary lines of City to include said addition), 1941 West Skyline Dr., Skyline Groves, Lot 106 (Gail LeBlanc) ITEM #29 - Ord. #6718-01 - Land Use Plan Amendment to Residential Low, 1941 West Skyline Dr., Skyline Groves, Lot 106 (Gail LeBlanc) ITEM #30 - Ord. #6719-01 - LMDR Zoning, 1941 West Skyline Dr., Skyline Groves, Lot 106 (Gail LeBlanc) ITEM #31 - Ord. #6720-01 - Annexation (& redefining boundary lines of City to include said addition), 1309 Woodbine St., Pine Ridge, Blk C, Lot 7 (James & Audrey Morrow) ITEM #32 - Ord. #6721-01 - Land Use Plan Amendment to Residential Low, 1309 Woodbine St., Pine Ridge, Blk C, Lot 7 (James & Audrey Morrow) ITEM #33 - Ord. #6722-01 - LMDR Zoning, 1309 Woodbine St., Pine Ridge, Blk C, Lot 7 (James & Audrey Morrow) ITEM #34 - Ord. #6729-01 - Annexation (& redefining boundary lines of City to include said addition), 108 K St., Crystal Heights Unit 1, Lots 23 & 24 (Michael Stifel) ITEM #35 - Ord. #6730-01 - Land Use Plan Amendment to Residential Urban, 108 K St., Crystal Heights Unit 1, Lots 23 & 24 (Michael Stifel) ITEM #36 - Ord. #6731-01 - LMDR Zoning, 108 K St., Crystal Heights Unit 1, Lots 23 & 24 (Michael Stifel) Commissioner Hart moved to continue Items #16 - #36 to May 3, 2001. The motion was duly seconded and carried unanimously. ITEM #37 - Ord. #6732-01 - Annexation (& redefining boundary lines of City to include said addition), 1513 Owen Dr., Sec. 8-29-16, M&B 22.06 (Jason & Angela Thacker) ITEM #38 - Ord. #6733-01 - Land Use Plan Amendment to Residential Low, 1513 Owen Dr., Sec. 8-29-16, M&B 22.06 (Jason & Angela Thacker) ITEM #39 - Ord. #6734-01 - LMDR Zoning, 1513 Owen Dr., Sec. 8-29-16, M&B 22.06 (Jason & Angela Thacker) ITEM #40 - Ord. #6735-01 - Annexation (& redefining boundary lines of City to include said addition), 2839 St. John Dr., Virginia Groves Terrace 5th Add., Blk D, Lot 12 (Whetsel & Nina Williamson) ITEM #41 - Ord. #6736-01 - Land Use Plan Amendment to Residential Low, 2839 St. John Dr., Virginia Groves Terrace 5th Add., Blk D, Lot 12 (Whetsel & Nina Williamson) mcc04aO 1 13 04/05/01 r I , I . I . ITEM #42 - Ord. #6737-01 - LMDR Zoning, 2839 St. John Dr., Virginia Groves Terrace 5th Add., Blk D, Lot 12 (Whetsel & Nina Williamson) ITEM #43 - Ord. #6738-01 - Annexation (& redefining boundary lines of City to include said addition), 1234 Bell Dr., Canterbury Heights, Lot 13 (Yvette lakis) ITEM #44 - Ord. #6739-01 - Land Use Plan Amendment to Residential Urban, 1234 Bell Dr., Canterbury Heights, Lot 13 (Yvette lakis) ITEM #45 - Ord. #6740-01 - LMDR Zoning, 1234 Bell Dr., Canterbury Heights, Lot 13 (Yvette lakis) ITEM #46 - Ord. #6741-01 - Annexation (& redefining boundary lines of City to include said addition), 2175 NE Coachman Rd., Mosell Acres Sub., part of Lot 8 (Suncoast Christian School) ITEM #47 - Ord. #6742-01 - Land Use Plan Amendment to Residential Urban, 2175 NE Coachman Rd., Mosell Acres Sub., part of Lot 8 (Suncoast Christian School) ITEM #48 - Ord. #6743-01 - LMDR Zoning, 2175 NE Coachman Rd., Mosell Acres Sub., part of Lot 8 (Suncoast Christian School) ITEM #49 - Ord. #6744-01 - Annexation (& redefining boundary lines of City to include said addition), 1919 Old Coachman Rd., Sunset Point Estates, Blk A, Lot 14 & N Y2 of Lot 15 (Roger & Mary Spencer) ITEM #50 - Ord. #6745-01 - Land Use Plan Amendment to Residential Low, 1919 Old Coachman Rd., Sunset Point Estates, Blk A, Lot 14 & N Y2 of Lot 15 (Roger & Mary Spencer) ITEM #51 - Ord. #6746-01 - LMDR Zoning, 1919 Old Coachman Rd., Sunset Point Estates, Blk A, Lot 14 & N Y2 of Lot 15 (Roger & Mary Spencer) ITEM #52 - Ord. #6747-01 - Annexation (& redefining boundary lines of City to include said addition), 22995 US 19N, Sec. 8-29-16, M&B 22.05 (Sidney Savelle, TRE) ITEM #53 - Ord. #6748-01 - Land Use Plan Amendment to Commercial General, 22995 US 19N, Sec. 8-29-16, M&B 22.05 (Sidney Savelle, TRE) ITEM #54 - Ord. #6749-01 - Commercial Zoning, 22995 US19N, Sec. 8-29-16, M&B 22.05 (Sidney Savelle, TRE) ITEM #55 - Ord. #6750-01 - Annexation (& redefining boundary lines of City to include said addition), 693 S. Belcher Rd., Sec. 18-29-16, M&B 32.08 (Sci Funeral Service Florida, Inc.) ITEM #56 - Ord. #6751-01 - Land Use Plan Amendment to Residential Medium, 693 S. Belcher Rd., Sec. 18-29-16, M&B 32.08 (Sci Funeral Service Florida, Inc.) mcc04a01 14 04/05/01 , r . I ! . I ! . ITEM #57 - Ord. #6752-01 - MDR Zoning, 693 S. Belcher Rd., Sec. 18-29-16, M&B 32.08 (Sci Funeral Service Florida, Inc.) ITEM #58 - Ord. #6753-01 - Annexation (& redefining boundary lines of City to include said addition), 2824 St. John Dr., Virginia Groves Terrace Fifth Add., Blk B, lot 2 (Mariam Johnson) ITEM #59 - Ord. #6754-01 - land Use Plan Amendment to Residential Urban, 2824 St. John Dr., Virginia Groves Terrace Fifth Add., Blk B, lot 2 (Mariam Johnson) ITEM #60 - Ord. #6755-01 - lMDR Zoning, 2824 St. John Dr., Virginia Groves Terrace Fifth Add., Blk B, lot 2 (Mariam Johnson) ITEM #61 - Ord. #6756-01 - Annexation (& redefining boundary lines of City to include said addition), 2841 SR590, Spring lake Estates, lots 3 & 3A (Ben & Helen Elliott, TRE) ITEM #62 - Ord. #6757-01 - land Use Plan Amendment to Residential low, 2841 SR590, Spring lake Estates, lots 3 & 3A (Ben & Helen Elliott, TRE) ITEM #63 - Ord. #6758-01 - lMDR Zoning, 2841 SR590, Spring lake Estates, lots 3 & 3A (Ben & Helen Elliott, TRE) ITEM #64 - Ord. #6759-01 - Annexation (& redefining boundary lines of City to include said addition), 2060 Calumet St., Clearwater Industrial Park, part of lot 9 (Florida Graphics Supply, Inc.) ITEM #65 - Ord. #6760-01 - land Use Plan Amendment to Industrial Limited, 2060 Calumet St., Clearwater Industrial Park, part of lot 9 (Florida Graphics Supply, Inc.) ITEM #66 - Ord. #6761-01 - IRT Zoning, 2060 Calumet St., Clearwater Industrial Park, part of lot 9 (Florida Graphics Supply, Inc.) Commissioner Hamilton moved to continue Items #37 - #66 to May 17, 2001. The motion was duly seconded and carried unanimously. ITEM #67 - Ord. #6766-01 - Amending Operating Budget for Fiscal Year ending 9/30/01 The City Attorney presented Ordinance #6766-01 for second reading and read it by title only. Commissioner Hart moved to adopt Ordinance #6766-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc04a01 15 04/05/01 't' ITEM #68 - Ord. #6767-01 - Amending Capital Improvement Budget for Fiscal Year ending r 9/30/01 ! ~, ':f r--- If The City Attorney presented Ordinance #6767-01 for second reading and read it by title only. Commissioner Gray moved to adopt Ordinance #6767-01 on second 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 #69-81) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #69 - Approval of Purchases & Declaration of Surplus per Purchasinq Memorandum: 1) Industrial Refuse Sales, 1 st of 2 extensions, compactor containers & parts, 5/1/01- 4/30/02, est. $100,000 (SW) 2) Container Systems & Equipment, one 2001 Ford 650 cab & chassis with container carrier body, replacement of G 1195, $52,521; financing to be provided under City's Master Lease-Purchase Agreement (GS) 3) Industrial Refuse Sales, front end refuse containers & replacement parts, 4/6/01-1/4/02, est. $100,000 (SW) 4) Bill Heard Chevrolet, two 2001 Chevrolet Silverado 1500 pickup trucks, $42,208 (GS) 5) Post Buckley Schuh & Jernigan, EOR, work order for survey coordination & completion of topographical survey for Clearwater Beach "Beach Walk" District, $76,900 (PW) 6) Declare surplus to City needs, vehicles & equipment; authorize disposal through trade-in (referenced replacement in Item #2) & sale at Tampa Machinery Auction ITEM #70 - Authorization for settlement of entire workers' comDensation claim (medical, indemnity, & attorney fee) of claimant Terrence Rowe, for total $44,000 (FN) ITEM #71 - Extend Aqreement with Banc of America, LLC, to 6/21/02, for services as City's financial advisor (FN) mcc04aO 1 16 04/05/01 ~ . . ITEM #72 - Approve recommendations of Technical Review Committee (TRC) for allocation of Fiscal Year 2000-2001 City of Clearwater Social Services Grants Program funds in the amount of $65,000; approve proposed funding contract form; approve additional $50,000 in funding as recommended by TRC (HM) ITEM #73 - Aqreement with Clearwater Housina Authority, provide additional police services to Jasmine Courts & Homer Villas, for 2 year period in exchange for $132,949 in federal grant funding (PD) ITEM #74 - Ratify & Confirm contract to Azurix North America Underground Infrastructure, Inc., for installation of sanitary sewer reinforcing liner at Alligator Creek Channel A Retention Area at logan Street, for $92,826.80 (PW) ITEM #75 - Aqreement with FDEP (known as PAC - Pre-approved Advanced Cleanup), to share site remediation costs at Standridge Property, 521 Clearwater Pass Avenue, former Texaco Station Facility, for $57,600 (PW) ITEM #76 - Aqreement with SWFWMD providing funding of project costs up to $2,103,985, for expansion of reclaimed water facilities to serve areas along Drew & Union Streets in eastern portion of City (PW) ITEM #77 - Work Order to McKim & Creed, engineering services, Clearwater Drew & Union Streets Reclaimed Water Project, $407,000 (PW) ITEM #78 - Renew AQreement with CNHS, Inc., for $124,800 representing Fiscal Years 1997 & 1998 HOME Program CHDO set-asides; Approve Agreement with largo Area Housing Development Corporation, for $133,350 representing Fiscal Years 1999 & 2000 set-asides; both agreements re developing single-family housing units; for total $258,150 (PlD) ITEM #79 - Neiqhborhood & Affordable Housina Advisory Board - reappoint Joyce Smith (ClK) ITEM #80 - Pension Advisory Committee - appoint Commissioner Gray for term 4/5/01- 4/4/03 & Commissioner Jonson to complete a term to 4/4/02 (CLK) ITEM #81 - Approve rescheduling: 7/16/01 Worksession & 7/19/01 Meeting to 7/9/01 at 1 :00 p.m. & 7/12/01; and 12/3/01 Worksession & 12/6/01 Meeting to 12/10/01 at 1 :00 p.m. & 12/13/01 Commissioner Hart moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commissioner Hart said he would like to discuss the City's social services efforts and have Jerry Lieberman make a presentation on how he might be able to assist. mcc04aO 1 17 04/05/01 . i . . OTHER ITEMS ON CITY MANAGER REPORT ITEM #82 - Public Input re proposed amendments to code re docks and newsracks (Ordinance #6795-01) (PLD) Current Process for Dock Review Currently, dock permits at a sinQle familv home or duplex are reviewed by the Harbormaster for navigation issues and by the Planning Department for dimensional requirements (setbacks, length and width). Upon approval by both, the Development Services Department issues a permit. The applicant may then apply for a permit through The Authority (Pinellas County Water and Navigation Authority). Currently, dock permits for a commercial use or a share dock at a hotel or condominium are not permitted since the Community Development Code does not establish regulation for these docks. The old zoning code in use prior to the Siemon Larsen code had provisions for commercial docks: The Code adopted, by reference, the Authority's rules regarding setbacks, length, and width. Proposed Amendments Residential Docks Several new dock applications reviewed in the Fall 2000 revealed a flaw in the current regulations. The Community Development Code did not establish a process to review deviations from the dimensional requirements such as a reduced setback or longer dock. In several cases, the Authority required that a dock be longer than the City's maximum length where the specific purpose of the longer dock was to avoid seagrass or other environmentally sensitive areas. Therefore, the Planning Department proposed an amendment to establish a process to review deviations from the regulations. The proposed amendment would allow a deviation to the dimensional rules for 1 of these reasons: 1) To reach adequate water depth, or 2) to protect environmentally sensitive areas, or 3) to recognize an unusual property configuration. If the 2 adjacent property owners have no objection to the deviation, then the deviation may be approved through the standard simplified review by Planning staff. If both property owners do not agree, the deviation is reviewed by the CDB in a public hearing with notice given to surrounding property owners. Commercial and Multi-use Docks Since the Community Development Code did not address commercial docks, the Planning Department also proposed adding a new section to regulate commercial docks. The proposed dimensional requirements for the commercial docks are the same as that in the Authority's rules and also are the same that the City had previously used. The Code amendment also proposes a deviation process the same as the residential deviation process described above. mcc04aO 1 18 04/05/01 , r ~ I . I ! I . I i I Under the proposed amendment, when a commercial or multi-use dock is approved by the City, the dock contractor must then apply to the Authority for approval. If the dock is greater than 500 square feet in size (and most commercial docks are), then the Authority conducts a public hearing to determine whether or not to approve the dock. Residential docks also must get a permit from the Authority but their size is generally less than 500 square feet and therefore they can be approved administratively. It should be noted that the Board of County Commissioners sits as the Authority to review dock permits. OPtions The Commission has several options regarding the dock regulations. 1 . Adopt the proposed dock regulations as written. Result: residential docks will have a variance process than can be approved by Planning staff if neighbors do not object and through a CDB public hearing if there is neighbor objection. Commercial and multi-use docks will be permitted pursuant to the same dimensional rules as the City previously had in the old zoning Code. Commercial docks also will be eligible for deviations through the same process as the residential docks (i.e. by Planning staff if no neighbor objections or if objections exist, through the public hearing process). 2. Make changes to the dock regulations. Possible changes: If the City desires to have more strict regulations on docks than the Water and Navigation Authority, the City could adopt additional standards regarding navigation and environmental issues. These additional standards would be added to the Community Development Code and each dock permit would be evaluated against these standards. If this option is chosen, it is recommended that the review process be done by the City's Development Review Committee and that only commercial and multi-use docks be reviewed in this manner. Residential docks are generally smaller and have a limited impact; the proposed amendment has a built-in mechanism for the adjacent neighbors to object and require a full public hearing review. This option will require that the Harbormaster playa more involved review role on dock permits than he currently does; also, staff from the Public Works Department will be added to the review process to evaluate environmental issues. Any person dissatisfied with the decision of the Development Review Committee may appeal the decision to the CDB for a full public hearing on the application. Discussion: Adding another level of review at the local level will increase the permit review time and costs for the contractor and dock owner. In addition, the review fee will be increased due to the more extensive City staff review. In many ways, a review by the City will be duplicative of the Water and Navigation Authority's review as navigation and environmental issues are the standards by which they review dock permits. mcc04aO 1 19 04/05/01 ., r , . . Ms. Tarapani said the MAB (Marine Advisory Board) has reviewed the dock regulation proposals and asked staff to bring back specific language with respect to specific standards and environmental needs. The EAB (Environmental Advisory Board) also will review these proposals. Ms. Tarapani presented photographs of newsracks at various locations throughout the City and explained how the proposed ordinance would affect them. In response to a question, Ms. Tarapani said the constitutional protections extend to publishers that offer their publications free of charge. She said in an effort to consolidate newsracks, the local publishers group has agreed to join together to use multi-use racks. Staff has discussed the importance of facing the racks away from the street. Newsracks are not to block views of scenic vistas or historic buildings. The 100-foot rule applies as measured from newsrack to newsrack. In response to a question, Ms. Tarapani said the issue of where to relocate newsracks and all enforcement has been placed on hold until this ordinance is approved. Staff is requesting the Commission's direction prior to redrafting the ordinance. Three persons spoke regarding the news rack portion of the ordinance, expressing concern regarding the proposed 100 foot separation rule, newsrack pollution, allowing exceptions for arterials, the lack of clarity of the ordinance in certain sections, the design of newsracks, and the City allowing publishers to dictate what the City should decide. Alison Steele, representative for the St Petersburg Times, said publishers place newsracks where they are the most effective. She said publishers have made a cooperative effort to work with City staff regarding location and appearance of newsracks. She suggested the City change the 300-foot rule to 100 feet to allow publishers to be flexible. She offered to provide the Commission with a list of sites that would be adversely affected by a 300-foot rule. In response to a question, she said publishers make every effort to avoid blocking ingress/egress. Permission from adjoining private property owners is obtained prior to placing newsracks on the rights-of-way. Ms. Steele said sometimes newsracks are requested by the adjacent commercial owners as they bring business to the area. She said if the City passes regulations with which it is difficult for publishers to comply, it is treading into constitutional territory where it could be challenged. She said the 300-foot requirement substantially limits publishers. In response to a question, Mr. Stone explained the public input process. He said staff has provided the neighborhood coalition with information and exchanged correspondence, partially modified the ordinance in response to input received, and held public hearings at the COB and Commission meetings. He said staff has not accepted any party's recommendations in total. Staff has met with anyone who expressed an interest in this ordinance. City Attorney Pam Akin said the City has the ability to regulate and even more ability to do so when the industry agrees with the conditions. While one may not agree as to another's protection, it still exists and it limits the City's ability to regulate. In response to a question, Ms. Akin said she is comfortable with the proposed ordinance. She felt it is well structured and has the agreement of the publisher groups. mcc04aO 1 20 04/05/01 . I I I . " I i . i I The meeting recessed from 7:59 to 8: 16 p.m. Tom Horne, Chair of the MAB, stated the MAB recommends their board review multi-family and commercial dock applications. He said, while the board does not feel that it should be involved in the review of single family residential applications, it has not had the time to finish review of the proposed regulations and will meet again on these issues. Seven persons spoke regarding the dock portion of the ordinance. Concerns included: 1) The City should remain a part of the approval process regardless of the County's involvement; 2) requiring higher and broader levels of approval and review of applications including environmental reviews; 3) opposition to a specific application by a business owner on Sand Key; and 4) setbacks for boatlifts for residential properties. In response to a question, Ms. Tarapani said the Commission must decide the level of approvals and involvement regarding local and technical expertise. She said regardless of which body reviews the application, the notice is the same: property owners within 500 feet and neighborhood associations are noticed. Discussion ensued regarding the role and authority of advisory boards. It was felt that further discussion regarding that topic is warranted. Ms. Tarapani said staff is concerned that if the MAB is to review all applications, the MAB meetings must be open public hearings and affected and adjacent property owners notified of the meetings. She also expressed concern that there would be 2 public hearings, one by the MAB and one by the COB, which could potentially create miscommunications, etc. and issues regarding conveyance of information. Ms. Tarapani said staff used the same regulations the City used in the former Code and similar regulations used by other municipalities to develop the dock portion of this ordinance. Standards for navigation, etc. will be incorporated into the ordinance. Staff will provide information to the Commission regarding the County's dock application process. It was requested that the MAB be kept informed of dock applications and be given an opportunity to express their opinions prior to COB meetings. Consensus was for the dock provisions to include City involvement prior to applications going to the County and for the staff to bring forward pros and cons regarding boards other than the COB being involved in that review. Regarding newsracks, additional information was requested regarding private property owners requesting racks on or adjacent to their property. Consensus was that exemptions need to be provided if the racks cannot be seen from the property or if the racks are a large distance from the roadway. Additional information regarding the 100 versus the 300 foot separation is also forthcoming. mcc04aO 1 21 04/05/01 . I ! . . I ! ITEM #83 - Adopt Ord. #6797-01 - Declaring an Emergency Water Shortage; amending Sec. 32.151, repealing Sec. 32.153, amending Sec. 32.154 to provide for fines & fine collection for violation of water use restrictions, repealing Sec. 32.155 (OS) SWFWMD (Southwest Florida Water Management District) issued their final order (SWF 01-14) on March 21,2001, declaring a water shortage emergency for Pinellas, Hillsborough, and Pasco counties. As a result, the City will increase water restriction enforcement efforts. Currently, citations are issued to water violators if a violation reoccurs after an initial warning. A lengthy process through the Pinellas County court system is then followed in order to collect fines resulting from these citations. The following alternative method of enforcement is recommended. A code enforcement or police officer will still issue a warning for a first violation of the water restrictions. Upon subsequent violations, the property owner shall be fined $100 for each occurrence. The fines will be billed to the violators by Clearwater Customer Service. This fine billing process shall not preclude an alternative citation in County Court or to the Municipal Code Enforcement Board. This ordinance shall take effect immediately upon adoption and shall stand repealed on November 30, 2001, or upon repeal of SWF 01-14, whichever occurs first. One person spoke in favor of the City being more proactive in water conservation programs. In response to a question, Mr. Kronschnabl said staff conducts educational water conservation programs in area schools but could increase those efforts. Commissioner Hart moved to declare an emergency water shortage and change the fine structure. The motion was duly seconded and carried unanimously. The City Attorney presented emergency Ordinance #6797-01 for first and final reading and read it by title only. Commissioner Gray moved to pass Ordinance #6797-01 on first 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 #84 - Aqreement with FOOT to relocate natural gas mains during improvement project SR60 / Memorial Causeway Bridge Replacement, est. $21,091; Res. #01-10 - approving execution of agreement (SBS) FOOT has a project to replace the Memorial Causeway Bridge (SR60) including roadway, sidewalk, other improvements, and utilities to include those existing CGS (Clearwater Gas System) facilities which conflict with the design. mcc04aO 1 22 04/05/01 . I . I ! I . I Under the JPA (Joint Project Agreement), the FDOT general contractor will perform the relocation of existing natural gas mains. Having the FDOT general contractor install them allows for work to be done in a timely manner and releases CGS from penalty payments. This is a portion of an overall $313,500 (estimated) project to relocate all gas main facilities for the SR60/Memorial Causeway Bridge Replacement, which also includes engineering and a horizontal directional drill under the intracoastal waterway, as well as facilities on the Bluff. Funding for this agreement is available in Capital Project #31 5- 96374, Pinellas Line Relocation. Commissioner Jonson moved to approve a Joint Project Agreement with the State of Florida's Department of Transportation to relocate natural gas mains during improvement project, FPN: 257093-1-56-02/WPI No. 7117181 /SPN: 15220-3599/Pinellas County, SR60/Memorial Causeway Bridge Replacement, at an estimated cost of $21,091. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-10 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #01-10, and authorized 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 #85 - Approve co-sponsorship & waiver of City fees for Fiscal Year 2001-2002 special events including: annual city events (Uno Festival, Folk Arts Festival/Under the Oaks, Holiday Sights & Sounds, Fun-'N-Sun Festival, Memorial Weekend Celebration, Fourth of July) and city co-sponsored events (Saturday in the City, Jazz Holiday, Times Turkey Trot, Martin Luther King Jr. Parade, Charlie Daniels Concert, Sunsets Summer Beachfest, North Greenwood Mayfest), at est. $363,820 ($92,220 cash contributions & $271,600 in-kind contributions); approve Jazz Holidav additional request of $25,000 for headline entertainment at 2001 program (PR) Commission policy regarding special events states: "AII fees and related charges will be waived for City-sponsored or co-sponsored events; i.e., Fun 'n Sun, Jazz holiday, July 4, Turkey Trot and Martin Luther King Jr. Parade. There shall be an annual review of City-sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and waiver of fees for these events approved in the budget will be brought for Commission approval at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, Commission approval will be needed before said additional funds are dispersed." mcc04aO 1 23 04/05/01 r . I i . . I A chart is available showing cash and in-kind contributions requested to be included in FY 2001/02 budget for City and co-sponsored special events. These requests reflect an increase of 46,270 (1.9%) above FY 2000/01. The total cash contribution is $4,500 lower than FY 2000/01. This request includes an additional $5,000 for Clearwater Celebrates America, $2,500 for the North Greenwood Mayfest, and a reduction of $12,000 from a special events grant program which funded $6,200 for Uno Festival; $2,500 for Folk Arts Festival, and $3,300 for Sunsets at Pier 60 Caribbean Christmas. (These events did not request cash funding for FY 2001/02). The cash contributions totaling $92,200 and the in- kind services totaling $271,600 will be funded in the City Manager's 2001/02 Recommended General Fund operating budget. "In-kind contributions" increased by $11,220 to reflect accurate costs associated with the events. "In-kind contributions" are included in operating budgets under various departments. The Special Events Committee ranked the new funding requests in the following order: 1) Clearwater Celebrates American $5,000; 2) North Greenwood Mayfest $2,500; 3) Sunsets Summer Beachfest $10,000; and 4) Jazz Holiday $25,000. The Special Events Committee recommends approval of Clearwater Celebrates America and the North Greenwood Mayfest requests; and denial of the Sunsets Summer Beachfest and Jazz Holiday requests for additional cash support. Mr. Dunbar said the Jazz Holiday group has requested to defer their requested for $25,000 in funding and would like to bring the request back to the Commission at a later date. It was remarked that if the Jazz Holiday group wishes to request funds, they should make a quick decision to ensure they City has funds available. Mr. Dunbar said they had some interest from other parties who may offer to provide them with funding. Commissioner Hamilton moved to approve co-sponsorship & waiver of City fees for Fiscal Year 2001-2002 special events including: annual city events (Uno Festival, Folk Arts Festival/Under the Oaks, Holiday Sights & Sounds, Fun-'N-Sun Festival, Memorial Weekend Celebration, Fourth of July) and City co-sponsored events (Saturday in the City, Jazz Holiday, Times Turkey Trot, Martin Luther King Jr. Parade, Charlie Daniels Concert, Sunsets Summer Beachfest, North Greenwood Mayfest), at est. $363,820 ($92,220 cash contributions & $271,600 in-kind contributions). The motion was duly seconded and carried unanimously. ITEM #86 - First Readina Ord. #6763-01 - amending City's Recreation and Open Space Land Dedication Ordinance; amending Ch. 54 re impact fees (PR) The Recreation and Open Space land Dedication Ordinance was first adopted in 1983 in order to meet goals and objectives outlined in the City of Clearwater Comprehensive Plan relating to open space and recreation needs in the City. mcc04aO 1 24 04/05/01 . I . I I I ! ! . This ordinance has proved to be very successful in meeting these needs and has provided over $5.25 million in land fees and $2.14 million in recreation impact fees. The basic structure and rationale for this ordinance was based largely upon a Recreation and Open Space Study prepared in June 1983 and remains solid. However, conditions have changed since 1983, including the cost to construct recreation facilities, the extent of development and redevelopment in the City, and the adoption of the new Community Development Code, such that some changes are recommended. Some of the more significant changes created by the Development Code include the following: 1) New downtown area designation; 2) residential definition clarification; 3) site plan approvals are no longer certified thus causing a need to clarify timing of payments; and 4) Community Development Board authority changed to approve and deny plans thus creating need to calculate and pay fees in a different manner. Some of the other major components of this amendment include: 1) Update language to provide clarification of redevelopment to meet original intent of the ordinance, 2) add language to clarify expansions increasing floor area by 100% or more to pay 4% Open Space Fee. Currently, expansions of greater than 50% or more pay 2% Open Space Fee without limit. This ordinance will become effective upon adoption. Any applications pending on the effective date will be allowed to pay fees under the existing ordinance until July 23, 2001. Based upon discussion at Monday's Work Session, a proposal to increase the Impact fee has been withdrawn. Upon completion of the Parks and Recreation Master Plan and the City of Clearwater Comprehensive Plan Updates, staff will conduct a more complete study and evaluation to determine if a new method or process is needed in regard to the collection of Open Space and Recreation Impact Fees. Commissioner Jonson moved to amend the City of Clearwater's Recreation and Open Space Land Dedication Ordnance. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6763-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6763-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc04a01 25 04/05/01 ,. I , . I ! . ITEM #87 - Contract for Gulf Blvd. LandscaDe ImDrovements - Phase 1 to Florida's Finest Landscape Services, Inc., for $97,536.72 (PW) The Commission approved an expenditure of $15,000 on April 6, 2000, as preliminary funding for proposed landscape improvements on Sand Key. Pinellas County's contractor utilized these funds to install irrigation and electrical sleeves to the median sites, while the road was being constructed. The Commission approved an expenditure of an additional $93,600 from Recreation Facility Impact Fees on February 15, 2001, for proposed landscape improvements to Gulf Boulevard on Sand Key. This contract is intended to provide all labor, materials, equipment, supervision, maintenance of traffic, and other services necessary to install landscaping, low voltage lighting, and irrigation to the new medians on Gulf Boulevard, and the Welcome to Clearwater Sign location on Gulf Boulevard. This project includes a one-year grounds maintenance contract to provide care to the medians. Work on Phase 1 will commence upon award and execution of the contract and will be completed in 90 days. Commissioner Gray moved to award a contract for the Gulf Boulevard Landscape Improvements Phase I (00-0010-EN) to Florida's Finest Landscape Services, Inc., of St. Petersburg, Florida for the sum of $97,536.72 (which is the lowest responsible bid received in accordance with the plans and specifications) and that the appropriate officers be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #88 - Utilitv Work bv hiqhwav contractor Aqreement with FDOT for relocation of existing potable water, reclaimed water & sanitary sewer facilities impacted by FDOT Memorial Causeway Bridge Replacement Project, est. $550,965; Res. #01-11 - authorizing agreement (PW) The City, in conjunction with FDOT (Florida Department of Transportation), has designed the Memorial Causeway Bridge Replacement Project. The proposed project will replace the existing bascule bridge with a fixed span bridge. Construction is currently scheduled to begin in November 2001, and will be complete in approximately 24 months. This bridge replacement project will necessitate the relocation or adjustment of the City's potable water, reclaimed water, and sanitary sewer mains and appurtenances within the project limits. The City's Engineering Department has coordinated the design for these utility accommodations with FDOT representatives. FDOT will receive bids for the combined bridge replacement and utility relocation work and make award of bid to the low bidder. mcc04aO 1 26 04/05/01 ~ I . , I The amounts included on this agenda item are the engineer's estimate. The exact costs will be determined by the contractor's bid and may vary from this amount. The project will be competitively bid by FOOT. The breakout of the engineer's estimate is as follows: 1) Potable water, expense code #315-96742-563800-533-000, for $125,695; 2) reclaimed water, expense code #315-96739-563800-533-000, for $130,525; and 3) sanitary sewer, expense code #31 5-96634-563800-535-000 for $ 294, 745, for a total of $550,965. Sufficient funding for this agreement is available in each of the projects specified. This is one phase of the required utility relocations associated with the bridge project. Construction contracts will be forthcoming for the other phase encompassing the relocation of utilities under Clearwater Harbor. Commissioner Hamilton moved to approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FOOT) for the relocation of existing potable water, reclaimed water, and sanitary sewer facilities impacted by the FOOT Memorial Causeway Bridge Replacement Project, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-11 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #01-11, and authorized 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 #89 - Environmental Advisorv Board - 1 appointment (elK) Commissioner Gray moved to appoint Sandra Jamieson. The motion was duly seconded and carried unanimously. ITEM #90 - Other Pendinq Matters - None. CITY ATTORNEY REPORTS ITEM #91 - Other City Attorney Items The City Attorney requested permission to opt out of a lawsuit re Bentley vs. City of Tallahassee and file an intervention. Consensus was to so authorize. ITEM #92 - City ManaQer Verbal Reoorts The City Clerk reported on the City's efforts to oppose billboard legislation being considered by the State Legislature. mcc04aO 1 27 04/05/01 , r ~ I I I ! . ~ The Interim City Manager reported he has asked staff to provide the Commission with an analysis of MPO meetings. Consensus was that the City prefers widening of Belcher versus the extension of Keene Road being constructed at six lanes and directed staff to send that message to the MPO. ITEM #93 - Other Commission Action Mayor Aungst thanked everyone for the Neighborhood Day activities. He apologized for missing the Employee Recognition Luncheon. He thanked everyone for sending in positive letters about various City employees. He enjoyed his visit to Tallahassee. Commissioner Gray said she enjoyed Neighborhood Day. She complimented Julie Gomez and Fred Hinson regarding their efforts for Neighborhood Day and all other activities they coordinate. She congratulated the Employee of the Year, Birgitt Dowd and the Team of the Year, Roads and Drainage. She appreciated going to Tallahassee and advocating on behalf of the City. Commissioner Jonson said he attended the Employee Recognition Luncheon. He thanked all the employees for their efforts. He encouraged everyone to properly dispose of cigarettes and trash. Commissioner Hamilton said he attended the Employee Recognition Luncheon and highly recommends it become an annual event. He said the Neighborhood Day on Saturday was tremendous. He encouraged everyone to attend Saturday night's opening day game for the Phillies. ITEM #94 - Adjournment The meeting adjourned at 9:57 p.m. ~~ ATTEST: ONl!k.'~'~ mcc04aO 1 28 04/05/01