05/21/1998 (2)
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COMMISSION
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CITY COMMISSION MEETING
CITY OF CLEARWATER
May 21,1998
Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark
Karen Seel
Michael J. Roberto
Richard L. Hedrick
Bob Keller
Pamela K. Akin
Rich Baier
Cynthia E. Goudeau
Brenda Moses
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Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
Public Works Administrator
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
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was offered by Reverend Otis Green of Everybody's Tabernacle. A moment of silence was
observed in honor of the Tampa Police detectives and Florida Highway Patrol trooper slain
on May 20, 1998. The Mayor led the Pledge of Allegiance.
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To provide continuity for research, [terns are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Introductions and Awards. None.
ITEM #5 - Presentations
a) (Cont. from 5/7/98) proposed changes to FEMA rules
Public Works Administrator Rich Baier gave a report regarding steps taken to date
and what will be done in the future to address the FEMA (Federal Emergency Management
Authority) proposals. Preliminary maps depict a significant increase in elevation and a
change in areas susceptible to flooding. Previous velocity zones only affected the
properties on the Gulf of Mexico. The new velocity zones extend across Island Estates.
The new FEMA rules affect construction and reconstruction in these areas. Mr. Baier
reviewed concerns expressed at various meetings regarding these proposed changes. The
City joined PineJlas County to appeal to FEMA for new FIRMs (Flood Insurance Rate Maps),
and a 6-month extension was granted. The City is hiring a consultant to depict problems
with the FEMA model. He encouraged concerned citizens to contact FEMA directly
regarding this matter.
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Assistant City Manager Bob Keller introduced Ray Hoopes, President of Hercules
Hydraulics, who is relocating his business from an unincorporated area of the County into
the City limits. He thanked Senior Planner Lou Hilton for his efforts regarding the
relocation.
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Mr. Hoopes expressed his enthusiasm to relocate his business'in Clearwater and
looks forward to breaking ground in 6 weeks. The building will be 72,000 square feet,
with a 50,000 warehouse and the remainder will be office space. He noted his company
employs over a dozen employees over 70 years old as well as numerous college students.
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ITEM #6 . Aooroval of Minutes
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Commissioner Hooper moved to approve the minutes of the regular meeting of May
7, 1998, and the 2 special meetings of ,May 18, 1998, 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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ITEM #7 - Citizens to be heard re items not on the Aaenda
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John Tassanari questioned who is responsible for the deterioration of
neighborhoods.
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PUBLIC HEARINGS
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(:'.,::') ITEM #8 . Public Hearlna & First Readina Ord. #6259-98 - Vacating 5' utility easement
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lying along south side of Lot 9, Blk 27, Mandalay Sub., and City's request to vacate
remaining 5' utility easement along south side of Blk 27 (Cronin, V98.04) IPW)
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Commissioner Hooper moved to approve the applicant's request to vacate the 5.0
Utility Easement lying along the south side of Lot 9, Block 27, Mandalay Subdivision and
the City's request to vacate the remaining 5.0 Utility Easement along the south side of
Block 27. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 6259-98 for first reading and read It by title
only. Commissioner Clark moved to pass Ordinance 6259-98 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
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"Nays":
None
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ITEM #9 - Public Hearina & First ReadinQ Ord. #6272-98 - Vacating 3' utility easement
lying along west side of Lot 5, less southerly 2.5', together with; westerly 34' of the 3'
utility easement lying along south side of Lot 3, Blk 3, Tagarelli Sub. (General Home
Development, V98-03)(PW)
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Commissioner Clark moved to approve the applicant's request to vacate the 3.0
foot Utility Easement lying along the west side of Lot 5, less the southerly 2.5 feet,
together with the westerly 34 feet of the 3.0 foot utility easement lying along the south
side of Lot 3, Block 3, Tagarelli Subdivision. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance 6272.98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6272~98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"Nays":
None
ITEM #1 0 ~ Public Hearino & First Readina Ords. #6282.98 & #6283~98 ~ Annexation &
RS~8 Zoning for property located at 811 Berkley Place, Palmetto Terrace, Blk 0, Lot 5
(Anita, Leonard & Charlotte Fenlon, A98~15)
Commissioner Johnson moved to approve the applicant's request to vacate the 5.0
Utility Easement lying along the south side of Lot 9, Block 27, Mandalay Subdivision and
the City's request to vacate the remaining 5.0 Utility Easement along the south side of
Block 27. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 6282-98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6282-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
IIAyes":
Johnson, Clark, Hooper, Seel and Garvey
"Nays":
None
The City Attorney presented Ordinance 6283-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6283-98 on first reading. The motion
was dUly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Clark, Hooper, Seel and Garvey
{{Nays":
None
ITEM #11 ~ Variance(sl to Sian Reoulations for oropertv (Gateway 2000 Country Store)
located at 26034 US 19 N, Darryj's Sub., unplatted Lot 1 less road (Danielson, Ltd, SV98~
09) ~ Request to Continue
Art Van Camden, Representative, requested a continuance to June 18, 1998. He
said the business' corporate symbol has been changed and submitted to staff. A landscape
plan and resurfacing of the parking lot will also be submitted to staff.
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Guy Thiebault, store manager, said he feels the store will serve the public's needs.
The business is trying to present a friendly atmosphere. and comply with City code.
William Jonson spoke in opposition to the original variance. He said the company
representative's comments tonight regarding improved landscaping and other changes may
alleviate his concerns. He offered a book to the City Commission that addressed the
problem of erosion of quality of environment relating to corporate franchise design.
Commissioner Clark moved to continue this item to June 18, 1998. The motion
was duly seconded and carried unanimously.
ITEM #12 ~ Public Hearlnc & First Readina Ords. #6273-98 & #6274-98 - land Use Plan
Amendment to Resort Facility High & CPO Zoning for property located at 1941 Edgewater
Drive. Sunnydale Sub., lots 39-41 (Raman Shula, lUP97-06, Z97-06)
The applicants are planning to redevelop this 1.25 acre property with a new 50 unit
Comfort Inn Hotel. According to the applicant, a minimum of 50 units is required by the
franchise agreement of the Comfort Inn Hotel chain. There is an existing 20 unit motel and
caretaker's residence. The motel portion of the property is currently zoned CR24 and the
residence is zoned RS8. The current zoning permits a motel/hotel at a density of 35 units
per acre. The planned development (CPO) zoning will permit the 50 unit motel at a density
of 40 units per acre. The single family residence on the east side of the site will remain as
the caretaker's residence. The assessed value of the property is $625,900. On August
19,1997, the Planning and Zoning Board unanimously endorsed the proposed Amendment
subject to 6 conditions. This item was then delayed with all other land use plan
amendments for several months while the Department of Community Affairs IDCA)
reviewed the Evaluation and Appraisal Report IEAR) of the City's Comprehensive Plan. The
DCA found the City's EAR to be sufficient in March 1998. The applicant has requested,
and staff recommends, a landscaping buffer rather than a wall between the caretaker's
residence and the hotel. This would be a more aesthetic buffer for the caretaker's
property. The applicant has also agreed to meet with the City's Landscape Architect to
design the landscaping plan to meet proposed new landscaping standards. The conditions
listed in the motion reflect the changes as requested by the applicant and recommended by
staff. Along with the recommended conditions, staff will be reviewing any proposed signs
at the CR24 allowances, consistent with the surrounding properties. The request to rezone
these properties to CPO is consistent with the surrounding land use patterns and in
character with the neighborhood, considering the existing tourist-associated retail facilities
in the area. Rezoning to a planned development gives the applicant more flexibility to
accommodate the proposed hotel development and meet the density requirement by the
franchise compa'ny, while providing amenities requested by the City such as additional
landscaping to meet proposed standards. The conditions approved by the Planning and
Zoning Board have changed slightly.
In response to a question, Senior Planner Sandy Glatthorn said the 42 foot height
limitation is a condition of the approval. No variances can be obtained for density.
Concern was expressed that approval of this request will set a precedent for future CPO
designations to the south in this residential neighborhood.
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Steve Swanberg, 50S Architects, representing the applicant, said a buffer and
landscaping will be incorporated into this plan to eliminate some of the adjacent property
owners' concerns.
Bill Gray spoke in opposition of the rezoning due to the increase in density.
John Miller spoke in favor of the variance. He said there are other motel properties
in this neighborhood. He felt it is better to renew properties rather than allow them to
decay.
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, Commissioner Johnson moved to approve the Petition for Land Use Plan
Amendment from Residential Urban to Resort Facility High and Zoning Atlas Amendment
from Resort Commercial "Twenty-four" (CR24) and Single Family Residential "Eight" (RS-B)
to Commercial Planned Development {CPO) for Lots 39, 40, and 41, Sunnydale
Subdivision. Also, approve the associated concept plan subject to the following conditions:
1) signs will conform to the allowances for the CR24 zoning district; 2) site lighting will be
directed away from all residential areas and designed to minimize light trespass on
surrounding properties; the lighting plan will be presented to City staff for approval prior to
any permits being issued; 3) a landscape buffer shall be provided between the single family
residential lot and the motel; details are subject to review and approval by the City's
Landscape Architect; 4) the proposed building shall not exceed a maximum height of 42
feet; 5) the retention area should include landscape trees at the top of the bank at each of
the 4 corners and a continuous shrub hedge around the retention area. If possible, cypress
or red maple trees could be planted in the retention area; the applicant shall work with the
City's Landscape Architect to design the landscaping plan for the total site to meet the'
City's proposed landscaping standards; and 61 the retention area should not be fenced.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Hooper, Seel and Garvey.
"Nays":
Clark
Motion carried.
The City Attorney presented Ordinance 6273-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6273-98 on first reading. The motion
was dUly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Hooper, See I and Garvey
"Nays":
Clark
Motion carried.
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The City Attorney presented Ordinance 6274-98 for first reading and read it by title'
only. Commissioner Seel moved to pass Ordinance 6274-98 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Hooper, Seel and Garvey
"Nays":
Clark
Motion carried.
Public HearinQ - Second ReadinQ Ordinances
ITEM #13 - Ord. #6260-98 - Annexation for property located at 1837 Brentwood Dr., Lake
lela Manor 1 st Addition, lot 11 (Howard & Helen Read, A98-12)
The City Attorney presented Ordinance #6260-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6260-98 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
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ITEM #14 - Oi"d. #6261-98 - RS-6 Zoning for property located at 1837 Brentwood Dr.,
lake lela Manor 1 st Addition, lot 11 (Howard & Helen Read, A98-12)
The City Attorney presented Ordinance #6261-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6261-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
j'Nays":
None
ITEM #15 - Ord. #6262-98 - Annexation for property located at 2340 Anna Ave., Rolling
Heights, part of lot 28 (Michael & MicheUe Monroe, A98-13)
The City Attorney presented Ordinance #6262-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6262-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
ijAyes":
Johnson, Clark, Hooper, Seel and Garvey
"Naysij: None
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ITEM #16 - Ord. #6263-98 - RS-6 Zoning for property located at 2340 Anna Ave., Rolling
Heights, part of lot 28 (~ichael & Michelle Monroe, A98-13)
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The City Attorney presented Ordinance #6263-98 for second reading and read It by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6263-98 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
II Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"Nays":
None
ITEM #17 - Ord. #6264-98 ~ Annexation for property located at 2832 St. John Dr., Virginia
Groves Terrace 5th Addition, Blk B, lot 4 (Paul & Patsy Howell, A98-14)
The City Attorney presented Ordinance #6264-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6264-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"Navs":
None
ITEM #18 - Ord. #6265-9a - RS-8 Zoning for property located at 2832 St. John Dr.,
Virginia Groves Terrace 5th Addition, Blk B, Lot 4 (Paul & Patsy Howell, A98-14)
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The City Attorney presented Ordinance #6265-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6265-98 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 #19 ~ Ord. #6266-98 - land Use Plan Amendment to Residential Medium for property
located at (proposed) 1484 S. Greenwood Ave., Sec. 22-29-15, M&B 32.16 & part of
32.14 (Community Service Foundation, Inc., LUP98-02, Z98-05)
The City Attorney presented Ordinance #6266~98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6266-98 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 #20 - Ord. #6267.98 - RM-12 Zoning for property located at (proposed) 1484 S.
Greenwood Ave., Sec. 22.29~15, M&B 32.16 & part of 32.14 (Community Service
Foundation, Jnc., lUP98-02, Z98-05)
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"Nays":
Garvey
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The City Attorney presented Ordinance #6267-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6267-98 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 #21 - Ord. #6268-98 - land Use Plan Amendment to Office General for property
located at 1384 Pierce St., Sec. 15-29-15, M&B 14.01 (P.B. Horizon, Inc., LUP98-03, 298-
06)
The City Attorney presented Ordinance #6268-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6268-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Clark, Hooper, and Seel
"Nays":
Garvey
Motion carried.
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ITEM #22 - Ord. #6269-98 - OG Zoning for property located at 1384 Pierce St., Sec. 15-
29-15, M&B 14.01 (P.B. Horizon, Inc., lUP98-03, Z98-06)
The City Attorney presented Ordinance #6260-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6260-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Clark, Hooper, and Seel
Motion carried.
ITEM #23 - Ord. #6270-98 - land Use Plan Amendment to Residential Office General for
property located at 1261-1283 lakeview Rd., Cleveland Grove, Blk 7, lots 62-64 and
Boylan Sub., lots 1-3 (Harry Free, TRE J Valeri Hofmeister, TRE I Merle BlasJo, TRE,
LUP98-04, Z98-07)
The City Attorney presented Ordinance #6270-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6270-98 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Johnson, Clark, Hooper, and Seel
"Nays":
Garvey
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Motion carried.
ITEM #24 ~ Ord. #6271~98 ~ OL Zoning for property located at 1261 ~1283 Lakeview Rd.,
Cleveland Grove, Blk 7, Lots 62-64 and Boylan Sub., Lots 1-3 (Harry Free, TRE / Valeri
Hofmeister, TRE I Merle Blasjo, TRE, LUP98-04, Z98~07)
The City Attorney presented Ordinance #6271-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6271-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, and Seel
"Nays":
Garvey
Motion carried.
ITEM #25 . Ord. #6276-98 - Readoption of Land Use Plan Amendment previously adopted
by Ord. #6066.96 {related to EAR)
The City Attorney presented Ordinance #6275-98 for second reading and read it by
title only. Commissioner Hooper moved to pass,and adopt Ordinance #6275-98 on second
and final 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
.ITEM #26 - Ord. #6276.98 - Readoption of Land Use Plan Amendment previously adopted'
by Ord. #6130-97 (related to EAR)
The City Attorney presented Ordinance #6276-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6276-98 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 #27 ~ Ord. #6277-98 - Readoption of Land Use Plan Amendment previously adopted.
by Ord. #6142~97 (related to EAR)
,The City Attorney presented Ordinance #6277-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6277-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
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"Nays":
None
ITEM #28 - Ord. #6278-98 - Readoption of Land Use Plan Amendment previously adopted
by Ord. #6154-97 (related to EARt
The City Attorney presented Ordinance #6278-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6278-98 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 #29 - Ord. #6279-98 - Readoption of land Use Plan Amendment previously adopted
by Ord. #6157-97 (related to EAR)
The City Attorney presented Ordinance 116279-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6279-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
II Ayes":
Johnson, Clark, Hooper, See I and Garvey
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"Nays": None
ITEM #30 - Ord. #6280-98 - Readoption of Land Use Plan Amendment previously adopted
by Ord. #6234-98 (related to EAR)
i
I
, I
I
,
The City Attorney presented Ordinance #6280-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6280-98 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"~ays":
None
ITEM #31 - Ord. #6281-98 - Relating to Firefighters Supplemental Trust Fund; amending
Ch. 2, Div. 4, Firefighters Pension Plans, Subdivision III, Supplementary Pension and
Retirement Plan, Sees. 2.441 through 2.450
The City Attorney presented Ordinance #6281-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6281-98 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
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #32-43) - Approved as submitted.
ITEM #32 - Aooroval of Purchases & Declaration of Surolus oer'4/29/98 memorandum:
Audio Intelligence Devices, Inc., surveillance equipment, $29,958 IPO)
Declare five Pitney Bowes items surplus to City needs; authorize disposal through sale to
highest bidder '
ITEM #33 - Aoorove rankina of 1) Harvard Jolly Clees Tappe Architects; 2) Paul A. Gowan
Architects; & 3) Gee & Jenson Architects and authorize noaotlatlon of an agreemen, for
architectural design services & site selection assIstance for the new Clearwater Main
Library (LIB)
ITEM #34 - Contractual Services Aareement with Pinellas County to assist in development
of a "Local Mitigation Strategy" (FD~
ITEM #35 - Aareement with First Union Capital Markets to serve as CIty's financial advisor
for a 3 year period (FN)
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ITEM #36 - Contract to Hustler Turf Equipment of Florida. Inc., 6 slxtywono inch and 1
seventywtwo inch riding mowers, $ 58, 781; authorize funding under Clty's master lease-
purchase agreement in the amount $48,332 (GSt
ITEM #37 - Purchase of one 1998 Ford Taurus (replacement), Don Reid Ford, $1 6,045 (GS)
ITEM #38 - Aareement (renewal) with School Board of Pinellas County, 6/1/98-5/31/99, for
City to use Pinellas County School buses, total est. $10,500 (PR)
ITEM #39 - Amendment to AQreement with School Board of Pinelfas Countv, authorizing
City to donate $40,000 to assist In construction of restroom facilities at Countryside High
School (PR)
ITEM #40 - Conservation Easement to SWFWMD, granting an Upland Preservation
Easement, re Eddie C. Moore Park West, as required by Permit #4417083.00 (PW)
ITEM #41 - Contract for 1998 Street Resurfacing to Couch Construction, L.P.,
$1,273,493.42 (PW)
ITEM #42 - Contract for East Advanced PollutIon Control Facifitv Seawall Construction to
Kimmins Contracting Corp., $259,490 (PW)
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ITEM #43 - Receiot/Referral - LDCA to allow FOOT to sign applications for variances,
conditional uses, and site plan reviews associated with Eminent Domain Takings of land for
road improvements (CP)
Commissioner Johnson moved to approve the Consent Agenda as submitted and to
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #44 - First Reading Ord. #6288-98 - relating to telecommunication services and
taxation; amending Secs. 29.72, 29.73, 29.74, and 29.76, and adding new Sec. 29.77, to
bring City code into compliance with state statutes (FN)
.
Florida Statute 166, Municipal Public Service Tax was recently amended. These
amendments require changes to Article (I Public Service Tax section of the Clearwater Code
of Ordinance. Major changes to the City's Ordinance include: 1 ~ changing tax due date
from the fifteenth (15J of the month to the twentieth (20) of the month; 2) adding Section
29.77 Administrative provisions, rights and remedies; 3) provide for penalties to be
assessed for late payment and nonpayment of taxes due; 4) define retention period for
records kept by businesses which establish the collection and remittance of taxes due; and
5) requires the City to make available a database for all addresses in the City's jurisdiction.
This database will be available to all providers. The database will also be maintained and
available from the City's home page on the Internet.
Commissioner Hooper moved to change Article III Public Service Tax of the
Clearwater Code to bring the City into compliance with State statutes. The motion was
duly seconded and carried unanimously.
The City Attorney presented Ordinance 6288-98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6288.98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
IIAyes":
Johnson, Hooper, Seel, Clark, and Garvey
"Nays" :
None
ITEM #45 - First ReadinQ Ord. #6258.98 - Relating to alcoholic beverage special event
permit requirements; amending Sec. 22.90( 12) to allow the serving of alcoholic beverages
in containers meeting industry standards with the approval of the special events
committee, providing such containers must be capable of visual inspection for contents,
and prohibiting certain types of containers (TR)
During the first year of experience in allowing the sale and consumption of certain
alcoholic beverages at public special events, it has been found a customer practice of the
distributors is to furnish paper cups free of charge with the service contract. Currently, the
code requires use of clear plastic containers. If the event promoters who are often non-
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"Nays":
None
~
profit community organizations are spared the expense of purchasing containers, the
money saved can further enhance the event or be designated for charitable use. The
amended ordinance would require law enforcement officers be able to visually inspect the
contents. Sport drink bottles, ceramic or glass mugs, closed containers, metal cans, and
glass bottles on similar containers would not be permitted. Containers must be approved
by the Special Events Committee, which Includes a representative from the Police
Department. The containers typically furnished by distributors at no cost would meet the
criterion specified in this amendment.
Commissioner Seel moved to amend the code to allow the serving of alcoholic
beverages in containers meeting ind'Jstry standards and approved by the Special Events
Committee. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6258-98 for first reading and read it by title
only. Commissioner Clark'moved to pass Ordinance 6258-98 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Hooper, Seel, Clark, and Garvey
ITEM #46 - Receiot/Referral - LDCA re transit shelters and transit shelter signs (CPI
<'lA,
f:ry,
. 'o(
The City negotiated a settlement with Eller Media provided the City will consider and
adopt an ordinance relating to transit shelters and transit shelter signs. The ordinance
provides the following: 1) requires that shelters be spaced 1 ,000 feet apart from other
shelters located on the same side of the street; 2} allows shelters in commercial, office or
industrial zoning districts, or on PST A routes adjacent to hospitals, schools, or other
permitted nonresidential uses in multifamily residential zoning districts; and 3) allows back-
lit signs on the "downstream" end wall of the shelter, and limits the area of the sign to 24
square feet.
The City Attorney distributed revisions to the ordinance as discussed at a previous
worksession. It was noted this issue involves a third party, and the agreement includes
limitations as to where shelters can be located. Discussion ensued regarding placing a
specific limit on the number of shelters with signs. There are currently approximately 24
transit shelters in the City.
Commissioner Clark moved to receive and refer this item with an amendment to
include a limitation of 50 bus shelters with signage. The motion was duly seconded.
In response to a question, the City Attorney said the requirement that shelters be
spaced 1 ,000 feet apart from other shelters located on the same side of the street will
apply to shelters placed in proximity to shelters in enclaves.
Gwen Young, Eller Media Representative, said the original settlement agreement
placed no cap on the number of signs permitted, other than the number authorized by
,
;
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PST A. She noted Eller Media is already limited by compliance to zoning regulations. She
felt 150 shelters was a more reasonable number, and suggested the Commission pass this
ordinance In order to be consistent with the settlement agreement. It was noted the City
has been working with Eller Media for some time regarding the billboard situation. It was
remarked that Ms. Young's figures regarding transit shelters was rather auspicious because
many stops are located in residential areas.
Upon the vote being taken, the vote was:
. ,
"Ayes":
Clark, Hooper, and Seel
"Nays":
Johnson and Garvey
Motion carried.
ITEM #4 7 ~ Other pendina Matters - None.
CITY ATTORNEY REPORTS
ITEM #48 ~ Other City Attornev Items
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a) First Reading Ord. #6301 M98 - Relating to Skateboards, Roller Skates, and In-Line
Skates; amending Art. I of Chi 28, creating Sec. 28.11 to prohibit a person from using
skateboards, roller skates, and in-line skates in specified locations
The Ordinance is designed to ensure that skateboarders, roller skaters, and in-line
skaters conduct themselves responsibly, and ensure that they are excluded from areas that
are incompatible with such activities.
It was remarked that skateboarders, roller skaters, and in-line skaters have a total
lack of respect for public and private property, particularly in downtown. Discussion
ensued regarding the viability of signage to prohibit this activity. It was suggested the City
revisit this issue in a year to determine if the destruction of property issue has been solved.
It wa~ noted the City is preparing to bring forward recommendations for a skateboard
park. In r'isponse to a question, the City Attorney said the violator is responsible for
paying skateboarding, roller skating, or in-line skating fines.
The City Attorney presented Ordinance 6301-98 for first reading and read it by title
only.' Commissioner Clark moved to pass Ordinance 6301-98 on first reading. The motion
was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Hooper, Seel, Clark, and Garvey
"Nays":
None
ITEM #49 M City Manaaer Verbal Reoorts M None.
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ITEM #50 - Other Commission Action
Commissioner Hooner received an Alert from the Florida League of Cities regarding
proposed Federal legislation for a 3-year moratorium on sales tax for products purchased
over the Internet. Discussion ensued and consensus was to draft a letter of opposition.
Commissioner Hooper questioned the deteriorating quality of the TV monitors in
Chambers. It was reported they are defective and being replaced.
Commissioner Johnson said the Tampa Bay Regional Planning Council has named
June as Hurricane Awareness month.
Commissioner Johnson wished Francis a happy birthday.
Commissioner Seel agreed with the Mayor's correspondence regarding the
proliferation of grocery carts throughout the City and the need for consoHdated news racks.
The City Manager said these Issues will be dealt with in the Land Development Code
rewrite. Jeff Kronschnabl of the Community Response Team said they are working to
alleviate the problem.
Commissioner Seel requested staff send a letter to Clearwater School Advisory
Committees regarding pilot programs for designation of safe school routes, fostering safer
bicycling and walking to schools.
e
Commissioner Seel read a poem written by her son and printed in the Color Me
Human publication. '
Mavor Garvev said everyone's thoughts are with the Tampa Police Officers and
State Trooper slain in the unfortunate incident last week.
ITEM #51 - Adiournment
The meeting adjourned at 8:02 p.m.
ATTEST:
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