03/05/1998 (2)
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CITY COMMISSION MEETING '
CITY OF CLEARWATER
March 5, 1998
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Michael J. Roborto
Kathy S. Rice
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
Absent:
Karen See I
Commissioner
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The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Commissioner Clark. 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.
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ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards - None.
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ITEM #5 - Presentations
Clearwater Lawn Bowls Club presented a $1,000 check to the Greenwood Health
Resource Center.
ITEM #6 - Aporoval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
February 19, 1998. as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aoenda
Albert J. Medvis said had the City had the foresight in 1992, they could now own
the Kapok Mobile Home Park.
Rov Cadwell expressed concern regarding City Building Department Inspectors
having too much authority when making decisions regarding property standards.
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John Tasanari stated he got the "brush off" regarding his concerns about sidewalk
maintenance which he expressed at the last Commission meeting. He stated the drains
along South Glenwood Avenue are collapsing. He also expressed concern regarding the
inequality of neighborhoods that request new playgrounds and swimming when other
neighborhoods have none.
PUBLIC HEARINGS
ITEM #8 - Public Hearina & First Readino Ords. #6236.98 & #6237.98 - Annexation & RS-
S.Zoning for property located at 1759 St. Croix Dr., Virginia Grove Terrace 5th Addition,
Blk B, Lot 19 (Mary C. Holdren Tsacrios, A98-03)
The applicants are requesting Annexation in order to receive sewer service. The
Planning and Zoning Board unanimously endorsed the request. '
Commissioner Johnson moved to approve the petition for Annexation and Zoning
Atlas Amendment to Single-Family Residential "Eight" IRS-B) for Virginia Groves Terrace
5th Addition, Blk B, Lot 19. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6236-98 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6236-98 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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" Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"Nays":
None.
The City Attorney presented Ordinance #6237-98 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6237-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper. and Garvey
"Nays":
None
Absent:
Seel
ITEM #9 - (Cont. from 1/1 5/98) Public HearinQ & First Reading Ord. #6228-98 - RM-8
Zoning for property located at 524 Bamboo Lane, Bamboo Sub., Lots 4, 11 & 12 (Carlisle
Motors. Inc., 298-011
The applicant has requested this item be withdrawn.
Commissioner Hooper moved to withdraw Item #9. The motion was duly seconded
and carried unanimously.
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.' ITEM # 1 0 ~ Public Hearina & First Readina Ords. #6234~98 & #6235~98 - Land. Use Plan
Amendment to Commercial General & CI Zoning for property located at NW corner of
intersection of Vine Ave. & Seminole St. and 5 of Nicholson St., Pine Crest Sub., 8lk 4,
lots 1 ~6 (Morton Plant Hospital Association, lUP98-01, Z98-04)
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The applicant (Morton Plant Hospital Association) is requesting a zoning designation
of Infill Commercial (CI) to develop a family practice medical facility to serve the needs of
the residents In the area. The subject lots are presently vacant and zoned Multiple Family
Residential "Eight" (RM~8) with a compatible land use plan classification of Residential
Urban. The future land Use Plan Classification will be changed to Commercial General to
conform with the proposed zoning district, and is compatible with the Countywide Future
land Use Plan Classification on adjoining properties to the west of the subject lots. While
these lots are under the 4 acres required to establish a new Infill Commercial District, the
proposed amendments are an expansion of the applicant's CI zoned properties immediately
to the west. The CI zoning is consistent with the adjoini~g land use pattern and compatible
with the existing contiguous CI zoning district. The proposed Land Use Plan Amendment
will not have any significant impact on the services in the area.
Interim Central Permitting Director Jeff KronschnabJ said staff has worked with the
applicant and feels this plan is essential to the development of community services in the
area.
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Commissioner Clark moved to approve the petition for a Land Use Plan Amendment
to Commercial General and Zoning Atlas Amendment to Infill Commercial ICI ) for the
subject property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6234~98 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6234~98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Clark, Hooper, and Garvey
"Naysif:
None
Absent:
See I
The City Attorney presented Ordinance #6235-98 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6235-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, and Garvey
"Nays":
None
Absent:
Seel
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Public Hearinq - Second Readinq Ordinances
ITEM #11 - (Cont'. from 2[19/98) Ord. #6231-98 - Rezoning to MPD for property ISunshine
Mall) located on 5 corner of Druid Rd., W of Missouri Ave., approx. 640' N of Lakeview
Rd., and E of Greenwood Ave., Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B
21.01 & 21.02; approve concept plan & refer final site plan to ORe for approval &
certification (Mary Taylor Hancock; Jean Taylor Carter & John S. Taylor III, Z98-02)
The City Attorney presented Ordinance #6231-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6231-98 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, and Garvoy
"Nays":
None
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Absent:
Seel
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fTEM #12 - (Cant. from 2/19/981 Ord. #6232-98 - Amending Ch. 33, Sec. 33.067, relating
to waterways and vessels, to amend defined areas for speed restrictions of vessels'
(extending wake zone in Clearwater Pass Channel by approx. 350 yards west of Clearwater
Pass Bridge, to a point marked by Clearwater Pass light 6)
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The City Attorney presented Ordinance #6232-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6232-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, CI~rk, Hooper, and Garvey
"Nays":
None
Absent:
Seel
ITEM #13 - Ord. #6233-98 - Vacating 15' r~o-w abutting south line of Lot 16, SE %
Pinellas Groves (Fountains Bayway, Inc., V97-19)
The City Attorney presented Ordinance #6233-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6233-98 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Clark, Hooper, and Garvey
"Nays":
None
Absent:
Seel
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #14-16) . Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda to allow discussion and voting on the item individually.
ITEM #14 - Approve acceptance of $450.000 three vear Qrant, 1/1/98-12/31/2000, from
US Dept. of Justice/Office of Community Oriented Policing Services (COPS)(PD)
ITEM #15 - Review proposed preliminarv subdivision plat for Sunshine Mall; authorize DRC
to review and act upon preliminary plat (CP)
ITEM #16 - Request to hire Tew, Zinober, Barnes, Zimmet & Unice re 'contract dispute with
PSI International, Inc. leA)
Commissioner Clark moved to approve the Consent Agenda as submitted and to
authorize the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
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ITEM #17 - 1997~98 First Quarter BudClet Review (BU)
General Fund
First quarter amendments reflect the distribution of $400,000 of the $1,000,000 of
vision funds. This includes the distribution of $96,600 to support 2 positions in Economic
development to manage the Brownsfield project and support downtown property owners;
$90,000 to the Community Response Team to provide funding to maintain current staffing
of 2.5 FTE positions previously funded by grants; $40,000 for sponsorship funding
previously approved by the Commission; $36,000 to fund the City Editor position to
support the City Magazine; and $13,000 to support the Tourism Center. At first quarter,
$178,318 is distributed from the unappropriated retained earnings of the General Fund for
items previously approved by the City Commission, including funding for the LDC (Land
Development Code) rewrite, the Clearwater Homeless intervention project, and the
management review of the Fire Department.
Water and Sewer Fund
The only amendment to the Water and Sewer Fund reflects the appropriation of
$13,904 of unappropriated retained earnings to capital project 315~94 757, Utility Rate
Study, as previously approved by the City Commission on 11120/97.
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Gas Fund
First quarter amendments to Gas Fund revenues primarily reflect a decrease in
anticipated operating revenues from PGA gas revenues offset by decreases in anticipated
expenditures for the purchase of gas.
SaUd Waste Fund
First quarter amendments to the Solid Waste fund primarily reflect adjustments to
bring Solid Waste revenues and expenditures in line with the recent rate study and
adjustment in Solid Waste rates.
Stormwater Fund
The only amendment to the Stormwater Fund reflects the appropriation of $4, 135
of unappropriated retained earnings to capital project 315-94757, Utility Rate Study, as
previously approved by the City Commission on 11/20/97.
Other Enterpris,e Funds
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No amendments are proposed for the Marine, Parking, and Harborview Funds at first
quarter. It should be noted the Harborview operations are off to a good start this fiscal
year. Harborview revenues at first quarter exceed prior year revenues for the same period
by 152%.
Internal Service Funds
No significant amendments are proposed for the General Services, Garage, and
Central Insurance Funds at first quarter. The only amendment to the Administrative
Services Fund reflects the appropriation of retained earnings to fund the replacement of a
customer service representative prior to the retirement to the predecessor to allow for
necessary training.
Capital Improvement Fund
The amendments to the Capital Improvement Fund total a net decrease of
$10,695,947. This decrease is primarily due to duplicating the budgeting of the recent
Gas bond issue in both the 1996/97 and 1997/98 capital budgets. The significant projects
previously approved include the appropriation of the Pinellas Phase III and Pasco Phase II
gas bonds, amendments to the Municipal Services complex, and the Harborview project.
Budget Director Tina Wilson said minor amendments have been made to the utility
funds. She said funding for the 2 Economic Development positions questioned at the March
2, 1998, Worksession, were for Miles 8allogg and Diane Hufford.
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Commissioner Clark moved to approve the 1997-98 First Quarter Budget
amendments. The motion was duly seconded and carried unanimously.
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a) First Reading Ord. #6241.98 . Amending Operating Budget for Fiscal Year ending
9/30/98
The City Attorney presented Ordinance #6241-98 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6241-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Clark, Hooper, and Garvey
"Nays":
None
Absent:
Seel
b) First Reading Ord. #6242-98 - Amending Capital Improvement Program Report and
Budget for Fiscal Year ending 9/30/98
The City Attorney presented Ordinance #6242-98 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6242-98 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, and Garvey
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"Nays":
None
Absent:
Seel
ITEM #18 - Authorize local contributions to support development of Tuscanv aoartments by
CED Construction under the Low Income Housing Tax Credit Program (eM)
CED Construction is proposing to develop 239 apartments for elderly households
under the Low Income Housing Tax Credit Program administered by the Florida Housing
Finance Authority on the former Sunshine Mall property. The Low Income Housing Tax
Credit Program is extremely competitive. Successful applicants under this program must
show adequate local support for their proposed development. A marketing study
conducted by Pardue, Heid, Church, Smith, and Waller showed 1,689 elderly households in
Clearwater paying more than 35% of their income for rent. These households are the
primary market for this new development. The development will result in a substantial
improvement in assessed valuation for this property. Anticipated assessed values should
increase from $2,550,000 to $18,360,000. The City is proposing the following as support
of this development: 1) rent subsidy form "the general fund at $357,792.28; 2) Solid
Waste fee discounts of $48,972; 3) Building permit and plan review fee waivers of
$57,814.60; 4) inkind contributions as donation of fill dirt at $37,500; 5) construction of
an on-site stormwater retention at $40,000; and 6) construction of a turn lane on Druid
Road at $20,000. These recommended contributions are consistent with Clearwater's
Local Housing Assistance Program. These contributions represent a continuation of
Clearwater's support for the development of affordable housing, and are the City's first
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support for elderly housing under the program. The rent subsidy from the General Fund is
based on fees collected from the gas and electric utility franchise fees and the stormwater
utility fee collected from the 239 apartments over 20 years. Solid Waste fee discounts
are: 1) waiver of monthly rental fee for 1 2, 30-yard construction ralloff containers for the
24-month period of construction; 2~ a 20% discount on rollott pulls during construction,
not to exceed 500 pulls; 3) a 10% discount for 2 compactor rentals for 120 months; and
4) a 10% discount on up to 8 compactor pulls per months for 120 months. The fill dirt Is
from eXisting City stock plies. The City will donate 6,000 cubic yards which has a market
value of $6.25 per yard.
Assistant City Attorney Rick Hedrick summarized the project. In response to
questions, he said the City will provide $60,000 cash up front for this project. A 17.04%
return is expected over the 20 year period. Commissioner Hooper commended John Doran
for his analysis of the market study. He noted this is the first project of this type in
Clearwater. Ed Armstrong, applicant's representative, expressed CED Construction's
appreciation for the City's support. Michael Shirino and Scott Culp of CED Construction
thanked staff for their responsiveness and cooperation. Mr. Roberto said the City has
spent a lot of time on this project, attempting to minimize public investment and maximize
private returns.
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Commissioner Johnson moved to authorize local contributions to support the
development of Tuscany Apartments by CED Construction under the Low Income Housing
Tax Credit Program, and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM #19 - Plannino and Zonino Board - 1 appointment (elK)
Commissioner Hooper noted the large list of names for application to this board. He
moved to appoint Mr. Gildersleeve to the board. There was no second. Motion died.
Commissioner Clark felt this board is the most important board the City has and
therefore the entire Commission should be present when making this appointment
Commissioner Clark moved to continue Item #19 to the next meeting. The motion
was dUly seconded and carried unanimously.
ITEM #20 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #21 - Res. #98-11 - Assessing property owners the costs of having mowed or
cleared owners' lots
The City Attorney presented Resolution #98-11 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #98-11 and authorize the
appropriate officials to execute same. The motion was dUly seconded and upon rol/ call,
the vote was:
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"Ayes":
Johnson, Clark, Hooper, and Garvey
"Nays": None
Absent: Seel
ITEM #22 - Other City Attornev Items - None.
ITEM #23 - City Manager Verbal Reports
a) Results of .City Employees United Way Campaign
Mr. Roberto said this year was outstanding. A 33% rate of participation resulted in
$53,011 in contributions to the United Way. Mayor Garvey expressed her appreciation for
everyone's participation.
ITEM #24 - Other Commission Action
Commissioner Johnson thanked Lois Cormier for all the information she sends to the
City Commission. He congratulated Police Chief Sid Klein for his years of valuable service.
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Commissioner Hooper reported the DDB's IDowntown Development Board) newest
member has resigned. He also reported a petition drive to disband the DDB may be
initiated.
Commissioner Hooper attended the monthly Airport Authority board meeting at the
Clearwater Airpark. A walking tour '!Vas provided and he said the FBO (Fixed Based
Operator) Mr. Emshoff has spent a great deal of time and money to make improvements at
the park.
Commissioner Hooper said in the February 16, 1998, edition of Nations Weekly
Magazine, is a good article on Strategic Planning.
Commissioner Hooper reminded everyone to bring a brown bag lunch for the lunch
time concert series Tuesdays and Thursdays at Station Square Park.
Commissioner Hooper said the industry report on tourism must be a misprint relative
to the reported visitors and amounts spent. Staff will research the figures.
Commissioner Clark asked the status of the pre.grant workshop on special events
this weekend. Deputy City Manager Kathy Rice said over 20 agencies were represented
and the workshop generated excitement and interest. In response to a question, she said
interested agent;:ies can still apply. Letters, newspapers, and other methods of
advertisement get the word out to the pUblic regarding the grant program. Ms. Rice
reviewed the program and stated it is a good opportunity for various agencies to give
something back to the community.
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Commissioner Clark encouraged everyone to vote in the local election March 10.
Mavor Garvev encouraged everyone to vote in favor of the three referendum
questions.
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Mavor Garvev invited everyone to participate in the seventh annual Paint Your Heart
Out Clearwater, Saturday at 8:00 a.m.
ITEM i125 . Adiournment
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The meeting adjourned at 7:07 p.m;
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