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04/19/2001 CITY COMMISSION MEETING CITY OF CLEARWATER April 19, 2001 Present: Brian J. Aungst Mayor/Commissioner Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau 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 Deacon Albert Tibbetts of St. Cecelia's Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards Proclamation: Administrative Professionals Week - 4/22-28/01 & Administrative Professionals Day - 4/25/01 Proclamation: Fiesta del Sol al Sol - 4/25/01-5/6/01 ITEM #5 - Presentations a) Neighborhood & Home of the Quarter awards The Clearview Lake Estates Neighborhood and the following residences: McQuigg - 310 Lotus Path; Wickersham - 428 Lotus Path; Guthrie - 1006 Bay Avenue; and Hibbard - 308 Druid Road West, received Certificates of Appreciation and yard signs. b) Communicator Award Jackii Molsick, Public Communications & Marketing Director, accepted an award recognizing the video, "Clearwater: One Great Place" as a winner in The Communicator Awards 2000 Video Competition. mcc04b01 1 04/19/01 c) Clearwater High School Boys Soccer Team Head Coach Bruce Toscani accepted a plaque and certificates recognizing an outstanding 2000-2001 season in which the team accomplished 27 wins (school record for most wins), 5 losses, and 4 ties; placed 3rd in the PUMA Cup; were District 11 Champions (3rd consecutive year); were Region 3 Champions and State 3A Champions. d) Ernst & Young - audit report Jon Santo, Ernst & Young, presented the City’s audit report for Fiscal 2000. He said no audit adjustments were necessary, identified no material weaknesses in internal control or issues of noncompliance regarding Federal and State grants and Florida Statutes. He thanked the Finance and Information Management departments and the administration for their assistance during the audit. e) Certificate of Achievement for Financial Reporting Margie Simmons presented the Certificate of Achievement for Financial Reporting to Controller Karen Cunkle. Ms. Simmons said the award represents a standard of achievement for governments whose financial reports meet the industry’s high standards. She said the City’s financial reporting system has enabled the City to receive this award for the past 21 consecutive years. Ms. Cunkle thanked the Finance group for their support. ITEM #6 - Approval of Minutes Commissioner Hamilton moved to continue approval of the minutes of the regular motion meeting of April 5, 2001, to the May 3, 2001, meeting. The was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Andy Solomon requested the City’s help to resolve erosion in his neighborhood from Alligator Creek. Interim City Manager Bill Horne said he visited the area that Mr. Solomon has referred to, and encouraged the Commission to review the situation. He said staff would like to meet the neighborhood as a group Ric Ortega, Joann Sisten, Rebecca Avard, and Betty Wallskue expressed concern about 6-laning Keene Road. Commission directed a Resolution opposing 6-lanes; requesting a maximum of 4-lanes be placed on the 5/3/01 agenda. City Attorney Pam Akin said Interlocal Agreement between the City and County regarding Keene Road does not address the number of lanes on Keene Road. She said Commission minutes contain no discussion regarding the number of lanes. Consensus was for the City Attorney to draft a resolution that requests the County consider making Keene Road a maximun of 4 lanes. mcc04b01 2 04/19/01 Allen Bowlware suggested the City involve citizens in Penny for Pinellas projects and use traffic calming meeting format to obtain input from the public. PUBLIC HEARINGS Ord. #6779-01 ITEM #8 - Public Hearing & First Reading - Vacating portion of r-o-w of Third Street lying between east r-o-w line of Gulf View Blvd. and west r-o-w line of Coronado Dr., Al-Nayem International, Inc. and Sec. 7-29-15 & Sec. 8-29-15, subject to conditions ( ThavabalasighamPW , V2001-05)() The applicant is proposing to use the right-of-way of Third Street and adjacent properties to construct a 250-unit hotel and parking garage pursuant to the Development Agreement between the City and the Clearwater Seashell Resorts, L.C., adopted on March 1, 2001. This right-of-way together with a proposed to be vacated portion of Gulfview Boulevard, are to be joined with adjacent properties to complete the “project site” as defined in the Development Agreement. This vacation was approved in concept as part of the Development Agreement. The City currently has sanitary sewer, storm water, water and natural gas mains in this right-of-way. Florida Power, Time Warner Communications and Verizon Media Ventures have no objections to the vacation request. Verizon of Florida will have no objections provided that the developer bears all costs associated with the relocation of their facilities. CGS (Clearwater Gas System) has no objections provided the applicant pays the cost of relocating the gas main and grants easements over the relocated facilities. Public Works Administration recommends approval of the vacation of this right-of-way subject to 6 conditions: 1) The project described in the referenced Development Agreement shall be completed within 3 years of the effective date of this ordinance; 2) the applicant shall grant easements for access to all relocated utilities prior to completion of the project; 3) all public and private utilities shall be relocated by the applicant to the approval and acceptance of the utility owners with all out-of-service utilities removed prior to completion of the project; 4) a 10-foot access easement shall be dedicated by the applicant to provide pedestrian access from Coronado Drive to the new alignment of Gulfview Boulevard prior to completion of the project; 5) the applicant shall obtain approval from the Commission of the final design for the south Gulfview/Beachwalk project, and 6) this vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Richard Gehring, representing Marriott Seashell Resort, requested the Commission approve this item. mcc04b01 3 04/19/01 Gordon Schiff, representing Markopolous, and two other persons spoke in opposition of the application. Truett Gardner, representing the applicant, stated Mr. Schiff’s client does not have party status. He stated as long as alternative access is provided there is no entitlement of the right-of-way as it currently exists. One person spoke in favor of the application. In response to a question, Planning Director Ralph Stone said the vacation is being considered now because when all the applications were submitted for the Marriott Seashell Resort project, staff insisted all pieces of the projects be submitted simultaneously in order for staff to fully understand the entire project. Those pieces included the development order, vacation of roadways, and a site plan. He said the development order and site plan already have been approved. When consolidating property in a redevelopment environment, procedural requirements are extraordinary and staff needs to ensure a consistency with the site plan and project and feel comfortable with the entire project as it moves forward. He said the City is not discriminating against anyone, as Beach by Design was presented in the fall of 2000 prior to any projects being formally presented. Three proposals which all include rights- of-way acquisitions were submitted. Staff does not feel this process is piecemeal but it is consistent with the broader concept of Beach by Design. The City’s Engineering and Planning staff, external evaluations by consultants, and the applicant’s engineers conclude the vacation of Third Street does not create unacceptable circumstances. In response to a question, City Attorney Pam Akin said no properties are being condemned. It was remarked that it is disappointing that anyone is trying to tie the process up in court, as the City has repeatedly stated its willingness to deal with all parties. In response to a question, Ms. Akin said the legal issue for the Commission to consider is whether the City is willing to vacate Third Street. By vacating this roadway, the City is not stating other vacations will follow. She suggested the Commission consider if the vacation would impair the function of the roadway or if the roadway is necessary to be maintained. She said the City has a developer agreement regarding the Marriott Seashell Resort that does not compel the Commission to vacate the roadway. In response to a question, City Clerk Cyndie Goudeau said notifications of the site plan, which included the proposed vacation, being considered by the Community Development Board were sent to surrounding property owners within 500 feet of the proposed project. She said property owners abutting this property were notified of tonight’s hearing regarding the vacation request. Upon checking the files, Ms. Goudeau said the City has received no written letters or objection or endorsements regarding this application. It was remarked that the City wants both projects to succeed. It would be preferable to see progress between the two parties prior to second reading. In response to a question, Ms. Akin said she had just received the opposing party’s legal arguments late in the afternoon today. She said she does not see merit in them. She will provide a more extensive analysis to the Commission regarding the arguments before second reading. She felt they would not prohibit the Commission from moving forward tonight. It was requested that a final copy of the development agreement be supplied to the Commission and additional information regarding the limitation of additional parking placement and curvilinear street design should be resolved. Staff also will provide proforma information compiled by Charlie Siemon. mcc04b01 4 04/19/01 Commissioner Hamilton moved to approve the applicant’s request to vacate that portion of the right-of-way of Third Street lying between the east right-of-way line of Gulf View Boulevard and the west right-of-way line of Coronado Drive, Sections 7 and 8, Township 29 S., Range 15 E., subject to the following conditions: 1) The project described in the referenced Development Agreement shall be completed within three years of the effective date of this ordinance; 2) The applicant shall grant easements for access to all relocated utilities prior to completion of the project: 3) All public and private utilities shall be relocated by the applicant to the approval and acceptance of the utility owners with all out-of-service utilities removed prior to completion of the project; 4) A 10 foot access easement shall be dedicated by the applicant to provide pedestrian access from Coronado Drive the the new alignment of Gulf View Boulevard prior to completion of the project; 5) The applicant shall obtain approval from the City Commission of the final design for the South Gulfview/Beachwalk project; and 6) This vacation ordinance shall be rendered null and void if any of the preceding conditions are not motioncarried met. The was duly seconded and unanimously. The City Attorney presented Ordinance #6779-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6779-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The meeting recessed from 8:22 to 8:40 p.m. Ord. #6780-01 ITEM #9 - Public Hearing & First Reading - Vacating east 35' of 70' r-o-w of Gulf View Blvd. lying south of westerly extension of a line 20' north of and parallel to northerly lot lines of Lots 57 & 104, Lloyd-White-Skinner Sub. and lying north of westerly extension of southerly lot line of Lot 59 of same sub., a/k/a south lot line of Beach Place Motel Condo, Sec. Al-Nayem International, Inc. and Thavabalasigham 7-29-15, subject to conditions (, V2001- PW 06)() The applicant is proposing to use the right-of-way of Gulfview Boulevard in conjunction with adjacent properties to construct a 250-unit hotel and parking garage pursuant to the Development agreement between the City and Clearwater Seashell Resorts, L.C. This vacation was approved in concept as part of the Development Agreement, which was adopted on March 1, 2001. The City currently has sanitary sewer, storm water, water and natural gas mains in this right-of-way. Florida Power, Time Warner Communications and Verizon media Ventures have no objections to the vacation request. Verizon of Florida will have no objections provided that the developer bears all costs associated with the relocation of their facilities. CGS (Clearwater Gas System) has no objections provided the applicant pays the cost of relocating the gas main and grants easements over the relocated facilities. mcc04b01 5 04/19/01 Public Works Administration recommends approval of the vacation of this right-of-way subject to 7 conditions: 1) The project described in the referenced Development Agreement shall be completed within 3 years of the effective date of this ordinance; 2) the current public use of the subject right-of-way shall be maintained until a suitable paved roadway is constructed on a dedicated street right-of-way adjacent to the subject right-of-way of a size adequate to accommodate 2 lanes of 2-way traffic capacity; 3) the applicant shall grant easements for access to all relocated utilities prior to completion of the project; 4) all public and private utilities shall be relocated by the applicant to the approval and acceptance of the utility owners with all out-of-service utilities removed prior to completion of the project; 5) a 10-foot access easement shall be dedicated by the applicant to provide pedestrian access from Coronado Drive to the new alignment of Gulfview Boulevard prior to completion of the project; 6) the applicant shall obtain approval from the Commission of the final design for the south Gulfview/Beachwalk project, and 7) this vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Richard Gehring, applicant’s representative, requested the City approve this item. Gordon Schiff, representing Markopolous, and one other person spoke in opposition of the application. Truett Gardner, representing applicant, again states Mr. Schiff’s client has no party standing. In response to a question, Ms. Akin said staff reviewed the legal arguments submitted late this afternoon and does not feel they are valid. She recommended the Commission move forward. Ms. Arasteh said the traffic study did not assume a three-lane Coronado. In response to a question, Mr. Stone said the conditions stipulated must be met prior to the effectiveness of the vacation. In response to a question, Ms. Goudeau said after checking the files, no letters of support or opposition have been received regarding this item. Concern was expressed regarding the design of the roadway in front of this right-of- way. It was felt, as this item is a compromise, the City must ensure the tradeoffs are understood. Concern was expressed that parking garages and a commitment of 400 spaces to be provided on the beach before the new bridge is open have been promised. Commissioner Gray moved to approve the applicant’s request to vacate the east 35 feet of the 70 foot right-of-way of Gulfview Boulevard lying south of the westerly extension of a line 20 feet north of and parallel to the northerly lot lines of Lots 57 and 104, Lloyd-White- Skinner Subdivision, and lying north of the westerly extension of the southerly lot line of Lot 59 of Lloyd-White-Skinner subdivision (AKA the south lot line of the Beach Place Motel Condo.), Section 7, Township 29 S., Range 15 E., subject to the following conditions: 1) The project described in the referenced Development Agreement shall be completed within three years of the effective date of this ordinance; 2) The current public use of the subject right-of-way shall be maintained until a suitable paved roadway is constructed on a dedicated street right-of-way mcc04b01 6 04/19/01 adjacent to the subject right-of-way of a size adequate to accommodate two lanes of two way traffic capacity; 3) The applicant shall grant easements for access to all relocated utilities prior to completion of the project; 4) All public and private utilities shall be relocated by the applicant to the approval and acceptancew of the utility owners with all out-of-service utilities removed prior to completion of the project; 5) A 10 fot access easemeent shall be dedicated by the applicant to provide pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard prior to completion of the project; 6) The applicant shall obtain approval from the City Commission of the final design for the South Gulfview/Beachwalk project; and 7) This vacation ordinance shall be rendered null and void if any of the preceding conditions are not motion met. The was duly seconded and upon the vote being taken, Commissioners Hart, Gray, and Hamilton, and Mayor Aungst voted “aye”; Commissioner Jonson voted “nay”. carried Motion . The City Attorney presented Ordinance #6780-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6780-01 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, and Aungst. “Nays”: Jonson. carried Motion . Ord. #6782-01 ITEM #10 - Public Hearing & First Reading - 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, School Board of Pinellas CountyPW less south 10' (, V2001-07)() Paul B. Steven’s School is presently located on the subject property. The School Board of Pinellas County proposes to construct a new public school building on the property over the present easement location. The City has a 6-inch water line in the easement, which is being relocated at the applicant’s expense. The applicant agrees to grant a new utility easement over the relocated water line. Florida Power, Time Warner, Verizon and Verizon Media Ventures have no objections to the vacation request. Public Works Administration is recommending approval of this vacation request. Jim Miller, Director of Real Property Management for Pinellas County School Board, said the School Board wishes to relocate the utility easement on the existing site at its own expense. He said once it is relocated, the School Board will place another easement over it and dedicate it to the City. He said the line currently serves other residential properties. The property in question was acquired in 1993 and is 7.5 acres. He said the new Paul B. Steven’s School will be 96,000 square feet and will cost $13 million. Seven persons spoke in opposition to the project, citing lack of notification, loss of privacy, concerns about drainage and flooding problems. mcc04b01 7 04/19/01 In response to a question, Mr. Miller said the neighborhood residents were not notified by the School Board but should have been. He apologized for the error. He said the School Board will conduct a meeting to address its plans. He said these plans were approved by SWFWMD (Southwest Florida Water Management District). Concern was expressed that the level of public involvement was not adequate. It was suggested the School Board reconsider their notification policies. In response to a question, Engineering Director Mike Quillen said it is common practice to vacate a water line easement prior to identifying the location of a new one to ensure no mistakes are made. He said staff shares the residents’ concerns regarding flooding, retention problems, the lake, and the road being elevated by 3 feet. Mr. Quillen said City staff is working with the School Board’s consultant to attempt to resolve these issues. In response to a question, Mr. Miller said the School Board has agreed to place extensive landscaping and trees along fences as a buffer to residential properties. Chain link fences would be used. He requested the Commission pass this item on first reading and consider extending the item if issues remain to be resolved. Commissioner Gray moved to continue Item #10 to the May 3, 2001, meeting. The motioncarried was duly seconded and unanimously. Ord. #6783-01 ITEM #11 - Public Hearing & First Reading - Vacating westerly 5' of 10' drainage & utility easement lying along east property line of Lot 90, Northwood West Sub., RiverosPW 2527 Anderson Drive West, less southerly 10' (, V2001-08)() An existing pool deck and pool enclosure encroaches into the easement. This pool was built prior to the current review procedures that were implemented to prevent such encroachments from occurring. Florida Power, Time Warner, Verizon and Verizon Media Ventures, Inc. have no objection to the vacation request. The City has no utilities in the subject easement. Public Works Administration has no objections to this vacation request. Commissioner Gray moved to approve the applicant’s request to vacate the westerly 5 feet of the 10 foot drainage and utility easement lying along the east property line of Lot 90, Northwood West Subdivision, (AKA 2527 Anderson Drive West), less the southerly 10 feet motioncarried thereof. The was duly seconded and unanimously. The City Attorney presented Ordinance #6783-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6783-01 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, and Jonson “Nays”: None. Absent: Aungst. mcc04b01 8 04/19/01 Ord. #6792-01 ITEM #12 - Public Hearing & First Reading - Vacating southeasterly 5' of 10' drainage & utility easement lying along northwesterly lot line of Lot 8, Blk D, Northwood FlamentPW Estates, 2610 Fallsrock Dr., less & except northeasterly 5' (, V2001-09)() The applicant proposes to build a swimming pool and pool enclosure 5 feet from the northwesterly lot line. 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 this vacation request. Commissioner Hamilton moved to approve the applicant’s request to vacate the southeasterly 5 feet of the 10 foot drainage & utility easement lying along northwesterly lot line of Lot 8, Block D, Northwood Estates, (AKA 2610 Fallsrock Dr., less & except northeasterly 5 motioncarried feet thereof. The was duly seconded and unanimously. The City Attorney presented Ordinance #6792-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6792-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6654-01, #6655-01 & #6656-01 ITEM #13 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 1295 Bertland Way and 1950 Betty Lane, Charles E. Johnson, Floradel Sub., Lots 31 & 32 together with adjoining r-o-w of Betty Lane ( IIIPLD )() The City is initiating this annexation request to bring these properties into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of August 22, 1983. The City has been providing water service to the subject properties since August 22, 1983, and capacity continues to be available for this utility. Therefore, the proposed annexation of these properties will not affect the provision of public facilities. The subject site is developed with duplex homes, which are nonconforming with the Low Medium Density Residential (LMDR) zoning district due to the small lot size. However, the existing use was established prior to the adoption of the Community Development Code and developed under the Pinellas County zoning code. Because the site was legally established for duplex residential use since September 10, 1983, and the use has not changed since then, this use is legally nonconforming and may remain as such. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the properties located at 1295 Bertland Way and 1950 Betty Lane; 2) recommend approval of the Residential Urban plan category mcc04b01 9 04/19/01 pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. Commissioner Hamilton moved to approve annexation of (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 1295 Bertland Way and 1950 Betty Lane, Floradel Sub., Lots 31 & 32 together with motioncarried adjoining right-of-way of Betty Lane. The was duly seconded and unanimously. The City Attorney presented Ordinance #6654-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6654-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6655-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6655-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6656-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6656-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6651-01, #6652-01 & #6653-01 ITEM #14 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 1289 Bertland Way, Floradel Sub., Lot 30 Clyde & Winnie L. TisdalePLD ()() The subject site is developed with a duplex home, which is nonconforming with the Low Medium Density Residential (LMDR) zoning district due to the small lot size. However, the existing use was established prior to the adoption of the Community Development Code and developed under the Pinellas County zoning code. Because the site was legally established for duplex residential use since September 10, 1983, and the use has not changed since then, this use is legally nonconforming and may remain as such. mcc04b01 10 04/19/01 The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the property located at 1289 Bertland Way ; 2) recommend approval of the Residential Urban plan category pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. Commissioner Hamilton moved to approve annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR motion Zoning, 1289 Bertland Way, Floradel Sub., Lot 30. The was duly seconded and carried unanimously. The City Attorney presented Ordinance #6651-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6651-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6652-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6652-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6653-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6653-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6776-01, #6777-01 & #6778-01 ITEM #15 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 1273, 1277, 1281 & 1285 Bertland Way, Charles E. Johnson, IIIPLD Floradel Sub., Lots 26-29 ()() The City is initiating this annexation request to bring these properties into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of August 22, 1983. The City has been providing water service to the subject properties since August 22, mcc04b01 11 04/19/01 1983, and capacity continues to be available for this utility. Therefore, the proposed annexation of these properties will not affect the provision of public facilities. The subject site is developed with duplex homes, which are nonconforming with the Low Medium Density Residential (LMDR) zoning district due to the small lot size. However, the existing use was established prior to the adoption of the Community Development Code and developed under the Pinellas County zoning code. Because the site was legally established for duplex residential use since September 10, 1983, and the use has not changed since then, this use is legally nonconforming and may remain as such. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the properties located at 1273, 1277, 1281, and 1285 Bertland Way; 2) recommend approval of the Residential Urban plan category pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. Commissioner Hamilton moved to approve the annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR motioncarried Zoning, 1273, 1277, 1281 & 1285 Bertland Way. The was duly seconded and unanimously. The City Attorney presented Ordinance #6776-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6776-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6777-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6777-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6778-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6778-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. mcc04b01 12 04/19/01 “Nays”: None. Ords. #6657-01, #6658-01 & #6659-01 ITEM #16 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2057 The Mall, Brooklawn Sub., Blk H, Lot Paul A. Lennox & Brenda K. HargettPLD 10 together with adjoining r-o-w ()() The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of May 30, 1986. The City has been providing water service to the subject properties since December 15, 1986, and capacity continues to be available for this utility. Therefore, the proposed annexation of these properties will not affect the provision of public facilities. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. The proposed annexation and the existing use are consistent with both the City’s Comprehensive Plan and the Countywide Plan with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single family residential home is consistent with the LMDR zoning district. One December 21, 2000, the applicants paid the one time open space fee of $200 due the City. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the property located at 2057 The Mall; 2) recommend approval of the Residential Urban plan category pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. Commissioner Hart moved to approve the annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2057 The Mall, Brooklawn Subdivision, Block H, Lot 10 together with adjoining r-o-w. motioncarried The was duly seconded and unanimously. The City Attorney presented Ordinance #6657 for first reading and read it by title only. motion Commissioner Jonson to pass Ordinance #6657 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #66581 for first reading and read it by title only. motion Commissioner Gray moved to pass Ordinance #6658-01 on first reading. The was duly seconded and upon roll call, the vote was: mcc04b01 13 04/19/01 “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6659-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6659-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6660-01, #6661-01 & #6662-01 ITEM #17 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2053 The Mall, Brooklawn Sub., Blk H, Lot J. B. GrammaticoPLD 11 ()() The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of August 8, 1985. The City has been providing water service to the subject property following the ATA agreement and capacity continues to be available for this utility. Therefore, the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. The proposed annexation and the existing use are consistent with both the City’s Comprehensive Plan and the Countywide Plan with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single family residential home is consistent with the LMDR zoning district. One February 6, 2001, the applicants paid the one time open space fee of $200 due the City. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the property located at 2053 The Mall; 2) recommend approval of the Residential Urban and Preservation plan categories pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. Commissioner Hamilton moved to approve the annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR motion Zoning, 2053 The Mall, Brooklawn Subdivision, Block H, Lot 11. The was duly carried seconded and unanimously. The City Attorney presented Ordinance #6660-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6660-01 on first reading. The was duly seconded and upon roll call, the vote was: mcc04b01 14 04/19/01 “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6661-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6661-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6662-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6662-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6663-01, #6664-01 & #6665-01 ITEM #18 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2049 The Mall, Brooklawn Sub., Blk H, Lot George M. Cecere & Helen M. BradleyPLD 12 ()() The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of April 9, 1984. The City has been providing water service to the subject property since April 6, 1987, and capacity continues to be available for this utility. Therefore, the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. The proposed annexation and the existing use are consistent with both the City’s Comprehensive Plan and the Countywide Plan with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single family residential home is consistent with the LMDR zoning district. The payment of $200 open space fee is due to the City prior to the adoption of the associated ordinances on May 3, 2001, by the City Commission. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the property located at 2049 The Mall; 2) recommend approval of the Residential Urban and Preservation plan categories pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. mcc04b01 15 04/19/01 Commissioner Hamilton moved to approve the annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR motion Zoning, 2049 The Mall, Brooklawn Subdivision, Block H, Lot 12. The was duly carried seconded and unanimously. The City Attorney presented Ordinance #6663-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6663-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6664-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6664-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6665-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6665-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6666-01, #6667-01 & #6668-01 ITEM #19 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2067 The Mall, Brooklawn Sub., Blk H, Lot Cimmarie L. CrockerPLD 1 ()() The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of June 21, 1984. The City has been providing water service to the subject property following the ATA agreement and capacity continues to be available for this utility. Therefore, the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. The proposed annexation and the existing use are consistent with both the City’s Comprehensive Plan and the Countywide Plan with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single family residential mcc04b01 16 04/19/01 home is consistent with the LMDR zoning district. The payment of $200 open space fee is due to the City prior to the adoption of the associated ordinances on May 3, 2001, by the City Commission. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the property located at 2067 The Mall; 2) recommend approval of the Residential Urban and Preservation plan categories pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. Commissioner Hamilton moved to approve the annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR motion Zoning, 2067 The Mall, Brooklawn Subdivision, Block H, Lot 1. The was duly carried seconded and unanimously. The City Attorney presented Ordinance #6666-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6666-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6667-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6667-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6668-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6668-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6669-01, #6670-01 & #6671-01 ITEM #20 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2056 The Mall, Brooklawn Sub., Blk G, Lot Neil R. & Ilene M. De'RemerPLD 10 ()() The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of September 11, 1984. The City has been providing water service to the subject property since September 11, mcc04b01 17 04/19/01 1984, and capacity continues to be available for this utility. Therefore, the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. The existing and future use of this site as a single family residential home is consistent with the LMDR zoning district. The payment of a one-time $200 open space fee is due to the City prior to the adoption of the associated ordinances on May 3, 2001, by the City Commission. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the property located at 2056 The Mall; 2) recommend approval of the Residential Urban and Preservation plan categories pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. Commissioner Hamilton moved to approve the annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR motion Zoning, 2056 The Mall, Brooklawn Subdivision, Block G, Lot 10. The was duly carried seconded and unanimously. The City Attorney presented Ordinance #6669-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6669-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6670-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6670-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6671-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6671-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. mcc04b01 18 04/19/01 Ords. #6672-01, #6673-01 & #6674-01 ITEM #21 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1717 El Trinidad Drive East, Virginia Grove Paul M. & Julie M. GramblinPLD Terrace, Blk 1, Lot 5 ()() The City is initiating this annexation request to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of December 17, 1985. The City has been providing water service to the subject property since December 17, 1985, and capacity continues to be available for this utility. Therefore, the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. The proposed annexation and the existing use are consistent with both the City’s Comprehensive Plan and the Countywide Plan with regard to the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single family residential home is consistent with the LMDR zoning district. The payment of $200 open space fee is due to the City prior to the adoption of the associated ordinances on May 3, 2001, by the City Commission. Based on the above analysis, the Planning Department recommends the following actions: 1) Recommend approval of the annexation of the property located at 1717 E. El Trinidad Drive; 2) recommend approval of the Residential Low plan category pursuant to the City’s Comprehensive Plan; and 3) recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City’s Community Development Code. Commissioner Hamilton moved to approve the annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR motion Zoning, 1717 El Trinidad Drive East, Virginia Grove Terrace, Block 1, Lot 5. The was carried duly seconded and unanimously. The City Attorney presented Ordinance #6672-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6672-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6673-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6673-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. mcc04b01 19 04/19/01 The City Attorney presented Ordinance #6674-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6674-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6770-01, #6771-01 & #6772-01 ITEM #22 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential/Office Limited & Office Zoning, 117 N. McMullen Booth Rd., Crystal Robert S. GrossmanPLD Heights Sub., Lots 1 & 2 ()() This site is located at 117 North McMullen Booth Road on the southeast corner of McMullen Booth and Drew Street. The site is approximately .67 acres in size. Currently, Lot 1 is developed with a duplex and a single family residential home while Lot 2 is vacant. The purpose of the annexation, land use plan amendment and rezoning is to allow the applicant to receive City sewer service and to redevelop the site for office use. The applicant is currently receiving water from the City and capacity for the project is available for this utility. The applicant is aware of the applicable sewer impact fees of $900 per property based on 5/8 inch meter. The property owner also will be responsible for the cost of extending the utility line to properly serve the proposed office development. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) the proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) the proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council (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. mcc04b01 20 04/19/01 The Community Development Board reviewed these applications at their public hearing meeting of March 20, 2001, and unanimously recommended approval of all applications. Commissioner Hamilton moved to approve the annexation of property located at 117 North McMullen Booth Road (Lots 1 and 2, Crystal Heights Subdivision in Section 16, Township 29 South, Range 16 East), a Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office Limited (R/OL), and a Zoning Atlas Amendment from motion County Zoning Residential, Single Family (R-3) District to City Office (O) District. The carried was duly seconded and unanimously. Commissioner Gray was absent. The City Attorney presented Ordinance #6770-01 for first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6770-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Hamilton, Jonson, and Aungst. “Nays”: None. Absent: Gray. The City Attorney presented Ordinance #6771-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6771-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Hamilton, Jonson, and Aungst. “Nays”: None. Absent: Gray. The City Attorney presented Ordinance #6772-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6772-01 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Hamilton, Jonson, and Aungst. “Nays”: None. Absent: Gray. Ords. #6773-01, #6774-01 & #6775-01 ITEM #23 - Public Hearing & First Reading - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1751 Cardinal Dr., Pinellas Terrace, part of Aldo YoannonPLD Lots 68 & 69 ()() This site is located at 1751 Cardinal Drive, approximately 700 feet north of State Road 590. The subject property is currently zoned (R-3), Residential, Single Family District from mcc04b01 21 04/19/01 Pinellas County with a land use plan designation of Residential Low. The purpose of this voluntary annexation is to enable the applicant to receive sewer service from the City. The current use of the property is a single family residential home and the site is approximately .19 acres in size. The applicant is currently receiving water service from Pinellas County and will continue to do so. The property can be served by the City’s sanitary sewer service and adequate capacity exists to serve the proposed annexation. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) the proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) the proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation requires a review by the PPC. 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 that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will not be required for the plan amendment. The Community Development Board reviewed these applications at their public hearing of March 20, 2001, and unanimously recommended approval of all applications. Commissioner Jonson moved to approve annexation of property located at 1751 Cardinal Drive (North 72 feet of Lot 69 and the South 3 feet of Lot 68 of Pinellas Terrace in Section 05, Township 29 South, Range 16 East), a Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family (R-3) District to City Low Medium Density Residential (LMDR) motioncarried Zoning District. The was duly seconded and unanimously. The City Attorney presented Ordinance #6773-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6773-01 on first reading. The was duly seconded and upon roll call, the vote was: mcc04b01 22 04/19/01 “Ayes”: Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Absent: Hart. The City Attorney presented Ordinance #6774-01 for first reading and read it by title motion only. Commissioner Hart moved to pass Ordinance #6774-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6775-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6775-01 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ord. #6794-01 ITEM #24 - Public Hearing & First Reading - Amending Comprehensive Plan of PLD City as adopted on 5/18/00 () On February 15, 2001, the Commission approved Beach by Design: A Preliminary Design for Clearwater beach and Design Guidelines. This is a special area plan that designates a specific area of Clearwater beach a Community Redevelopment District (CRD) and contains specific redevelopment strategies. The plan recommends that the Comprehensive Plan be amended to support designation of Clearwater beach as a CRD. In reviewing the Clearwater Comprehensive Plan, staff determined that existing objectives and policies regarding redevelopment and/or Clearwater beach could be enhanced to better define the City’s redevelopment strategies in general and specifically to support redevelopment of Clearwater beach. The proposed ordinance contains amendments to the Future Land Use Element, Transportation Element, Coastal Management Element and Capital Improvements Element. Some objectives and policies were revised and some new ones were added. A summary of the amendments is as follows: Future Land Use Element 1) Revised Objective 1.2 to allow maximum density of coastal areas to exceed the density permitted by the Countywide Future Land Use designation where allowed by Beach by Design; 2) revised Objective 2.1 to encourage the redevelopment of substandard, inefficient and/or obsolete areas, in addition to blighted area, through the implementation of special plans, the construction of catalytic private projects, and City investment; 3) revised Policies 2.1.1 – 2.1.7 by adding 5 new policies and renumbering existing policies. Policy 2.1.1 encourages redevelopment through the use of development incentives such as density bonuses and the mcc04b01 23 04/19/01 use of TDRs (transfer of development rights). Policy 2.1.2 was revised to encourage the renewal of the beach tourist district pursuant to Beach by Design to be designated as a Community Redevelopment District on the Countywide Future Land Use map. Policy 2.1.4 was revised to specify the 3 areas on Clearwater Beach that are eligible for the density pool of additional hotel rooms created by Beach by Design. Policy 2.1.5 was revised to require that the City track the allocation of units from the density pool permitted by Beach by Design. The remaining policies were renumbered; 4) revised Policy 2.5.3 to require that pedestrian and bicycle improvements on Clearwater beach adhere to the policies and design guidelines of Beach by Design; 5) added new Policy 2.5.4 that requires a full evaluation of the arrival and distribution system on Clearwater beach upon completion of the design of the new Memorial Causeway Bridge; 6) added new Policy 2.5.5 that requires the evaluation of an intra-beach transit system on Clearwater Beach and to investigate potential funding sources; and 7) revised Policy 3.2.1 to permit allowable intensity standards established within plan categories to be exceeded when allowed by approved special area plans and redevelopment plans approved by the Commission. Also added language to the plan classification chart to allow maximum density/intensity in the Resort Facilities High (RFH) designation to be as set for in Beach by Design. Transportation Element: 1) Added new Objective 5.6 that requires the City to monitor seasonal traffic on Clearwater beach and explore methods to address issues identified; and 2) added new Policy 5.6.1 that requires the City to evaluate the feasibility of traffic improvements on Clearwater beach including investigating funding sources. Coastal Management Element 1) Revised Policy 19.3.3 – 19.3.6. Revised 19.3.3 to encourage trolley service between Clearwater beach, Sand Key, and the other Pinellas County barrier islands south of Sand Key. Revised 19.3.4 to require the City to investigate the feasibility of an intra- barrier island transit system on Clearwater beach and to evaluate the potential funding sources. The remaining provisions were renumbered; 2) added new Policy 19.3.10 that encourages the consolidation of parking facilities open to the public on Clearwater beach; 3) added new Policy 19.3.11 that encourages public/private partnerships to provide additional new parking on Clearwater beach and to replace existing public surface parking west of South Gulfview Boulevard; 4) revised Policy 19.6.1 that requires redevelopment proposals be reviewed for compliance with the Comprehensive Plan and other plans to include review of Beach by Design; and 5) revised Objective 21.3 to allow density to be increased in the coastal zone only as allowed in the Future Land Use Element. Capital Improvements Element: Added new Policy 28.1.10 that gives priority to capital improvements associated with redevelopment plans and special area plans. The proposed amendments to the Clearwater Comprehensive Plan further refines the City’s redevelopment policies, recognizes the adoption of Beach by design, creates a Community Redevelopment District for portions of Clearwater Beach, articulates the need to analyze traffic issues on Clearwater Beach and find solutions to those issues, supports the relocation of public parking from gulf-front property, encourages alternative modes of transportation on Clearwater Beach, supports public/private partnerships to provide public parking on Clearwater Beach, and supporting integrating improvements proposed by special area plans into the capital improvement budget process. These proposed amendments further the goals and many objectives already included in the Comprehensive Plan. mcc04b01 24 04/19/01 In response to a question, Mr. Stone said the Clearwater Point area is included in the redevelopment area as it is in Beach by Design boundaries. Only single family areas were excluded. It was suggested that notification be given to condominium owners in that area. Concern was expressed regarding traffic patterns. Mr. Stone said the Community Development Board recommended approval and moved to add language to one of the polices regarding redevelopment of the beach. No public comment was received. In response to a question, Mr. Stone said the height limitations is being lowered. Commissioner Hamilton moved to amend the Comprehensive Plan of City as adopted motioncarried on May 18, 2000. The was duly seconded and unanimously. The City Attorney presented Ordinance #6794-01 for first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6794-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Res. # 01-14 ITEM #25 - Public Hearing - - Requesting amendment of Countywide Future Land Use Plan to recognize portions of Clearwater Beach as a Community Redevelopment PLD District () On February 15, 2001, the Commission approved Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Beach by Design is a special area plan, which designates a specific area of Clearwater Beach as a Community Redevelopment District (CRD) and governs development potential within that area. In a companion item, Ordinance #6794-01 proposes amendments to the Clearwater Comprehensive Plan relating to Beach by Design. These amendments recognize the existence of this special area plan that governs development potential on Clearwater beach. The Pinellas Planning Council Rules specify that amendments to local plans that relate to and are governed by the criteria and standards of the Countywide Rules shall be submitted to the Pinellas Planning Council for a determination of consistency. All local government future land use plans must be consistent with the Countywide Future Land Use Plan. The Rules recognize the use of special area plans and community redevelopment districts. In order to gain consistency between the Clearwater Comprehensive Plan (as amended by Ordinance #6794-01) and the Countywide Future Land Use Plan, the Countywide Future Land Use map must be amended to reflect the Community Redevelopment District on Clearwater Beach governed by Beach by Design. mcc04b01 25 04/19/01 Local governments must initiate amendments to the Countywide Future Land Use Plan. Resolution #01-14 requests the amendment of the Countywide Future Land Use Plan to recognize Beach by Design as the special area plan for Clearwater Beach amending this area to Community Redevelopment District. Commissioner Gray moved to approve initiation of request to amend the Countywide Future Land Use Plan to designate portions of Clearwater beach as a Community motioncarried Redevelopment District. The was duly seconded and unanimously. The City Attorney presented Resolution #01-14 and read it by title only. Commissioner motion Hamilton moved to pass and adopt Resolution #01-14. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ords. #6764-01 & #6765-01 ITEM #26 - Public Hearing & First Reading - Land Use Plan Amendment to Resort Facilities High & Tourist Zoning, 1919 Edgewater Dr./Sunset Point Rd., Bay View Hotel, Inc.PLD Sunset Point Sub., Lots 6 & 7 and W15' of Lot 8 ()() The site is located at 1919 Edgewater Drive/Sunset Point Road on the north side of Sunset Point Road. The site is approximately 0.73 acres in size. The subject site is currently developed with duplexes. The purpose of the land use plan amendment and rezoning is to allow the applicant to redevelop the site with a viable motel combining this site with an additional 0.79 acres to the west. Additionally, the applicant has applied for a Comprehensive Infill Redevelopment Program with a Comprehensive Landscape Program to streamline redevelopment issues at this site. The existing Residential Medium plan classification will not allow the proposed motel development at this site. In recognition of this limitation, the applicant is requesting these amendments in both the future land use plan and zoning district to bring this parcel into consistency with both the Countywide Plan and the City zoning district. The proposed amendments will enable the applicant to combine these properties with the rest of his properties to the west under one zoning district and land use plan classification to conveniently redevelop the site for the intended motel use. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County mcc04b01 26 04/19/01 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 Community Development Board reviewed these applications at their public hearing meeting of March 20, 2001, and unanimously recommended approval of all applications. In response to a question, Ed Armstrong, applicant’s representative, said there would be 60 hotel units. Robert Pergolizzi, Florida Design Consultants, said a detailed traffic analysis was performed and the intersection and roadway in the area was found to be at level of service C. It was remarked that the PPC is trying to adopt limiting future development on roads with a level of service of F. Ms. Tarapani said the level of service on Edgewater Drive is F, however the volume of new cars that this project would add is 2% of the total traffic on Edgewater. She stated Mr. Pergolizzi's study addressed the intersection and cars do move through it at a level of service C. She said Edgewater Drive is a constrained roadway for cultural and scenic reasons. A decision was made not to make lane improvements in that area and no major improvements are scheduled by the County or State. Commissioner Hamilton moved to approve a Land Use Plan Amendment from Residential Medium (RM) to Resort Facilities High (RFH), and a Zoning Atlas Amendment from Medium Density Residential (MDR) District to Tourist District (T), for Lots 6 and 7, together with the West 15 feet of Lot 8, Sunset Point Subdivision in Section 03, Township 29 South, Range motioncarried 15 East. The was duly seconded and unanimously. The City Attorney presented Ordinance #6764-01 on first reading and read it by title motion only. Commissioner Jonson moved to pass Ordinance #6764-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. The City Attorney presented Ordinance #6765-01 on first reading and read it by title motion only. Commissioner Gray moved to pass Ordinance #6765-01 on first reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Public Hearing - Second Reading Ordinances Ord. #6641-01Downtown Clearwater Periphery Plan ITEM #27 - - Relating to ; adopting an amended periphery plan mcc04b01 27 04/19/01 The City Attorney presented Ordinance #6641-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6641-01 on second and final motion reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ord. #6639-01Northwest Expansion Area ITEM #28 - - Downtown Zoning for of Periphery Plan (bounded by Clearwater Harbor on the west; Nicholson Street to the north; Pinellas Trail & Myrtle Avenue to the east; & Jones Street to the south) The City Attorney presented Ordinance #6639-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6639-01 on second and motion final reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ord. #6640-01Southwest Expansion Area ITEM #29 - - Downtown Zoning for of Periphery Plan (bounded by S. Ft. Harrison Avenue to the west; Chestnut Street to the north; Pinellas Trail & East Avenue to the east; and Druid Road to the south) The City Attorney presented Ordinance #6640-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6640-01 on second and final motion reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ord. #6684-01 ITEM #30 - - Annexation (& redefining boundary lines of City to include said City addition), 1281 S. Hercules Ave., Sec. 24-29-15, M&B 12.02 () The City Attorney presented Ordinance #6684-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6684-01 on second and motion final reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ord. #6685-01 ITEM #31 - - Land Use Plan Amendment to Preservation and Recreation/Open City Space, 1281 S. Hercules Ave., Sec. 24-29-15, M&B 12.02 () mcc04b01 28 04/19/01 The City Attorney presented Ordinance #6685-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6685-01 on second and final motion reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ord. #6686-01 ITEM #32 - - Preservation and OS/R Zoning, 1281 S. Hercules Ave., Sec. 24- City 29-15, M&B 12.02 () The City Attorney presented Ordinance #6686-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6686-01 on second and motion final reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Ord. #6763-01 ITEM #33 - - amending City's Recreation and Open Space Land Dedication Ordinance; amending Ch. 54 re impact fees The City Attorney presented Ordinance #6763-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6763-01 on second and motion final reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Jonson, and Aungst. “Nays”: None. Absent: Hamilton. Ord. #6768-01 ITEM #34 - - Vacating northeasterly 2' of 5' drainage & utility easement, less and except southeasterly 6' thereof, said easement lying along southwesterly lot line of Lot Day 126, Morningside Estates Unit 1, 1301 Williams Drive (, V2001-02) The City Attorney presented Ordinance #6768-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6768-01 on second and final motion reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Gray, Hamilton, Jonson, and Aungst. “Nays”: None. mcc04b01 29 04/19/01 Ord. #6769-01 ITEM #35 - - Vacating easement or a portion thereof as described in OR 5486 pg. 288, OR 5493 pg. 48 & OR 5485 pg. 1585, all located in Sec.19-29-16, M&B 44.04 Quality Self Storage VI (, V2001-04) The City Attorney presented Ordinance #6769-01 for second reading and read it by title only. Roger Larsen, representative for the applicant, said the applicant proposes to build a storage facility and reroute the easement so it does not encroach upon the buildings. He said the easement area was granted in the 1980s and 1990s by the owner and the applicant now owns it. Those easements provided that the grantor would never be obligated to maintain or repair it. Installation of the sewer line was the reason for the easement area to be rerouted, but the property owners surrounding that area requested the applicant make the sewer line a gravity fed system. In order to do that, the sewer line had to be moved. He said the easement is 5 feet either side of the sewer line so it would not encroach into the easement. A portion of the pavement will be dug up and repaired afterward. The landscaping also will be replaced. He said concern had been expressed regarding the face of the building. He said it was designed in order to maintain the aesthetics and includes a mansard roof and fake windows on a stucco building and will be consistent with an office use. Staff has agreed to repair the sewer line if necessary. The sanitary sewer easement is in place of the purposing of granting it back to the City. The applicant will contribute $1,000 towards paving if the office association decides to repave it. In response to a question, Mr. Larsen said the sewer system cannot be moved another foot because of the size of the building. Maintenance of the line is easier as it is proposed. Concern was expressed that the permit approval was for clearing and grubbing and 2 and 3 foot wide oak trees were removed. Mr. Larsen said the site plan had been approved over a year ago. Mr. Quillen said his department does not administer clearing and grubbing permits but does consider site preparation including removing trees. Commissioner Gray moved to pass and adopt Ordinance #6769-01 on second and final motion reading. The was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Jonson, and Aungst. “Nays”: Hart and Hamilton. carried Motion . CITY MANAGER REPORTS CONSENT AGENDA (Items #36-47) - Approved less Items #42 & #44. 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 #36 - Approval of Purchases per Purchasing Memorandum: mcc04b01 30 04/19/01 grounds maintenance 1) Laub Maintenance Inc., for 9 facilities in City, 4/20/01-4/30/02, est. PR $60,000 () gas materials 2) M.T. Deason Co., Inc., - meters & regulators, 5/1/01-4/30/02, est. $150,000 GAS () gas materials 3) Equipment Controls, - meters & regulators, 5/1/01-4/30/02, est. $37,000 GAS () gas materials 4) The Avanti Company, - meters & regulators, 5/1/01-4/30/02, est. $55,000 GAS () grounds maintenance 5) KTK Industries, Inc., for beach roundabout reclaimed water storage facility, N. Greenwood Police Dept., Safety Village, Fire Stations 3, 4, & 5, and Countryside PR Police Dept., 4/20/01-4/30/02, est. $31,500 () city manager searchHR 6) DMG Maximus, , est. $30,000 () misc. materials, supplies, & parts 7) Hughes Supply, Inc., , 4/20/01-4/30/02, $75,000 PU/WCC () two 2001 Peterbilt cab & chassis 8) Peterbilt of Central Florida, with Heil DPF 7000, 28 yard side loader body, replacements, $306,082; financing to be provided under City's Master GS Lease-Purchase Agreement () ITEM #37 - Approve transfer of $28,850.01 received from Clearwater Housing Authority for payment in lieu of taxesPD to the Clearwater Homeless Intervention Project, Inc. (CHIP)() Long Center ITEM #38 - Approve Agreement with Pinellas Community Center, Inc., d/b/a ; PR approve release of Penny for Pinellas funds in the amount $1,000,000 () ITEM #39 - Accept grant & approve corresponding agreement from Juvenile Welfare Board, summer campPR totaling $72,955 for 100% funding of 3 programs () 2001 Tennis Court Resurfacing Contract ITEM #40 - Approve with Welch Tennis Courts, Inc., for $38,060; approve transfer of $8,020 from Park Amenities Purchase and Replacement PW (CIP 3213) at mid year () Water Treatment Facility ITEM #41 - Approve Work Order to McKim & Creed, for , for PW $631,400 () ITEM #42 – See Page 33. CLK ITEM #43 - Elect Commissioner Hart Vice-Mayor () ITEM #44 – See Page 34. mcc04b01 31 04/19/01 ITEM #45 - Drainage & Utility Easement - 1513 Owen Dr., Sec. 8-29-16, M&B 22.06 (James ThackerSamsonCA W. & Angela M. )() ITEM #46 - Subrogation Agreements with Florida Power Corporation and Time Warner CA Communications, Inc. re City v. The Oaks of Clearwater, Inc., et al. () ITEM #47 - Consent to assignment of joint public/private project agreement re Clearwater Bay CA Marina, Inc. v. City to Decade 80-XIV () Ms. Goudeau said Items #42 & #44 need to be pulled from the Consent Agenda. Commissioner Gray moved to approve the Consent Agenda, less Items #42 and #44, motion and that the appropriate officials be authorized to execute same. The was duly carried seconded and unanimously. Neighborhood Conservation Overlay District ITEM #42 - Approve initiation of a for Island PLD Estates () A Neighborhood Conservation Overlay District is meant to “provide a means of ensuring that infill and redevelopment activities in existing stable residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood”. In order to initiate the process of designation, a neighborhood must fulfill a series of qualifying criteria including but not limited to a minimum of 60% neighborhood approval, increasing property values and less than 10% of properties with Code violations. Island Estates has fulfilled all of the criteria. The process requires at least 4 public meetings to be organized and carried out by a resident advisory committee. These meetings must be held within 90 days of the initiation of the planning process. The process also requires that 7 citizens from the neighborhood be appointed to an Advisory Committee with 4 alternates. The members proposed by the neighborhood to be appointed are: Fran Briskman, Sheila Cole, John Heckert, Dan Molino, Chuck Stebbins, Jim Steenson, and Curt Walden with alternates: Phylis Boksen, Angus McNeely, Sheron Nichols, and Lars Warn. In response to a question, Mr. Stone said this is an interactive process. No vote is required by the neighborhood regarding the overlay specifications. The item goes to the CDB, then the Commission for approval. He said the Commission has the ability to request certain tasks. Two persons spoke in opposition of the item expressing concern that there is no assurance that property rights would not be violated, concern that clients did not realize they would not be able to vote on the standards, and a request that a line item vote on each standard be required. mcc04b01 32 04/19/01 In response to a question, Mr. Stone said if someone comes forward with a problem, once the specifications are adopted, the Study Committee would no longer exist and the issue could come to the Commission for resolution. There is a requirement that the neighborhood participate on a regular basis to educate residents on regulations. They are to try to obtain voluntary compliance. Ms. Akin said the overlay district becomes part of the Zoning Atlas, which means the rules become enforceable as would any other violation. It was felt the standards should go back to the neighborhood for a vote. Mr. Stone said if the overlay process does not work, the Commission would need to amend the Community Development Code to return to a uniform set of regulations. Discussion ensued with concerns being expressed regarding the impact on Code Enforcement, the need to clarify the powers of the Study Committee and that those signing the initial petition thinking they would vote on the recommended specifications. Consensus was to amend the Community Development Code to require the specifications be voted on by the neighborhood; only those receiving 60% approval be brought forward and to tell other neighborhoods considering an overlay that there will be a one-year trial with the two neighborhoods currently in process before others are brought forward. Commissioner Hamilton moved to continue Item #42. In response to a question, Ms. Akin said this is an amendment to the Community Development Code and would have to go back to the Community Development Board. Concern was expressed that delaying this item would affect the Coachman Ridge process. Ms. Akin said she felt the Commission should not retroactively make Coachman Ridge change to this process in midstream. Mr. Horne said this continuance would stop the Island Estates process. motioncarried The was duly seconded and upon the vote being taken, it unanimously. Commission members to Regional & Miscellaneous Boards ITEM #44 - Appoint : Mayor - Performing Arts Center & Theater Board of Directors & Emergency Medical Services Advisory Council; Hart - Florida League of Cities Board of Directors, Mayor's Council of Pinellas County, Pinellas WorkNet Board, Pinellas Planning Council, Metropolitan Planning Organization, & Pension Advisory Committee; Gray - C.H.I.P. Board of Directors, Tampa Bay Partnership Policy Board, St. Petersburg/Clearwater Area Economic Development Council, & Pension Advisory Committee; Hamilton - Chi Chi Rodriguez Youth Foundation Board of Directors, Jolley Trolley Transportation of Clearwater, Inc. Board of Directors, & Long Center Board of Directors; Jonson - Tampa Bay Regional Planning Council, Suncoast League of Municipalities Board of Directors, Tampa Bay Estuary Policy Board, Pinellas Suncoast Transit Authority, & CLK Pension Advisory Committee () The City Clerk indicated Vice-Mayor Hart has identified a conflict with Pinellas Planning Council and WorkNet Board, both to which he wasto be appointed. Commissioner Hamilton said he would serve on the WorkNet board. mcc04b01 33 04/19/01 Commissioner Gray moved to appoint the Commission members to the regional and miscellaneous boards as listed with the WorkNet Board being amended to appoint motioncarried Commissioner Hamilton. The was duly seconded and unanimously. OTHER ITEMS ON CITY MANAGER REPORT Res. #01-25 ITEM #48 - - rescinding Res. #97-30; authorizing termination of Joint Participation Agreement with FDOT re construction of a new terminal building at Clearwater Airpark dated MR 5/16/97 () The (FDOT) Florida Department of Transportation agreed to provide 50% reimbursable funding for the construction of a new flight operations terminal building at Clearwater Airpark, 1000 North Hercules Avenue on Resolution #97-30. The project was estimated to cost $200,000. The FDOT had programmed $100,000 in the State’s FY 96/97 budget that ended June 30, 1997. An extension was sought and obtained to extend the date to March 10, 2002. This JPA (Joint Participation Agreement) was signed in 1997 with the intent of replacing the existing FBO (Fixed Based Operator) building in kind with a similar size structure in the same location. The Master Plan calls for a larger building in a different location. The FDOT has recommended terminating JPA agreement FM#40298018401, Contract No: AE-078, (Old WPI #7826659, Job No: 15007-3877 Contract No: AE-078), so that the dollars encumbered in this project can be applied to other Airpark projects that are addressed in the current Master Plan. We will not “lose” the $100,000 in funding as it will be applied to a future project that is in accordance with the approved Master Plan. In response to a question, Mr. Morris said the total cost of the Master Plan over 20 years is $20 million. Commissioner Hart moved to adopt Resolution #01-25, rescinding Resolution #97-30 that authorized a Joint Participation Agreement (JPA) between the City and the FDOT, to construct a new terminal building at Clearwater Airpark, now postponed until a future date. motion carried The was duly seconded and unanimously. Commissioner Gray was absent. The City Attorney presented Resolution #01-25 and read it by title only. Commissioner motion Hamilton moved to pass and adopt Resolution #01-25. The was duly seconded and upon roll call, the vote was: “Ayes”: Hart, Hamilton, Jonson, and Aungst. “Nays”: None. Absent: Gray. ITEM #49 - Presentation - Beach Traffic Study Note: This item was actually heard prior to Item #8. mcc04b01 34 04/19/01 Brian Johnson, DKS Engineer, gave a presentation regarding the beach traffic study including: 1) objectives of the study; 2) existing conditions; 3) future conditions; and 4) a summary of the findings and recommendations. In response to a question, Mr. Johnson said a driveway on the west side of Coronado would service the Marriott Seashell Resort. Inbound and outbound lanes would access the parking garage. He said the design guidelines follow Beach by Design guidelines and no consideration was given to one-way pairs between South Gulfview and Coronado. He said one-way pairs historically can create problems regarding access and circulation to and from local businesses. Ms. Arasteh said South Gulfview has several pedestrian crossings and one-way pairs is not pedestrian friendly. In response to a question, Mr. Johnson said the data related to future loading of traffic indicates that after implementing a curvilinear for Gulfview, counts and other data were used to determine that traffic levels would remain the same with the narrower, winding road and no parking because traffic would be reassigned to Coronado. The Marriott Seashell Resort would not add a significant amount to the traffic on Gulfview. He said he did not account for the reduction in circulation of people looking for a parking space as that data is too difficult to determine. Mr. Johnson said left turns were considered to ensure the roadway would function. He said the final configuration of the Days Inn is still in the plan. In response to a question, he said if a decision is made to terminate or cut off the portion of First street and Gulfview, that action would force traffic to go west on First street then on Coronado. Both streets would need to be widened to a 4-lane section. Ms. Arasteh said those decisions are dependent upon geometry that will be considered in stage 2. No recommendations can be made at this time. Ms. Arasteh said this model is a conservative approach. She said the curvilinear location of Gulfview has not been finalized. In response to a question, Mr. Johnson said there are a number of related factors that cause the Roundabout to fail at certain times. Basically, it is the bottleneck of traffic at the north end. He said the Roundabout is a complicated issue that has not been included in this report. He said only right hand turns into “eyebrow” lots are being recommended. No parking would be permitted on either side of Gulfview. Mr. Johnson said if more traffic was moved from South Gulfview to Coronado, Coronado could handle 20% to 30% increased traffic except at the south end at the intersection of Hamden. That would put more pressure on the left turn that is already difficult to handle. If proper access controls are provided with a turn lane, the traffic could be accommodated. Consideration is being given to widening the north lane of Hamden to provide a left turn lane to reduce conflicts. He estimated the vehicle capacity could approach 700. Hamden to South Gulfview would be 3 lanes. These issues will be addressed in terms of intersection improvements. Mr. Johnson said the roundabout experiences increased traffic volumes during peak times and it is not practical to provide sufficient roadway capacity to handle that volume. Ms. Arasteh said this study indicates there is not enough geometrical information to expand the study regarding moving traffic from one end of the beach to the other. In response to a question, Mr. Johnson said it is more effective to design South Gulfview as 3 lanes with a center lane rather than 4 lanes. He said it does not appear to be practical to reverse the center lane for certain times of the day, as directionality is not a mcc04b01 35 04/19/01 factor. Although there are more back-ups northbound than southbound and at certain times of day, the traffic volumes are comparable throughout the day. It was remarked that regardless of roadway configurations, etc., until mass transit is designed to free roads for beach residents, traffic problems will continue. Mr. Johnson said mass transit is part of the plan and he encouraged its use. Pedestrian facilities would be enhanced and appropriate signage to tell people where parking is and when it is available also would help direct traffic to the nearest parking space. Mr. Stone said DKS was hired to test the direction provided them in Beach by Design, not to solve traffic issues. The study shows Beach by Design can be implemented without negatively affecting traffic In response to a question, Mr. Johnson said it is difficult to determine if there would be more traffic on Coronado once signage, etc. is changed, as there would continue to be attractions and distractions along the way. Concern was expressed that tourists seeking to secure an open parking space would try to make an illegal left turn. Mr. Johnson said the Marriott Seashell Resort facility would design the entrances to attempt to prevent that type of scenario. He said Third Street and either Fifth or First Street could be closed without a negative effect on traffic flow. He suggested providing 2 cross streets to ensure circulation into the area. CLK ITEM #50 - Community Development Board - appointment for alternate member () The Mayor reported Mr. Hemerick has withdrawn his name from consideration. Commissioner Hamilton moved to appoint Frank Hibbard. It was remarked that this board is a critical one. One person spoke regarding the appointment requesting that the Commission review the CDB and place a limitation on absences and recusals. motioncarried The was duly seconded and unanimously. CLK ITEM #51 - Long Center Board of Trustees - 1 appointment () Ms. Goudeau said this board does not require the member to be a Commission member. She said former Commissioner J.B. Johnson is not interested in continuing to serve on this board. She recommended continuing this item until potential candidates’ names are compiled. motion Commissioner Hamilton moved to continue Item #51. The was duly seconded carried and unanimously. ITEM #52 - Other Pending Matters - None. mcc04b01 36 04/19/01 CITY ATTORNEY REPORTS ITEM #53 - Other City Attorney Items a)Quality Self-Storage VI Land Sanitary Sewer Easement - Sec. 19-29-16, M&B 44.05 ( Trust ) In response to a question, Ms. Akin said these types of items are normally on the Consent Agenda, but this one was associated with ordinance approval, Item #35. Commissioner Gray moved to accept a Sanitary Sewer Easement in Sec. 19-29-16, motion M&B 44.05 from Quality Self-Storage VI Land Trust. The was duly seconded and carried unanimously. ITEM #54 - City Manager Verbal Reports - None. ITEM #55 - Other Commission Action Commissioner Jonson encouraged everyone to dispose of trash properly. Commissioner Hamilton encouraged everyone to enjoy the Fun N Sun activities and volleyball on the beach. ITEM #56 - Adjournment The meeting adjourned at 11:48 p.m. mcc04b01 37 04/19/01 . . I '. CITY ATTORNEY REPORTS ITEM #53 - Other City Attorney Items a) Sanitary Sewer Easement - Sec. 19-29-16, M&B 44.05 (Quality Self-Storage VI land Trust) In response to a question, Ms. Akin said these types of items are normally on the Consent Agenda, but this one was associated with ordinance approval, Item #35. Commissioner Gray moved to accept a Sanitary Sewer Easement in Sec. 19-29-16, M&B 44.05 from Quality Self-Storage VI Land Trust. The motion was duly seconded and carried unanimously. ITEM #54 - City Manaqer Verbal Reports - None. ITEM #55 - Other Commission Action Commissioner Jonson encouraged everyone to dispose of trash properly. Commissioner Hamilton encouraged everyone to enjoy the Fun N Sun activities and volleyball on the beach. ITEM #56 - Adjournment The meeting adjourned at 11 :48 p.m. ATTEST: rr~c:- fL. {J'D'. " City Clerk ~~ner mcc04bO 1 38 04/19/01