08/08/2002 (2)
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CITY COMMISSION MEETING
CITY OF CLEARWATER
August 8, 2002
Present: Brian J. Aungst
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Frank Hibbard
Mayor/Commissiorier
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner.
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called t~e meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Reverend Steve Lambert, First Assembly of God.Church. The Mayor led
the Pledge of Allegiance. .
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
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ITEM #3 - Service Awards - None.
.ITEM #4 - Introductions and Awards
a)' Proclamation - Firefighters Appreciation Week - August 12-16t 2002
ITEM #5 - Presentations
a) Legislative report for 2002 Session - Senator Jack Latvala
Senator Jack Latvala reviewed legislative issues addressed this year, stating this
is the end of his term. The Mayor presented him with a plaque in thanks for the
Senator's years of tireless efforts on behalf of Clear\vater and its citizens.
b) Pre~ent SHIP award to Commission
Assistant Housing 'Director Howie Carroll presented to the City Commission the
SHIP award awarded to the City on June 6, 2002.
ITEM #6- Approval of Minutes
.
Commissioner Jonson moved to approve the minutes of the regular meeting of
July 18t 2002t as submitted in written summation by the City Clerk to each board
member. The motion was duly seconded and car~ied unanimously.
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ITEM #7 - Citizens to be heard re items not on the Aoenda
Carl Wagonfohr complimented the CommIssion for supporting the Smooth Jazz
on the Bay festival and for approving destruction of the roundabout fountain. He now
works as a charter boat captain.
Charles Shank opposed an increase to the City's millage rate.
Clark Weaver recommended the City purchase the Park Motel by Crest Lake
Park and delay construction of the dog park until alternate locations are considered.
PUBLIC HEARINGS
ITEM #8 - Adopt Res # 02-41 findino the existence of slum and blight conditions withIn
the proposed "Gatewav" Area, and finding the need to expand the existing City of
Clearwater Community Redevelopment Area (CRA) geographic boundary to encompass
the proposed Gateway Expansion Area; and authorizing the existing CRA to administer
the expanded community redevelopment area.
.
The existing CRA (Community Redevelopment Agency) geographically
encompasses approximately 260-acres, and was established in Fiscal Year 1981/1982,
in accordance with the requirements of Florida Statutes. The City initially prepared a
Findings and Declaration of Necessity for the Downtown Development District,
documenting the presence of slum and blight conditions; declared itself to be the
. Community Redevelopment Agency for the Area; and subsequently prepared a Plan for
Redevelopment for the Area, and established a Redevelopment Trust Fund for the
administration of future tax increment financing.
Since the inception of the original CRA, the socio~economic, circulation and
. geographic influence of both the core central business district and the easterly gateway
environs has changed so dramatically, that the future stability of the city's core economic
base now necessitates the inclusion of an expanded eRA Area.
.
This uGateway" CRA Expansion Area contains approximately 228-acres and
exhibits the following slum and blight development constraints: 1) Physical or economic
conditions conducive to disease, infant mortality. juvenile delinquency, poverty or crime
exist in the Expansion Area because there is a predominance of residential and
nonresidential buildings or improvements impaired by reason of dilapidation,
deterioration, age, or obsolescence within the Expansion Area; 2) Higher density of
population is evident in the Expansion Area than the remainder of the City of Clearwater;
3) There is a substantial number of slum, deteriorated, or deteriorating structures and in
which conditions, as indicated by government maintained statistics or other studies, are
leading to economic distress or endanger life or property within the Expansion Area; 4)'
There is a predominance of defective or inadequate street layout. parking facilities, and
traffic circulation existing within the Expansion Area; 5) The aggregate assessed values
of real property have failed to show any appreciable increase over the 5-years prior to
the findings of such condition within the Expansion Area; 6) Faulty lot layout in relation to
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size, adequacy, accessibilitYt or usefulness exists within the Expansion Area; 7)
I ncidence of crime In the Expansion Area is higher than in the remainder of the City of
Clearwater; 8) A greater number of violations of the Florida Building Code exist in the
Expansion Area than the number of violations recorded in the remainder of the City of
Clearwater; and 9) Fire and emergency medical service calls to the Expansion Area are
proportionately higher than in the remainder of the City of Clearwater.
By expanding the existing eRA boundary, the City of Clearwater can implement
the following value-added redevelopment opportunities: 1) Enhance residential and
commercial stability; 2) Create "neighborhood" cohesion; 3) Leverage public-private
partnerships; 4) Correct faulty land use and parking issues; 5) Improve the infrastructure;
6) Eliminate non-conforming land uses; 7) Maximize parcel's highest and best land uses
Renovate/expand commercial base; 8) Mitigate public safety issues; 9) Co-mingle
multiple economic development programs; and 10) Define uGateway" as a primary
entrance into the CBD (Central Business District).
Commissioner Jonson moved to approve finding the existence of slum and blight
conditions within the proposed "Gateway" Area, and finding the need to expand the
existing City of Clearwater Community Redevelopment Area (CRA) geographic
boundary to encompass the proposed Gateway Expansion Area; and authorizing the
existing eRA to administer the expanded community redevelopment area. The motion
was duly seconded and carried unanimously.
The City Attorney presented Resolution #02-41 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #02-41 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Naysll: None.
ITEM #9 - Adopt Res #02-23, approvinq Island Estates Neiol1borhood Plan.
This is one of three companion items relating to Island Estates: neighborhood
plan, text amendments and rezoning. '
, Planning Director Cyndi Tarapani said the plan is a result of a partnership
between'staff and the community. Planning Manager Gina Clayton said she would
make one presentation for Items #9t #10. and #11. On April 19, 2001, the Clearwater
City Commission appointed an Island Estates study committee and approved the
initiation of the Island Estates Neighborhood Conservation Overlay District planning
process. .
Seven (7) public neighborhood meetings were held between September 2001
and February 2002 to develop the Island Estates Neighborhood Plan. Pursuant to Code
Section 4-608 of the Community ,Development Code at least four (4) public meetings
must occur.
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The Plan addresses existing neighborhood conditions, strengths and
weaknesses, goals and objectives and implementation.
Island Estates residents identified the following as strengths: reclaimed water;
well-maintained property; good services such as grocery, gas station, store, bank and
park; on-street parking; the waterfront; neighborhood events; and flexibility of not being
in overlay district.
Residents identified the following as neighborhood weaknesses: the appearance
. of aboveground power lines; gravel yards; restricted water flow in canals; parking of
. various vehicles in front yards; poor yard maintenance; differences in setback
requirements between deed restrictions and City Code; loose regulation of
redevelopment; and the presence of short term rentals.
Goals and objectives were developed to enhance the strengths identified and
minimize the weaknesses. The goals and objectives provide a framework for future
neighborhood activities to maintain Island Estates as a desirable neighborhood. The
categories for goals and objectives are neighborhood amenities, waterfront and canals,
traffic and street use, neighborhood appearance and maintenance, character of
redevelopment, utilities and infrastructure, and minimal rental periods.
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The implementation section of the Plan lists the development standards to be
included in the Island Estates Neighborhood Conservation Overlay District. They
address the following issues: permitted uses, minimum lot sizest building setbacks.
building heightt parking on private property, fences, screening of mechanical equipment,
landscaping, minimum rental periods, outdoor storage and deviations from dimensional
requirements.
The implementation section of the Plan also focuses on neighborhood actions
that wilf be required to impfement the plan such as education and enforcement of the
overlay standards, creating neighborhood liaisons and education programst increasing
neighborhood involvement, and establishing special project committees as needed.
The Island Estates Neighborhood Plan is consistent with objectives and policies
of the Clearwater Comprehensive Plan.
There are two companion items to the Island Estates Neighborhood Plan that will
create the Island Estates Neighborhood Conservation Overlay District in the form of text
amendments to the Community Development Code and to apply the Overlay District to
the zoning atlas. The specific requests are contained in two separate agenda items and
ordinances.
The Community Development Board reviewed the proposed Island Estates
Neighborhood Plan at its regularly scheduled meeting on June 18, 2002 and.
recommended approval of the Plan by a vote of 6-1 .
.
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Ms. Clayton said the CDS did not approve staff's recommended additions. In
response to a question, she said the Code never included a minimum landscaping
requirement for the front yards of single~family residences.
The genesis of the NeOD was reviewed. It was felt the process was not
intended to institute new law. Ms. Clayton said overlay districts are intended to preserve
the distinctive qualities of unique neighborhoods. not to codify deed restrictions. Ms.
Tarapani said NeODs must further public health, safetYt and welfare and be simple to
administer. In response to a question, Ms. Clayton said all items, with the exception of
one related to front yard landscaping in multi-family areas, are included in the Code.
Residents wished to retain some Code requirements in the NeOD as the Code can be'
amended. The current Code has impervious surface requirements, which can be
distributed across a property. Hem #23 did not pass. It would have allowed staff only to
review deviations for at~grade and/or expansion of non~conforming set-backs. It was felt
the item's language was unclear.
The City Attorney said the Neighborhood Plan is a statement of findings and
describes the plan.
Two residents spoke with one stating the plan is not a mandate to the City and
one requesting the term uRV" be defined.
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It was recommended this item be continued until the City Commission reviews all
plan issues. .
Commissioner Jonson moved to continue Item #9 to a date uncertain. The
motion was duly seconded and carried unanimously.
ITEM #10 - Public HearinQ & First Readino . Ord #6981-02 approve text amendments to
the Community Development Code to establish the Neighborhood Conservation Overlay
District for Island Estates.
This is one of three companion items relating to Island Estates: neighborhood
plan, text amendments and rezoning.
.
Ordinance No. 6981-02 proposes to create a section of Division 16 in Article 2 of
the Community Development Code that would contain the requirements of the Island
Estates Neighborhood Conservation Overlay District. The regulations in this District'
would only apply to property located within the residential and institutional areas of the
Island Estates neighborhood. The remaining provisions of the Community Development
Code will govern any issue not specifically addressed in the Overlay District. All
proposed amendments implement goals and objectives contained in the Island Estates
. Neighborhood Plan. .
A summary of the provisions are as follows: 1) A purpose statement is included,
as well as a. description of the jurisdictional boundaries of the 1 EN COD and how the ,
. IENCOD relates to the underlying zoning districts and other code requirements. This
section also requires that any development requesting flexibility must be consistent with
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the Island Estates Neighborhood Plan and 2) Permitted uses and dimensional standards
for single-family areas are specified in the IENCOD. Requirements are presented in the
same format as used in the other zoning districts (e.g. charts listing minimum standard,
flexible standard and flexible development uses and requirements.)
Additional provisions for the single-family areas are as follows: 1) Parking on
landscaped areas shall be prohibited; 2) Fences shall not exceed 6 feet in height in the
side yard and all fences in the rear yard shall be non-opaque (see-through); 3) Use of
gravel, stones, cinders and other similar material in any yard shall be prohibited; and 4)
The storage of commercial fishing and crabbing equipment outdoors shall be prohibited.
Provisions for the multi-family areas are as follows: 1) Parking on landscaped
areas shall be prohibited; 2} All boats, personal watercraft, recreation vehicles, trailers,
commercial vehicles, race cars, dune buggies, farm equipment, go karts, A TV's or othe~
similar vehicles shall be prohibited to be parked between any portion of the principal
structure and any right-of-way line; 3) The temporary parking of such vehicles within the
front setback shall be permitted for no more than four (4) consecutive days no more than
twice a month; 4) Commercial vehicles may be parked between any portion of the
principal structure and any right-of-way line in multi-family areas if onsite to actively
. conduct business on the premises; 5) Fences shall not exceed 6 feet in height in the
side yard and all fences in the rear yard shall be non-opaque (see-through); 6) Use of
gravel, stones, cinders and other similar material in any yard shall be prohibited; 7)
Twenty-five percent (250/0) of the front yard shall be landscaped; and 8) The storage of
commercial fishing. and crabbing equipment outdoors shall be prohibited.
Provision for the Institutional area is as follows: Use of grave It stones, cinders
and other similar material in any yard shall be prohibited and twenty-five percent (250/0)
of the front yard shall be landscaped.
The proposed text amendments are consistent with the Island Estates
Neighborhood Plan, the Clearwater Comprehensive Plan and Community Development
Code.
. The Community Development Board reviewed the proposed ordinance at its
regularly scheduled meeting on July 17, 2001 and recommended approval by a vote of
4-3. .
.
In support of the NCOD, seven residents spoke.
hi opposition to the NCOD, five residents spoke.
In response to a question, Ms. Clayton said staff had determined each
condominium association would have one vote as single-family residence.s make up 140
acres of Island Estates,.while condominiums cover 50 acres. Notices were sent to each
condominium owner and many participated on the committee.
Reservations regarding the proces.s and long term impact of enforcement on City
resources were expressed. Concerns regarding inconsistencies between single-family
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and multi-family were expressed. Concerns regarding there not being enough support
for the overlay district and that mis~information had been distributed were stated.
Discussion ensued regarding property rights and people expecting neighborhoods to
remain the same. .
In response to a question~ Ms. Tarapani said future changes to the NCOD would
require rezoning and a code amendment.
It was suggested Item #20~ regarding landscaping in multi-family areas should be
removed as there is 'no similar requirement for single-family residentia'l areas. It was felt
#.12, related to parking in multi-family areast would be difficult to enforce.
Commissioner Hamilton moved to approve text amendments to the Community
. Development Code to establish the Neighborhood Conservation Overlay District for
Island Estates less Items #12 and #20 and that the item be brought back to the City
Commission in one year for review. The motion was duly seconded. Commissioners
Hamiltont Jonson, and Hibbard voted UAye"; Commissioner Gray and Mayor Aungst
voted UNay.n Motion carried.
The City Attorney presented Ordinance #6981-02 for first reading and read it by
title only. Commissioner Jonson move~ to pass Ordinance #6981-02 as amended to
amend Section H and remove references to Section H(1 }(b) on first reading. The motion
was duly seconded and upon roll call, the vote was:
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"Ayesu: Hamilton~ Jonsont and Hibbard.
"Nays": Gray and Aungst.
Motion carried.
The Commission recessed from 8:57 to 9:07 p.m.
ITEM #11 - Public Hearino & First Readino - Ord #6980-02 approve a Zonina Atlas
Amendment for the Island Estates Neiohborhood by applying the Island Estates
Neighborhood Conservation Overlay District as an Overlay District in addition to the
existing Low Medium Density Residential District, Medium Density Residential Distrjct~
Medium High Density Residential District, High Density Residential Districtt Institutional
District, and Commercial District for the Island Estates neighborhood.
.
This is one of lhree companion items relating to Island Estates: neighborhood
plan, re.zoning and text amendments.
The Island Estates neighborhood is approximately 210 acres. It includes the
residentially used properties located on land known as Island Estates, lying northerly of
the northerly right of way line of Memorial Causeway between the mainland and
ClearwatRi Beach. It is zoned Low Medium Density Residential, Medium Density
Residentialt Medium High Density Residentialt High Density Residential, Institutional,
anq CommerciaL
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The Island Estates neighborhood has future land use designations of Residential
Urban, Residential Medium, Residential High, Institutional, and Commercial General.
These designations are consistent with the existing and proposed zoning and are not
being changed.
The proposed rezoning is compatible with the immediate surrounding 'area and
will be in character with the surrounding uses.
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There are sufficient public facilities to accommodate the proposed rezoning. No
redevelopment is expected that will impact public facilities.
The location of the proposed Low Medium Density ResidentiaVlsland Estates
Neighborhood Conservation Overlay District, Medium Density ResidentiaVJsland Estates
Neighborhood Conservation Overlay District, Medium High Density ResidentiaVlsland
Estates Neighborhood Conservation Overlay District, High Density ResidentiaUlsland
Estates Neighborhood Conservation Overlay District, Institutional/Island Estates
Neighborhood Conservation Overlay District, and CommerciaVlsland Estates
Neighborhood Conservation Overlay District boundaries is logical. The boundaries are
appropriately drawn with regard to locations and classifications of land use, streets,
ownership lines, existing improvements and the natural environment and are consistent
with the boundaries of the residential and institutional areas of the Island Estates
neighborhood. .
. . The proposed rezoning will implement policies of the Island Estates
Neighborhood Plan that call for applying the Island Estates Neighborhood Conservation
Overlay Districl as an Overlay District in addition to the existing Low Medium Density
Residential, Medil:Jm Density Residential, Medium High Density Residential, High
Density Residential, Institutional, and Commercial zoning districts.
. _ The proposed rezoning is consi stent with objectives and polic.ies of the
Clearwater Comprehensive Plan.
The Community Development Board reviewed the proposed rezoning at its
regularly scheduled meeting on June 18, 2002 in its capacity as the Local Planning
Agency and recommended approval by a vote of 6 - 1.
Commissioner Hibbard moved to approve a Zoning Atlas Amendment for the
Island Estates Neighborhood by applying the Island Estates Neighborhood Conservation
Overlay District as an Overlay District in addition to the existing low Medium Density
Residential District, Medium Density Residential Districtt Medium High Density
. Residential Districtt High Density Residential District, Institutional District. and
Commercial District for the Island Estates neighborhood. The motion was duly
secoflded. Commissioners Hamilton, Jonson, and Hibbard voted UAye,Jt; Commissioner
Gray and'Mayor Aungst voted UNay.f1 Motion carried. '.
e.
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The City Attorney presented Ordinance #6980-02 for first reading and read it by
title only. Commis$ioner Hamilton moved to pass Ordinance #6980-02 on first reading.
The motion was duly seconded and upon roll call, the vote was:
. .
"Ayes": Hamilton, Jonson, and Hibbard.
"Nays": Gray and Aungst.
Motion carried.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #12-25) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to
approval by a single motion. However, any City Commissioner or the City Manager may
remove an item from the Consent Agenda for discussion and individual vote.
.
ITEM #12 - Approval of Purchases (& Declaration of Surplus) per PurchasinQ
Memorandum:
1) Power Supply Engineering, one 40 kva redundant building UPS System estimated
$128,776. (replacement) financing to be provided under City's master lease-purchase
agreement (PO)
2) Pinellas County Solid Waste, solid waste disposal (dump) fees during the contract
period: 08/15/02 through 10/31/03, estimated $4,600,000 (SW)
3} Sylvan Chemical Co.. Inc. supply and installation of new carpet plus removal and
non-landfill disposal of existing carpet. estimated $166.409.98 (GS)
4) Diesel Energy Systems, emergency back-up generator maintenance during the
contract period: 09/01/02 through 09/30/03t estimated $150,000 (GS)
5) Postmaster - postage for City-wide mail during the period: 10/01/02 through 09/30/03,
estimated $140,000 (PC)
ITEM #13 - Amend the Agreement for Professional Services and approve a Work Order
for a feasibilitv study and permittina of AQuifer Storage and Recovery (ASR) using
reclaimed water to Post, Buckley, Schuh & Jernigan (EOR) of Tampa, Florida in the
amount of $150,000 (of which a total of S100,000 will be reimbursed), and approve
co-funding agreements with the City of Largo and the Southwest Florida Water
Management District (SWFWMD) (PW)
ITEM #14 - Approve Change Order #1 to the contract between the City of Clearwater
and JSS Property Professionals. Inc. increasing the budget by $200tOOO for a new
contract total of $769,000 for the rehabilitation of the Fulton Avenue Apartments
project to include the addition of four (4) units that were not part of the original scope of
work and to address other unforeseen work and items necessary for the completion of
the project (ED/HSG)
.
ITEM #15 - Approve settlement of the Iiabilitv claim of Anthonv Warren for payment of
$40,000 (FN)
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ITEM #16 - Award a contract to D. Co Marketin~ Inc of Laouna Hills~ California to
purchase a Diqicaster Automation Svstem at a cost of 5171,182 in accordance with
SNAP agreement, #7302381-2 (PC)
ITEM #17 - Award a contract to Rowland Inc. in the amount of $100,000 for sanitary
sewer manhole rehabilitation at various locations throughout the City of Clear\Vater (PW)
ITEM # 18 - Ratifv and confirm the City Manaaer's decision to approve a contract to
Harvev-Taddeo. Inc. of Oldsmar, Florida for the sum of 555,500 as an emergency
situation for the Clearwater EastJWest Recreation Trail Bridge Installation (OO-0064a-PR)
(PW)
, ITEM #19 - Approve namina the new North Greenwood Branch Libra,\, Children's Area
for Jeanette S. Bacon, the Circulation Area for the Clear\Vater Community Woman's
Club,' and the African American Collection for Christine Wigfall Morris (LIB)
ITEM #20 - Award a contract to Lunz Prebor Fowler Architects of Lakeland, Florida in
the amount of $192,313 for the design and permitting of the Ross Norton Park
Recreation and Aquatics Center (PR)
.
ITEM #21 - Approve a one-year funding aoreement in the amount of $306,670 between
Jolley Trollev Transportation of Clearwater. Inc. and the City of Clearwater, for the,
operation of ,transportation and trolley services on Clearwater Beacht Island Estates,
Sand Key and services from Clearwater Beach to Downtown Clearwater (PR)
JTEM #22 - Approve a contract to purchase real property leqallv described as a portion
of Tract A. Mvron A. Smith's Bay View Subdivision, according to plat thereof, as
recorded in Plat Book 25. Page 57, of the Public Records of Pinellas County, Florida,' in
.the 81/2 of Fractional Section 16, Township 29 South, Range 16 East, more commonly
known as "Bayview Park" from The Trust for Public Land (TPL), a California Non-Profit
Corporation, for $1,900,000 and authorize acceptance of the deed (PR)
ITEM #23 - Reaopoint Katherine Merriam to the Library Advisory Board (eLK)
ITEM #24 - Reaopoint Hank Epstein to the Marine Advisory Board (eLK)
ITEM #25 - Aoprove December 2002 meetino schedule as Worksession 12102;
Commission Meetina 12105; Januarv 2003 MeetinQ Schedule as W orksessions 01/06 &
1/21: Commission Meetinas 01/09 & 1/23
Commissioner Gray 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.
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #26 - Approve a 5-year land lease and one 5~vear extension ootion, with Arnold~
Brown Properties, of an approximately 18,704 square foot parcel improved as a
parking lot in the Northwest 1/4 of the Northeast 1/4 of Section 16-29-15, as 421 Drew
Street, for initial year's annual rent of $6,456, adjustable annually thereafter, together
with other terms and conditions defined therein (PW)
Arnold-Brown Properties (ULesseetl) owns as-story oHice building at 121 North
Osceola Avenue and has been leasing the west 150 feet of City-owned property along
the south side of Drew Street between Osceola and Ft. Harrison since 1985 as
additional building parking.
In anticipation of future needs, the Lessee proposes to lease the additional
10,589 square foot easterly portion of the City parcelt now utilized as metered Parking
Lot #7, which netted the City approximately $600 ifl 2001. .
The proposed initial year's rent of $6AS6 is calculated by adding a 4.9 % CPI
adjustment to the rate last adjusted in January 2000, multiplied by the 1St 704 square
feet in the total lease parcel. Rent will continue to adjust with the CPI not less than 30/0 or
more than 50/0 annually.
.
All property taxes, estimated at $4,241 for 2001 J maintenance complying with
City codes, utilities and insurance costs are to be paid by Lessee.
The proposed lease provides that the existing lease due to expire January 31,
2005 will terminate upon commencement of this lease, and rent due under t~is lea"se will
abate until the C~ty vacates Lessee's office building now serving as the temporary Main
Library.
Among other provisions, the proposed lease also provides that Lessee, with prior
City approval, shall have the option to extend the lease for one additional five-year term
if not in default, and that the City may terminate the lease by providing 60-day notice to
Lessee if the City Commission determir1es the parcel is required for other municipal
purposes.
.
It was indicated the lease includes a 50-day termination clause.
One resident spoke in opposition to the lease.
The Commission recessed from 9:17to 9:19 p.m.
. Assistant City Manager Ralph Stone said the lease will generate 6 times more
revenue than when the property was used as a City parking lot. According to the
parking study, downtown has enough parking for current demands and the subject lot is
under utilized. The City Attorney reviewed procedures required by the City to sell the
propertYt indicating the City Commission could transfer it to the"eRA (Community
Redevelopment Agency) for less than fair market value.
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, Commissioner Gray moved to approve a 5.year land leaset and one 5-year
extension option, with Arnold.Brown Properties, a Florida limited partnership, of an
approximately 18t704 square foot parcel improved as a parking lot in the Northwest ~ of
the Northeast 1,4 of Section 161 Township 29 South, Range 15 East, commonly
addressed as 421 Drew Street, for initial year's annual rent of S6.456, adjustable
annually thereaftert together with other terms and conditions defined therein, and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
ITEM #27 - Adopt Res #02~40 and approve a State of Florida Department of
Transportation Hiohwav Liohtino. Maintenance, and Compensation Aoreement (PW)
Florida Statutes mandates that maintaining agencies such as Clearwater operate
and maintain street lighting on state roads within their city limits. Currently the City
receives no compensation from the Florida Department of Transportation (FDOT) for
said work.
The City and FDOT have determined that it is in the best interest and economic
advantage of both parties to enter into a Highway Lightingt Maintenance,.and
Compensation Agreement.
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Proper and timely maintenance of Highway Lighting is important to the City for
public safety reasons. This agreement is the required mechanism for the City to receive
partial reimbursement for incurred expenses involved in oper~ting and maintaining street
lights on state roads wi~hin the City.
FDOT agrees to pay the City an'nual compensation based on,the lighting
locations listed in the attached Street Light Inventory.
, The reimbursement amount will vary from year to year depending on the amount
budgeted by FDOT. FDOT cannot project the amount of money they will budget for
subsequent years, so the lump sum amount on page 2 of the agreement has been left
blank. However, any monies budgeted by FDOT will be monetarily advantageous to the
City since we do not receive any compensation under the current system. The City will
receive a proportionate amount of the budgeted money commensurate with the number
of street lights operated and maintained on the state road system in Clearwater.
This agreement ensures the sovereign immunity of the City pursuant to Chapter
768.28. Florida Statutes.
City Engineer Mike Quillen explained why the City maintains FOOT lights. Mr.
Quillen said approval will allow reimbursement to the City for work it already is required
to complete under a separate maintenance agreement.
. "
. Commissioner Jonson moved to approve a StatE:' of Florida Department of
Transportation Highway Lighting, Maintenance, and Compensation Agreement and that
.
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the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
The City Attorney presented Resolution #02-40 and read it by title only.
Commissioner Gray moved to pass and adopt Resolution #02-40 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
UNaysU: None.
ITEM #28 - Res # 02-29. providinQ for the sale of not-to-exceed $26 million Stormwater
Revenue Bonds, Series 2002 (FN)
A Stormwater rate study has been completed which proposed increasing the
Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) effective January
1, 2002, to $7.16 per ERU effective October 1, 2002, to $8.01 per ERU effective October
1, 2003, to $8.65 per ERU effective October 1, 2004 and to $9.35 per ERU effective
October 1, 2005. Th~ City Commission approved these rate increases which are
sufficient to provide for operations, capital projects, and debt service on bonds issued
during this time period.
.
The rate study identified a need for approximately $72.4 million in capital
projects, with bonds to be issued in 2002 for projects costing approximately
$22,687,000, in 2004 of approximately $22t226,OOO and in 2006 of approximately
$7,979,000 to fund a portion of the needed capital improvements. Following is a list of
$22.687,000 million in projects anticipated to be financed from the 2002 bond issue:
Town Lake
Kapok Flood Resolution
Myrtle Avenue Drainage Improvements
Sharkey Road Drainage Improvements
Stevenson's Creek Implementation Projects
Tropic Hills Drainage Improvements
FDEP Compliance
Storm Pipe System Improvements
Total .
$ 2,528,300
12,538,080
255,000
900,000
3,255,000
550,000
968,000
1.692.620
$ 22,687,000
Ordinance 6378-99 was adopted on April 15, 1999 and Ordinance 6931-02 was
adopted on July 18, 2002. Both ordinances authorize the issuance of Stormwater
Revenue Bonds by resolution. Resolution 01-21 was adopted on November is, 2001,
which provides for the City to be reimbursed from bond proceeds for expenditures that
occurred on these project~ prior to issuance of the. bonds.
This resolution authorizes the competitive sale of not to exceed $26 million of
Stormwater Revenue Bonds, and authorizes the Finance Director and City Manager to
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award the sale of the bonds to the best bidder. Only the amount of bonds needed to
fund the $22,687,000 construction costs will be issued. .
Commissioner Hamilton moved to approve providing for the sale of not to exceed
$26 million Stormwater Revenue Bonds, Series 2002, and that the appropriate officials
be aut~orized to execute same. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #02~29 and read it by title only.
Commissioner Jonson moved to pass and adopt Resolution #02-29 and authorize the
appropriate officials to execute same. The motion. was duly seconded and upon roll call,
. the vote was: .
IlAyesu: Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
..
ITEM #29 - Ord #7016-02 amendinq Ordinance 6675-01 related to City of Clearwater
Revenue Bonds to be issued for the Community Sports Complex in order to provide for
the use of certain revenues of the City to pay a portion of the bond debt service
requirements (FN)
Ordinance 6675-01 was adopted on January 18, 2001, and Ordinance 6854-01
was adopted on September 6,2001, which authorized the issuance of Revenue Bonds
to finance a Community Sports Complex.
. The principal and interest on these bonds are to be paid from payments to be
received from the State of Florida and Pinellas County. The State of Florida has agreed
to pay $500,000 per year ($41 ,666.67 per month) for 30 years and Pinellas County has
agreed to pay $587.650 per year ($48.970.83 per month) for 20 years. Both entities .
began making payments March 1, 2001. We are holding those payments in anticipation
of issuing these bonds.
The amendments to Ordinance 6675-01 are needed in order to satisfy concerns
of bond insurance companies. The changes being made to the original ordinance
expand the definition of pledged revenue to include "any City revenues added as an
additional payment source for all or any portion of the annual debt service on the Bonds
or to support an insurance agreement to the extent required by the provider of any
municipal bond insurance for the Bonds as set forth in a supplemental resolution
. adopted by the City prior to the issuance of the Bonds."
A sale resolution will be brought to the City Commission at the same time as the
second reading of this ordinance that will authorize the sale of the bonds for the
Commu,nity Sports Complex.
Staff anticipates issuing these bonds in September 2002.
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Commissioner Gray moved to amend Ordinance 6675-01 related to City of
Clearwater Revenue Bonds to be issued for the Community Sports Complex in order to
provide 10r the use of certain revenues of the City to pay a portion of the bond debt
service requirements. The motion was duly seconded and carried unanimously.
. The City Attorney presented Ordinance #7016-02 for first reading and read it by
title only. Commissioner Hibbard moved to pass Ordinance #7016-02 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
JlNays": None.
'ITEM #30 - Ord #7007~02 - approve addinq paraqraph (11) to Chapter 33. Section
33.067 of the Code of Ordinance adding a new designated slow down minimum wake
zone off Windward Island on Island Estates (MR)
.
The Harbormaster was approached by citizens living on the east side of
Windward Island wishing to have a slow speed - minimum wake zone established along
their shoreline, 'the same as their neighbors to the north on Harbor Island.
Representatives from their community attended the May and June Marine Advisory
. Board meetings with their findings from petitions sent to those affected by the wakes.
Those surveyed were asked whether or not they thought a wake zone was necessary.
Of the thirty-eight petitions sent out, tWEmty~two residents signed individual petitions
agreeing to the need for the wake zone to be established. Two residents said they did
not want the channel changed to a slow speed ~ minimum wake zone.,
Once Ordinance 7007~02 is adoptedt the City will'request permission from the
Fish and Wildlife Conservation Commission, Army Corps of Engineers, US Coast Guard
and DEP for the permits to install the signage necessary to establish the extended wake.
zone. Pinellas County will be asked to pay for the signs and buoys from funds they have
for that purpose, and the installation will be performed by Speeler Enterprises, who has
the County contract. This process takes as much as six months.
One resident spoke in favor of the ordinance.
Commissioner Hamilton moved to add paragraph (11) to Chapter 33, Section
33.067 of the Code of Ordinance adding a new designated slow down minimum wake
zone' off Windward Island on Island Estates. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #7007-02 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #7007-02 on first reading.
The motion was duly seconded and upon roll callt the vote was:
UAyesu: Gray, Hamilton, Jonson, Hibbard, and Aungst.
.
tlNays": None.
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The existing NAHAB code calls for a nine (9) member board who are appointed
by the City Commission for four year terms. A board member cannot serve more than
, two consecutive terms. In an effort to assist in the recruitment and retention of board
members this ordinance modification consolidates four (4) of the board seats into two (2)
representative members for a total of seven (7) board members. The ordinance creates
a member that represents one of the City's Neighborhood Revitaliz~tion Strategy Areas;
combines residential building industry and residential labor into one board member;
combines affordable housing and real estate into one board member; and creates a seat
fo'r a Clearwater Resident at large.
~
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ITEM #31 - Ord #7017a02. amendinq Neiqhborhood and Affordable Housinq Advisory
Board ordinance to reduce the number of members serving on the board, reduce the
number of members necessary for a quorum, and making other clarifying revisions
(ED/HSG) .
The Neighborhood and Affordable Housing Advisory Board (NAHAS) was
c'reated by Ordinance 5770-95 to review, monitor and evaluate city programs directed to
improving the physical environment and lifestyle of low to moderate income people
assisted by the City's housing and community development programs; and make
recommendations to the City Manager and Commission regarding such programs.
.
This modification also contains some clarifying language regarding terms of
board memberst members needed for a quorum and the description of funding sources.
Commissioner Gray moved to approve a~ending the Neighborhood and
Affordable Housing Advisory Board ordinance to reduce the number of members serving
on the board, reduce the number of members necessary for a quorum, and making other
clarifying revisions. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #7017-02 for first reading and read it by
title only. Commissioner Hibbard moved to pass Ordinance #7017-02 on first reading.
The motion was duly seconded and upon roll call, the vote was:
MAyes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
MNays": None..
ITEM #32 - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
. First Readings
ITEM #33 - Ord #6999-02 amending Chapter 21. repealina Section 21.04 of the Code of
Ordinances reoardinQ fortunetellers, etc.
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Because Pinellas County authorizes individuals to engage in the business
of fortunetelling after those persons have undergone 'a criminal background
check and after they 'have complied with other provisions, a conflict exists
between'the City and County ordinances. Section 2.04(i), Pinellas County
Charter, states that in the event of a conflict, the County ,ordinance shall prevail
over a municipal ordinance concerning regulations involving consumer
protection.
.
The current Section 21.04 of the Code of Ordinances prohibits any
person from engaging in the business of fortuneteller, phrenologist, palmist,
astrologer, character reader, clairvoyant, divine healer or mental healer for hire in
the City. '
Section 21.04 may be in violation of the freedom of speech clause of the
First Amendment to the United States Constitution, and it conflicts with Section
2.04(i), Pinellas County Charter.
Sections 26.241 --26.269, Code of Pine\.las County, authorize persons to work as
fortunetellers, psychics, etc. who predict future ~vents, subject to the lic~nsing provisions
contained in those sections. The provisions apply in all incorporated and unincorporated
areas. The provisions involve consumer protection.
.
Commissioner HamiltoD moved to approve amending Chapter 21, repealing
Section 21.04 of the Code of Ordinances, which prohibits any person from engaging in.
the business of fortuneteller, phreno.logist, palmist, astrologer. character readert
clairvoya"nt, divine healer or mental healer for hire in the City. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6999-02 for first reading and read it by
title only. Commissioner Hamilton, moved to pass Ordinance #6999-02 on first reading.
The motion was duly seconded and upon roll call, the vote was:
II Ayes": Gray,Hamilton, JonsoD, Hibbard, and Aungst.
. ' .
"Nays": None.
ITEM #34 - Other City Attornev Items - None.
ITEM #35 - City Manaqer Verbal Reports - None.
ITEM #36 - Commission Discussion Items - None.
ITEM #37 - Other Commission Action
.
. .
a) Commission Policies
City Clerk Cyn.die Goudeau reviewed Commission policy issues still to be
resolved: "1) BUDGET G - Road Millage - a requ~st to add curbs and sidewalks tathe
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infrastructure to be addressed; 2) COMMISSION L - a request that mail addressed as
"Personal" and/or "Confidentialll be opened by the Commission Assistant who would
determine if the item truly was not related to City business; and 3) LAND
DEVELOPMENT E - Landscaping of City Roads - a request to add language regarding
a street tree program.
In reference to BUDGET G - Road Millage, language was proposed, i1ln order to
maintain the City's sidewalks and streets (including curbs and bridges), a road millage
will be designated as part of the annual budget process. Priorities will be determined
first on functional .and safety considerations. Road Millage may be used for aesthetic
repairs."
It was felt the current policy already addresses sidewalks and curbs. It was
stated the 10-year replacement cycle is based on an overall average.
Commissioner Jonson moved to amend the Commission Policies related to Road
Millage to read, ~'In order to maintain the City's sidewalks and streets (including curbs
and bridges), a road millage will be designated as part of the annual budget process.
Priorities will tJe determined first on functional and safety considerations. Road Millage
may be used for aesthetic repairs." The motion was duly seconded and carried
unanimously.
It was stated the aesthetics of curbs and roads should be the last thing to be
considered for funding. In response to a question, Mr. Quillen suggested a 15-year
service life for roads is a practical target.
. In reference to Commission Policy L. Distribution of Commission Mail, language
was proposedt i1Mail received at City Hall for a Commissioner with the words similar to
"Personal," "Confidential/' or IIFor the Addressee Only" will be opened by the
Commission Assistant who will determine if the mail is related to official City business. If
related to official City Business it will be distributed in the normal manner. If unrelated to
. official City business it will be resealed and delivered to the addressee."
It was felt each Commission member can determine if mail is City business or
not. It was stated mail marked "Personal and Confidentialtl often is not.
Commissioner Jonson moved to amend Commission Policy L. Distribution of
Commission Mail to read, UMail received at City Hall for a Commissioner with the words
similar to "Personal," "Confidential," or uFor the Addressee Only" will be opened by the
Commission Assistan~ who will determine if the mail is related to official City business. If
related to official City Business it will be distributed in the normal manner. If unrelated to
official City business it will be resealed and delivered to the addressee." The motion
died for lack of a second.
In reference .to LAND DEVELOPMENT E- Landscaping of City Roads, language
was proposed, IILandscaping of City Roads - Whenever possiblet landscaping will be a
part of City road and street improvoment/construction projects. The City will implement
mcc08a02
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and maintain an ongoing street tree program to encourage the ,development of tree-
shaded roads where space is available in the public right-of-way. II
Public Works Administrator Mahshid Arasteh said staff tries to implement as
much landscaping as possible during road projects. Concern was expressed the
proposal commits unidentified funds. It was noted the City already has a policy to plant
landscaping in the right-of-way when possible.
Commissioner Jonson withdrew his recommendation.
Commissioner Gray moved to approve the City Commission Policies as
amended related to Road Millage. The motion was duty seconded and carried
unanimously.
b} Resolutions regarding eve borrowing from Beach Renourishment Fund
Due to lower than expected tourist revenues, the CVB (Convention and Visitors
Board) has proposed to borrow 52 A-million from the beach renourishment funds to use
for eve operations. The Big C (Barrier Islands Governmental Council) opposes this use
of beach renourishment funds;
.
. Concern was expressed the CVB needs to maintain t~urism advertisements
related to the beach communities. It .was recommended the County Commission
consider all funding sources before using beach renourishment funds for this purpose.
The City Attorney presented Reso!ution#02-44 and read it by title only. '
Commissioner Gray moved to pass. and adopt Resolution #02-44 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was: . . .
MAyesll: Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
Mavor Aunast reviewed efforts to attract the 2004 Republican National
Convention to Tampa, thanking efforts by Tampa Mayor Greco1 the eVB Director, and
the private sector for providing the visiting committee an exciting time while showcasing
the area.
Mavor Aunast invited residents to attend a eVB workshop at 8:30 a.m.. on August
14, 2002 at the Harborview Center to address concerns and questions people have
regarding the board.
Commissioner Hibbard said he recently had participated in exercises at the fire
training station, involving interesting situations. . He spoke in appreciation of the Cityts
well-trained firefighters.
.
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Commissioner Hibbard and Mayor Aungst said they had enjoyed the ribbon
cutting ceremony at the Greenwood Apartments on July 31 , 2002, and complimented
efforts to rehabilitate the property.
Commissioner Hibbard said he had attended with Commissioner Hamilton a
good meeting of the Skycrest neighborhood, which is excited about a Weed and Seed
program.
Commissioner Hibbard and Mayor Aunost invited residents to attend the City's
open house to discuss budgetary issues on August 12, 2002 at 6:30 p.m. at the
Harborview Center.
Commissioner Hibbard wished his wife a happy birthday on August 13, 2002.
Commissioner Gray reminded residents that school has started and encouraged
all to be careful with new traffic patterns, to drive safely, and to slow down.
Commissioner Jonson thanked Commissioners for participating in FLC (Florida
League of Cities) legislative committees.
Commissioner Jonson encouraged the City to apply for the same percentage of
road beautification funding that FOOT provides for Tampa and .south Florida.
.
Commissioner Jonson referenced a newspaper article regarding the court
decision against Granite State's billboard demand in favor of the City and thanked the
Commission and staff for their support in opposing the lawsuit.
Commissioner Jonson presented photographs of streetscape improvements
along Highway 192 in Kissimmee, which was a county project funded by abutting
businesses.
Commissioner Jonson said he had spent time with former S1. Petersburg Mayor
David Fisher who reviewed that city's programs and showed him street landscaping
projects. .
Commissioner Jonson said many tough issues were discussed tonight and he
benefited from the discussion. He thanked Commissioners for their input.
Commissioner Hamilton said he had enjoyed participating in a game with fellow
Commissioners and staff preceding a Phillies game.
Mavor AunQst announced the ribbon cutting at Jasmine Court's Boys and Girls
Club is scheduled for August 12, 2002. The Clearwater East Rotary Club has renovated
the kitchen and adopted the club.
Mayor AunQst said he will tour M~cDill Air Force Base by invitation of General
Holland for a Tampa Bay leaders Command Update and luncheon. .
.
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Mayor Aunast said he wili meet on August 13, 2002 with the Consulate of Mexico
from Miami, who Is touring certain areas.
Mayor AunQst reported the next Work Session is scheduled for August 19, .2902
at 9:00 a.m. .
ITEM #38 - Adiournment
The meeting adjourned at 10:15 p.m.
MaY~e~ ~
. City of Clearwater
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CLEARWATER CITY COMMISSION
'"0-/ s- ) 6 d---
( /
Meeting Date:
Item # It)
As stated in Commission Rules, uRepresentatives of a group may speak for three ,minutes
plus an aoditional minute for each person in the audience that waives their right to speak, up
to a maximum of ten minutes." '
We the undersigned designate ~ of ' W hI' 1-50 J/j.
as our spok~sperson and waive our right to speak.'
Signature
Signature
Signature
Signature
Siignature
Scgnature
(please print)
. r:-~Z4d~m IjRl(; N
Print Name ..
Print Name
Print Name
Print Name
Print Name
Print Name
Print Name
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\\CH3\CLERK\FORMS\Public Comments at Com Mtg.doc
9700-0034
Jan 9, 2002