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05/17/2001 . CITY COMMISSION MEETING CITY OF CLEARWATER May 17, 2001 Present: Brian J. Aungst Ed Hart Whitney Gray Hoyt P. Hamilton William C. Jonson Mayor/Commissioner Vice-Mayor /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 6:01 p.m. at City Hall. The invocation was offered by Vice-Mayor Hart. 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 a) Proclamation: Safe Boating Week - 5/19-25/01 b) Proclamation: Upper Pinellas Business Week - 6/3-9/01 ITEM #5 - Presentations a) Safety Harbor Commissioner Keith Zayac - recognize Clearwater for support of 1 st Lydick Family Tennis Benefit for children's brain cancer to be held 6/2/01 Commissioner Zayac was not present, therefore the presentation was not given. b) Award to Main Library Youth Advisory Committee Library Director John Szabo introduced the Main Library Youth Advisory Committee. Over the last 3 years, the Committee has hosted various activities for teens including dances, etc. Saturday, they are hosting the third annual teen battle of the bands at Pier 60. They recently received the Betty Davis Miller service award. . mcc05b01 1 05/17/01 . ITEM #6 - Approval of Minutes It was noted that the City Clerk had provided the Commission with some changes to Item #77. Commissioner Hamilton moved to approve the minutes of the regular meeting of May 3, 2001, as corrected by the City Clerk. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Aoenda Jeff Jacobson said Mary DeMoss of the Foundation for Religious Tolerance misrepresented her organization, as it is actually part of Scientology. He said he was denied the opportunity to buy a brick in Gaslight Alley and expressed concern regarding Citizens for a Better Clearwater's actions. Julie Lewis said the allegation that Commission members were excluded for the Library Foundation event due to pressure exerted on them is untrue. She said the Foundation is concerned that if all Commission members attend a meeting, it would be considered a public meeting. Mercedes Walker Dickenson said the Library Foundation is autonomous from the City and would do nothing close to what was stated in the newspaper. She said the Tuesday meeting was part of the Foundation's leadership campaign initiation. Early Sorenson expressed his viewpoint regarding how the law pertains to City government and constitutional rights. He encouraged the Commission to keep up the good work of representing the people. Thanh Nguyen said the Planning Department staff has been playing a power game at his property by conniving against him and abusing the Community Development Code. He said he had cooperated with the City by giving away a parking space to install landscaping and now the Planning Department says he does not comply with Code. Charles Shank suggested the utility taxes on reclaimed water be added to the price of the water to reflect its true price. He said the quality of reclaimed water is bad and is not properly chlorinated. He requested Commission Hart correct the problems he has with the PSTA buses and the Jolley Trolley passing his house 84 times a day. . mcc05bO 1 2 05/17/01 . . . PUBLIC HEARINGS ITEM #8 - Public Hearino & First Readino Ord. #6800-01 - Vacating 3' utility easement lying along rear property lines of lots 5-10, Acker's Sub., a/k/a 2700 Block of McMullen Booth Road (Vogel, V200 1-11 )(PW) The applicant proposes to build an office building on the subject property. 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. Public Works Administration has no objections to the vacation request. Commissioner Hamilton moved to approve the applicants' request to vacate the 3 foot utility easement lying along the rear property lines of lots 5 through 10, inclusive of Acker's Subdivision (AKA 2700 Block of McMullen Booth Road). The motion was duly seconded and carried unanimously. The City Attorney presented ordinance #6800-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6800-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM # 9 - Public Hearino - Declare surplus a portion of SW'V4 of NW'V4 of Sec. 8-29-16, described as Parcel 804.01, and a portion of NE'V4 of Sec. 7-29-16, described as Parcel 806.01; Res. #01-12 - authorizing grant of perpetual easement therein to FOOT for ingress, egress, maintenance or any other purpose consistent with said rights (PW) FOOT is preparing plans to construct and widen US Highway 19, a/k/a/ State Road 55, from south of Coachman Road to north of Sunset Point Road. US 19 bisects City- owned park lands lying adjacent to the northerly right-of-way of the CSX railroad on both the east and west sides of the highway between Orew Street and Coachman Road. Moccasin lake Nature Park abuts US 19 on the east, and Townplace Park abuts the west alignment of the highway. To facilitate project construction and maintenance, FOOT has requested perpetual easement across a 7.87 X 232.20 foot (1,828 square feet) strip of Moccasin lake Nature Park (Parcel 804.01) lying parallel and adjacent to the east right-of-way line of US19, and a 7.87 X 543.79 foot (4,282 square feet) portion of Townplace Park (Parcel 806.01) lying parallel and adjacent to the west right-of-way line of US 19. The easement grants would provide FOOT authority of ingress, egress, maintenance, or any other purpose consistent with said rights, over the easement premises. The City would retain all other rights of ownership not in conflict with the rights granted to FOOT. Proposed easement documentation requires that FOOT restore adjacent City-owned lands any time its use of the easement premises may damage such adjacent property. mcc05b01 3 05/17/01 . . . The widening project is believed to serve a valid public purpose. No appraisals of the easement rights were performed because it is believed the values would be nominal. Declaring the subject parcels surplus and granting easement therein to FOOT complies with Section 2.01 (d)(5)(viii) of the City Charter that authorizes the transfer of surplus property to another governmental entity for less than appraised value after an advertised public hearing has been held, and a finding by the Commission of a valid public purpose for the transfer. Commissioner Jonson moved to declare as surplus a portion of the Southwest ~ of the Northwest ~ of Section 8, Township 29 South, Range 16 East more particularly described as Parcel 804.01, and a portion of the Northeast ~ of Section 7, Township 29 South, Range 16 East more particularly described as Parcel 806.01, per FOOT (Florida Department of Transportation) right-of-way mapping, Section 15150-2580, State Road 55 (US 19) widening project. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-12 for first reading and read it by title only. Commissioner Gray moved to pass Resolution #01-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #10- (Cont. from 4/19 & 5/3/01) Public Hearino & First ReadinQ Ord. #6782-01 - Vacating 10' drainage & utility easement lying along a line 660' east of the west property line of M&B 41.05, Sec. 5-29-16, less S10' (School Board of Pinellas County, V2001- 07)(PW) To be Cont. to 6/7/01 Commissioner Hamilton moved to continue Item #10 to the June 7, 2001, Commission meeting. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearino & First Readino Ords. #6648-01, #6649-01 & #6650-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Estate & LOR Zoning, 2301 Campbell Rd., Sec. 6-29-16, M&B 34.01 & 34.011 (Judith N. Coachman, Paul A. & Carolyn L. Young)(PLD) Based on the July 2, 1981, AT A ( Agreement to Annex), the previous owners of these 2 properties entered into an agreement with the City to annex these properties in order to receive water service from the City. The terms and provisions of that agreement are binding upon the previous owners, their successors, assigns, or any subsequent owners of these properties. At that time, these properties were located outside the municipal boundaries of the City and did not meet the adjacency requirements for voluntary annexations. These properties are now contiguous with the City's boundaries. The ATA required the City to provide 60 days written notice of its intent to annex each of these properties. This notice was mailed to the current property owner(s) on October 6, 2000, and the notice expired on December 5, 2000. mcc05b01 4 05/17/01 . . . Since the execution of the agreement in 1981, the ownership of these parcels has changed. The large parcel (Metes and Bounds 34-01) is currently owned by Judith N. Coachman while the smaller corner parcel (Metes and Bounds 34-011) is owned by Paul A. Young and Carolyn L. Young. The smaller corner parcel is developed with a single-family residential estate home while the larger parcel is vacant. The combined area is approximately 3.65 acres. The City is now initiating this annexation request in order to bring these properties into its jurisdiction in compliance with the terms and conditions established in those AT A agreements of July 2, 1981. The City has been providing water service to these properties pursuant to the agreement to annex and adequate capacity exists to serve the proposed annexation. The Planning Department determined the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not adversely impact 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 has been reviewed by the Pinellas Planning Council staff according to the provisions of the County Ordinance #00-63, Section 7(1-3), and no objections have been received from this office. The Planning Department determined the proposed land use plan amendment and rezoning applications associated with these properties are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning applications 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 these properties; and 4) the applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. The Community Development Board reviewed these applications at their public hearing meeting of April 17, 2001, and unanimously recommended approval. Commissioner Gray moved to approve the annexation of AT A properties, land Use Plan and Zoning Atlas Amendments from the existing County Residential Estate to City land Use Plan Residential Estate and Zoning Atlas Amendment from County Estate Residential (E-1) District to City low Density Residential (lDR) District for 2301 Campbell Road (Metes and Bounds 34-01 and 34-011 in Section 06, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. mcc05b01 5 05/17/01 . . . The City Attorney presented Ordinance #6648-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6648-01 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 #6649-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6649-01 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 #6650-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6650-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #12 - Public Hearinq & First Readina Ords. #6784-01, #6785-01 & #6786-01 - Annexation (& redefining boundary lines of City to include said addition), land Use Plan Amendment to Residential Urban & lMDR Zoning, 1601 Druid Rd., Sec. 14-29-15, M&B 43.12 & 43.16 (Charles Hammrick, Dorothy E. Hammrick, Richard L. Kamensky and Elizabeth Plecker)(PlD) This site is located at 1601 Druid Road on the east side of lake Avenue, approximately 290 feet south of Druid Road. The purpose of the annexation is to enable the applicants to receive City water and sewer service. The subject parcels are utilized for lumbers and trusses manufacturing. Upon the annexation, the applicants propose to construct 32 units of townhouses at this site. The site is approximately 3.178 acres. This annexation also will eliminate an existing enclave in the area. The ability to develop the site with attached dwellings (townhouse style) requires site plan review by the COB (Community Development Board) as a Residential Infill Project. The COB approved the site plan as a Residential Infill Project at their April 17, 2001, meeting contingent upon Commission approval of the annexation, plan amendment, and rezoning. The properties' owners are aware of the need and costs to extend the sanitary sewer line to their properties. The Planning Department determined the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not adversely impact public facilities and their level of service; 2) the proposed annexation is consistent with the City's Comprehensive Plan, the Countywide mcc05b01 6 05/17/01 . . . 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. 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 objections have been received from that office. 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 applications 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 these properties; and 4) the applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. The Community Development Board reviewed these applications at their public hearing meeting of April 17, 2001, and unanimously recommended approval of all 3 applications. It was noted ownership documentation is forthcoming. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban to City Residential Urban and Zoning Atlas Amendment from County Zoning Manufacturing and Industrial District (M-2) to City Low Medium Density Residential (LMDR) Zoning District for 1601 Druid Road (Metes and Bounds 43-1 2 & 43-16 in Section 14, Township 29 South, Range 1 5 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6784-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6784-01 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 #6785-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6785-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. mcc05b01 7 05/17/01 . The City Attorney presented Ordinance #6786-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6786-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM # 13 - Public Hearino & First Readino Ords. #6789-01, #6790-01 & #6791-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1972 E. Skyline Dr., Skyline Groves, Lot 66 (Craig & Lisa JohnsonHPLD) This site is located at 1972 East Skyline Drive, on the west side of East Skyline Drive, approximately 160 feet south of Hyvue Drive. The purpose of the annexation is to enable the applicants to receive City sewer service. The current use of the property is single family residential and the site is approximately 0.18 acres. The property will be served by the City's sanitary sewer service. The property owners are aware of the need and costs to extend the sanitary sewer line to their property. . The Planning Department determined the proposed annexation is consistent with the following standards specified in the Community Development Code: The Planning Department determined the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not adversely impact 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. 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 objections have been received from that office. 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 applications 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 these properties; and 4) the applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. . mcc05b01 8 05/17/01 . The Community Development Board reviewed these applications at their public hearing meeting of April 17, 2001, and unanimously recommended approval. Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1972 East Skyline Drive (Lot 66, Skyline Groves in Section 06, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6789-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6789-01 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 #6790-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6790-01 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 #6791-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6791-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM # 14 - Public HearinCl & First ReadinCl Ords. #6787-01 & #6788-01 - Land Use Plan Amendment to Residential/Office General & Office Zoning, 812 Pinellas St., Milton Park Sub., Blk 10, Lot 13 & S % vacated alley adjoining on north (Thompson Executive Center Partnership Number Two)(PLD) The site is located on the north side of Pinellas Street, approximately 100 feet east of South Myrtle Avenue. The purpose of the land use plan amendment and rezoning is to allow office redevelopment on a vacant parcel. The current use of the property is a shell rock parking lot and the site is approximately 0.17 acres. The proposed office development requires the site plan be reviewed by the CDB as a Comprehensive Infill Project. The CDB approved the site plan at their April 17, 2001, meeting, contingent upon Commission approval of this plan amendment and rezoning. . mcc05b01 9 05/17/01 . . . 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 applications 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 these properties; 4) the applications will not have an adverse impact on the natural environment; and 5) the proposed land use plan amendment and rezoning represent a logical extension of the boundaries and will not result in "spot zoning" . The site is less than 1 acre and is considered a Type A threshold land use plan amendment. The Countywide Rules require official submission to the PPC for the land use plan amendment. The COB reviewed this application at their April 17, 20001, meeting and recommended approval of both applications. Commissioner Hart moved to approve a Land Use Plan Amendment from Residential Urban (RU) to Residential/Office General (R/OG), and a Zoning Atlas Amendment from Low Medium Density Residential (LMDR) District to Office (0) District (Lot 13 and South of Y2 of vacated alley adjoining on the North, Block 10, Milton Park subdivision in Section 21, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6787-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6787-01 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 #6788-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6788-01 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. #6631-00 - Annexation (& redefining boundary lines of City to include said addition), 107 & 111 McMullen Booth Rd, Sec. 16-29-16, M&B 21.04 & 21.05 (Thomas Kelly & Michael A. Ciaramello) The Mayor presented Ordinance #6631-00 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6631-00 on second reading. The motion was duly seconded and upon roll call, the vote was: mcc05bO 1 10 05/17/01 . . . "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #16 - Ord. #6632-00 - Land Use Plan Amendment to Residential/Office Limited, 107 & 111 McMullen Booth Rd, Sec. 16-29-16, M&B 21.04 & 21.05 (Thomas Kelly & Michael A. Ciaramello) The Mayor presented Ordinance #6632-00 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6632-00 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #17 - Ord. #6633-00 - Office Zoning, 107 & 111 McMullen Booth Rd, Sec. 16-29- 16, M&B 21.04 & 21.05 (Thomas Kelly & Michael A. Ciaramello) The Mayor presented Ordinance #6633-00 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6633-00 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #18 - (Cont. from 4/5/01) 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) The Mayor presented Ordinance #6732-01 for second reading and read it by title only. Commissioner Hart moved to pass Ordinance #6732-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Absent: Hart, Hamilton, Jonson, and Aungst. None. Gray. ITEM #19 - (Cont. from 4/5/01) Ord. #6733-01 - Land Use Plan Amendment to Residential Low, 1513 Owen Dr., Sec. 8-29-16, M&B 22.06 (Jason & Angela Thacker) The Mayor presented Ordinance #6733-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6733-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Absent: Hart, Hamilton, Jonson, and Aungst. None. Gray. mcc05bO 1 11 05/17/01 . . . ITEM #20 - (Cont. from 4/5/01) Ord. #6734-01 - LMDR Zoning, 1513 Owen Dr., Sec. 8- 29-16, M&B 22.06 (Jason & Angela Thacker) The Mayor presented Ordinance #6734-01 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6734-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #21 - (Cont. from 4/5/01) Ord. #6735-01 - Annexation (& redefining boundary lines of City to include said addition), 2839 St. John Dr., Virginia Groves Terrace 5th Add., Blk 0, Lot 12 (Whetsel & Nina Williamson) The Mayor presented Ordinance #6735-01 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6735-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #22 - (Cont. from 4/5/01) Ord. #6736-01 - Land Use Plan Amendment to Residential Low, 2839 St. John Dr., Virginia Groves Terrace 5th Add., Blk 0, Lot 12 (Whetsel & Nina Williamson) The Mayor presented Ordinance #6736-01 for second reading and read it by title only. Commissioner Hart moved to pass Ordinance #6736-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #23 - (Cont. from 4/5/01) Ord. #6737-01 - LMDR Zoning, 2839 St. John Dr., Virginia Groves Terrace 5th Add., Blk 0, Lot 12 (Whetsel & Nina Williamson) The Mayor presented Ordinance #6737-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6737-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc05b01 12 05/17/01 . . . ITEM #24 - (Cont. from 4/5/01) Ord. #6738-01 - Annexation (& redefining boundary lines of City to include said addition), 1234 Bell Dr., Canterbury Heights, Lot 13 (Yvette Lakis) The Mayor presented Ordinance #6738-01 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6738-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Jonson, and Aungst. "Nays": None. Absent: Hamilton. ITEM #25 - (Cont. from 4/5/01) Ord. #6739-01 - Land Use Plan Amendment to Residential Urban, 1234 Bell Dr., Canterbury Heights, Lot 13 (Yvette Lakis) The Mayor presented Ordinance #6739-01 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6739-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #26 - (Cont. from 4/5/01) Ord. #6740-01 - LMDR Zoning, 1234 Bell Dr., Canterbury Heights, Lot 13 (Yvette Lakis) The Mayor presented Ordinance #6740-01 for second reading and read it by title only. Commissioner Hart moved to pass Ordinance #6740-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #27 - (Cont. from 4/5/01) 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) The Mayor presented Ordinance #6741-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6741-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc05b01 13 05/17/01 . . . ITEM #28 - (Cont. from 4/5/01) Ord. #6742-01 - Land Use Plan Amendment to Residential Urban, 2175 NE Coachman Rd., Mosell Acres Sub., part of Lot 8 (Suncoast Christian School) The Mayor presented Ordinance #6742-01 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6742-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #29 - (Cont. from 4/5/01) Ord. #6743-01 - LMDR Zoning, 2175 NE Coachman Rd., Mosell Acres Sub., part of Lot 8 (Suncoast Christian School) The Mayor presented Ordinance #6743-01 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6743-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #30 - (Cont. from 4/5/01) 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 % of Lot 1 5 (Roger & Mary Spencer) The Mayor presented Ordinance #6744-01 for second reading and read it by title only. Commissioner Hart moved to pass Ordinance #6744-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #31 - (Cont. from 4/5/01) Ord. #6745-01 - Land Use Plan Amendment to Residential Low, 1919 Old Coachman Rd., Sunset Point Estates, Blk A, Lot 14 & N % of Lot 1 5 (Roger & Mary Spencer) The Mayor presented Ordinance #6745-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6745-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc05bO 1 14 05/17/01 . ITEM #32 - (Cont. from 4/5/01) Ord. #6746-01 - LMDR Zoning, 1919 Old Coachman Rd., Sunset Point Estates, Blk A, Lot 14 & N % of Lot 15 (Roger & Mary Spencer) The Mayor presented Ordinance #6746-01 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6746-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #33 - (Cont. from 4/5/01) 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) The Mayor presented Ordinance #6747-01 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6747-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #34 - (Cont. from 4/5/01) Ord. #6748-01 - Land Use Plan Amendment to Commercial . General, 22995 US 19N, Sec. 8-29-16, M&B 22.05 (Sidney Savelle, TRE) The Mayor presented Ordinance #6748-01 for second reading and read it by title only. Commissioner Hart moved to pass Ordinance #6748-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #35 - (Cont. from 4/5/01) Ord. #6749-01 - Commercial Zoning, 22995 US 19N, Sec. 8-29-16, M&B 22.05 (Sidney Savelle, TRE) The Mayor presented Ordinance #6749-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6749-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. . mcc05b01 15 05/17/01 . . ITEM #36 - (Cont. from 4/5/01) 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.) The Mayor presented Ordinance #6750-01 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6750-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #37 - (Cont. from 4/5/01) 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.) The Mayor presented Ordinance #6751-01 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6751-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #39 - (Cont. from 4/5/01) 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) The Mayor presented Ordinance #6753-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6753-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc05b01 16 05/17/01 . . . ITEM #40 - (Cont. from 4/5/01) 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) The Mayor presented Ordinance #6754-01 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6754-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #41 - (Cont. from 4/5/01) Ord. #6755-01 - LMDR Zoning, 2824 St. John Dr., Virginia Groves Terrace Fifth Add., Blk B, Lot 2 (Mariam Johnson) The Mayor presented Ordinance #6755-01 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6755-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #42 - (Cont. from 4/5/01) 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) The Mayor presented Ordinance #6756-01 for second reading and read it by title only. Commissioner Hart moved to pass Ordinance #6756-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #43 - (Cont. from 4/5/01) Ord. #6757-01 - Land Use Plan Amendment to Residential Low, 2841 SR590, Spring Lake Estates, Lots 3 & 3A (Ben & Helen Elliott, TRE) The Mayor presented Ordinance #6757-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6757-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc05b01 17 05/17/01 . . . ITEM #44 - (Cont. from 4/5/01) Ord. #6758-01 - LMDR Zoning, 2841 SR590, Spring Lake Estates, Lots 3 & 3A (Ben & Helen Elliott, TRE) The Mayor presented Ordinance #6758-01 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6758-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #45 - (Cont. from 4/5/01) 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.) The Mayor presented Ordinance #6759-01 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6759-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #46 - (Cont. from 4/5/01) Ord. #6760-01 - Land Use Plan Amendment to Industrial Limited, 2060 Calumet St., Clearwater Industrial Park, part of Lot 9 (Florida Graphics Supply, Inc.) The Mayor presented Ordinance #6760-01 for second reading and read it by title only. Commissioner Hart moved to pass Ordinance #6760-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #47 - (Cont. from 4/5/01) Ord. #6761-01 - IRT Zoning, 2060 Calumet St., Clearwater Industrial Park, part of Lot 9 (Florida Graphics Supply, Inc.) The Mayor presented Ordinance #6761-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6761-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. mcc05b01 18 05/17/01 . . . ITEM #48 - (Cont. from 5/3/01) Ord. #6764-01 - Land Use Plan Amendment to Resort Facilities High, 1919 Edgewater Dr./Sunset Point Rd., Sunset Point Sub., Lots 6 & 7 and W15' of Lot 8 (Bay View Hotel, Inc.) The City Attorney presented Ordinance #6764-01 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6764-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. It was reiterated that commercial development should not extend further in this area. ITEM #49 - (Cont. from 5/3/01) Ord. #6765-01 - Tourist Zoning, 1919 Edgewater Dr./Sunset Point Rd., Sunset Point Sub., Lots 6 & 7 and W15' of Lot 8 (Bay View Hotel, Inc.) Comments regarding no additional commercial development in this area were repeated. The City Attorney presented Ordinance #6765-01 for second reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6765-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #50 - Ord. #6793-01 - Vacating westerly 5' of 10' drainage & utility easement lying along east property line of Lot 15, Blk C, Northwood Estates Sub., Tract C, less south 5' thereof, a/k/a 3056 Diamond Head Drive East (Dunton, V2001-10) The City Attorney presented Ordinance #6793-01 for second reading and read it by title only. Commissioner Gray moved to pass Ordinance #6793-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #51 - Ord. #6799-01 - regulating late night & all night dance halls The City Attorney presented Ordinance #6799-01 for second reading and read it by title only. Commissioner Hart moved to pass Ordinance #6799-01 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. mcc05b01 19 05/17/01 . ITEM #52 - Ord. #6802-01 - Amending Ord. #6352-99 authorizing Infrastructure Sales Tax Revenue Bonds Commissioner Jonson moved to amend Ordinance #6802-01 as follows: 1) On page 1, add a new Section 3 to the ordinance to read as follows: Section 3. AMENDING ORDINANCE 6352-99. Section 201GH2) of Ordinance 6352-99 is hereby amended to read as follows: (2) Upon recommendations of the Finance Director and to the extent adopted in a subsequent resolution of the Issuer. if there is an estimated increase in Sales Tax Revenues to be received by the Issuer as a result of a chanQe in law to provide for additional Sales Tax Revenues to be distributed to the Issuer or an amendment to the Interlocal Aareements increasina the amount of Sales Tax Revenues to be distributed to the Issuer. then the Sales Tax Revenues portion of PledQed Revenues certified pursuant to paraQraph 11b) of this Section shall be increased by the averaQe annual additional Sales Tax Revenues to be distributed as if such excess Sales Tax Revenues were in fact distributed durinQ the applicable twelve month period.: and 2) Renumber remaining sections of the ordinance. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6802-01 as amended for second reading and read it by title only. Commissioner Gray moved to adopt Ordinance #6802-01 as amended on second reading. The motion was duly seconded and upon roll call, the vote was: . "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. CITY MANAGER REPORTS CONSENT AGENDA (Items #53-58) - 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 #53 - Approval of Purchases per Purchasinq Memorandum: 1) Anderson Safe & Lock Co., one Secure Perfect System upgrade of hardware & software, connects all sub-stations to main station network, $29,054.90; financing to be provided under City's Master Lease-Purchase Agreement (PO) 2) Skypainter Fireworks Int., 2nd & Final renewal, fireworks displays, $50,000 (PR) 3) Container Systems & Equipment Company, Inc., one recycling body, to be installed on item #4, $52,981 (SW) . mcc05bO 1 20 05/17/01 . . . 4) International Truck & Engine Corporation, replacement, one 2001 International 4700 cab & chassis, $47,175 (GS) 5) Angelo's Recycled Materials, disposal of yard waste & construction materials, 7/21/01- 9/30/01, est. $550,000 ($100,000 increase to contract awarded on 7/20/00) (SW) 6) Ridin Pipeline Services Inc., sanitary sewer pipeline inspection, testing & repair, 5/18/01- 8/14/01, est. $250,000 (EN) 7) Doctor's Walk In Clinic, medical examinations, 6/1/01-5/31/02, est. $35,000 (FD) 8) APAC-Alabama, Inc., slag cold mix asphalt, 5/18/01-5/31/04, est. $190,000 (PW) 9) Vopak USA, purate & 78% sulfuric acid chemicals, 5/18/01-5/31/02, est. $50,000 (PU) 10) Oracle Corporation, database software licensing agreement, 6/1/01-5/31/02, increasing existing contract from $50,000 to $165,000; changing current expiration from 9/30/01 to 5/31/02 (IT) 11) McKim & Creed Engineers, chlorine dioxide pilot study at Marshall Street Plant, 5/18/01-5/31/02, related to item #9, est. $73,000 (PU) ITEM #54 - Master License Aoreement with Environmental Systems Research Institute, Inc., for purchase of geographic information systems software, $53,430 (IT) ITEM #55 - Memorandum of Understandino with Pinellas County Board of County Commissioners for sharing of geographic data sets to facilitate continued development of geographic information systems, and establish a mutual commitment to coordination of public service delivery to citizens of Clearwater and Pinellas County (IT) ITEM #56 - Second Amendment to Aoreement with SWFWMD, Pinellas County, & City of Safety Harbor for development & implementation of a Comprehensive Watershed Management Plan for Alligator Creek Watershed, providing for time extension to 7/31/02 & reallocating existing funding (PW) ITEM #57 - Amendment of CIP budaet in the amount of $14,106,800 to recognize current year project additions included in the 2001 utility rate study update (PW) ITEM #58 - Lift Station Conveyance & Maintenance Easement - NE1/4 Sec. 30-29-15 (Moorings of Sand Key)(CA) Commissioner Jonson 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. mcc05b01 21 05/17/01 . . . OTHER ITEMS ON CITY MANAGER REPORT ITEM #59 - Res. #01-16 - Providing for sale of not to exceed $50 million Infrastructure Sales Tax Bonds (FN) Ordinance 6352-99 was adopted on May 6, 1999, which authorized the issuance of Infrastructure Sales Tax (Penny for Pinellas) Revenue Bonds to finance certain improvements within the City. Ordinance 6352-99 is being amended by Ordinance 6801- 01 prior to the adoption of this resolution (to increase debt service coverage requirements from 120% to 125%). Subsequent to the adoption of Ordinance 6352-99, the City held a successful referendum on the Main Library project and successfully validated the Clearwater beach entryway and the Memorial Causeway bridge projects. The City intends to finance these 3 projects with the issuance of one series of bonds to be competitively sold in June 2001. The projects are to be funded in the following amounts from the issuance of bonds: 1) Clearwater beach entryway - $10,000,000; 2) Memorial Causeway Bridge - $22,330,000; and 3) Main Library - $13,250,000. Total construction costs are $45,580,000; estimated cost of issuance is $865,000; and estimated bonds to be issued is $46,445,000. This resolution authorizes the competitive sale of not to exceed $50 million of Infrastructure Sales Tax (Penny for Pinellas) Revenue Bonds, and authorizes the Financial Services Administrator and City Manager to award the sale of the bonds to the best bidder. Only the amount of bonds needed to fund the $45,580,000 construction costs will be issued (currently estimated at $46,445,000). Current market conditions reflect that the rate of interest on these bonds should range from approximately 3.4% for bonds maturing in 2002 to 4.25% for bonds maturing in 2009. This is subject to change based upon market conditions. The annual debt service (principal and interest) on these bonds is anticipated to be approximately $6.9 million. The pledged revenues (Penny for Pinellas) in FY 2000 were $8.3 million, providing coverage of 120% at issuance. Our projections are that revenues will continue to increase with revenues expected to range from $8.6 million in FY 2001 to $13 million in FY 2009, with coverage ranging from 125 % to 188 %. It was suggested the legislative package include a request that at the time the State would have built the bridge that the City be reimbursed. Commissioner Gray moved to provide for the sale of not to exceed $50 million Infrastructure Sales Tax Bonds. The motion was duly seconded and carried unanimously. mcc05b01 22 05/17/01 . . . The City Attorney presented Resolution #01-16 for and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #01-16 and authorized the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #60 - First ReadinQ Ord. #6801-01 - amending Ord. #6695-01 to correct effective dates for increasing domestic, lawn water, & wastewater collection utility rates by 7% each year from 10/1/02, 10/1/03, 10/1/04 & 10/1/05 to 4/1/02, 1/1/03, 10/1/03, & 10/1 /04 (PW) Ordinance 6695-01 was passed on March 1, 2001, increasing domestic, law water and wastewater collection utility rates by 7% effective July 1, 2001, with subsequent 7% increases to become effective July 1, 2002, July 1, 2003, July 1, 2004, and July 1, 2005, respectively. Burton and Associates completed a Water and Sewer rate study update recommending that the rate increases subsequent to July 1, 2001, be effective April 1, 2002, January 1, 2003, October 1, 2003, and October 1, 2004. The Agenda Cover Memorandum for Ordinance 6695-01 also specified the effective date for the subsequent rate increases as were recommended by the Burton and Associates rate study update. The Agenda Item and discussion regarding Ordinance #6695-01 clearly indicated the staggered effective dates for the rate increases. However, the text of the ordinance was incorrect and the error was not noticed. Ordinance #6801-01 simply corrects the error. In response to a question, Public Works Administrator Mashid Arasteh said there is only one year in which the rate increase occurs twice. It was remarked that that particular instance results in more than a 7% effective annual rate increase. Commissioner Hamilton moved to correct an error in the effective dates for increasing domestic, lawn water and wastewater collection utility rates by 7% each year from October 1, 2002, October 1, 2003, October 1, 2004, and October 1, 2005 to April 1, 2002, January 1, 2003, October 1, 2003, and October 1, 2004, respectively. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6801-01 as corrected for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6802-01 as corrected on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. mcc05b01 23 05/17/01 . . . ITEM #61 - Reconsideration of request for Island Estates Neighborhood Conservation Overlay District (PLD) Mr. Stone said the Island Estates Study Committee understands a pending amendment could affect their process. They are requesting that the Commission approve their request for a study committee to continue their process. Two persons spoke regarding the request. They said they hope the Commission will allow the Study Committee to continue their process. One person said he hopes the Commission would require that the Development Code rewrite is complete before the Study Committee's process reaches the point where a vote is required. In response to a question, Mr. Stone said some of the changes suggested by the Commission could be incorporated into the process. It was requested that a copy of the description of the process of the Coachman Ridge overlay district be provided to the Commission. Commissioner Gray moved to approve initiating the Island Estates Neighborhood Conservation Overlay District and approving the Island Estate Study Committee as recommended by the City Manager, and that the Overlay District regulations not be accepted until the Development Code rewrite is completed. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #62 - Kimpton / Markopoulos Project Update (PLD) Bill Kimpton, Kimpton group, said at the request of the Commission and the community, the Kimpton group is working with the Markopoulos group to work out a solution to their concerns. He said his team has spoken at public hearings and held 2 workshops to gain public input regarding the project. He said feedback from those meetings indicate Beach by Design is what they want to see. Gordon Schiff, Markoupoulos representative, said he appreciates staff's time. He said Mr. Markopoulos is attempting to be a part of the resolution and wants the Marriott Project to get started in the context of overall development. He will continue to work with the Kimpton team regarding vista, view corridors, parking, etc. He said he has heard the public input and is aware of the issues raised. Mr. Markopoulos is sensitive to time constraints and hopes both projects will create a enjoyable beach environment. His client has agreed to stay the pending litigation. He said his client hopes to bring back a proposal to the Commission soon. Nine persons spoke regarding the projects, citing: 1) more information is needed regarding projection of property and sales tax revenues as there is a lack of net income projections; 2) concern regarding potential hurricane disaster; 3) alleged Charter violation regarding vacation of South Gulfview; 4) leases being prohibited on the open space mcc05b01 24 05/17/01 . recreation land without a referendum; 5) concern regarding increased traffic and the challenges of getting to and from the beach; 6) support of the proposals; 7) the Parkview will be a timeshare unit building, not a condominium; 8) the beach is in need of change and requires careful planning to affect it in a positive way; and 9) glad Mr. Markopoulos will not hold Beach by Design hostage. Mr. Stone said all the public's concerns are being addressed. All resort operators must have ongoing traffic management programs and shuttle service to and from the airport. A local ordinance is in effect that requires businesses to shut down when a hurricane watch is posted. Beach by Design addresses access management and traffic issues. The public was thanked for its input and the developers for their resolution efforts. It was remarked there has been a lot of confusion regarding the developer plans versus Beach by Design. It was noted future development will require public/private partnerships as the City cannot effect the types of changes needed with the available funds. It was remarked that not all of the 600 units in the bonus pool would be used for one developer. It was suggested that staff consider one-way pairs. It was felt the noise and rowdiness on the beach must be addressed and proper enforcement maintained. It was remarked that 80% of the year, there are no traffic problems. It was felt that the City must move forward with providing parking on the beach. Consensus was that closure of South Gulfview not be considered. . Mr. Stone said staff should be able to establish the status of Gulfview as a curvilinear road within the next few months. The meeting recessed from 8:09 to 8:29 p.m. ITEM #63 - Agreement with Coca-Cola Enterprises Inc. and Tarpon Springs Coca-Cola Bottling Company, for 10-year period commencing 6/1/01 (PR) At the May 18, 2000, Commission meeting, a contract was approved with the Public enterprise Group to act as the City's agent in exploring partnership opportunities. The first of these strategic partnerships was solicited for a soft drink vendor. Proposals and presentations were provided on January 26, 2001. A total of 2 vendors submitted proposals to the City: Florida Coca Cola and the Pepsi Bottling Group. A committee of Don Schulte of the Public Enterprise Group, Kevin Dunbar, Director of Parks and Recreation, and Jay Ravins, assistant Finance Director, evaluated each of the proposals. Based upon this review, the committee unanimously selected Florida Coca Cola. Highlights of their proposal include: 1) Guaranteed annual cash funding of $154,990 during the first 2 years regardless of volume of product sold; 2) Commission rates of 25% - 40% paid to the City; 3) exclusive sales right for all categories as defined in the lease at all City properties, except where current leases exist; 4) vending machine locations designated by the City; 5) equipment, personal management of equipment, custom banners, and marketing exposure on printed truck backs, marketing programs, and hospitality product, at no cost to the city; 6) in order to promote professional behavior of . mcc05b01 25 05/17/01 . . . all City employees, the Human Resources Department will be provided: 50 vending certificates per year per machine in employee areas, four "enter to win" promotions at each employee vend area, a premium item for each employee of the month, and $200 annually towards the team of the quarter program. The estimated value of these programs is $4,750 per year; 7) in the first year of the agreement, $13,500 will be provided to fund a capital improvement determined by the City; 8) co-sponsored league support in the following areas: a) new electronic scoreboards where currently scoreboards are located. The City to own all of these boards at the end of the agreement; b) $1,500 per year in annual product donation to be utilized for co-sponsored league events; c) $250 cash sponsorship to each of the City's co-sponsored leagues (14 leagues for a total of $3,500 annually);and d) additional scoreboards may be requested and will be approved based upon volume potential of the location; and 9) beach vend fronts for all beach area (including all City-owned beach areas on Clearwater beach, Sand Key, Island Estates) and may be personalized with the City's logo at the City's discretion. The estimated 10-year value of the agreement is $1,843,930 - $3,810,580, depending on volume of sales of product. An audited commission/incentive report that provides a compilation of all beverages purchased, as a part of the agreement will be provided annually and attested by a Certified Public Accountant. Currently, the City receives approximately 445,800 per year from vending machine sales. Public Enterprise Group will receive a commission on revenue generated to the City of 12% for cash revenue and 5% for non-cash revenue. This will be paid for the life of each agreement. Mr. Dunbar explained how the 30,000 cases a year were calculated. He said if the City decided to agree upon a 5 year agreement rather than a 10-year agreement, it would lose $30,000 a year in cash. Five people spoke in opposition citing concerns the agreement was in Coke's favor; the possibility of allowing more signs in the City; advertising being placed on City property and vehicles and limiting the public's choice. One person spoke in favor of limiting the agreement to five years. One person spoke in support of the agreement as an alternative to raising taxes. Mr. Dunbar said no City vehicles will advertise Coke. The agreement allows the City to place ads for City events on the backs of Coca-Cola trucks at no charge. No City vehicles will have the Coke logo on it. No other vendors are being restricted within the City because of this agreement. Events sponsored by other companies will be allowed. The agreement does not limit the non-Coke sponsored events to a specific number. City Attorney Pam Akin said this is not a franchise agreement. It gives Coca-Cola the exclusive right to sell their products at City facilities. Mr. Dunbar said no additional Coke signs or banners would be permitted. The banners that would be placed at special events would be for City events. mcc05b01 26 05/17/01 . . . Concern regarding reducing choice and promoting a non-nutritional beverage was expressed. It was felt that this is a great opportunity for the City to receive additional funds for needed projects. It was remarked that the City must conduct itself more as a private business. It was remarked that the City should not be afraid to try cutting edge things, especially when they have been as carefully and thoughtfully considered as this opportunity has been. Commissioner Hamilton moved to approve a strategic alliance and long term partnership agreement between the City and Coca-Cola Enterprises, Inc., and Tarpon Springs Coca-Cola Bottling Company for a 10-year period commencing June 1, 2001, and that the appropriate officials be authorized to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Motion carried. Gray, Hamilton, and Aungst. Hart and Jonson. ITEM #64 - Cooperative Fundina Aareement with SWFWMD to provide funding of project costs of up to $125,000 for replacement of toilets with water-conserving equivalents; approve match of City funds in the amount $125,000 (PW) As part of the City's effort to reduce the demand for potable water, co-funding from SWFWMD (Southwest Florida Water Management District) was sought to provide financial incentives for City water customers to replace existing toilets with water-conserving equivalents. This program mirrors similar efforts in Pinellas County and the regional community with key objectives of educating the public on water conservation, reducing indoor water use by 15 - 20% and encouraging the use of water-conserving devices. This is the first year of an anticipated 4-year effort by the City in cooperation with SWFWMD. City Code requires low-flow toilets for new construction. This program provides a one-time rebate to retail water customers (up to $100 per toilet) for replacing an existing toilet with a 1.6 gallon Ultra-Low Flow Volume (ULV) model. Older model toilets use from 3.5 to 5 gallons of water per flush. The funding for this program (a total of $250,000 with both SWFWMD and City funds) provides for an estimated 1,700 toilet rebates, which would save approximately 57,000 gallons of potable water each day. An accompanying Agenda Item provides for funding of program administration not to exceed $76,000, as part of the $250,000 total. The program will be monitored to evaluate the actual water savings achieved. A phone line to receive customer calls for participation in the City's ULV Toilet Rebate program will be established. The process itself shall consist of a promotional campaign, developing a list of participants, verification of existing toilets, having City water customers remove their existing high-volume toilet, verification that this was accomplished and at what cost, issuing the rebate check, then preparing necessary reports. mcc05bO 1 27 05/17/01 . . . Funding will be provided by a third quarter budget amendment, transferring $125,000 of available water revenue from the Capital Improvement Program Project #315- 96740 Water Supply and Treatment to a new project to be established, #315-96747 Flow Restrictor & Rain Sensor Rebates. Sufficient funds were budgeted for this initiative in the Water Supply & Treatment code, therefore, the code will not be impacted. The new project code is being created to better track this initiative. Funding for the remaining 3 years of the program has been included in the current rate study update. IN response to a question, Public Utilities Director Andy Neff said the request is for approval of the not to exceed amount of $76,000, as part of the total $250,000 for funding of program administration costs. He said the newer toilet models are highly effective compared to the original low-flow toilets of previous years. It was remarked that if the City is going to be serious regarding water conservation, it must consider these programs. Mr. Neff said as part of this program, the public would be provided information as to how to buy the appropriate toilet. One person spoke regarding the program citing he thought staff did thorough research regarding the appropriate types of toilets. Commissioner Hamilton moved to approve the Cooperative Agreement with the Southwest Florida Water Management District which provides funding of project costs of up to $125,000 for the replacement of toilets with water-conserving equivalents(Project K- 512), and approve the match of City funds in the amount of $125,000. The motion was duly seconded and upon roll call, the vote was: JJAyesJJ: JJNays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #65 - Contract to VoltVIEWTech. Inc. to implement, monitor, & execute the Ultra Low-Volume Toilet Rebate Program, amount not to exceed $76,000 (PW) This program provides a one-time rebate to retail water customers of up to $100 maximum per toilet for purchase of a 1.6 gallon Ultra-Low Flow Volume (ULV) model. VoltVIEWTech, Inc. (VVT), currently is under contract with the City of St. Petersburg providing services to implement, monitor, and execute their Toilet Rebate Program. This contract includes program administration, coordination of a promotional campaign, data collection, tracking, conducting installation inspections, removing the old toilet, issuing rebate checks, and preparing reports. The contract is valid through September 2001. mcc05b01 28 05/17/01 . . . VVT shall establish a phone line to receive customer calls for participation in the City's ULV Toilet Rebate program, and shall work with customers guiding them through the process and answering their questions. The process shall consist, in general, of the following: 1) Coordination of a promotional campaign to educate City water customers; 2) VVT logs participants names and addresses; 3) City water customer provides and installs the ULV toilet, then calls VVT for inspection; 4) VVT inspects within one week of customer call; 5) VVT obtains receipts for UL V toilet purchases and removes old toilets from participants; 6) VVT provides rebate checks to participants; and 7) VVT requests reimbursement form the City and files required reports with the City. Funding for this contract will be included in the $250,000 program total on an accompanying Agenda Item. Funding will be provided by a third quarter budget amendment transferring $76,000 of water revenue from Project #315-96740 Water Supply & Treatment to a new project to be established, #315-96747 Flow Restrictor & Rain Sensor Rebates. Sufficient funds were budgeted in Water Supply & Treatment to cover this contract, so it will not be impacted by the funds transfer. The new project code will enable better tracking of this initiative. In response to a question, Mr. Neff said units would be priced at not to exceed $38 per unit. It is the same price as St. Petersburg is offering in their contract. This program would cost the City more if done in-house. Commissioner Gray moved to award a contract with VoltVIEWTech, Inc., to implement, monitor, and execute the Ultra Low-Volume (ULV) Toilet Rebate Program, not to exceed $76,000. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #66 - Parks and Recreation Board - 1 aooointment (eLK) The City Clerk said one vacancy on the Parks and Recreation Board is available and 4 names have been submitted to fill that position. Commissioner Jonson nominated William Kirbas. The motion failed due to the lack of a second. Commissioner Hamilton nominated Thomas Fletcher. The motion was duly seconded and carried unanimously. mcc05b01 29 05/17/01 . . . ITEM #67 - Other Pendina Matters a) Accept PPC's alternative compromise amendment for Case #CW01-25, requesting the Community Redevelopment District be applied to the Beach by Design area The PPC staff has recommended 6 conditions of approve, 5 of, which are acceptable to the City. Below is the PPC staff's conditions (paraphrased) and the City response as to why the condition is unworkable. While the PPC has overall authority for insuring consistency among the multiple jurisdictions in the County, consistency does not have to mean "sameness". The use of the community Redevelopment District as proposed for the Beach by Design area is intended to recognize unique areas of the County and to provide for unique planning solutions. The Beach by Design solutions are not intended to be applied Countywide nor will they be effective solutions in other cities that have their own unique redevelopment issues. The Beach Plan is customized for Clearwater and Clearwater should be able to plan for its unique redevelopment needs within the context of the Countywide Plan. Clearwater believes that this plan is consistent with the Countywide Plan and should be approved without conditions.. PPC Condition 1 - Recommend that the beach area remain designated as Recreation/Open Space instead of the City recommendation of Community Redevelopment District. City ResDonse - City agrees with this condition. PPC Condition 2 - Recommend that Yacht Basin apartments site be designated as Resort Facilities High to reflect possible future use as hotel. City ResDonse - City does not agree with this condition. . To use the Yacht Basin as a hotel will require many steps in the City review process and the City prefers for the developer to request the plan amendment when the project is ready and shows the City that all of the conditions for a resort hotel will be met (Le. , resort hotel with major flag and resort amenities and consolidation of a substantial amount of additional property along Eastshore Drive tot he south of the Yacht Basin site). This PPC condition is premature; the City prefers to wait and see if the developer can meet the hotel requirements. PPC Condition 3 - Recommend that each resort hotel project be limited at 2.5 times the current density (for example 2.5 X 50 units per acre). This recommendation would supersede the 600 bonus hotel rooms pool and limit the City's ability to approve projects that exceed the 2.5 "cap". City ResDonse - This condition is a deal killer and the City does not agree with it. This condition would require that the Marriott proposal reduce their hotel rooms by approximately 50 rooms and would make the project unworkable and financial unfeasible. The City and Consultant Charlie Siemon did consider this option during the development of mcc05b01 30 05/17/01 . the Plan and concluded that it did not provide enough incentive to attract a major resort hotel as a catalytic project on the beach. The redevelopment costs on the beach are extraordinary and density incentives are the major key to attracting a quality hotel. PPC Condition 4 - Recommend that the use of the bonus hotel rooms would require a detailed traffic analysis to insure that road levels of service will not be degraded. Citv Response - The City does not agree with this condition. How a project affects the road network is a local Clearwater site planning issue out of the authority of the PPC. However, the City's consultant has prepared a detailed traffic analysis that assumes that both the Marriott and the Markoupoulos projects are built. The analysis considered several options on room count, parking garage size/location and potential road closures. The traffic analysis demonstrated that the major road s (Mandalay Avenue, Gulfview Boulevard and Memorial Causeway) are not degraded except for those extraordinary peak times of beach use such as Spring Break. To improve the roads to account for a limited peak time is financially unfeasible and physically illogical. A similar analogy would be to require all malls to have enough parking for the last minute Christmas shoppers which is an inefficient use of funds. . Further, the City is exploring other options to assist in beach traffic including a dedicated lane on Memorial Causeway, express bus service, and expanding the PST A trolley service on the beach. PPC Condition 6 - Recommend that the City revise its capital improvement budget to identify the sources and construction schedule for all infrastructure improvements for the beach. Citv Response - The City does not agree with this condition. There are no infrastructure improvements that are necessitated by the new hotel rooms. The infrastructure improvements called for in the Beach Plan are streetscape and Gulfview Boulevard aesthetic improvements. There is no rational link between the use of the hotel rooms and the proposed improvements; therefore, this condition is unneeded since it is unrelated to the hotel rooms. . mcc05bO 1 31 05/17/01 . . . Interim City Manager Bill Horne said he received a call from Mr. David Healy of the PPC (Pinellas Planing Council) requesting the City to accept their compromise regarding Beach by Design. Mr. Stone said the PPC had unanimously approved Beach by Design yesterday without the problematic condition #3 discussed at Monday's Work Session, but they did include the potable water condition. Staff told them they were satisfied with those conditions and would accept the new compromise. In response to a question, Mr. Stone said Condition #2 of the compromise recognizes the current condition and is not a problem as it relates to the Yacht Basin Apartment site. Commissioner Hamilton moved to accept the alternative compromise amendment by the PPC regarding its application to Beach by Design. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. CITY ATTORNEY REPORTS ITEM #68 - Res. #01-18 - Approving PACT leasehold mortgage and guaranty agreement Commissioner Gray moved to approve the PACT leasehold mortgage and guaranty agreement. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-18 for first reading and read it by title only. Commissioner Gray moved to pass and adopt Resolution #01-18 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": "Nays": Hart, Gray, Hamilton, Jonson, and Aungst. None. ITEM #69 - Other Citv Attorney Items - None. ITEM #70 - City Manaoer Verbal Reoorts The City Manager reported he was pleased with the public's participation regarding the Kimpton and Markoupoulos projects. He felt is important not to lose momentum for the projects and to move in a disciplined way. He expressed concern that the 2 developers will still impact South Gulfview. ITEM #71 - Other Commission Action Commissioner Jonson said the next PST A meeting is May 23, 2001. He said the billboard legislation passed on the last day of the legislative session with an exemption for Clearwater. He said the last 2 weeks in Clearwater were great - Island Way Grill opened and rolled out Parking Department Go-Cards for new parking meters. He thanked Library mcc05b01 32 05/17/01 . . . Foundation donors and Mr. and Mrs. Jack Eckerd. He felt it appropriate to recognize the former Commission members that had the foresight to approve building the new Main Library at the higher capacity. He encouraged everyone to properly dispose of cigarettes and trash. Commissioner Hart commended Representative John Carassas regarding the PPC letter of endorsement. He said he felt he has been given credit for too much power regarding the PST A bus routes changing as he merely wrote a letter to the PST A requesting they listen to north beach residents. He said the City's last chance to voice their opinions regarding widening of Keene Road is coming up June 13, 2001 at 1 :00 p.m. He encouraged as many people to attend that meeting as possible. Commissioner Gray said the Commissioners and high level staff not only work during the day but at night, which is clear evidence that the City is working hard for its residents. Commissioner Hamilton said on May 23, 2001, the Mayors of the barrier islands are traveling to Tallahassee to meet with Governor Bush regarding the CCCL line in an effort to get oversight of the CCCL under County control. He requested the Commission draft a letter of support. He congratulated the Clearwater High School baseball team's efforts in the championship. Commissioner Aungst concurred with Commissioner Jonson regarding the Library Foundation's fundraising efforts for the new Main Library. He thanked Parks and Recreation for Fun N Sun parade events. He said it was great to see so many people at the Emergency Project ribbon cutting last week. He said the Beach by Design and downtown meetings went well and he appreciates public attendance. He said this Commission has held more public meetings than at any other time in Clearwater's history. He said 4 library meetings are coming up to discuss the new Library's design and a schedule will be advertised this Saturday in the St. Pete Times. He said the opening of Gas Light Alley was great. He said Countryside's 30th anniversary is on Saturday. ITEM #72 - Adiournment The meeting adjourned at 10:07 p.m. ATTEST: r~>~ !L~.~ City Clerk \. . :- ~ot&er mcc05b01 33 05/17/01