01/23/1997 (2)
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 23, 1997 - 6:00 P.M. - County Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name. and addreSi~. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PAAT'CIPA TE IN THIS MEETING;
SHOULD CALL 813/462-6684.
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Commuter Rail - Commissioner Turanchik
6. Approval of Minutes - Regular Meeting
1/9/97 & Special Meetings 1/6/97 &
1/14/97 (attorney/client)
7. Citizens to be heard re items not on the Agenda
1. Rev. Otis Green, Everybody's Tabernacle.
2. Mayor.
3. None.
4. Employee of Month - 1 2/96 - Jana Fine,
Library - 1/97 - Gloria Nims, Library.
Proclamation:
National Burn Awareness Week - 2/2-8/97
5. a) Presentation made. Staff to pursue
demonstration project.
6. Approved as submitted.
Jay Keyes submitted a petition opposed to a parking lot on the west end of Memorial Causeway. He
.tA~ated the Clearwate.r Beach Association wo~ld like the land that remains after the removal of beach
tater tower to remaIn open.
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PUBLIC HEARINGS
Not Before 6:00 P.M.
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions.
Comments in support and in opposition (3 minutes per speaker).
Commission questions.
Final rebuttal by applicant or representative 15 minutes).
Commission disposition
8. Public Hearing & First Reading Ord. #6119-
97 - Vacating S 3' of N 7.5' utility easement
and the E 2.5' of the W 10' utility easement
lying in Lot 5, Beckett Lake Estates, Blk 1
(Crabbe, V96-14) (EN)
8. Approved. Ord. #6119-97 passed 1 st
reading.
Public Hearing ~ Second Reading Ordinances
9. Ord. #6109-97 - adopting 1992 Edition of
the Fire Prevention Code of the National Fire
Protection Association, NFPA-1
01/23/97
9. Ord. #6109-97 adopted.
1
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~10. Ord. #6114-97 - Annexation for property 10. Ord. #6114-97 adopted.
, "."~' located at 1310 N. Hercules Ave. & 1965,
1979 & 1985 Carroll St., Hercules Industrial
Park, Lots 33-35, 37-39 and part of Tract A
Replat of Blks 1-19, Marymont Sub., with
abutting vacated r-o-w of Overlea St. (Walker
1 Word 1 Metal Industries, Inc" A96-29)
11. Ord. #6115-97 - IL Zoning for property 11. Ord. #6115 adopted.
located at 1310 N. Hercules Ave. & 1965,
1979 & 1985 Carroll St., Hercules Industrial
, Park, Lots 33-35, 37-39 and part of Tract A
Replot of Blks 1-19, Marymont Sub., with
abutting vacated r-o-w of Overlea St. (Walker
1 Word 1 Metal Industries, Inc., A96-29)
12. Ord. #6117-97 -providing a rate structure to 12. Ord. #6117-97 adopted.
operate in the roll off business in competition
with private companies and approves the FY
1996/97 investment of approximately
$235,400 in additional containers and
compactors to support enterprise
13. Not Public Hearing - Purchase approx. 70 13. Approved.
steel open top roll.off containers from
Industrial Refuse Sales, Inc., Lakeland, FL, on
an "as needed" basis, at an est. total
I,:) . $1 90,400 (SW)
14. Ord. #6118-97 - Creating Sees. 22.88-22.91 14. Ord. #6118-97 adopted as amended.
to provide for alcoholic beverage special
event permits and to provide a permitting
procedure for issuance of such permits upon
certain conditions; amending Sees. 6.31 &
22.59 to exempt such permitted sales and
consumption from certain prohibitions
15. Ord. # 6122-97 - Amending Sec. 22.24 to 15. Ord. #6122-97 adopted.
extend City Manager's powers to regulate the
time, place and manner in which park
property is used by the public; amending Sec.
22.40 to restrict areas where dogs and other
pets will be permitted
CITY MANAGER REPORTS
CONSENT AGENDA (Items #16-20) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
~1/23/97
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~16. Approval of Purchases & Declaring property surplus per 1/14/97 memorandum (Not separate
agenda items):
Two Portable 6' vacuum assist pumps to utilize at all WPC facilities, Service Pump and
Compressor, $34,784 (EN)
Maintenance of Xerox 5090 high speed copier, Xerox Corp., 2/1/97-1/31/98, est. $31,572 (1M)
Declare a 1960 Ford Seagrave Fire Truck surplus to city needs; authorize disposal through open
market sale in accordance with Sec. 2.623, Surplus Sales under $5,000 (FN)
17. Affirm City Manager's 60 day extension of original period 12/14/96-2/12/97 & further extend
period to 1 2/13197 for purchase of remaining PO#699-8625 for black 3408 polyethylene pipe
from M. T. Deason Co., Inc., Birmingham, AL (GAS) ,
18. Accept grant increase from Substance Abuse Advisory Board for enhancements to the
Geographic Information System Grant, in the amount $32,061 with a City match of $10,688
(contraband forfeiture funds) (PO)
19. Lease renewal with Pinellas County Arts Council for city owned property located at 400 Pierce
Blvd. (Haven House), A, C. Turner's Sub., Blk 5, part of Lot 1 & Lot 2, 5 year term commencing
6/1/97, for total' rent of $1 (EN)
20. Contract for control of exotic plant species in city owned lakes & ponds to Biological Research
Associates, Inc., Tampa, FL, for the period 1/24/97-1/23/98, for $48,050 (EN)
OTHER ITEMS ON CITY MANAGER REPORT
21, Receive consultant report from O'Neil
Planning & Design, Inc.; authorize staff to
(:;) take recommended steps to address interim
issues; prepare a resolution for Commission
consideration re the establishment of a CRA
for portions of Clearwater beach; and prepare
a RFP/RFQ for Commission consideration to
solicit a consultant to prepare a CRA plan for
portions of Clearwater beach (CP)
a) Set Community Meeting re CRA on
Clearwater beach
22. Support a 352 unit Affordable Rental Housing
Development at 2900 Drew Street to be
developed by the Wilson Company - authorize
Mayor to sign needed forms; authorize a loan
of $500,000 to be effective 10/1/97 at 3%
for a 40 year term with interest only
payments for the 1 st 2 years; approve capital
improvement funding of $39,000 for sewer
lines & manhole connection; and approve
providing 4,000 cubic yards of fill from Public
Works Dept. with an est. market value of
$28,000 (ED)
23. Presentation of Strategic Framework for
Economic Development
01/23/97
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21. Received report.
a) Set for 2/11/97, 7:00 p.m., location to be
announced.
22. Approved. Authorized.
23. Presentation received.
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..-..24. First Reading Ord. #6116-97 _ Relating to 24, Ord, #6116-97 passed 1 st reading.
,.., Buildings & Building Regulations; amending
Sees, 47.181 &. 47.182 to allow payment to
the City Sidewalk Fund in lieu of construction
of a required sidewalk (Deletes Sec. 47.182)
(EN)
25. Res. #97.06 - renaming Maple Street, 25. Approved. Res. #97-06 adopted.
between Saker Ave. & Casler Ave. to Baker
Avenue (EN)
26. Other Pending Matters 26. None.
CITY A TIORNEY REPORTS
27. 'Resolutions
a} Res. #97-08 ~ Encouraging joint use of aJ Res. #97-08 adopted.
existing telecommunications towers and
structures as an alternative to new tower
construction, and encouraging joint use of
new towers
28. Other City Attorney Items
a) Set attorney/client session re Patrick Media vs. City - Possible dates: 2/13/97 at 11 :00 a.m.
and 2/18/97 at 8:30 a.m. Date to be set at 1/27/97 special meeting.
.9. City Manager Verbal Reports
Deputy City Manager announced North Greenwood Community Task Team Strategy Meeting -
1/25/97 from 1 to 5 p.m.
City Manager requested Commissioners needing another copy of draft Vision Statement to let
her know.
City Manager announced Druid Rd. at Betty Lane will be closed for 6 weeks due to Stevenson
Creek project,
Scott Shuford questioned if the Commission would object to considering sidewalk cafes in the
Mandalay Streetscape plans. No objection.
30. Commission Discussion Items
a) Countryside Recreation Center - approved summer trial of Moonlight Recreation Program.
31. Other Commission Action
.5.a.e.l requested date of major public meeting referenced by MPO's Pedestrian Advisory
Committee.
~ 123/97
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Adjournment- 10:34 p.m.
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Johnson questioned who was Mr. Shands.
Johnson indicated he supported the Voluntary Handicap Parking Enforcement, ,Commissioner
Hooper suggested those in the Fire Department trained to issue tickets get a "quick start" on the
program.
Clark. congratulated Mr. Clearwater - Bob Henderson.
Garvey congratulated the Seatons for Small Business Award. She reminded the public the next
Worksession would be 2/3/97 at the MSB, C-View Studio and 2/6/97 Commission Meeting at
the County Assembly Room. Announced City Hall renovations continue. Reminded the public of
the Saturday Farmer's Market in Station Square Park - 8 a.m. to 1 p.m.
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CITY COMMISSION MEETING
CITY OF CLEARWATER
January 23, 1 997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Bob Keller
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
, Deputy City Manager
Assistant City Manager
City Attorney ,
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:01 p.m. at the Pinellas County
Commission Assembly Room. The invocation was offered by Reverend Otis Green of
Everybody's Tabernacle. The Mayor led the Pledge of Allegiance.
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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
Jana Fine, Library Department, was presented the December 1996 Employee of the
Month award.
Gloria Nims, Library Department, was presented the January 1997 Employee of the
Month award.
Proclamation: National Burn Awareness Week - February 2 - 8, 1997
ITEM #p - Presentations
a) Commuter Rail - Commissioner Turanchik
Hillsborough County Commissioner Ed Turanchik presented an update regarding
commuter rail. He requested the City host a light-rail car demonstration for a daily labor
charge. The proposed train could use existing rails and link Clearwater with St. Petersburg,
Tampa, etc. Hillsborough County is conducting an investment study and considering a
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mcc01b.97
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01/23/97
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ITEM #7 - Citizens to be heard re items not on the Agenda
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HART Rail system. Oldsmar and Safety Harbor have joined Hillsborough's study. Pinellas
County is considering an investment study. The proposed train uses current European
technology, is designed for suburban travel, and does not require electrified tracks. He said
the transportation link will benefit commuters, tourists, and businesses. He presented
slides highlighting possible intra~county connections. He said the preliminary estimate of
the Pinellas County extension is $68-million, noting FOOT (Florida Department of
Transportation) has proposed to spend $100-million to upgrade one US 19 intersection. He
said a rail trip from downtown Clearwater to downtown St. Petersburg would take 20
minutes. He said the future of high speed rail is uncertain but felt an intra-county rail
connection is vital.
The Mayor indicated the City had sent a letter expressing interest in hosting a
demonstration. Commissioner Clark stated the MPO (Metropolitan Planning Agency) study
has not reached a conclusion at this time.
ITEM #6 - Approval of Minutes
. ~, .
Commissioner Johnson moved to approve the minutes of the regular meeting of
January 9, 1997, and the special meetings of January 6, 1997, and January 14, 1997, as
recorded and submitted in written summation by the City Clerk to each Commissioner. The
motion was duly seconded and carried unanimously.
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LJ Jay Keyes presented a petition opposing a parking lot on the West end of Memorial
Causeway. He reported the Clearwater Beach Association requests the land under the
beach water tower to remain open after the tower is removed.
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PUBLIC HEARINGS
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ITEM #8 - Public Hearing & First Reading Ord. #6119-97 - Vacating S 3' of N 7.5' utility
easement and the E 2.5' of the W 10' utility easement lying in Lot 5, Beckett Lake Estates,
Blk 1 (Crabbe, V96-14) (ENl
.....,
The applicant's swimming pool and concrete deck encroach into the easements.
The City has no existing or proposed utilities within the subject easements. Utility
companies have reviewed the proposed vacation request and have no objections.
Departments concerned with vacations have reviewed the applications and voiced no
objections. The City Engineer recommends approval.
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Commissioner Johnson moved to approve the applicant's request to vacate the
South 3 feet of the North easement, less the Northerly 4.5 feet, lying in Lot 5, Block 1,
Beckett Lake Estates Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6119-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6119-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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mcc01b.97
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01/23/97
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #9 - Ord. #6109-97 - adopting 1992 Edition of the Fire Prevention Code of the
National Fire Protection Association, NFPA-1
The City Attorney presented Ordinance #6109-97 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6109-97 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, See I and Garvey.
"Nays": None.
ITEM #10 - Ord. #6114-97 - Annexation for property located at 1310 N. Hercules Ave. &
1965, 1979 & 1985 Carroll St., Hercules Industrial Park, Lots 33-35, 37-39 and part of
Tract A Replat of Blks 1-19, Marymont Sub., with abutting vacated r-o-w of Over lea St.
(Walker / Word I Metal Industries, Inc" A96-291
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The City Attorney presented Ordinance #6114-97 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6114-97 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #11 - Ord. #6115-9.1- IL Zoning for property located at 1310 N. Hercules Ave. &
1965, 1979 & 1985 Carroll St., Hercules Industrial Park, Lots 33-35, 37-39 and part of
Tract A Replat of Blks 1-19, Marymont Sub., with abutting vacated r-o-w of Ovarlea St.
(Walker I Word / Metal Industries, Inc., A96-29)
The City Attorney presented Ordinance #6115-97 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6115-97 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
tlNays": None.
ITEM #12 - Ord. #6117-97 -providing a rate structure to operate in the roll off business in
competition with private companies and approves the FY 1996/97 investment of
approximately $235,400 in additional containers and compactors to support enterprise
o
mcc01 b.97
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01/23/97
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The City Attorney presented Ordinance #6117-97 for second reading and read It by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6117-97 on second
and final reading. The motion was duly seconded and upon roll call; the vote was:
IlAyesn: Johnson, Hooper and Garvey.
"Nays": Clark and Seel.
Motion carried.
ITEM #13 - Not Public Hearing - Purchase approximately 70 steel open top roll-off
containers from Industrial Refuse Sales, Inc., lakeland, FL, on an "as needed" basis, at an
estimated total $1 90AOO (SW)
CSW (Clearwater Solid Waste) wishes to acquire steel roll-off containers through the
city of Boynton Beach, Florida's June 20, 1995, bid award to Industrial Refuse Sales, Inc.
Industrial Refuse Sales has agreed to extend the favorable bid price to CSW. CSW is using
this company's open top roll-off containers and steel dumpsters and is pleased with the
quality. The Commission authorized CSW to begin providing roll-off service in Clearwater
in competition with private hauling companies. These containers will be used for that
service.
r:)
Commissioner Hooper moved to award a contract for the purchase of approximately
70 steel open top roll-off containers to Industrial Refuse Sales, Inc., Lakp.land, Florida, to be
purchased on an 'las needed" basis at an estimated total cost of $190,400 in accordance
with Section 2.564(1 Hd), Code of Ordinances (other governmental entity), and that the
appropriate officials be authorized to execute same. The motion was duly seconded.
Commissioners Johnson, Clark, and Hooper and Mayor Garvey voted "Aye"; Commissioner
Seel voted "Nay. If Motion carried.
ITEM #14 - Ord. #6118-97 - Creating Sees. 22.88-22.91 to provide for alcoholic beverage
special event permits and to provide a permitting procedure for issuance of such permits
upon certain conditions; amending Sees. 6.31 & 22.59 to exempt such permitted sales and
consumption from certain prohibitions
The City Attorney presented an amendment to Ordinance #6118-97.
Commissioner Clark moved to amend Ordinance #6118-97, Sec. 22.90 to add a
new Subsection (15) and to renumber the current Subsection (15) as follows: (15) all
seated (including lawn or grass seating) events shall have a non-alcoholic section where
sales or consumption is not permitted. (16) The Applicant shall pay all additional costs of
police and other city services attributable to the sales or consumption of alcoholic
beverages during the activity. The motion was duly seconded. Commissioners Clark,
Hooper and Seel and Mayor Garvey voted "Aye"; Commissioner Johnson voted "Nay,tI
Motion carried,
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mcc01 b.97
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01/23/97
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The City Attorney presented Ordinance #6118-97, as amended, for second reading
and read it by title only.
Reverend Don Hallam, Reverend Bill Anderson, Donny Mitchell, James Mott, Donald
Harris, Robert Courts, Cindy Peabody, Nancy Mason-Kachurik, Julie Scrivner, Terry lamoin,
Marvin Moore, Daniel lunt, Mary and Jesse Nieves, Vickie Gilbert, Sandy Golden, Ahem
Fitchner, Phil Roberson, Connie Parteno, Ron Coony, Bonnie Potter, Frank Barlow,
Sebastian Correra, Shelly Munoz, Carl Henry, Alan Stowell, Wayne Fulton, Karen Hutchens,
and Stephanie Harding, opposed the ordinance stating concerns regarding alcoholism, anti-
social behaviors associated with irresponsible alcohol consumption, and drunk driving
accidents that result in death and injury.
Pam Patinatno, Ellen Marcum, Roger Woodruff, Julie Nichols, Steve Fowler, Elise
Winters, Sheila Cole, Jay Keyes, and Phil Henderson, supported the ordinance stating
safeguards can be adopted, consumption of alcoholic beverages by Jazz Holiday patrons
currently is not controlled, consumption will be limited to "quality" events, associated
tournaments will fill Clearwater beach hotel rooms, sales of alcoholic beverages at events
in nearby communities have not resulted in lawsuits, etc., and revenues will be used for
scholarships, library books, etc.
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The Mayor thanked the young people in attendance for supporting their convictions.
She requested people respect each other's opinions. She said approval of the ordinance
would finance more events and provide better control. Most event activities are done by
volunteers. She questioned the lack of outrage regarding the ability of drivers to purchase
cold beer at corner gasoline stations.
Commissioner Johnson said it is a sad day for Clearwater. He said it is wrong for
the City to sponsor or co-sponsor events where alcoholic beverages are sold. He said sales
will be difficult to control at Jazz Holiday. He opposed City participation is selling alcohol.
In response to a question, Police Chief Sid Klein said 196 officers are assigned to
Jazz Holiday, averaging 50 officers each night. He said an independent review was
commissioned regarding the impact of alcoholic beverage sales at special events in other
cities. Most cities have minimum problems associated with these events. Impacts include
the need for increased police coverage. The City Manager indicated the applicant will pay
all additional expenses associated with the activity. In response to a question, Chief Klein
said current alcohol consumption is widespread at Jazz Holiday and difficult to enforce.
Commissioner Hooper said he opposes drunk driving and sales of alcoholic
beverages to minors. He is satisfied adequate safeguards are in place. He felt the venue
at special events where alcoholic beverage sales are proposed will not attract trouble-
makers.
Commissioner Seel said she is concerned about the wishes of the whole community.
She felt adults should have a choice, noting the highest standards will be established for
these events. She said non-profit organizations will not accept this responsibility lightly.
She said responsibility and moderation will be encouraged.
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Commissioner Clark said he has tried to teach his children to act responsibly. He
said it is impossible to legislate temperance and morality.
Commissioner Clark moved to pass and adopt Ordinance #6118-97 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, Seel and Garvey.
"Nays": Johnson.
Motion carried.
The Commission recessed from 8:09 to 8:26 p.m.
ITEM #15 - Ord. # 6122-97 - Amending Sec. 22.24 to extend City Manager's powers to
regulate the time, place and manner in which park property is used by the public; amending
Sec. 22.40 to restrict areas where dogs and other pets will be permitted
The City Attorney presented Ordinance #6122-97 for second reading and read it by
title only.
(:)
Tom Sehlhorst,Jay Keyes, Emma Whitney, and Ann Hudson supported the
ordinance stating some people cannot control their leashed dogs and requesting
clarification that the ordinance will not restrict dogs from all City parks but permit
enforcement of signs where needed.
Commissioner Johnson moved to pass and adopt Ordinance #61 22-97 on second
and final reading. The motion was duly seconded.
In response to a question, the City Attorney said the ordinance will clarify the ability
to enforce restrictive signs in City parks. It was stated the City Manager should use great
restraint in applying this power. In response to a question, the City Manager said the
ordinance refers to beach areas abutting parks on other bodies of water. Otherwise, City
beaches are defined as those on the Gulf of Mexico. It was noted dogs are allowed on
Courtney Campbell Causeway beaches. In response to a question, , Parks & Recreation
Director Ream Wilson said the Memorial Causeway is a scenic corridor and is treated as a
park. Dogs on leashes up to 6-feet are permitted in City parks. He said staff will use
discretion before restricting dogs from specific parks. It was suggested a leash free area
be designated for dogs at a City park such as Old Coachman Park. In response to a
question" Mr. Wilson said the City can post street ends on north Clearwater beach but
cannot restrict dogs from private beaches.
Upon roll call, the vote was:
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UAyes": Johnson, Clark, Hooper and Garvey.
UNays": Seel.
Motion carried.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #16-20) - Approved as submitted.
ITEM #16 - Approval of Purchases & Declaring property surplus per 01/14/97 memorandum
(Not separate agenda itemsl:
Two Portable 6' vacuum assist pumps to utilize at all WPC facilities, Service Pump and
Compressor, $34,784 (ENl
Maintenance of Xerox 5090 high speed copier, Xerox Corp., 02/01/97 -01131/98,
estimated $31,572 (1M)
Declare a 1960 Ford Seagrave Fire Truck surplus to City needs; authorize disposal through
open market sale in accordance with Sec. 2.623, Surplus Sales under $5,000 (FN)
ITEM #17 . Affirm City Manager's 60 day extension of original period 12/14/96 -02/12/97
& further extend period to 12113/97 for purchase of remaining PO#699-8625 for black
3408 polyethylene pipe from M. T. Deason Co., Inc., Birmingham, AL (GAS)
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ITEM #18 - Accept grant increase from Substance Abuse Advisory Board for enhancements
to the Geographic Information System Grant, In the amount $32,061 with a City match of
$10,688 (contraband forfeiture funds) (PO)
ITEM # 19 - Lease renewal with Pinellas County Arts Council for City owned property
located at 400 Pierce Blvd, (Haven House), A. C. Turner's Sub., Blk 5, part of Lot 1 & Lot
2, 5 year term commencing 06/01/97, for total rent of $1 (EN)
ITEM #20 w Contract for control of exotic plant species in City owned lakes & ponds to
Biological Research Associates, Inc., Tampa, FL, for the period 01/24/97 -01/23/98, for
$48,050 (EN)
Commissioner Clark moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #21 - Receive consultant report from O'Neil Planning & Design. Inc.; authorize staff
to take recommended steps to address interim issues; prepare a resolution for Commission
consideration re the establishment of a CRA for portions of Clearwater beach; and prepare
a RFP/RFQ for Commission consideration to solicit a consultant to prepare a CRA plan for
portions of Clearwater beach (CP)
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O'Neil Planning & Design, Inc. has completed the report evaluating the suitability of
designating portions of Clearwater beach as a CRA (Community Redevelopment Agency)
pursuant to State statutes. The report concludes the majority of conditions necessary for a
determination of need for a CRA exists on Clearwater beach. Based on the report, staff
recommends: 1) take interim steps: a) direct staff to investigate bringing S. Gulfview
Boulevard and SR 60 (West of Memorial Causeway Bridge) into City ownership and
maintenance to allow easier implementation of streetscaping and signage projects on these
primary beach roads; b) proceed with 1997 Mandalay Avenue streetscaping project; c)
pursue Clearwater beach dumpster~screening project; d) address Clearwater beach in the
code streamlining process; and e} continue comprehensive nuisance and code enforcement
efforts on Clearwater beach; 2) prepare a resolution for Commission consideration to
initiate the process to designate a CRA on Clearwater beach; and 3) prepare a RFP
(Request for Proposal) or RFQ (Request for Qualifications) to solicit a consultant to prepare
a CRA plan for Clearwater beach.
Anne O'Neil, of O'Neil Planning & Design, Inc., said the study area is South from
Acacia Street to the Clearwater Pass Bridge, excluding Bayside and Devon Drives. She
said according to Florida statute definition. Clearwater beach has no slums. To qualify as a
CRA, an area only must meet one of 7 criteria related to blight: 1) predominance of
inadequate street layout - unsafe conditions relate to street layout which was designed for
single family home development. More pedestrian crossings needed; 2) faulty lot layout -
motels built on single family lots; 3) unsanitary or unsafe - area not unsanitary. Unsafe
areas have back-out parking or lack sidewalks or bicycle paths; 4) deterioration of facilities
- facilities found to be adequate; 5) tax or special assessment delinquency - none exists; 6)
diversity of ownership ~ exists; 7) areas with inadequate street layout, parking. etc. -
adequate levels of service exist but infrastructure shortcomings exist. Ms. O'Neil said the
basis for a CRA designation on Clearwater beach does not reflect on property owners but is
based on growth taking a natural course rather than the planned one.
In response to a question, Central Permitting Director Scott Shuford said T1F ITax
Increment Financing) revenues are based on the level of development and is difficult to
predict. A slow initial growth phase is normal. John Doran said the Clearwater Beach Blue
Ribbon Task Force did not reach consensus that a beach CRA should be established. Mr.
Shuford said the Task Force had asked staff to investigate a beach CRA.
a) Set Community Meeting re eRA on Clearwater beach
A community meeting to discuss a CRA on Clearwater beach was scheduled for
February 11, 1997, at 7:00 p.m. A location will be announced.
ITEM #22 - Support a 352 unit Affordable Rental Housing Development at 2900 Drew
~treet to be developed by the Wilson Company - authorize Mayor to sign needed forms;
authorize a loan of $500,000 to be effective 10/01/97 at 3% for a 40.year term with
interest only payments for the 1 st 2 years; approve capital improvement funding of
$39,000 for sewer lines & manhole connection; and approve providing 4,000 cubic yards
of fill from Public Works Department with an estimated market value of $28,000 (ED)
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,:] The Wilson Company is preparing to submit a funding application to FHFA (Florida
Housing Finance Agency) under the Low Income Housing Tax Credit Program. To compete
effectively for this funding, the firm needs to demonstrate adequate support from the City.
Approval of this item will demonstrate sufficient City support.
Of the 352 proposed units, 264 will be reserved for income eligible families. This
will supply 81 % of the new affordable rental housing need forecast in the 1995 -1999
Consolidated Plan adopted by the City Commission in August 1995. The forecast was
prepared according to U.S. HUD (Department of Housing and Urban Development)
guidelines. If approved by the Commission, the Economic Development Department will
use $402,000 of HOME funds, available October 1, 1997, and $98,000 in SHIP (State
Housing Initiatives Partnership) funds, available July 1, 1997, to fund the loan to the
Wilson Company. The FY (fiscal year) 1997/98 operating budget will include a $39,000
appropriation in General Fund revenues to establish a Special Program Project to construct
sewer lines for this project.
HOME loan documents, mandated by the Federal government, will include a
recapture clause for loaned funds if the project is sold before the end of the loan term.
Normal foreclosure procedures will be followed in the event of default by the borrower. If
FHFA does not approve a funding commitment, subject funds will be reallocated through
the Consolidated Plan process to be reviewed for City Commission approval in July 1997.
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Economic Development Director Alan Ferri said 75 % of the units must be set aside
for affordable housing so the development can qualify for the Low Income Housing Tax
Credit Program. He said City support of the project is necessary.
Jack Wilson, President of Wilson Co., said quality is a critical factor for his firm.
Although this is their first apartment project in Pinellas County, the firm has been
constructing apartment projects for the last 4 years. Other local developments include the
Carill,on Office Park and Hyatt Regency Westshore. He said the State's Low Income
Housing Tax Credit Program supports the private development, ownership, and
management of low income housing. Mr. Wilson said his firm will sell the tax credits and
manage the project. He presented photographs of Waterford, the firm's first development
in Tampa which is 100% affordable housing. He said his firm spends money on exterior
upgrades. The Wellington project proposed for Clearwater will generate $11 ~million in tax
credits. These funds will lower the development's debt service and allow the firm to re'nt
units for lower rates. Mr. Wilson said the units will have a full line of amenities and
compare favo~ably with Class A apartment complexes,
Tenants must meet approved criteria including a good employment record for the
past 6 months, a good credit record, and no criminal record. Many units are occupied by
single-parent families who pay between $150 and $200 less than fair market rents. Mr.
Wilson said his firm has several tenant programs including one that sets aside a percentage
of rental payments for use as a downpayment on a home.
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Mr. Wilson expected the development's debt service will be 38% or twice the level
of safety required by the bank. He said he will be personally guaranteeing the project. He
estimated he will pay $1.5-million for impact and permitting fees as well as property taxes.
He said his privately run operation will not allow the property to fall into disrepair. He has
been working with staff on this project since October 1996. The site plan was approved in
December. He will submit the application for the Low Income Housing Tax Credit Program
on February 4, 1997. The application will receive points based of City support.
It was questioned how long the Wilson Company must maintain ownership of the
property. Mr. Wilson said that depended on arrangements negotiated when the tax credits
are purchased. He said his firm is committed to a long term investment. Concern was
expressed a future purchaser would not maintain the property at the proposed level. Mr.
Wilson said the program was set up to discourage sale of the property. In the program's
10- year history, no development has suffered foreclosure. Concern was expressed an
excessive number of low income apartments already exist in the area.
(:>
Regarding the development's impact on the school system, Mr. Ferri said capacity is
adequate. In response to a question, he said the City holds the second position if it needs
to collect under the terms of the note. Mr. Wilson indicated the Low Income Housing Tax
Credit Program provides a 1 0 year stream of credit. Concern was expressed the program
has no history of what happens after the stream of credit expires. Mr. Wilson said his firm
is committed to provide affordable housing for the 40-year length of the loan.. He said his
firm's management plan is included in the State application. In response to a question,
Deborah Kaylor, of the Wilson Company, said the equity syndicate will have 1 st right of
refusal regarding the project's management company.
In response to a question, Mr. Ferri said if the firm's application is not successful,
the funds will be available for other projects and will be allocated through normal
processes. Wilson will be notified regarding the application in approximately 90 days.
In response to a question, Mr. Wilson said his firm will manage the property as long
as they can. The owner has the right to replace them for cause. He said each apartment
will have a market rate of approximately $60,000 and tax credit of approximately $30,000.
Regular rents will average between $600 and $700 monthly. Those who qualify pay rent
based on a percentage of income. Mr. Wilson said the Wilson Company is totally
responsible for the project until its completion. His firm is committed to finishing the
project on time and on budget. The firm is providing all equity funds until the project is
under construction. His firm will receive no income until the project is complete and
leased. Mr. Ferri said that is normal for the Low Income Housing Tax Credit Program.
In response to a question, Mr. Wilson said the development fees are typically paid
over the a number of years during the period of construction and leasing. He indicated his
firm's developer fee includes up to 20% for overhead.
The City Manager said the City's investment in the project will be about $67,000.
The loan will come from Federal funds provided for this purpose. She estimated if all fees
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are considered, the City will receive more than $1-mil1ion. The project will meet the City's
need to construct affordable housing. Mr. Wilson did not foresee circumstances under
which he would request a waiver of impact fees.
Commissioner Johnson moved to authorize the Mayor to sign the Local Government
Verification of Contribution !form 5), the Local Government Planning Efforts (form 61 and
the Local Government Support Verification (form 7); authorize a loan of $500,000 to be
effective after October 1, 1997, at 3% for a 40-year term with interest only payments for
the first two years; approve capital improvement funding of $39,000 for sewer lines and
manhole connection and approve providing 4,000 cubic yards of fill form the Public Works
Department with an estimated market value of $28,00 and that the appropriate officials be
authorized to execute same. The motion was duly seconded.
Alan Stowell indicated he had been negotiating with Wilson Company but did not
reach agreement because his financial advisor advised against it. He opposed the
development, stating representatives from Pinellas County and CHA (Clearwater Housing
Authority) also had expressed concerns. He said a high concentration of low income
housing will result. He said the City would be giving too much to the development.
t.,
In response to a question, Mr. Ferri said the City is offering to provide fill and sewer
lines to the project to exhibit City commitment and make the application competitive.
Concerns were expressed the development would jeopardize the planned multi-family
development in Park Place, a development of this size will dilute nearby services, and the
concentration of low~income housing. Mr. Wilson said the project was found to be
concurrent for services, the units will be compatible with the area, and not adversely
impact Park Place.
Howard Groth, of the CHA, said he had received limited briefing on the project. He
supports Clearwater's need for affordable housing. He agreed a large concentration of low
income housing in one area will result. He stated CHA's Executive Director, Deborah
Vincent, does not oppose the project. Mr. Ferri said Ms. Vincent had only expressed
concern the project is not geared to the elderly. He said the guarantee will be included in
the HOME loan documents. Concern was expressed the management contract is for 15
years only.
Isay Gulley. of CNHS (Clearwater Neighborhood Housing Services), said her agency
has many requests for affordable housing units. She supported the proposal.
Upon the vote being taken, Commissioners Johnson and Hooper and Mayor Garvey
voted ,. AY3"; Commissioners Clark and Seel voted "Nay." Motion carried.
ITEM #23 - Presentation of Strategic Framework for Economic Development
Assistant City Manager Bob Keller said a new way to do business is underway in
Clearwater, The best resources of the City worked as a team to put together the plan.
Strategies include: 1) create a pro business environment; 2) encourage existing businesses
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to remain and grow; 3) develop a system for redevelopment; 4) encourage redevelopment
that will enhance the entire City; 5) update the quality of tourism related product; and 6)
implement a targeted marketing program as a springboard to regional efforts. The Tampa
Bay Partnership and Clearwater/St. Petersburg Economic Development will cooperate.
Mr. Keller requested City Commission commitment to visit 25 business before
December 31, 1997. Mr. Shuford said revisions to the land Development Code are on
track. Staff will provide the City Commission with a copy of the plan. The Greater
Chamber of Commerce is discussing these issues with their membership. Every action step
has a deadline. The Commission complimented the plan. It was noted the Tampa Bay
Partnership had forwarded a qualified lead alert.
ITEM #24 - First Reading Ord. #6116-97 - Relating to Buildings & Building Regulations;
amending Secs. 47,181 & 47,1 82 to allow payment to the City Sidewalk Fund in lieu of
construction of a required sidewalk (Deletes Sec. 47.182) (EN)
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The current ordinance provides a mechanism for the developer to apply for a
sidewalk waiver if the developer thinks a sidewalk is inappropriate or unnecessary for the
property at the time of development. In that case, the homeowner is obligated to sign a
waiver stating the homeowner can be billed for the sidewalk when it is built. A final
inspection, "atlas survey," and written recommendation also are required. One problem
with the current system is new owners are not aware of this pending expense, Under the
proposed ordinance, the City will collect sidewalk fees from the homeowner/developer at
the time of construction if the City Engineer recommends that building a sidewalk adjacent
to the property is impractical at that time.
The current ordinance is cumbersome and requires input from several departments
which delays the City's response to customers requesting waivers. The proposed code will
allow the City to use funds collected from new development more efficiently and
effectively for future sidewalk construction in the City. Funds will be provided up front to
be used where the City Engineer deems most appropriate. In the future, this fund will pay
to construct sidewalk adjacent to residences that paid into the fund. Staff will no longer
have to approach homeowners to pay for sidewalk construction.
The City Attorney presented Ordinance #6119-97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #611 9-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
In response to a question, Library Director Arlita Hallam said tomorrow's luncheon at
the Main Library will feature David Herrington, who has returned to revise and update the
plan for the Library.
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ITEM #25 - Res. #97-06 - renaming Maple Street, between Baker Ave. & Casler Ave. to
Baker Avenue (EN)
For more than 35 years, the subject house has faced Maple Street but has been
addressed at 500 Baker Avenue. The subdivision plat of Grandview Terrace shows Maple
Street extending across the North side of the subdivision between Richards and Casler
Avenues. In 1971, the City Commission vacated Maple Street between Richards and
Baker Avenues. Maple Street is paved only between Baker and Casler Avenues. Maple
Street could be considered a continuation of Baker Avenue.
David P. Good, owner of the subject property, has requested the City change his
street name due to problems with home deliveries. He is the only property owner affected
by this change. Engineering. will change Mr. Good's numerical address to conform with the
City's number system.
Commissioner Hooper moved to officially rename Maple Street between Baker
Avenue and Casler Avenue to "Baker Avenue". The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #97-06 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #97-06 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
.:)
nAves"; Johnson, Clark, Hooper, Seel and Garvey.
"Nays"; None.
ITEM #26 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #27 - Resolutions
a) Res. #97-08 - Encouraging joint use of existing telecommunications towers and
structures as an alternative to new tower construction, and encouraging joint use of new
towers
The City Manager said this resolution encourages joint use when feasible. In
response to a question, she said a Task Force is set to study the tower issue City-wide.
The City has leased out space on some towers. A map highlighting existing towers was
requested.
The City Attorney presented Resolution #97-08 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #97-08 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Johnson, Clark, Hooper, Seal and Garvey.
"Nays": None.
ITEM #28 - Other City Attorney Items
a) Set attorney/client session re Patrick Media VB. Clearwater
The City Attorney requested an attorney/client session regarding Patrick Media vs.
Clearwater be scheduled for February, 13, 1997, at 11 :00 a.m. or February 18, 1 997, at
,8:30 a.m. Consensus was to set the date at the January 27, 1997, Special Meeting..
ITEM #29 - City Manager Verbal Reports
North Greenwood Community Task Team Strategy Meeting
Ms. Rice announced the North Greenwood Community Task Team Strategy Meeting
is scheduled for January 25, 1997, from 1 :00 to 5:00 p.m.
Vision Statement copies available
(:)
The City Manager requested Commissioners advise her if they need additio,nal
copies of the draft Vision Statement.
Druid Road closing
The City Manager reported Druid Road will close at Betty Lane on January 27,
1997, for approximately 6 weeks due to the Stevenson's Creek project.
Mandalay Streets cape
Mr. Shuford questioned if the City Commission would consider sidewalk cafes in the
Mandalay Streetscape plan. The wider sidewalks should support the use. Liability
insurance will be required. Details need to be developed. He suggested limiting the
designation to specific areas,
Consensus was for staff to investigate incorporating sidewalk cafes in the Mandalay
Streetscape plans.
ITEM #30 - Commission Discussion Items
a) Countryside Recreation Center
According to the January 6, 1997, memorandum from Parks & Recreation Director
Ream Wilson, the East and Countryside Rotary Clubs raised $3,000 to extend operational
hours at the Countryside Recreation Center. In addition, the clubs would augment staff
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with volunteers to help supervise the center, develop programs, and assist with
maintenance. Staff met with Rotary representatives and determined a program similar to
the successful "Martin Luther King - Moonlight Recreation Program" could be developed at
Countryside. The center would be opened 28 additional hours per week from 9:00 p.m. to
1 :00 a.m., Monday through Sunday, for 10 weeks during the summer when teens are out
of school, The Police Department is willing to work with the program and feel it could
benefit the community by providing teens and young adults a positive leisure time
alternative.
The Rotary wishes to commit their $3,000 contribution for 2 Seasonal Recreation
Assistants for 20 hours per week for 1 0 weeks (400 hours) for a cost of approximately
$2,900. This staffing level would provide at least one City employee on duty during the
Moonlight Recreation Program and the ability to schedule 2 staff members one night per
week. Staffing for a half hour pre-program work and half hour clean-up also is included.
Staff recommends a minimum of two staff members on duty each night and recommends a
higher level position coordinate and supervise the program. Staff recommends the City
match the Rotary contribution for 1 Seasonal Recreation Instructor for 30 hours per week
for 11 weeks (330 hours) at a cost of approximately $2,800.
The City Manager said the proposal would have no budget impact. She
recommended approval of a pilot trial this summer.
Commissioner Clark moved to approve a summer trial of the Moonlight Recreation
Program at the Countryside Recreation Center. The motion was duly seconded and carried
f~ unanimously.
ITEM #31 - Other Commission Action
Commissioner Clark reported the Largo City Commission had challenged the
Clearwater City Commission to a bowling meet on February 15, 1997, at Largo Lanes to
benefit UPARC. Most Commissioners were unable to attend due to prior commitments.
Commissioner Seel requested the date of the major public meeting referenced by
MPO's Pedestrian Advisory Committee.
Commissioner Johnson questioned who Mr. Sands is. That issue is being checked.
Commissiofler Johnson said he supports Voluntary Handicap Parking Enforcement.
Commissioner Hooper suggested those in the Fire Department trained to issue tickets get a
"quick start" on the program.
Commissioner Clark congratulated Bob Henderson for being named Mr. Clearwater.
Mayor Garvey congratulated the Seatons for receiving the Small Business Award,
51-250 employees category, for the Sea Wake Resorts.
!;:)
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The meeting adjourned at 10:34 p.m.
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Mayor Garvey said renovations on City Hall continue. The February 3, 1997, Work
Session will take place at the C.View studio in the Municipal Services Building. The
February 6, 1997, City Commission meeting will take place in the Pinellas County
Commission' Assembly Room.
Mayor Garvey invited the public to the Saturday Farmers' Market at Station Square
Park from 8:00 a.m. to 1 :00 p.m.
ITEM #32 - Adjournment
ATT~ST:4~'2,"~"'-
,,'.. City Clerk
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,01/23/97
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