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11/14/2005CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER November 14, 2005 Present: Frank Hibbard Mayor William C. Jonson Vice-Mayor Hoyt P. Hamilton Councilmember Carlen Petersen Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 1:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Five service awards were presented to City employees. Laura Lipowski, Legal Department, was presented the November 2005 Employee of the Month award. The Council recessed from 1:05 to 1:06 p.m. to meet as the Pension Trustees. Economic Development and Housing Adopt Resolution #05-46 nominating Census Tract 261 Block Group 5 and a portion of Census Tract 259.01 Block Group 1 for the re-designation of Enterprise Zone 5202. The City of Clearwater was designated an Enterprise Zone (EZ) in 1998. The original EZ boundaries include seven census tracts with 17 geographic block groups, which met the poverty rate requirements at that time. The program was set to sunset in December 31, 2005 but the state legislature extended the program with changes to its guidelines. According to the new guidelines, each Enterprise Zone must be re-designated based on the 2000 census data. The Florida statutes governing re-designation of Enterprise Zones require that certain minimum poverty rates exist in proposed census block groups before a re-designation can be granted. Florida Statutes 290.0058 (2) and (3) refers to the description of the poverty and unemployment requirements: a) In each census geographic block group within a nominated area, the poverty rate shall be not less than 20%; b) In at least 50% of the census geographic block groups within the nominated area, the poverty rate shall not be less than 30%; c) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (a), but shall be treated as having a zero poverty rate for purposes of applying paragraph (b); and d) A nominated area may not contain a noncontiguous parcel unless such parcel separately meets the criteria set forth under paragraphs (a) and (b). Staff evaluated the current Enterprise Zone’s seven census tracts with seventeen block groups in consideration of the new guidelines. Six of the existing EZ census tracts have 10 geographic block groups that meet the 20% poverty rate. Rule (b) states that 50% of these ten geographic block groups must have a 30% poverty rate. However, only census tract 261 Block Group 5 meets the 30% rule with a 60% poverty rate. Given that only one census tract meets the 30% guidelines, staff can nominate only one other contiguous census tract that contains a 20% poverty rate. Because there were changes in the boundaries of the census tracts from 1990 to 2000, Economic Development and Police staff conducted a door-to-door survey to determine the population of Census Tract 259.01, the downtown core area, to determine if it met the requirements using the 1990 boundaries. The survey results showed that this census tract has a zero population and therefore met rule (c) to qualify for designation. Therefore, staff is nominating a portion of census tract 259.01 block group 1. In addition to the poverty requirement, the State looks at the unemployment rate for the census tracts. In the nominated Census Tract 261 Block Group 5, the unemployment rate is 13%. The State of Florida unemployment rate is 5.6%. This re-designation process is necessary to continue participation in the Florida Enterprise Zone program past the expiration date of December 31, 2005, until its current expiration on December 31, 2015. Staff will submit an application package for re-designation of the EZ to the State in November 2005. The Enterprise Zone Development Agency reviewed the application and recommended approval. In response to questions, Director of Economic Development and Housing Geri Campos reviewed benefits associated with Enterprise Zone designation which included a variety of refunds for building material, tax credits and other incentives. She explained the criteria for poverty levels. She said no census tract in the Bellaire area meets the 30% poverty threshold. Finance Approve legal services agreements between Fowler White Boggs Banker and the City of Clearwater and The Law Office of Tim Jesaitis, P.A., and the City of Clearwater for legal services relating to workers' compensation claims, authorize the appropriate officials to execute same and authorize payments to said firms in an amount not to exceed $195,000 for the period 01/01/06-12/31/08. The Risk Management Division of the Finance Department self-insures and administers its claims. Risk Management uses two law firms in response to workers' compensation claims. Risk Management is very satisfied with the law firms of Fowler White Boggs Banker and the Law Office of Timothy Jesaitis, P.A., and wishes to continue to use them. The fee structure between the two firms is similar, and it is believed that the City of Clearwater will benefit from continuing to use the two firms named herein when representation is needed for a workers' compensation claim. In response to a question, the City Attorney did not recall any problems or conflicts with either firm. The firms would contact the City should conflicts occur. Marine and Aviation Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December 1, 2005 to November 30, 2006, a one year period, for the collection of daily parking fees at the Seminole Street Launch ramps for 25% of fees collected and authorize the appropriate officials to execute same. Decade Properties has sold the Clearwater Bay Marina site but retained ownership of the name and Bait House property. They wish to continue selling daily parking permits for the City. The City therefore is renewing the agreement for another year. In return for collecting the daily parking fees, Decade Properties retains 25% of the money collected. The City receives 75% of the daily parking fees and 100% of all monthly and yearly parking fees for Seminole Launch sold at City locations. The City Council approved these percentages as part of the Marine and Aviation Business Plan. In response to a question, Marine & Aviation Director Bill Morris said this annual lease includes a standard 30-day notice to terminate. Approve the Conditional Assignment of Lease for the Clearwater Airpark at 1000 N. Hercules Avenue, Clearwater from David W. King, Sr., d/b/a Clearwater Airpark, Inc., to Darren Rice and Teresa Ansermoz, d/b/a Clearwater Airpark Maintenance, Inc. and authorize the appropriate officials to execute same. David King has advised the City that he would like to sell his business and the remainder of his lease term at Clearwater Airpark to Darren Rice and Teresa Ansermoz. Mr. King took over the original five-year lease dated November 26, 1997, with two consecutive five-year lease periods, from Clarence Emshoff (Clearwater Aircraft, Inc.) on February 1, 2000. The first five-year renewal went into effect on December 1, 2002 and runs through November 30, 2007. The final five-year renewal would go into effect December 1, 2007, and run through November 30, 2012. The transaction will take place on the date accepted by City Council. The fixed monthly rent for the Clearwater Airpark lease is $16,081.04 per month, plus tax. A consumer price index (CPI) is added to the monthly rental payment on January 1st of each year of the lease. The tenant also pays the City $0.10 per gallon of fuel dispensed. Under terms of the lease, the lessee is responsible for all improvements, maintenance, insurance, taxes and utilities for the leased space. Darren Rice and Teresa Ansermoz will assume and agree to perform all covenants and obligations of the Lease Agreement and they will sign a Guaranty of Payment of Rent under the lease agreement for the remainder of the lease term. In response to a question, Mr. Morris said the Airpark Advisory Board had discussed this item. He said Mr. Rice and Ms. Ansermoz have worked closely with the FBO (Fixed Base Operator), basically running the Airpark for the past six months, and have the professional expertise to handle this enterprise. The couple are British citizens and expect their permanent work visas will be renewed shortly. In response to a question, the City Attorney said the City would have to terminate the lease with King before it could release a RFP (Request for Proposals). A question was raised if Mr. King is making a profit and Mr. Morris responded he will recoup his original investment. Discussion ensued with concern expressed that renewals can extend to 2012. Mr. Morris said the City could choose not to renew the current lease indicating a 30-day notice to terminate the lease applies. Additional information regarding Mr. Rice and Ms. Ansermoz, including background checks, work visas, etc. was requested. It was questioned whether this additional information could be obtained before Thursday night’s meeting. Marina Feasibility Study by Wade-Trim. Dave Gildersleeve, of Wade Trim, and Tom Cuba, of Delta Seven Environmental Company, summarized findings from the Clearwater Municipal Marina Expansion Feasibility Study. The study was undertaken to determine the estimated maximum number of expansion private recreational boat slips that could be accommodated within and immediately outside the existing marina footprint. Other study objectives include the identification of perceived environmental constraints to expansion, anticipated permitting issues and opportunities, cost estimates for design, permitting and construction, and an anticipated schedule for future expansion activities. All of the existing slips are currently located on City-owned submerged land. The study did not include a market study, cost benefit analysis or an affordability determination. The study is being funded by a grant from the Florida Fish and Wildlife Conservation Commission (FFWCC). Subsequent funding from FFWCC will be sought for the second phase which will address revenue projections, return on investment, affordability determination, etc. Assumptions included replacing the fixed system with a concrete floating dock system, wider slips, utilities at each slip, and easily accessible fueling slips. The original assumption that limited expansion to City-owned submerged lands was changed after meeting with the State and now includes more of the basin. Mr. Cuba said the environmental impacts would be minimal and the State has no problem considering leasing bottom land owned by them. He said the northwest corner is of particular interest and reviewed three composite layouts. Expanding the marina will require environmental permits and a submerged land lease. They estimated that design, permitting, razing the current site, and construction will cost more than $8 million, and take 22 to 33 months to design and construct. He estimated at least 64 new slips. No additional staff would be required to operate the expanded marina. In response to a concern that floating docks would not withstand a Category 2 hurricane, Mr. Gildersleeve said the marina is well-protected on three sides and greater protection would increase costs significantly. Mr. Morris said owners usually remove their boats from the marina before significant storms. In response to a question, Mr. Gildersleeve said the feasibility study provides options. The next step would be a market analysis and cost benefit analysis. He said the marina could be redeveloped without developing the upland. Discussion ensued with comments complimenting the report and support was expressed for retaining commercial near the seawall. In response to a question, Mr. Morris reviewed marina rates. He estimated that rates would have to be doubled to cover costs related to a new marina. The new marina would cover its debt service and start paying for itself within 20 years. He said current rates are the second cheapest in the area. In response to a question, Mr. Morris said a State fuel tax grant paid 80% of the costs for the feasibility study. Staff is considering another study regarding high and drys and whether Penny for Pinellas funds can be used to cover those costs. Mr. Gildersleeve said the FFWC is undertaking a detailed, statewide study to look at costs to maintain or obtain boat slips that are being lost and anticipate new grant sources may become available. Mr. Morris said staff has not considered making marina slips available for condominium use. He supported rebuilding the municipal marina to make it more efficient and provide easier access for boaters. In response to a question, Mr. Gildersleeve said securing submerged lands from the State should not be difficult. He said parking was not part of this study, but would be included in an upland development analysis. Mr. Morris said currently, tenants leave boatlifts they install at the marina when they terminate their leases. The marina could be upgraded in stages, with tenants being moved as construction progresses. Commercial vessels would remain in their current locations. The design is flexible enough to allow adding floating docks and moving vessels that are infrequent users. Discussion ensued with comments the downtown and municipal marinas are independent projects, the downtown marina is a priority, economics must be considered for a municipal marina expansion, and municipal marina tenants could provide additional cash flow by paying up front or signing longer term leases. The City Attorney said leases longer than five years would require a City declaration the property is surplus. In response to a concern regarding the investment required to re-design the municipal marina and gain 64 slips, Mr. Cuba said the new slips would accommodate larger boats and provide additional amenities. Mr. Gildersleeve said current market trends indicate longer, wider slips are needed. Mr. Morris said new marina customers cannot fit their boats into current slips and many are willing to pay premium rates for additional width. The City Manager requested direction whether Council wanted to pursue the municipal marina or turn its attention to the downtown marina and it was indicated the focus should be on downtown. It was believed there is tremendous support and it may be time to go back to the voters regarding a downtown marina. Parks and Recreation Award a contract to renovate Ross Norton Pool (Bid #04-0005PR) to Pinellas Pools, Inc., Holiday, Florida for $433,950 and approve a change order deduct in the amount of $65,400 for a net contract amount of $368,550 and authorize the appropriate officials to execute same; and approve the transfer of $210,600 from Swimming Pool Renovations & Repairs capital improvement project (93271) and the expenditure of $88,962 from Recreation Facility Impact fees at first quarter. On May 21, 2005 the new recreation center at Ross Norton Park was opened to the public. As part of the design, the entrance to the aquatics center is now through the new recreation center. Phase II of the construction at the Ross Norton Complex involves the renovation of the Ross Norton Pool. Staff attempted to complete the renovations of the pool at the same time the new center was being constructed however, due to increased costs and tight scheduling requirements involving the opening of the pool for the summer season, renovations were delayed until now. Included in the Capital Improvement Budget is a project for Swimming Pool Renovations and Repairs. In addition, the City was awarded and accepted a Florida Recreation Development Assistance Program (FRDAP) grant for $200,000 for the aquatics center. Work on the aquatics facility will include marciting the existing pool, installing new decking material, installation of a plunge pool and activity pool, feature slide, shade shelters/umbrellas, picnic area and other miscellaneous water park amenities. This contract includes the construction of a plunge pool for the slide, activity pool for the water playground, marciting the main pool including the diving well and other miscellaneous pool related issues. The total base bid of $433,950 includes a 10% contingency. Staff is recommending that the installation of the kool deck, totaling $43,500, be valued engineered out of the contract and the contingency be reduced from 10% to 5%. A more economical surface will be installed instead of the kool deck. None of these items will have a major adverse impact on the design and function of the facility. Construction time is 120 days, providing an anticipated completion date in April 2006. Operating expenses for the renovated pool with the additional water features have been included and approved in the FY 2005/06 operating budget. In response to a question, Parks and Recreation Director Kevin Dunbar said the term “marciting” is generic and should read “refinishing.” Mr. Dunbar said the ambience of the decking will not be reduced. Police Approve Certificate of Award and accept a FY 2005 COPS Technology Program Grant in the amount of $246,661 from the U.S. Department of Justice/Office of Community Oriented Policing Services (USDOJ/COPS) and authorize the appropriate officials to execute same. The Police Department has received official notification from USDOJ/COPS (U.S. Department of Justice/Office of Community Oriented Policing Services) that it has been awarded a grant in the amount of $246,661 from the USDOJ/COPS Office for funding of a new Computer Aided Dispatching System (CADS). Clearwater’s existing CAD system was purchased in 1996, and is nearing the end of its life expectancy. The events of 9/11 have redefined the needs for CADS data to be interoperable with other agencies. The new CAD system will put Clearwater on the cutting edge of computer aided dispatching and enable its employees to further enhance existing community policing services. The new CADS will also allow Clearwater Police employees to provide quicker response times that will lead to better community policing services to the public. A high priority for the system that Clearwater ultimately selects is that it also be capable of interfacing with other State and local systems. Project outcomes will include: improvement in customer service; faster response times to calls for service; and increased efficiency of Clearwater Police employees. A new state-of-the-art CAD system will be a huge asset to Clearwater’s crime prevention activities. By having a better overall communications system, Clearwater police employees will be better able to provide community-policing services to the neighborhoods they serve. Clearwater residents have a very high expectation of their Police Department. The new CAD system will allow the Department to continue to live up to those expectations. In response to questions, Deputy Police Chief Dewey Williams said the only condition of the grant is to complete the expenditure by 2007. This system will allow Clearwater to share crime data with other jurisdictions. The City will maintain its own dispatch system. This request is unrelated to police vehicles or the telephone menu for non-emergency calls. Amend Code Sections 6.21 and 6.31, Open Consumption of Alcohol and pass Ordinance #7543-05 on 1st reading. Code Section 6.31 has been on the books for many years and prohibits the consumption of alcoholic beverages and the possession of opened or unsealed containers containing an alcoholic beverage in variously defined public places such as the beach, public parking lots and parks. Section 6.31 also prohibits the consumption of alcoholic beverages within 500 feet from an alcoholic beverage establishment. The existing code created two enforcement problems: 1) before taking enforcement action against an individual who was located within 500 feet from an alcoholic beverage establishment, an officer had to actually observe an individual drink from an open container of alcohol; and 2) while it was unlawful for an individual to consume alcohol or posses an opened or unsealed container containing an alcoholic beverage on a publicly owned parking lot, an individual could consume alcohol or posses an opened or unsealed container containing an alcoholic beverage on a nearby privately owned parking lot of a commercial establishment. The proposed revisions will make it unlawful for a person to possess an opened or unsealed container containing an alcoholic beverage within 500 feet from an alcoholic beverage establishment, or to consume or possess an opened or unsealed container containing an alcoholic beverage on a privately owned parking lot that is opened to public use for the purpose of vehicular traffic such as the parking lots of malls, convenience stores, hotels, motels, and other commercial establishments. It is well established that allowing crowds to congregate and drink alcoholic beverages outside the premises where alcohol is sold and on parking lots opened to the pubic for the purpose of vehicular traffic leads to intoxicated disorderly conduct, traffic hazards, destruction of property, excessive noise and litter, and criminal activity, including illegal narcotics activity in these spaces. The ordinance provides for appropriate exceptions to special events, permitted sidewalk cafes or other locations licensed by the State of Florida for the sale or consumption of alcohol. The ordinance also provides for exceptions to publicly owned buildings such as the Harborview Center when rented for private parties or when authorized by the public agency that owns the property, so long as the sale or consumption of alcoholic beverages would otherwise be in compliance with the beverage laws of the State of Florida. Code Section 6.21 creates a definition for “opened or unsealed container containing an alcoholic beverage.” In response to a question, the City Attorney said this would not preclude private permitted events. Engineering Declare as surplus for the purpose of offering for sale by Invitation For Bid 01-06, vacant residential lots described as Plaza Park, Block H, the South 50 feet of Lots 1 & 2 (501 Pennsylvania Avenue) at the minimum bid amount of $35,000, and Springfield Sub. No. 2, Block 2, Lot 4 (1028 North Missouri Avenue) at the minimum bid amount of $40,000, both lots to be used for construction of housing affordable for qualified buyers under 80% of Area Medium Income. Title to the vacant lot at 501 Pennsylvania Avenue was conveyed to the City by Certificate of Title issued by the Clerk of Court on August 14, 1998, in settlement of a foreclosure judgment in favor of the City for unpaid liens of a CDBG (Community Development Block Grant) housing rehabilitation loan, demolition lien, unpaid interest, attorneys' fees and court costs totaling $18,781.59. Title to the vacant lot at 1028 North Missouri Avenue was conveyed to the City by Certificate of Title issued by the Clerk of Court on April 28, 1999, in settlement of a foreclosure judgment in favor of the City for an unpaid demolition lien, unpaid interest, attorneys' fees and court costs totaling $15,545.52. The City paid an additional $1,945.53 to satisfy past due property taxes for previous years. On September 29, 2005, State Certified Appraiser Joseph Fornito performed an appraisal of each lot, valuing the 5,000 square-foot Pennsylvania Avenue lot at $35,000 ($7 per square-foot), and the 7,992 square-foot Missouri Lot at $40,000 (approximately $5 per square-foot). Upon the subject parcels being declared surplus, they will be offered for sale by Invitation For Bid 01-06 in compliance with City purchasing regulations. In order to foster construction of affordable housing in the North Greenwood neighborhood, it is recommended that the successful bidder construct housing that prospective buyers under 80% of Area Medium Income would be able to purchase. In response to a question, the City Attorney said anyone can bid on surplus property. The City cannot give away property. In response to a concern, the City Attorney said the contract will come back to the Council for approval. Staff will check to see if the proposed construction meets the required criteria. Approve a Contract For Sale of Real Property with Bethel Christian Center, Inc. to sell property described as Lots 6, 7 & 8, Block "B", First Addition to Norwood for the sum of $119,503, and authorize appropriate officials to execute same, together with related instruments required to effect closing. On September 1, 2005 Council declared the subject vacant lots as surplus for the purpose of offering for sale by advertising for bid with the minimum bid amount of $33,000 per lot. On September 4, 2005 Invitation For Bid 37-05 was issued and advertised in the St. Petersburg Times. On September 22, 2005, two sealed bids meeting and exceeding the minimum bid requirement were submitted by the 10:00 a.m. deadline. American Housing Corporation submitted a bid of $35,000 per lot. Bethel Christian Center ("Bethel") submitted a bid of $119,503. The subject contract with Bethel stipulates that Bethel will make a cash down payment of $6,003 and give the City a Note and Purchase Money Mortgage in the amount of $113,500 payable $717.41 per month including principal and interest at 6.5% per annum, having a 30-year term with the entire remaining principal balance, together with accrued interest, due and payable not later than 5 years following closing. The mortgage also will require that Bethel's contemplated construction of an assisted living facility be completed within 36 months following closing. Upon an additional 20% reduction in the mortgage balance, the City will subordinate its lien interest to a new first mortgage. Closing is stipulated to occur within 30 days following City execution of the agreement. In 1999 the lots were purchased with $54,000 in CDBG Program funds disbursed from the City's Infill Housing Fund 181-99661 ("Fund"). In accordance with Section 570.500 of the Program, the gross income generated by Program funds, including all sale proceeds from this transaction, will be returned to the Fund. In response to a question, Assistant Director of Engineering Al Carrier said this project will construct an ACLF (Adult Congregate Living Facility), not a nursing home. Adopt Resolution #05-38 requesting the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("TIFF") enter into a 50-year lease with the City for TIFF owned property known as the Clearwater Armory, legally described as Lot 1, Greenfield Subdivision, located at 708 N. Missouri Avenue and approve TIFF Lease Agreement Number 4503 that, among its provisions, requires payment of a $300 annual administrative fee and submittal of a Management Plan within 10 months following lease commencement, and authorize appropriate City officials to execute same. The Florida National Guard ("Guard") leased the Clearwater Armory at 708 North Missouri Avenue from TIFF since 1967, until relocating operations to the new Joint Armed Forces Reserve Training Center in Pinellas Park earlier this year. In June 2004, the Guard inquired if the City would be interested in leasing the facility. Following preliminary discussions, the City Manager sent a written request to the Florida Division of State Lands on September 30, 2004, to develop a 50-year lease authorizing the City to utilize the property for an event support facility and to house the Parks and Recreation Department's electrical operations. The two 1940 vintage steel and masonry buildings on the 3.13-acre site contain over 17,800 square-feet of space. A physical inspection of the property by City staff on November 30, 2004 concluded the buildings were solidly constructed and in generally good condition. Both the Guard and the City employed environmental firms to inspect, sample and assess the present environmental status of the property. Investigatory findings are contained in three Environmental Reports that together establish the current environmental baseline for the property. The lease provides that the City has no liability to either the State or third parties for any reported environmental conditions, but may be held responsible for additional environmental degradation should it occur during the lease term. As stipulated in the Lease Agreement, the City will utilize the Armory for the establishment and operation of an event support facility, other municipal and recreational based programs, and related uses to be designated in the Management Plan the City must submit within 10 months following lease commencement. Following adoption of Resolution 05-38 and approval and execution of the Lease Agreement by City officials, the Lease Agreement will be returned to TIFF for final execution. It is anticipated the Effective Date of the lease will be on or before January 1, 2006. In response to a question, Mr. Dunbar said renovation funds will cover minor improvements such as retrofitting the building for City use. No major improvements will be made. The property will be insured as are other City assets. In response to a question, it was indicated when the City has no use for property, it is declared surplus. Planning Approve revisions to the Community Development Code and pass Ordinance 7449-05 on first reading. Since the passage of the Community Development Code in 1999, the Planning Department has reviewed the Code as it applies to certain proposed development and the City process of development review applications. Staff has provided input toward improving the Code based on how staff has experienced the Code’s application toward various circumstances. Staff developed a list of existing CDC provisions that should be amended to better reflect development patterns, improve internal process and improve consistency with the Comprehensive Plan, Countywide Rules and Florida Statutes. The Planning Department is recommending a total of 53 amendments to the Community Development Code. Approximately nine amendments present a change in current policy or a new policy issue and are as follows: Parking Requirements – Increases the minimum parking space requirement for attached dwellings from 1.5 spaces to 2 spaces per unit in the LDR, LMDR, MDR, MHDR, HDR and T Zoning Districts. This amendment addresses concerns raised by the Planning Department, the Council, and the public regarding the need for additional parking for new development. Comprehensive Infill Redevelopment – This amendment limits comprehensive infill uses to only those uses allowed as Minimum Standard, Flexible Standard, and Flexible Development uses permitted by the particular zoning district. Seasonal Sales – This amendment requires that seasonal businesses be located at least 500 feet from any permanent business selling the same type of product. Affordable Housing Parking Requirements – This amendment provides flexibility with regard to parking requirements for affordable housing, enables the applicant to request a reduction in the minimum parking requirements to one parking space per unit, recognizes the need to assist in the development of affordable housing by providing flexibility not generally afforded to market rate housing, and recognizes many affordable housing developments are located along public transportation lines and a higher proportion of residents within affordable housing units relay on public transportation. Design Standards for Parking Lots and Parking Garages – This amendment improves design specifications for surface parking lots and parking garages. It adds a provision to clarify the placement of structural columns in relationship to the location of a parking space, providing adequate space for maneuvering vehicles and for pedestrian safety and movement. Advertising – This amendment provides where an advertising requirement is set forth in the Florida Statutes, notices shall be provided in accordance. Where no requirement is set forth, all notices shall be provided at least 10 days but not more than 45 days in advance of the public hearing. Reduces the number of days notice is to be provided for cases before the Development Review Committee and Community Development Board from 15 to 10 days. Transferable Development Rights (TDRs) – This amendment eliminates the 20 percent limitation on TDRs for overnight accommodations in the Clearwater Beach Community Redevelopment District and for all property within the Central Business District (Downtown). This revision is intended to provide an incentive for hotel development on the Beach, as well as bring consistency between the Code and the Downtown Plan. Definition of “Height” – This amendment revises the definition of height to include a provision that specifies that permanent structures may not be constructed on the roof that would support rooftop occupancies. This provision would prohibit the construction of rooftop pavilions, gazebos, lattice, etc. Fee Schedule – This amendment creates a new fee for temporary seasonal sales because these businesses are allowed to compete with permanent businesses but not responsible for paying property taxes, impact fees, etc. Other amendments are editorial in nature, provide additional flexibility criteria, or refinements to existing Community Development Code sections. Assistant Planning Director Gina Clayton highlighted the major policy issues in the ordinance. The Community Development Board (CDB) will review the proposed amendment at its regularly scheduled meeting on November 15, 2005. The Planning Department will report the recommendations of the CDB at the Thursday night’s City Council meeting. Council reviewed and discussed proposed changes. In response to question, Ms. Clayton said staff would review criteria for inoperable cars in carports. Discussion ensued in regard to the separation distance between a seasonal and a permanent business. Support was expressed for a distance separation of 750 feet. The City Council recessed from 3:47 to 3:53 p.m. Discussion ensued regarding permanent structures that accommodate rooftop occupancy and it was recommended these type structures be allowed if within the maximum allowable height of the building. Discussion ensued regarding the provisions of comprehensive infill redevelopment and it was suggested it be made a Level 3 approval. The City Attorney expressed concern comprehensive infill allowing something in an area not otherwise permitted. No changes regarding comprehensive infill were proposed at this time and this issue will be further discussed at Thursday night’s meeting. Other Council Action Mayor Hibbard said the MPO (Metropolitan Planning Organization) is proposing a single name for roads running through multiple jurisdictions. He favored including State Route Designations along with the local name and requested a letter be drafted stating Council support. He invited attendance at tonight’s Visioning Session at the Harborview Center. Adjourn The meeting adjourned at 4:48 p.m.