11/16/2005
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CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 16, 2005
Present:
Frank V. Hibbard
William C. Jonson
Hoyt P. Hamilton
Carlen A. Petersen
John Doran
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Mary K. Diana
Brenda Moses
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
Assistant City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Pastor Mark Silvers from Skycrest Baptist 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.
The Mayor recognized Executive Assistant, Carolyn Brink, on her retirement.
4. Introductions and Awards:
4.1 Service Awards
Two service awards were presented to City employees.
5 Presentations:
Scout Troop 456 was in attendance and recognized.
5.1 State of the City Report
The City Manager presented his report and highlighted accomplishments during the last
fiscal year. He said the vision statement has been revisited and refined. Staff was
complimented on the new report.
5.2 Naqano Teachers
Cultural Affairs Manager Margo Walbot introduced two teachers from Nagano, thanked
host families, the Pinellas County School System, the Sister Cities Program organization and
the Sister City Advisory Board.
The Nagano teachers said they enjoyed visiting Clearwater and presented the Mayor
with a gift.
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Fire Chief Jamie Geer introduced new fire department recruits. Firefighter and Honor
Guard Coordinator Doug Swartz administered the Oath of Honor to the recruits.
5.4 Brownfield Award Presentation to Council
Economic Development & Housing Director Geri Campos presented the Council with an
award received at the annual Brownfield Conference for the City's poster highlighting Fire
Station #51.
5.5 Citizen's Academy Graduates
The Mayor introduced and congratulated the 17 graduates of the Clearwater 101
Citizen's Academy.
6 Approval of Minutes
6.1 November 3. 2005
Councilmember Petersen moved to approve the minutes of the regular meeting of
November 3, 2005, as submitted in written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
. 7 Citizens to be Heard re Items Not on the Agenda
Todd Pressman requested review and clarification of the retail sales and services
provision of the Code that lists animal boarding as a permitted use.
Frank Dame commended efforts to develop a downtown marina and mitigate the loss of
boat slips.
Public Hearings
8 Administrative public hearings
8.1 Declare as surplus for the purpose of offerinq 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 housinq 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 housing rehabilitation loan, demolition
lien, unpaid interest, attorneys' fees and court costs totaling $18,781.59.
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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
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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.
Councilmember Jonson moved to 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. The motion was duly seconded and carried
unanimously.
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8.2 Continue to December 1. 2005 the applicant's request to vacate the utility easement
retained over the vacated portion of North-East Cleveland Street Iyinq between Lots 15 throuqh
22 of Block "B", of Bassedena Subdivision, (a.k.a. 1100 Cleveland Street), and Lots 1 throuqh
14 of Block "A" of said Bassedena Subdivision, (VAC2005-17 Clearwater Centre, LLC).
Councilmember Petersen moved to continue Item #8.2 to December 1, 2005. The
motion was duly seconded and carried unanimously.
8.3 Approve revisions to the Community Development Code and pass Ordinance #7449-05 on
first readinq.
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:
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· 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
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Department, the Council, and the public regarding the need for additional parking for
new development.
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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.
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Seasonal Sales - This amendment requires that seasonal businesses be located at
least 500 feet from any permanent business selling the same type of product.
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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.
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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.
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Other amendments are editorial in nature, provide additional flexibility criteria, or
refinements to existing Community Development Code sections.
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Ms. Clayton highlighted amendments being considered and reviewed changes
recommended at Monday's Work Session.
She said the CDB (Community Development Board) recommended approval of the
ordinance with the following three changes: 1) remove all provisions related to comprehensive
infill to allow staff more time to work on the issue; 2) increase the distance requirement between
seasonal sales and permanent businesses to 1,000 feet; and 3) allow fixtures relating to rooftop
occupancy if within the maximum allowable height. In response to a question, she said the
board had no specific recommendations regarding comprehensive infill except requesting that
staff come up with alternatives to bring back for review.
Discussion ensued regarding comprehensive infill and it was indicated that Level 3
approval was not being pursued and that staff has been working on alternatives and will be
bringing this issue forward in January.
Discussion ensued in regard to allowing property owners to use a portion of their
rooftops for temporary amenities to enjoy views, etc. It was noted the Code allows mechanical
equipment to extend beyond the rooftop. Concern was expressed if rooftop amenities are not
restricted to the maximum height of the building, another story may be added. A question was
raised regarding why elevator shafts are permitted to project up t016 feet. Mr. Delk said there
are different systems for elevators and explained how staff arrived at 16 feet. Concern was
expressed allowing this height encourages the elevator to extend to the rooftop.
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Member Hamilton moved to amend Section 50 of the ordinance by removing proposed
additional language regarding definition of height, building or structure for further review. The
motion was duly seconded, and upon the vote being taken, Councilmember Hamilton voted
"Aye"; Councilmembers Jonson, Petersen, and Doran, and Mayor Hibbard voted "Nay." Motion
failed.
Two persons spoke in support of the distance requirements between temporary and
permanent businesses.
In response to a question, Mr. Delk said the CDB felt a 1 ,OOO-foot distance would better
protect permanent business owners.
In response to questions, Ms. Clayton said the Code permits temporary business owners
to display a 12 square-foot sign and the City does not collect any fees from the temporary
business owners. It was requested staff review the standards for temporary businesses such as
parking, fencing, signage, restroom facilities, etc. Concern was expressed the ordinance not
adversely affect charities, result in unintended consequences or negatively impact the
permanent business community.
Councilmember Petersen moved to amend Section 39 of the ordinance to reflect a
1,OOO-foot separation be required between a seasonal business and any permanent business
whose primary business is selling the same product as the seasonal business. The 1,000 feet
shall be measured from property line to property line. The motion was duly seconded, and
upon the vote being taken, Councilmembers Petersen, Hamilton, and Doran and Mayor Hibbard
voted "Aye"; Councilmember Jonson voted "Nay." Motion carried.
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Councilmember Doran moved to amend the ordinance by removing all language relating
to Comprehensive Infil!. The motion was duly seconded.
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Concern was expressed in unintended consequences by what is being proposed in the
ordinance regarding Comprehensive Infil!. In response to a question, Ms. Clayton said only
uses allowed in a district are allowed under this designation.
Upon the vote being taken, the motion carried unanimously.
In response to a question, Mr. Delk said staff will work with the Neighborhood Services
staff regarding inoperable vehicles in carports.
Councilmember Doran moved to approve Item 8.3 as amended. The motion was duly
seconded.
In response to a question regarding TDRs, Mr. Delk indicated phase 2 regarding
incentivizing hotel development will be reviewed during the first quarter of 2006.
Upon the vote being taken, the motion carried unanimously.
Ordinance #7449-05 was presented, as amended, for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7449-05, as amended, on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
8.4 Continue the Settlement AQreement reqardinq National Advertisinq Company V. City of
Clearwater, Circuit Court Case #00-003844-CI-011, consolidated with Lamar Whiteco Outdoor
Corporation V. City of Clearwater, Consolidated Circuit Court Case #00-001939-CI-020.
Councilmember Petersen moved to continue Item #8.4 to a date uncertain. The motion
was duly seconded and carried unanimously.
9 Quasi-judicial public hearings - None.
10 Second Readings - public hearing - None.
City Manager Reports
11 Consent Agenda - Approved as submitted.
11.1 Declare the list of vehicles surplus to the needs of the City and authorize disposal throuqh
sale to the hiqhest bidder at the Tampa Machinery Auction. Tampa. Florida.)
11.2 Approve leqal services aqreements between Fowler White Boqqs Banker and the City of
Clearwater and The Law Office of Tim Jesaitis. P.A.. and the City of Clearwater for leqal
services relatinQ 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.
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11.3 Approve an aqreement with Decade Properties. Inc. d/b/a Clearwater Bay Marina from
December 1. 2005 to November 30. 2006. a one (1) year period. for the collection of daily
parkinq fees at the Seminole Street Launch Ramps for twenty-five percent (25%) of fees
collected and authorize the appropriate officials to execute same.)
11.4 Approve License Aqreement with Bay Bounce. LLC. to provide entertainment concessions
at Pier 60. for the term of October 1,2005 to September 30, 2006. with an estimated qross
revenue to the City of $50.000 and authorize the appropriate officials to execute same.
11.5 Award a contract to renovate Ross Norton Pool (bid #04-0005PR) to Pinellas Pools, Inc..
Holiday. Florida for $433,950 and approve a chanqe 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 Swimminq Pool Renovations & Repairs capital
improvement proiect (93271) and the expenditure of $88.962 from Recreation Facility Impact
fees at first quarter.
11.6 Approve Certificate of Award and accept a FY 2005 COPS Technoloqy Proqram Grant in
the amount of $246.661 from the U.S. Department of Justice/Office of Community Oriented
Policinq Services (USDOJ/COPS) and authorize the appropriate officials to execute same.
11.7 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, toqether with related instruments
required to effect closinq.
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11.8 Award a contract to Adams Tank & Lift. Inc. of Pinellas Park, Florida, the lowest most
responsible bid for the removal and replacement of the underqround fuel storaoe tanks at the
Clearwater Municipal Marina in the amount of $258,374.60 and authorize the appropriate
officials to execute same.
11.9 Award a contract for the 2005 Drainaqe Improvements Proiect (05-0001-EN) to Rowland
Inc. of Pinellas Park, Florida for the sum of $623.490.46 which is the lowest responsible bid
received in accordance with the plans and specifications and authorize the appropriate officials
to execute same.
11.10 Approve and accept the terms and conditions of that General Utility Easement Pinellas
County, a political subdivision of the State of Florida. proposes to qrant to the City of Clearwater
to encumber a 15,000 square foot parcel of land Iyinq within Section 4-29-16, Pinellas County,
Florida, to be used as the site for the Drew/Union reclaimed water booster pump station and
authorize appropriate officials to execute same.
11.11 Approve the final plat for "VENETIA COVE" located approximately 400 feet west of Fort
Harrison Avenue at 308 Venetian Drive.
11.12 Approve the Cooperative Fundinq Aqreement between the Southwest Florida Water
Manaqement District (SWFWMD) and the City of Clearwater for fundinq the Alliqator Creek
Implementation Proiects. Phase III. Channel F (L552) in the amount of $1.000.000 and
authorize the appropriate officials to execute same.
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11.13 Authorize the City Manaaer to sian a Joint Participation Aareement with the Florida
Department of Transportation to allow the City of Clearwater to be reimbursed for the cleanup of
storm debris from Federal and state roadways within the City Limits. after hurricane JEANNE
durina the 2004 Hurricane Season in the approximate amount of $54.299.
Purchasing
11.14 Steco Division of Blue Tee - Purchase three (3) 2006 Steco aluminum eiector transfer
trailers at a cost of $179.052.
11.15 Pinellas County Solid Waste - Disposal of brush and miscellaneous materials durina the
period December 2. 2005 throuah December 31.2006. at a cost not to exceed $180.000.
Councilmember Hamilton 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.
12 Other items on City Manager Reports
12.1 Adopt Resolution #05-46 nominatina Census Tract 261 Block Group 5 and a portion of
Census Tract 259.01 Block Group 1 for the re-desianation of Enterprise Zone 5202.
The City of Clearwater was designated an Enterprise Zone (EZ) in 1998. The original
Enterprise Zone (EZ) boundaries include seven census tracts with seventeen 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).
(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 Enterprise Zone census tracts
have ten geographic block groups that meet the 20% poverty rate. Rule (b) states that 50% of
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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, we can only nominate 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, we are
nominating a portion of census tract 259.01 block group 1, see attached map for boundaries.
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.
. Councilmember Doran moved to approve 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 motion was duly seconded and carried unanimously.
Resolution #05-46 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #05-46 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.2 Adopt Resolution #05-27 renewinq lease #520030564 with the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida Sovereiqn Submerqed Lands until May
26.2030; a parcel of sovereiqn submerqed land in Section 17-29-15. in Clearwater Harbor.
Pinellas County. containinq 13.368 square-feet. more or less and authorize the appropriate
officials to execute same.
Accepting this lease renewal for submerged lands authorizes the City of Clearwater to
continue to use State owned bottomland for the docks at the Clearwater Community Sailing
Center. The docks are to be used exclusively for mooring of recreational vessels, launching
sailboats, and as access to the Intercoastal Waterway and Clearwater Harbor in conjunction
with an upland municipal sailing center.
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The term of the lease is extended through May 26, 2030.
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The Marine and Aviation Department requests the City Council grant authority to the City
Manager to accept the Sovereignty Submerged Lands Lease renewal in order to continue using
the docking facility at the Sailing Center.
Councilmember Jonson moved to approve renewing lease #520030564 with the Board
of Trustees of the Internal Improvement Trust Fund of the State of Florida Sovereign
Submerged Lands until May 26,2030; a parcel of sovereign submerged land in Section 17-29-
15, in Clearwater Harbor, Pinellas County, containing 13,368 square-feet, more or less and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
Resolution #05-27 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #05-27 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.3 Amend Code Sections 6.21 and 6.31, Open Consumption of Alcohol and pass Ordinance
#7543-05 on first readinQ.
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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.
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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.
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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."
Councilmember Doran moved to approve amending Code Sections 6.21 and 6.31, Open
Consumption of Alcohol. The motion was duly seconded and carried unanimously.
Ordinance #7543-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7543-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
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12.4 Adopt Resolution #05-38 requestinq 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. leqally described as Lot 1. GREENFIELD
SUBDIVISION, located at 708 N. Missouri Avenue and approve TIFF Lease Aqreement Number
4503 that. amonq its provisions, requires payment of a $300 annual administrative fee and
submittal of a Manaqement Plan within 10 months followinq 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.
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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
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programs, and related uses to be designated in the Management Plan the City must submit
within 10 months following lease commencement.
Anticipating this lease, Parks & Recreation staff budgeted $40,000 in the special events
operating budget (1804) for FY 2005/06 to cover operating expenses, including the $300 annual
State administrative fee. In addition, Capital Improvement Project 3248 was established and
approved for $330,000 to provide for Armory renovations.
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.
Councilmember Jonson moved to approve 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 motion was
duly seconded and carried unanimously.
Resolution #05-38 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #05-38 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
13 City Attorney Reports - None.
14 City Manager Verbal Reports - None.
15 Council Discussion Items
Council member Hamilton referred to the County's action regarding the Tierra Verde high
and dry marina and indicated Clearwater's need for such a facility. He requested that staff
investigate options regarding acquiring property in the area adjacent to the Seminole boat
docks.
Support was expressed in creating a working waterfront community and it was remarked
the first priority should be a downtown marina.
Concern was expressed regarding land costs, and it was indicated if cost prohibitive, the
City may want to look for other partners.
Staff was directed to explore the possibility and costs of locating a high and dry facility in
the Seminole launch ramp area.
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16 Other Council Action
Councilmembers reported on events in which they recently participated, reviewed
upcoming events, commented on the visioning process, thanked Duke Tieman and Lake
Belleview for Dinner of Thanks, and wished all a Happy Thanksgiving.
Council member Jonson thanked the County for their support and cooperation regarding
a reclaimed water pump location, noted a requirement of the Courtney Campbell Scenic
Highway designation was to prepare a historical corridor story, and said Clearwater has a lot of
wonderful stories that are part of its history.
Councilmember Hamilton welcomed Publix in Northwood Plaza.
Councilmember Petersen thanked the Chamber regarding efforts on workforce housing
and expressed a need for affordable housing.
Councilmember Doran congratulated the Pinellas Realtor Organization on their new
building, complimented the City Manager and staff for great year, thanked the Mayor for working
on senior services recommendations and ensuring the City had a Veteran's Day recognition
ceremony, felt progress was being made on the well city initiative, and looked forward to
another good year.
Mayor Hibbard appreciated the City Manager's annual report, thanked those who
brought the Iron man event to Clearwater, and reported Westfield Shopping Center had
presented a $69,000 check for charities.
17 Adjourn
The meeting adjourned at 8:33 p.m.
~~/~
"Mayor
City of Clearwater
Council 2005-11-16
13