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11/16/2000CITY COMMISSION MEETING CITY OF CLEARWATER November 16, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hart Commissioner Vacant Seat Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback Assistant City Manager Bob Keller Assistant City Manager – arrived 7:40 p.m. Pamela K. Akin City Attorney Sue Diana Assistant City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Anton DeWet of Faith United Church of Christ. 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 One service award was presented to a City employee. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) Award to Ramada Limited from Beautification Committee Jean Stuart, Chair of Beautification Committee, presented an award to Ramada Limited. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of November 2, 2000, 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 Agenda Jay Keyes said the Clearwater Beach Association has unanimously requested the temporary parking on the Memorial Causeway be removed and restored to its original park-like setting. Sam Elliott alleged the City Attorney lied at the August 3, August 17 and September 21, 2000, Commission meetings. The City Attorney said Mr. Elliott’s comments are the same as previously expressed and she had no further comment. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6600-00 - Vacating approx. 163' in length of a 30' wide unnamed r-o-w lying south of Druid Road, between Lake Ave. & Keystone Ave., subject to retaining westerly 10' as a drainage & utility easement (Van Raalte) – (V2000-12) The 30-foot wide right-of-way serves no purpose for vehicular or pedestrian traffic. The applicant who resides at 1625 Druid Road East has requested the right-of-way be vacated to allow for the future construction of a detached residential garage. The City has no existing utilities within the right-of-way. Public Works Administration is recommending the vacation of this portion of right-of-way, subject to retaining the westerly 10 feet as a drainage and utility easement. Florida Power, GTE and GTE Media Ventures have no objections to the vacation request. Time Warner has no objection provided the westerly 10 feet is retained as a utility easement. In response to a question, Director of Engineering Mike Quillen said the City owns the property. He said the adjacent property owners would maintain the property. In response to a question, City Attorney Pam Akin said vacating does not convey title. Commissioner Johnson moved to approve the applicant's request to vacate approximately 163 feet in length of a 30 foot wide, unnamed right-of-way lying south of Druid Road between Lake Avenue and Keystone Avenue, subject to retaining the westerly 10 feet as a drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6600-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6600-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. ITEM # 9 - Public Hearing & First Reading Ords. #6619-00, #6620-00 & #6621-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1407 Nursery Rd., Suncrest Terrace, Lot 11 (Michael & Linda Biros) – (ANX00-08-15) The site is at 1407 Nursery Road on the south side of Nursery Road, approximately 270 feet south of Seabreeze Street. The purpose of this voluntary annexation is to enable the applicant to receive City garbage collection service. The current use of the property is single family residential and the site is approximately 0.17 acres in size. The City has been providing water service to the subject property since May 29, 1998, and the capacity continues to be available for this utility. The applicants 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: 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. Since the proposed annexation site is less than 10 acres, the annexation will not require the review of the Pinellas Planning Council. The Planning Department determined that the proposed land use plan amendment and zoning 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. Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will not be required for the plan amendment. The CDB (Community Development Board) reviewed these applications at their public hearing meeting of October 16, 2000, and recommended approval of all applications. Commissioner Clark moved to approve the petition for Annexation, Land Use Plan Amendment and rezoning from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning District Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) for 1407 Nursery Road (Lot 11, Suncrest Terrace). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6619-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6619-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6620-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6620-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6621-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6621-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. ITEM #10 - Public Hearing & First Reading Ords. #6631-00, #6632-00 & #6633-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential/Office Limited & Office Zoning, 107 & 111 McMullen Booth Rd, Sec. 16-29-16, M&B 21.04 & 21.05 (Thomas Kelly & Michael A. Ciaramello) (ANX00-08-19 & LUZ00-08-09) The sites are at 107 and 110 McMullen Booth Road at the southeast corner of the intersection of McMullen Booth and Bay Lane. The site is approximately 0.56 acres in size. The subject properties are currently used as a single family residential and a duplex respectively. The purpose of the annexation, land use plan amendment, and rezoning is to allow the applicants to receive sewer service and to allow office redevelopment of each of these two parcels. The properties will be served by City water and sanitary sewer service. The applicants are aware of the need and costs to extend and connect the water and sanitary sewer lines to their respective properties. 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, 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. The site is less than 10 acres, therefore the PPC will not make a determination on the City's ability to serve the property. 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 adversely impact the natural environment. 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 CDB reviewed these applications at their public hearing of October 17, 2000, and recommended approval of all three applications. Commissioner Johnson moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City residential/Office Limited (R/OL), and a Zoning Atlas Amendment from County Zoning Residential, Single Family (R-3) District to City Office (O) District for properties at 107 and 111 McMullen Booth Road (Metes and Bounds 21-04 and 21-05 in Section 16, township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6631-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6631-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6632-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6632-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6633-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6633-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. ITEM #11 - Public Hearing & First Reading Ords. #6616-00, #6617-00 & #6618-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2014 Poinsetta Ave., Brooklawn Sub., Blk O, Lot 10 less E 5' for road r-o-w (Yanith Kheang / City) - (ANX00-09-14) The site is at 2014 Poinsetta Avenue, on the west side of Poinsetta Avenue, approximately 100 feet east of Betty Lane. The annexation is to allow the City to bring this property into its jurisdiction in compliance with the April 28, 1986, Agreement to Annex (ATA) between the City and previous owners. Effective with the annexation, the City will collect open space impact fees of $200 from the current property owner. The current use of the property is residential and the site is approximately 0.12 acres in size. The property is being served by City water and sanitary sewer service pursuant to the agreement to annex. The property owner is aware of the payment of the outstanding open space impact fee that is due prior to the second reading. 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 adversely impact public facilities and their level of service; 2) the proposed annexation is consistent with the City's Comprehensive Plan, 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. Since the proposed annexation site is less than 10 acres, the annexation will not require the review of the PPC. 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 adversely impact the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will not be required for the plan amendment. The CDB reviewed these applications at their public hearing meeting of October 17, 2000, and recommended approval of all applications. Assistant Planning Director Cyndi Hardin said in response to a question raised earlier, when the recreation open space ordinance was originally adopted, everyone paid the appropriate fee. All of the previously adopted agreements were approved prior to that. She said staff would submit them to the PPC for informational purposes. In response to a question, Ms. Hardin said when annexing 8 or less single family homes, no impact fee is required. Yanith Kheang, owner, said he is happy with the community. He said he did not feel the City needed to annex his property yet since there is an empty lot to the east. Ms. Hardin said the property to the east involves a substantial amount of City owned property to which Mr. Kheang's property is contiguous. The lot to the west is County property. Staff feels annexing his property is consistent with the annexation standards. Commissioner Johnson 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 District Residential, One, Two and Three (R-4) Family District to City Low Medium Density Residential (LMDR) Zoning District for 2014 Poinsetta Avenue (Lot 10, Block O, Brooklawn Subdivision). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6616-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6616-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6617-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6617-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6618-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6618-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. ITEM #12 - Public Hearing & First Reading Ords. #6622-00, #6623-00 & #6624-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1708 E. El Trinidad Dr., Virginia Grove Terrace, Blk 2, Lot 3 (Christine L. & Irma N. Thacker Est. / City) (ANX00-09-17) The site is at 1708 E. El Trinidad Drive, on the west side of Trinidad Drive, approximately 230 feet north of State Road 590. The annexation is to allow the city to bring this property into its jurisdiction in compliance with the November 14, 1984 Agreement to Annex (ATA) between the City and previous owners. Effective with the annexation, the City will collect open space impact fees of $200 from the current property owner. The current use of the property is residential and the site is approximately 0.18 acres in size. The property is served by City water and sanitary sewer service pursuant to the agreement to annex. The property owner is aware of the payment of the outstanding open space impact fee that is due prior to the second reading. 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, 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. Since the proposed annexation site is less than 10 acres, the annexation will not require the review of the PPC. 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 adversely impact the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will not be required for the plan amendment. The CDB reviewed these applications at their public hearing meeting of October 17, 2000, and recommended approval of all applications. Commissioner Clark 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 District Residential, Single Family (R-3) District to City Low medium Density Residential (LMDR) zoning District for 1708 E. El Trinidad Drive (Lot 3, Block 2, Virginia Grove Terrace). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6622-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6622-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6623-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6623-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6624-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6624-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. ITEM #13 - Public Hearing & First Reading Ords. #6625-00, #6626-00 & #6627-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Suburban & LDR Zoning, 1880 McMullen Booth Rd., Sec. 4-29-16, M&B 32.04 (RIC Properties Limited / City) (PLD) This site is at 1880 McMullen Booth Road, on the west side of McMullen Booth Road, approximately 300 feet south of Sunset Point Road. The annexation is to allow the City to bring the property into its jurisdiction in compliance with the October 10, 1980 Agreement to Annex (ATA) between the City and previous owners. The current use at the subject site is a day care center which is a nonconforming use and inconsistent with the LDR zoning district. However, since the site was legally established for use as a day care center since September 19, 1980, under Pinellas County zoning regulations and the use has not changed since then, the existing use at this site is regarded as legally nonconforming and will be grandfathered in as such. The subject property is the LaPetite Learning Center/Academy and the site is approximately 0.89 acres in size. The property is served by City water and sanitary sewer service pursuant to the agreement to annex. 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, 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. Since the proposed annexation site is less than 10 acres, the annexation will not require the review of the PPC. 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 adversely impact the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will not be required for the plan amendment. The CDB reviewed these applications at their public hearing meeting of October 17, 2000, and recommended approval of all applications. Commissioner Johnson moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Suburban and Zoning Atlas Amendment from County Zoning District Rural Residential (R-R) District to City Low Density Residential (LDR) Zoning District for 1880 McMullen Booth Road (Metes and Bounds 32-04 in Section 04, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6625-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6625-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6626-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6626-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6627-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6627-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. ITEM #14 - Public Hearing & First Reading Ords. #6628-00, #6629-00 & #6630-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2071 Lantana Ave., Brooklawn Sub., Blk D, Lot 8 (James H. & Patricia C. Olson / City) (ANX00-09-13) This site is at 2071 Lantana Avenue, on the east side of Lantana Avenue, approximately 230 feet south of Union Street. The annexation is to allow the City to bring this property into its jurisdiction in compliance with the June 3, 1985, Agreement to Annex (ATA) between the City and previous owners. Effective with the annexation, the City will collect open space impact fees of $400 from the current property owner. The current use of the property is residential and the site is approximately 0.13 acres in size. The property is served by City water and sanitary sewer service pursuant to the agreement to annex. The property owner is aware of the payment of the outstanding open space impact fee that is due prior to the second reading. 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, 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. Since the proposed annexation site is less than 10 acres, the annexation will not require the review of the PPC. 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 adversely impact the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will not be required for the plan amendment. The CDB reviewed these applications at their public hearing meeting of October 17, 2000, and recommended approval of all applications. Commissioner Hart moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban and Zoning Atlas Amendment from County Zoning District District Residential, One, Two and Three (R-4) Family District to City Low Medium Density Residential (LMDR) Zoning District for 2071 Lantana Avenue (Lot 8, Block D, Brooklawn Subdivision). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6628-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6628-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6629-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6629-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6630-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6630-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. ITEM #15 - Public Hearing & First Reading Ords. #6614-00 & #6615-00 - Land Use Plan Amendment to Institutional & Institutional Zoning, 3070 Chesapeake Lane, Sec. 16-29-16, M&B 22.21 (City / First Baptist Church of Clearwater)(LUZ00-08-11) The site is at 3070 Chesapeake Lane on the west side of McMullen Booth Road, approximately 450 feet south of Drew Street. The site is approximately 4.9 acres in size and is used as an active park with a baseball field. The purpose of the land use plan amendment and rezoning is to allow the construction of related church activities and its accessory facilities at the site. This parcel will be added to the larger 11.8-acre tract to the north also owned by the church. A separate land use plan amendment and rezoning has been approved by the City and is pending PPC review on November 15, 2000. The property will continue to be served by the City's water and sanitary sewer service. 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 adversely impact the natural environment. 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/or intensity of the plan amendment site, review and approval by Florida Department of Community Affairs is not required. The CDB reviewed these applications at their public hearing of October 17, 2000, and recommended approval of both applications. Ms. Hardin said the PPC recommended approval yesterday of the 12-acre parcel to the north. She said she would check on the deed exemption for McMullen Booth Road. She thought it could be a right-of-way dedication. Commissioner Hart moved to approve a Land Use Plan Amendment from Open Space/Recreation (OS/R) to Institutional (INS), and a Zoning Atlas Amendment from Open Space/Recreation (OS/R) to Institutional (I) Zoning District for property at 3070 Chesapeake Lane (Metes and Bounds 22-01 in Section 16, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6614-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6614-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. The City Attorney presented Ordinance #6615-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6615-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #16 - Ord. #6634-00 - Relating to investment of temporary surplus monies; amending Sec. 2.524 to provide for a change in the types of investments of City funds The city Attorney presented Ordinance #6634-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6634-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hart, and August. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-28) - 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 #17 - Approval of Purchases per Purchasing Memorandum: 1) Smith Fence Company, 2nd & Final renewal, fencing installed, 12/1/00-11/30/01, est. $125,000 (PR) 2) Jeffrey Knight Inc., 1st renewal of 2, gas mains & service lines installation, 1/1/01-12/31/01, est. $585,000 (GAS) 3) Duval Ford, twenty 2001 Ford Crown Victoria police pursuit vehicles, replacements, $491,885; financing to be provided under City's Master Lease-Purchase Agreement (GS) 4) Bell Chevrolet, one 2001 Chevrolet Express 15-passenger van, replacement, $21,480; financing to be provided under City's Master Lease-Purchase Agreement (GS) 5) Verizon Florida, Inc., high bandwidth service, 11/17/00-9/30/01, est. $85,000 (IT) ITEM #18 - Contract to Dames & Moore, additional soil remediation, 901-927 Cleveland Street (Parcel B) owned by CRA, $89,500 (ED) ITEM #19 - Non-Exclusive License Agreement with Nextel South Corp., authorizing installation of telecommunications equipment upon West Water Tank, 1780 Weston Dr., for initial term of 5 years commencing within 180 days of full execution of license agreement, granting Licensee option to extend for up to 3 additional terms of 5 years each, providing initial annual rent of $27,500 payable the 1st of the month following commencement date, adjustable annually a maximum of 4% in conformity with CPI (IT) ITEM #20 - Authorize extension of Countryside Library operating hours to include Sundays from 1:00 p.m. to 5:00 p.m., beginning January 2001 (LIB) ITEM #21 - Agreement with McNaughton Book Service, book leasing, not to exceed $17,037.30 (LIB) ITEM #22 - Contract to GLE Construction Services, Inc., new airplane T-Hangars at Clearwater Airpark, $596,021.35; authorize 5 year loan from Central Insurance Fund at cash pool rate in the amount of $298,011 (MR) ITEM #23 - Agreement with YWCA of Tampa Bay, interpretation / translation services, part of Hispanic Services Outreach Program, 1/1/01-9/30/01, est. $45,350 (PD) ITEM #24 - Establish new CIP titled E.C. Moore Fields 8 & 9, to be included in City's CIP for Fiscal Year 2001-2002, for total est. $530,000 (PR) ITEM #25 - Contract to Eveland Brothers, Inc., expansion of Countryside Community Recreation Center, $464,640; approve subsequent Change Order deduct in the amount $12,670, for net contract amount $451,970 (PR) ITEM #26 - Work Order to Wade-Trim Consulting, Engineer-of-Record, engineering & planning services for Enclave Annexation Program, $67,395 (PLD) ITEM #27 - Pinellas Planning Council - Reappoint Commissioner Hart for the term 1/1/01-12/31/02 (CLK) ITEM #28 - Approve expenditure of $300,000 to acquire 2 parcels on Spencer Avenue for stormwater retention project and to settle civil action in Winkelmann, et al. v. City (CA) Commissioner Hart said at one of the library meetings concern had been expressed about how to handle the requests for other libraries to remain open on Sunday. Mr. Szabo said he has received no requests to keep any libraries other than Countryside open on Sunday. If the need arises, it will be addressed. 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. OTHER ITEMS ON CITY MANAGER REPORT ITEM #29 - Agreement with FOP (Fraternal Order of Police) Supervisors for Fiscal Years 2000-2001, 2001-2002, & 2002-2003 (HR) The most recent collective bargaining agreement between the City and FOP Supervisors expired on September 30, 2000. City management staff and representatives of FOP Supervisors met beginning in April of 2000 to negotiate a new contract. The parties reached a tentative agreement on October 19, 2000. The Union submitted the proposed agreement to its membership who ratified the agreement by a vote of 25 to 4 on October 30, 2000. This is a 3-year agreement that contains the following major provisions: 1) General Wage Increase - Provide for general wage increase of 3% ($92,532) the first year; 3.5% ($111,382) the second year, and 3.5% ($116,556) the third year, effective at the beginning of each of the respective fiscal years. This would be in addition to the existing “step” increases which are projected to cost approximately $65,000 in the first year; $45,000 in the second year; and $50,000 in the third year; 2) Job Assignment Pay - provide to bargaining unit members assigned to Community Policing, SWAT, Crime Scene, Traffic Homicide, and certified by the Department as Bilingual ($7,800 in first year, $9,360 in second year and $10,920 in third year); 3) Allowances - increase plain-clothes allowance and canine detail allowance $1,720 in first year; $2,640 in second year; and $3,560 in third year); 4) Leaves of Absence - provide additional vacation day for 20 years of service and higher. Award bonus days for Sick Leave incentive instead of converting from Sick Leave. Increase compensatory time maximum from 80 hours to 120 hours. Increase Union Time from 80 hours to 272 hours; 5) Seniority - allow for no more than four Field Truing Officer squads with one current and any future squad created over and above the current Patrol teams to be assigned to a permanent shift; and 6) Insurance - provide for 100% standard HMO coverage for employee only health insurance for duration of agreement. Mr. O’Rourke said this agreement was ratified by a wide margin by the rank and file. He acknowledged the hard work and cooperation of the bargaining unit members and all parties involved. Commissioner Johnson moved to approve the collective bargaining agreement as negotiated between the City and FOP Supervisors for Fiscal Years 2000/2001, 2001/2002, and 2002/2003, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #30 - First Reading Ord. #6637-00 - Creating new Art. IV of Ch. 28, providing regulations for users of City rights-of-way (PW) During the 2000 Regular Session, the Florida Legislature created the Communications Services Tax Simplification Law. The Law is intended to simplify the tax structure for telecommunications services and assure that all providers are regulated uniformly. A requirement of the law is that prior to January 1, 2001, municipalities must adopt public rights-of-way regulations which treat all telecommunications services equally. The subject Code of Ordinance additions define the process to obtain a permit for work in City rights-of-way and set forth construction specifications for such work. In response to a question, Mr. Quillen said City Engineering staff determines if it is technically and economically feasible to put new utilities underground. In response to a question, Ms. Akin said there is nothing that precludes the City from establishing design standards for telecommunication towers, however, this ordinance addresses rights-of-way construction and a tower would not typically be constructed in a right-of-way. In response to a question, Ms. Akin said it is not necessary for the Mayor to recuse himself from this discussion. Commissioner Clark moved to approve the creation of a new Article IV, of Chapter 28 Clearwater Code of Ordinances, providing regulations for users of City rights-of-way. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6637-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6637-00 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hart, and Aungst. “Nays”: None. ITEM #31 - (Cont. from 11/2/00) Agreement with Tampa Bay Water, reimbursement of funding for preliminary engineering for advanced water treatment facilities in cooperation with City, in the amount of $270,000; approve McKim & Creed Work Order for engineering services providing concurrent studies and technical oversight of advanced water treatment project, $369,000 (PW) Tampa Bay Water (TBW) has expressed an interest in developing a water treatment facility in cooperation with Clearwater. TBW and the City are engaged in negotiations to enable TBW to construct advanced water treatment facilities on City property and improvements to the City well field to achieve an increase in water production in one year. TBW is requesting City cooperation to achieve a two million gallons per day (MGD) increase over the current City water production of three-MGD by September 2001 to offset regional demand. The City previously was considering upgrades to water production facilities to meet forthcoming Safe Drinking Water Act regulations by December 2003. TBW has offered to accelerate City plans by funding early delivery of the project. The McKim & Creed work involves technical oversight of TBW’s technical efforts, coordination of public information plans, conducting corrosion studies and providing engineering services to change the City’s disinfection system. The change in disinfection is required due to the County’s plans to change their disinfection process anticipated by November 2001. Of the total cost of $369,000, $161,000 is applicable to the TBW effort. TBW has contracted with Camp Dresser and McKee, Inc., (CDM) to conduct preliminary engineering over the next two months addressing project scope and cost issues. At the conclusion of this period, a basis of design report shall be provided to determine project feasibility. At that time, the City will have the opportunity to assess the project and decide whether or not to move forward with it. The total cost for the CDM effort is $700,836. The City’s reimbursable portion is $270,000 based on sharing the cost with TBW for both the CDM and McKim & Creed work ($700,836/2 - $161,000/2 = $269,918 (rounded to $270,000). The City will provide reimbursement of $270,000 to TBW only in the event that TBW and the City do not enter into an agreement to construct a water treatment plant. The City will be updating the Water and Sewer Rate Study concurrently with this project and will bring forward that analysis with rate recommendations. The last rate study assumed the City would purchase all water from Pinellas County (at the then $1.79/1,000 gallons), that it would issue bonds for capital projects (did not include this project), and resulted in annual 6.6% increases in each of the following five years. The first 6.6% increase was approved and effective July 1, 2000. It is anticipated the Commission will need to approve a series of rate adjustments in order to issue bonds for this project (if pursued) as well as other planned projects. Sufficient funding for the City’s $639,000 share of the effort is available in the Water Supply and Treatment CIP #315-96750. Ms. Arasteh reviewed and responded to concerns expressed at the Work Session. She said the City would receive $135,000 from SWFWMD (Southwest Florida Water Management District) for this project. Ronnie Duncan, Treasurer for SWFWMD confirmed that amount. In response to a question, Mr. Duncan said SWFWMD must follow statutory guidelines regarding project funding. He said normally, funding does not apply to bricks and mortar projects. SWFWMD is doing everything possible to address the severe drought problems in the region. SWFWMD is aware of this proposed agreement with TBW and supports it. Jerry Maxwell, General Manager of TBW, said the proposed project will benefit the City, TBW, and the entire region. He said TBW was created under Florida Statutes as an interlocal agency of six local governments with broad powers to develop the water supply across the State. Clearwater is a wholesale customer of Pinellas County, who in turn is a customer of TBW. As Pinellas County marks up the cost of water supplied to Clearwater, this proposal provides an opportunity for Clearwater to produce its own water at significant savings if the project can be implemented as proposed. Appreciation was expressed to TBW and staff for their efforts during negotiations for this project. Commissioner Hart moved to approve the agreement with Tampa Bay Water (TBW) concerning reimbursement of funding for preliminary engineering for advanced water treatment facilities in cooperation with the City in the amount of $270,000 and approve McKim & Creed Work Order for Engineering Services providing concurrent studies and technical oversight of the advanced water treatment project in the amount of $369,000, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The meeting recessed from 7:05 to 7:24 p.m. ITEM #32 - Provide direction to staff re proposal for development of Marriott Seashell Beach Resort and parking garage Richard Gehring, consultant, said that the Marriott International staff wants to create a resort destination with a hotel, conference center, parking system, restaurant, and retail component. He said Marriott has a reputation for excellence and plans to make this development a world class project. He said the project would be a catalyst to development. He reviewed the components of the proposal. Marriott proposes a 250-room hotel, a 1,000 car parking garage for private and public use, and 35,000 to 50,000 square feet of retail space. He said the parking garage would provide a shared use with no required subsidy. He said 40% of the operating costs would be supported by the hotel/retail component, making the parking garage feasible. Street vacations, height issues, etc. will be worked out with staff. He said he felt this proposal would help alleviate parking issues on Gulfview. He reviewed the design of the project and said he anticipates construction would be completed and the resort center opened in 2003. The total project costs are estimated at $75 million. He said this project would increase the City’s tax base, sales and tourist development taxes, and provide jobs. William J. Kimpton, Kimpton, Burke, White & Heiden, P.A., said Marriott is committed to the community and has the necessary components for the project. He said Marriott wants to be part of the City’s success in renovating the beach. Brian Moulton, Vice President of Hotel Development for Marriott International, Inc., said Marriott has the largest number of beachfront hotels and resorts in Florida. Many of them have been catalysts to development. He said he is looking forward to working with the community and the Commission to bring this project to fruition. Jan Heinberg, President of Bella Vista Group, Inc., presented examples of his work. He said the proposed project blends in architectural elements that are aesthetically pleasing to the beach and surrounding area. His firm has 14 years of experience in such projects. He said most of the projects done by Bella Vista Group have been in the Sarasota, Naples, and Sanibel area. In response to a question, Mr. Heinberg said Bella Vista is working with an investor group for capital sources. Bella Vista would be the development arm of the project. The Marriott would operate under a management agreement versus a franchise agreement. Concern was expressed that prior to implementation of the project, unanswered questions be addressed such as the proximity to other developments; how the project enhances or impacts other developments on the beach; if the parking garage only permitted hotel parking how would it affect the development with parking in another location; how this project would impact the partnership with the City; etc. Mr. Gehring said the Marriott is poised to move aggressively to complete the project by the completion date for the new Memorial Causeway Bridge. Mr. Horne said staff will work with the Marriott team to answer the Commission’s questions and public meetings will be held to gain public input. He suggested the Commission not wait to finalize the Beach by Design decisions before making decisions regarding other projects such as this one. Other development opportunities involving parking garages may present themselves along the way. The Commission has made it clear that parking garages are a priority. It was remarked this is an exciting project and a special meeting may be necessary to discuss all options. In response to a question, City Attorney Pam Akin explained the public hearing process to allow the public an opportunity to speak to this issue, if the Commission wants to move forward. Staff was directed to work with the Marriott team to identify issues and concerns, to look at other development options, and to highlight aspects in Beach by Design that are related to other development projects. It was suggested a special work session be scheduled prior to the December 12 Commission meeting. Mr. Horne noted that staff will be meeting regarding the Markopoulos proposal on Tuesday. Three residents spoke regarding the proposal. Two of them expressed concern regarding parking on South Beach, and trucks entering the Memorial Causeway Bridge, the Roundabout, and the Sand Key Bridge. The other resident said the proposal was a wonderful idea. ITEM #33 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #34 - Res. #00-46 - Declaring those Non-Ad Valorem assessments established by Res. #95-70 as satisfied and released; providing for copy of this resolution to be forwarded to Property Appraiser, Tax Collector, and Florida Dept. of Revenue (re Sand Key) The City Attorney presented Resolution #00-46 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-46 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. ITEM #35 - Other City Attorney Items City Attorney Pam Akin said the Olympic Committee has requested the City write a letter stating that no major events will be held City while the Olympic games are underway in 2012. Consensus was to have a letter drafted for the Commission’s signature. ITEM #36 - City Manager Verbal Reports – None. ITEM #37 - Other Commission Action a) Filling vacancy in Seat 3 Ms. Akin said the City Charter states the Commission should fill the vacancy within 30 days. If the position is not filled within 60 days, the City shall hold a special election to fill the unexpired term. She noted the City has a scheduled election in March 2001. She explained the process followed in 1995 to fill a vacancy. Discussion ensued regarding whether the position needs to be filled or if it should remain vacant until the March election. It was remarked since the Charter indicates the Commission should make an effort to fill the position, they should proceed with the process. It was felt that the replacement should be familiar with ongoing issues in the City. Commissioner Clark nominated former Commissioner Ed Hooper. Upon the vote being taken, Commissioner Clark and Mayor Aungst voted “aye”; Commissioners Johnson and Hart voted “nay”. Motion failed due to tie vote. Mayor Aungst nominated Melody Figurski. Upon the vote being taken, Commissioner Clark and Mayor Aungst voted “aye”; Commissioners Johnson and Hart voted “nay”. Motion failed due to a tie vote. It was remarked that former Commissioner Hooper was the most logical choice. It was suggested more time be given to obtain additional names for consideration. It was felt that sufficient time has been given the public to respond. Consensus was to discuss the matter at the December Work Session. Commissioner Johnson said the Fresh Produce event he attended at the Martin Luther King Center was a worthwhile event. He also enjoyed the Regency Oaks Annual Turner Award for Paramedics. Mayor Aungst thanked Wynwood Landings for their invitation to a block party. He attended the reopening of the McMullen Tennis Complex and complimented the Parks and Recreation Department for their efforts. He said the Folk Arts Festival went well. The Christmas under the Oaks had a record crowd last Sunday. He recognized the John Paul II Polish/American Club’s fifth anniversary. He noted the Festival of Trees begins next week. He congratulated the Clearwater Tornadoes and the Countryside Ladies’ Cougar volleyball teams. He thanked everyone involved with the Ross Norton Appreciation Dinner. ITEM #38 - Adjournment The meeting adjourned at 8:45 p.m.