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01/18/2007 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER January 18, 2007 Present: Frank Hibbard Carlen Petersen J.B. Johnson William C. Jonson John Doran Also present: William B. Horne II Garry Brumback Rod Irwin Pamela Akin Cynthia E. Goudeau Rosemarie Call Mayor Vice-Mayor Council member Councilmember Council member City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Management Analyst The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Rev. Donna Oberkreser from Central Christian Church. The Mayor led the Pledge of Allegiance. To provide for continuity for research, items are in agenda order although not necessarily discussed in that order. 4. Presentations 4.1 Education Plan on Penny for Pinellas - County Administrator. Steve Spratt Pinellas County Administrator Steve Spratt reviewed Penny for Pinellas 3 and presented a video to be used in the education campaign. Mr. Spratt encouraged City officials to pass a resolution in support of Penny for Pinellas. 4.2 Neiohborhood. Home and Business of the Quarter Awards The Neighborhood of the Quarter Award was presented to Harbor Oaks. The Home of the Quarter awards were presented to: 1) Ed and Linda Clark, 10 North Lake Avenue; 2) James T. Ponticelli, 1626 Cleveland Street; 3) James Strickland and Elizabeth Cruickshank, 1637 Cleveland Street; 4) Michael Sabota, 2472 Burnice Drive. The Winter 2007 Business Beautification Award was presented to Hassell Florist. Council 2007-1-18 1 4.3 Award for Adopt-A-Street Participant of the Year The 2006 Adopt-A-Street Participant Awards were presented to: Diane and Frank Ingram, John Wiser, the Phillip Curry Family, and Countryside Kiwanis. 4.4 Iron Man Presentation Iron Man President Ben Furtig presented an excerpt of the video to be aired on television this upcoming March. 5. Approval of Minutes 5.1 Approve the minutes of the December 14. 2006 City Council Meetina as submitted in written summation by the City Clerk. Councilmember Doran moved to approve the minutes of the regular meeting of December 14, 2006, as recorded and submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Tom Hawkins and Howard Oak opposed the proposed land swap with Pinellas County School District to develop a school bus depot. Elaine Hartman said the Skycrest community is committed to the community. Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings 7.1 Approve amendments to the Community Development Code relatina to occupational licenses and pass Ordinance 7725-07 on first readina. On June 12,2006, House Bill 1269 was signed into law, to be effective on January 1, 2007. This bill affects local governments by mandating the change of the wording of "Occupational Licenses" to "Business Tax Receipts" and other related terms and language. The proposed city ordinance 7725-07 includes this required change in language in Part 1 Community Development Code, Article 3 Community Development Standards, Division 23, Sections 3-2302,3-2303,3-2304,3-2306,3-2307, Article 4, Development Review and Other Procedures, Division 2, Sections 4-202, 4-205, and Article 8 Definitions and Rules of Construction, Section 8-102, Community Development Code and Building and Development Regulations. This proposed ordinance was reviewed by the Community Development Board on November 21, 2006 and recommended for approval. Council 2007-1-18 2 Councilmember Petersen moved to approve amendments to the Community Development Code relating to occupational licenses. The motion was duly seconded and carried unanimously. Ordinance 7725-07 was presented for first reading and read by title only. The Council recessed from 6:58 p.m. to 7:04 p.m. City Attorney Pam Akin noted the ordinance distributed to Council is incorrect and advised continuing first reading. Councilmember Doran moved to continue Ordinance 7725-07 on first reading to the January 31,2007 City Council meeting. The motion was duly seconded and carried unanimously. 7.2 Approve the Development Aareement between Trianale Old Bay Holdinas. LLC. (the property owner) and the City of Clearwater and adopt Resolution 07-02. (DV A2006- 00001 ) The subject property is 5.18 acres (including 0.2 acres located within the Preservation (P) Future Land Use Plan category that does not generate density). It is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the south, Georgia Street to the north and Clearwater Harbor to the west. On November 21, 2006, the Community Development Board approved a Flexible Development application (FLD2006-05030) for the construction of a mixed-use development consisting of 358 attached dwellings (84.43 units/acre) and 13,235 square feet of non-residential floor area (0.5 F.A.R.). The development proposal includes the use of 109 attached dwellings and 13,235 square feet of non-residential floor area from the Public Amenities Incentive Pool of the Clearwater Downtown Redevelopment Plan in exchange for the provision of 358 dwelling units (including those requested from the Pool) within the Downtown Plan area, and substantial contributions to the Master Streetscaping and Wayfinding Plan along North Fort Harrison Avenue, North Osceola Avenue, Jones Street and Georgia Street as well as the their intersections (valued at approximately $3.24 million). Further, the development proposal itself is a mixed-use project that will further the Plan's major redevelopment goals and character district vision, which is also an eligible amenity from which to enable the use of the Pool. The proposed Development Agreement sets forth public/private obligations. The City recognizes the economic and aesthetic benefits that will result from private development. Council 2007-1-18 3 The Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions: The property shall be developed in three (3) phases as set forth in Development Agreement Exhibits "D-1", "D-2" and "D- 3". The first phase of the development will commit the entire 5.18 acres of the subject property and includes the construction of 116 dwelling units and draws one (1) dwelling unit from the Public Amenities Incentive Pool. The second phase includes the construction of 109 dwelling units and draws one (1) dwelling unit from the Public Amenities Incentive Pool. The third phase includes the construction of 133 dwelling units and 13,235 square feet of non-residential floor area of which 109 dwelling units and the entirety of the non-residential floor area will be drawn from the Public Amenities Incentive Pool; The building height to the highest point of the finished flat roof surface of the three (3) Island View condominium towers shall not exceed 180 feet above the mean site elevation. Building height to the top of parapet of the two (2) buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village site; The parties acknowledge that it is conceivable that the Project will not proceed to full completion of all phases. Accordingly, the Developer agrees that the 2.0 acre parcel of land described on Development Agreement Exhibit "H" shall be dedicated to support the entitlements which comprise Phase 1, and shall remain encumbered by the provisions of this Development Agreement notwithstanding the amendment of the site plan for the balance of the property; No certificate of occupancy shall be issued for any phase until the streetscaping associated with that phase has been substantially completed as set forth in the Development Agreement Exhibits "E", "E-1 ", "E-2" and "E-3"; The City shall consider the vacation of North Osceola Avenue and the vacation of three drainage and utility easements and one ingress/egress easement as described in the related vacation request (Ordinance 7769-07). The existing right-of-way shall be closed only upon completion by the developer of the conditional requirements of the above referenced ordinance vacating said right-of-way. These conditions include deeding property to the City for the new 50 foot right-of-way for Osceola Avenue, the completion of a temporary road (parallel to North Fort Harrison Avenue) for use by emergency vehicles, and submission to the City a financial guarantee that all required construction and improvements to the relocated North Osceola Avenue (including relocation of utilities) will be made within two (2) years of the effective date of the vacation ordinance; Prior to the issuance of the first building permit for the subject property, the development shall record a deed restriction encumbering the property, which deed restriction shall be approved as to form by the City Attorney and which will generally describe the development limitations of the Development Agreement. The deed restriction shall be perpetual and may be amended or terminated only with the consent of the City; The City will approve site and construction plans for the subject property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code and that go through any applicable approval process; The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of downtown redevelopment set Council 2007-1-18 4 forth in the Clearwater Downtown Redevelopment Plan. Please refer to the staff report (DV A2006-0000 1) for the complete staff analysis. The Community Development Board reviewed this Development Agreement at its public hearing on November 21 , 2006 and unanimously recommended approval. One citizen expressed concern regarding lack of infrastructure. In response to questions, Triangle Old Bay Holdings representative Ed Armstrong said construction is not expected to take ten years; staging area will be limited due to the temporary vacation of Osceola Avenue during phase three. Sales Representative Phillip Jensen said sales are doing well and expects to meet pre-sale stipulation by May. Planning Director Michael Delk said infrastructure capacity is analyzed during the development approval process. Discussion ensued. Concerns were expressed regarding the Ft. Harrison frontage appearance during the construction phases. Directed staff to provide language to address requirements for the Fort Harrison frontage. Councilmember Petersen moved to continue Item 7.2 to the City Council meeting on January 31,2007. The motion was duly seconded and carried unanimously. 7.3 Approve Amendments to Beach bv Desian: A Preliminary Desian for Clearwater Beach and Desian Guidelines. revisino the Marina Residential District provisions and Pass Ordinance 7721-07 on first readina. In 2001 the Clearwater City Council adopted Beach by Design: A Preliminary Design for Clearwater Beach. This special area plan sets forth a series of strategies to revitalize Clearwater Beach and establishes eight character districts that regulate land uses and the scale of development. In August 2006, City Council imposed a six-month building moratorium for the 14-acre Marina Residential character district so the Planning Department could create a redevelopment framework that better balances development incentives with the provision of public amenities, allows greater flexibility with regard to uses and supports public access to the waterfront. Ordinance No. 7721-07 replaces the current Marina Residential District in its entirety and proposes the following: . A new vision supporting the redevelopment of the Marina District into a pedestrian and boater friendly destination with a variety of uses including overnight accommodations, restaurants, commercial, mixed-use, redevelopment and water-oriented uses; Council 2007-1-18 5 . An activity center at the intersection of East Shore Drive and Papaya Street that only allows overnight accommodations, commercial and mixed-use development. Stand-alone residential is not permitted in this particular location; . Height incentives for redevelopment projects of various sizes and uses if a public boardwalk and/or streetscape improvements are constructed; . Parking incentives for docks and preferred uses; . Vacating East Shore Drive if traffic circulation, relocation of utilities and emergency access issues can be mitigated; and . Site and architectural design criteria in addition to the provisions of the Community Development Code and Beach by Design guidelines. The Planning Department has determined that the proposed amendment is consistent with the provisions of the Clearwater Comprehensive Plan and the Community Development Code. The Community Development Board reviewed the proposed amendments to Beach by Design: A Preliminary Design for Clearwater Beach in its capacity as the Local Planning Agency (LPA) at its regularly scheduled meeting on December 22, 2006 and recommended approval by a vote of 4-3. Discussion ensued regarding staff proposed amendments to the Ordinance (Exhibit A attached hereto). Consensus was to include staff's recommended option regarding Transfer of Development rights and staff's language re clarification of mixed use and height provisions. It was noted the table on the second page of the proposed amendments needs to include reference to property only on the west side of East Shore. Nine citizens spoke in opposition to the vacation of East Shore Drive. One citizen expressed concern with height. In response to questions, Traffic Operations Manager Paul Bertels said the proposed bypass lane concept will yield little benefit during normal times; will provide some reduced delay at peak times and will benefit pedestrians crossing Mandalay. Bypass lane will not have a negative impact with roundabout. Discussion ensued regarding the need to consolidate properties and provide a boardwalk in order to take advantage of the incentives being proposed and resulting in the redevelopment desired. Directed staff to research effect of extending moratorium another 12 months and allowing higher level of development and to provide feedback regarding stakeholders' level of interest. Council member Doran declared a conflict of interest and recused himself. Council 2007-1-18 6 Councilmember Petersen moved to continue Item 7.3 to the City Council meeting on January 31,2007. The motion was duly seconded. Councilmembers Petersen, Johnson, Jonson, and Mayor Hibbard voted "Aye." Councilmember Doran abstained. Motion carried. 7.4 Approve amendments to the Community Development Code to make the Tourist "T" District consistent with Amendments to Beach by Desian: A Preliminary Desian for Clearwater Beach and Desian Guidelines and adopt Ordinance 7723-07 on first readina. Due to Item 7.3 being continued, this item also needs to be continued. Councilmember Petersen moved to continue Item 7.4 to the City Council meeting on January 31,2007. The motion was duly seconded and carried unanimously. 8. Quasi-judicial Public Hearings 8.1 Approve a Future Land Use Plan Amendment from the Institutional (I) Cateaory to the Residential Medium (RM) Cateaory and a Zonina Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District Cateaory for property located at 1980 Kinas Highway (consistina of a portion of Lot 9. E.A. Marshall Subdivision; and Pass Ordinances 7729-07 & 7730-07 on first readina. This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 2.21 acres in area located on the west side of Kings Highway, approximately 110 feet south of the intersection of Woodlawn Terrace and Kings Highway. This property has a FLUP classification of Institutional (I) and a zoning designation of Institutional (I). The applicant requested to amend the FLUP designation of the site to the Residential High (RH) classification and to rezone the property to High Density Residential (HDR) District in order to use the property for 30 attached residential units. The Planning Department recommended denial of the request, and instead recommended approval of the FLUP amendment from Institutional (I) to Residential Medium (RM), and rezoning from the Institutional (I) District to the Medium Density Residential (MDR) District subject to concurrence of the applicant. The applicant concurred. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: -The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. Council 2007-1-18 7 -The proposed use is compatible with the surrounding area. -Sufficient public facilities are available to serve the property. -The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the proposed plan category, the application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. During the November 21 , 2006 Community Development Board public hearing, the applicant amended the applications to comport with the staff recommendation. The Community Development Board unanimously recommended approval of both revised applications. Please refer to the staff report (LUZ2006-08004) for the complete staff analysis. In response to questions, Assistant Planning Director Gina Clayton said the maximum height will be 50 feet; it is believed the applicant intends to build town homes that will be connected to Clearwater Village. Councilmember Johnson moved to approve a Future Land Use Plan Amendment from the Institutional (I) Category to the Residential Medium (RM) Category and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District Category for property located at 1980 Kings Highway (consisting of a portion of Lot 9, E.A. Marshall Subdivision. The motion was duly seconded and carried. Ordinance 7729-07 was presented for first reading and read by title only. Council member Jonson moved to pass Ordinance 7729-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, and Doran. "Nays": None Absent: Hibbard Ordinance 7730-07 was presented for first reading and read by title only. Council member Doran moved to pass Ordinance 7730-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen,Johnson, Jonson, and Doran. Council 2007-1-18 8 "Nays": None Absent: Hibbard 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 7726-07 on second readina. annexina certain real property whose post office address is 1432 South Belcher Road. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance 7726-07 was presented for second reading and read by title only. Councilmember Johnson moved to pass and adopt Ordinance 7726-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Pet~rsen, Johnson, Jonson, and Doran. "Nays": None Absent: Hibbard. 9.2 Adopt Ordinance 7727-07 on second readina. amendina the future land use plan element of the Comprehensive Plan of the city to desianate the land use for certain real property whose post office address is 1432 South Belcher Road. upon annexation into the City of Clearwater. as Residential Urban and Residential/Office General. Ordinance 7727-07 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance 7727-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, and Doran. "Nays": None. Absent: Hibbard. 9.3 Adopt Ordinance 7728-07 on second readina. amendina the Zonina Atlas of the city bv zonina certain real property whose post office address is 1432 South Belcher Road. upon annexation into the City of Clearwater. as Low Medium Density Residential and Office (LMDRlO). Ordinance 7728-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7728-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2007-1-18 9 "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.4 Adopt Ordinance 7731-07 on second readina. annexina certain real property whose post office address is 2295 McMullen Booth Road. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance 7731-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7731-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.5 Adopt Ordinance 7732-07 on second readina. amendina the future land use plan element of the Comprehensive Plan of the city to desianate the land use for certain real property whose post office address is 2295 McMullen Booth Road. upon annexation into the City of Clearwater. as Institutional. Ordinance 7732-07 was presented for second reading and read by title only. Councilmember Johnson moved to pass and adopt Ordinance 7732-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Jonson, Doran, and Hibbard. "Nays": None. Absent: Petersen. 9.6 Adopt Ordinance 7733-07 on second readina. amendina the Zonina Atlas of the city by zonina certain real property whose post office address is 2295 McMullen Booth Road. upon annexation into the City of Clearwater. as Institutional (I). Ordinance 7733-07 was presented for second reading and read by title only. Council member Jonson moved to pass and adopt Ordinance 7733-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Jonson, Doran, and Hibbard. "Nays": None. Absent: Petersen. Council 2007-1-18 10 9.7 Adopt Ordinance 7734-07 on second readina. annexina certain real property whose post office address is 1300 Hiahfield Drive. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance 7734-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7734-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Jonson, Doran, and Hibbard. "Nays": None. Absent: Petersen. 9.8 Adopt Ordinance No. 7735-07 on second readina. amendina the future land use plan element of the Comprehensive Plan of the city to desianate the land use for certain real property whose post office address is 1300 Hiahfield Drive. upon annexation into the City of Clearwater. as Residential Low. Ordinance 7735-07 was presented for second reading and read by title only. Council member Johnson moved to pass and adopt Ordinance 7735-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.9 Adopt Ordinance 7736-07 on second readina. amendina the Zonina Atlas of the city by zonina certain real property whose post office address is 1300 Hiahfield Drive. upon annexation into the City of Clearwater. as Low Medium Density Residential (LMDR). Ordinance 7736-07 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance 7736-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.10 Adopt Ordinance 7737-07 on second readina. annexina certain real property whose post office address is 2031 North Betty Lane. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance 7737-07 was presented for second reading and read by title only. Council member Petersen moved to pass and adopt Ordinance 7737-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2007-1-18 11 "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.11 Adopt Ordinance 7738-07 on second readino. amendino the future land use plan element of the Comprehensive Plan of the city to desionate the land use for certain real property whose post office address is 2031 North Betty Lane. upon annexation into the City of Clearwater. as Residential Urban. Ordinance 7738-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7738-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.12 Adopt Ordinance 7739-07 on second readino. amendino the Zonino Atlas of the city by zonino certain real property whose post office address is 2031 North Betty Lane. upon annexation into the City of Clearwater. as Low Medium Density Residential (LMDR). Ordinance 7739-07 was presented for second reading and read by title only. Council member Johnson moved to pass and adopt Ordinance 7739-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.13 Adopt Ordinance 7740-07 on second readina. annexina certain real property whose post office address is 1504 Country Lane West. into the corporate limits of the city and redefinino the boundary lines of the city to include said addition. Ordinance 7740-07 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance 7740-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.14 Adopt Ordinance 7741-07 on second readina. amendino the future land use plan element of the Comprehensive Plan of the city to desionate the land use for certain real Council 2007-1-18 12 property whose post office address is 1504 Country Lane West. upon annexation into the City of Clearwater. as Residential Low. Ordinance 7741-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7741-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.15 Adopt Ordinance 7742-07 on second readina. amendina the Zonina Atlas of the city by zonina certain real property whose post office address is 1504 Country Lane West. upon annexation into the City of Clearwater. as Low Medium Density Residential (LMDR). Ordinance 7742-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7742-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.16 Adopt Ordinance 7743-07 on second readina. annexina certain real property whose post office address is 1216 Claire Drive. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance 7743-07 was presented for second reading and read by title only. Council member Johnson moved to pass and adopt Ordinance 7743-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.17 Adopt Ordinance 7744-07 on second readina. amendina the future land use plan element of the Comprehensive Plan of the city to desianate the land use for certain real property whose post office address is 1216 Claire Drive. upon annexation into the City of Clearwater. as Residential Low. Ordinance 7744-07 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance 7744-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. Council 2007-1-18 13 "Nays": None. 9.18 Adopt Ordinance 7745-07 on second readina. amendina the Zonina Atlas of the city bv zonina certain real property whose post office address is 1216 Claire Drive. upon annexation into the City of Clearwater. as Low Medium Densitv Residential (LMDR). Ordinance 7745-07 was presented for second reading and read by title only. Council member Petersen moved to pass and adopt Ordinance 7745-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.19 Adopt Ordinance 7749-07 on second readina. annexina certain real property whose post office address is 1232 Claire Drive. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance 7749-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7749-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.20 Adopt Ordinance 7750-07 on second readina. amendina the future land use plan element of the Comprehensive Plan to desianate the land use for certain real property whose post office address is 1232 Claire Drive. upon annexation into theCitv of Clearwater. as Residential Low. Ordinance 7750-07 was presented for second reading and read by title only. Council member Johnson moved to pass and adopt Ordinance 7750-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.21 Adopt Ordinance 7751-07 on second readina. amendina the Zonina Atlas of the city bv zonina certain real property whose post office address is 1232 Claire Drive. upon annexation into the City of Clearwater. as Low Medium Densitv Residential (LMDR). Council 2007-1-18 14 Ordinance 7751-07 was presented for second reading and read by title only. Council member Jonson moved to pass and adopt Ordinance 7751-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.22 Adopt Ordinance 7752-07 on second readina. annexina certain real property whose post office address is 1824 Diane Drive. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance 7752-07 was presented for second reading and read by title only. Council member Petersen moved to pass and adopt Ordinance 7752-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.23 Adopt Ordinance 7753-07 on second readina. amendina the future land use plan element of the Comprehensive Plan of the city to desianate the land use for certain real property whose post office address is 1824 Diane Drive. upon annexation into the City of Clearwater. as Residential Low. Ordinance 7753-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7753-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.24 Adopt Ordinance 7754-07 on second readina. amendina the Zonina Atlas of the city by zonina certain real property whose post office address is 1824 Diane Drive. upon annexation into the City of Clearwater. as Low Medium Density Residential (LMDR). Ordinance 7754-07 was presented for second reading and read by title only. Councilmember Johnson moved to pass and adopt Ordinance 7754-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. Council 2007-1-18 15 9.25 Adopt Ordinance 7764-07 on second readinq. relatinq to potable water and reclaimed water. amendinq the Code of Ordinances to add Division 4. Well Mitiaation includinq purpose. definitions. provision on private wells. provision on mitiqation of claims: amendinq section 32.354 enhancina title: amendina section 32.355. providina for extraterritorial service and for nonresidentiallarae volume users and minor content update: amendina sections 32.373. 32.378. section 32.380. minor content updates. Ordinance 7764-07 was presented for second reading and read by title only. Council member Jonson moved to pass and adopt Ordinance 7764-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.26 Adopt Ordinance 7765-07 on second readina. annexina certain real property whose post office address is 1240 Carol Drive. into the corporate limits of the city and redefinina the boundary lines of the city to include said addition. Ordinance 7765-07 was presented for second reading and read by title only. Council member Petersen moved to pass and adopt Ordinance 7765-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.27 Adopt Ordinance 7766-07 on second readina. amendina the future land use plan element of the Comprehensive Plan of the city to desianate the land use for certain real property whose post office address is 1240 Carol Drive. upon annexation into the City of Clearwater. as Residential Low. Ordinance 7766-07 was presented for second reading and read by title only. Council member Doran moved to pass and adopt Ordinance 7766-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.28 Adopt Ordinance 7767-07 on second readina. amendina the Zonina Atlas of the city by zonina certain real property whose post office address is 1240 Carol Drive. upon annexation into the City of Clearwater. as Low Medium Density Residential (LMDR). Council 2007-1-18 16 Ordinance 7767-07 was presented for second reading and read by title only. Councilmember Johnson moved to pass and adopt Ordinance 7767-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. . 9.29 Adopt Ordinance 7777-07 on second readina. submittina to the city electors a proposed amendment to the City Charter amendina Section 2.01 (d)(6) to permit construction. operation. and maintenance of City owned boat slips. docks. moorinQs, and promenade. tOQether with Dockmaster offices and associated surface parkinQ. on certain City owned property on the downtown waterfront. Ordinance 7777-07 was presented for second reading and read by title only. Council member Jonson moved to pass and adopt Ordinance 7777-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. City Manager Reports 10. Consent Agenda - Approved as submitted. 10.1 Award a contract to Office Depot. Tampa. Florida. in the amount of $400.000 for the purchase of office consumables durinQ the contract period February 1. 2006 throuQh January 31.2008 in accordance with Sec. 2.564 (1 )(d). Code of Ordinances - Florida State Contract 618-001-04-1. and that appropriate officials be authorized to execute same. 10.2 Approve settlement of property damaQe claim of The Lona Center in the amount of $40.000.00. and that appropriate officials be authorized to execute same. (consent) 10.3 Approve the transfer of $676.815 from the General Fund to Capital Improvement Proiect (CIP) #315-96385. Gas Main Extensions. (consent) 10.4 Authorize the establishment of purchase orders for payment of premiums under the City's "1 %" Life Insurance ProQram for the continuation of Qroup life insurance plans with Principal Life Insurance in the amount of $875.000. New York Life Insurance in the amount of $220.000. and Eauitable Life Insurance in the amount of $170.000 for the two-year period from January 1 . 2007. to December 31 . 2008. (consent) 10.5 Amendment and Assianment of Operator's Aareement for the Main Library Cafe' from Bookworm Cafe. LLC. to Matthew Behm. for the period remaininQ in the three year Council 2007-1-18 17 contract with one option to renew for three years and authorize the appropriate officials to execute same. (consent) 10.6 Award a Contract to MIA-COM Private Radio Systems of LynchburQ. VA for the purchase of 60 mobile radios with associated software and accessories for $108.378.75. declare 35 obsolete radios as surplus to the needs of the City for trade-in. authorize lease purchase under City's master lease purchase aareement and authorize the appropriate officials to execute same. (consent) 10.7 Approve a contract (Purchase Order) for $198.480.00 to RDK Truck Sales and Service Inc. of Tampa. FL for the purchase of three 2007 EZ Pack 40 cubic yard Hercules Front Loader Bodies. authorize lease purchase under the City's Master Lease Purchase Aareement and authorize the appropriate officials to execute same. (consent) 10.8 Award a Contract to Rush Truck Center of Tampa. FL for the purchase of three Peterbilt 320 truck chassis for $335.943.00 and authorize the appropriate officials to execute same. (consent) 10.9 Award a contract to Pinellas County Solid Waste in the amount of $180.000 for the disposal of solid waste at the Pinellas County waste to eneray plant/landfill for the period January 18. 2007 throuah January 17. 2008 as provided in the City's Code of Ordinances. Section 2.564 (1 led), Services provided bY Other Governmental Entities. and authorize the appropriate officials to execute the same. (consent) 10.10 Approve Chanae Order 4 & Final to Westra Construction Corporation. of Palmetto. FL. for the Myrtle Avenue Roadway & Drainaae Improvements Proiect (00- 0034-EN) for $0.00. providina a time extension of 372 days: 7 days for abnormal weather and 365 contract days due to delays and completion of punch list items with final cost of this contract $220.236.92 below the oriainal contract amount. (consent) 10.11 Award a construction contract for the "Courtney Campbell Causeway Landscape Improvements" (05-0005-EN) to Morelli Landscapinq. Inc. of Clearwater. Florida. for the sum of $130.119.12. which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) 10.12 Accept a perpetual Drainaqe and Utility Easement over. across and under the westerly five feet of Lots 16 and 16A. DEL ORO HEIGHTS. as conveyed by Walter and Sally Stanley in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 10.13 Approve and accept a 108 square foot Sidewalk Easement over and across a portion of Lot 4. Block 3. MAP OF TURNERS SUBDIVISION NO.3 to be conveyed by Pinellas County. a political subdivision of the State of Florida. for and in consideration of receipt of $10.00 and other aood and valuable considerations. and authorize appropriate officials to execute same. Council 2007-1-18 18 10.14 Award a contract to TLC Diversified of Palmetto. FL. in the amount of $228.029.50 for construction of the Northeast and Marshall Street Advanced Pollution Control Facilities Odor Control Improvement Proiect (05-0062-UT). which is the lowest responsible bid received in accordance with the plans and specifications: and approve a purchase order to Siemens Water Technoloay. Corp of Poway. CA in the amount of $206.500 for purchasinQ the Odor Control Units necessary for this project: and authorize the appropriate officials to execute same. (consent) 10.15 Approve the amendment of the Capital Improvement ProQram (CIP) to restructure current Stormwater Utility fundinQ by reducinQ project budQets by $7.223.300 of FY06 revenue bond proceeds and increasinQ project budQets by $5.252.480 of FY08 revenue bond proceeds and $587.090 of Stormwater Utility revenue for a total increase of $5.839.570. resultina in a net budQet decrease of $1.383.730. (consent) 10.16 Appoint Bob Clark and Tim TraQer to the Marine Advisory Board with terms expirina on January 31.2011. Councilmember Jonson moved to approve the Consent Agenda as submitted and that the officials be authorized to execute the same. The motion was duly seconded and carried unanimously. 11. Other items on City Manager Reports 11.1 Approve amendments to the Code of Ordinances relatinQ to occupational licenses and pass Ordinance 7724-07 on first readinQ. On June 12,2006, House Bill 1269 was signed into law, to be effective on January 1, 2007. This bill affects local governments by mandating the change of the wording of "Occupational Licenses" to "Business Tax Receipts" and other related terms and language. The proposed city ordinance 7724-07 includes this required change in wording in chapters 6, 7, 25, 28, 29, and 33 of the City Code of Ordinances. In addition, the ordinance also involves other housekeeping and contemporaneous type of changes related to occupational licensing in the chapters listed above and in Appendix A, City Code of Ordinances. Council member Petersen moved to approve amendments to the Code of Ordinances relating to occupational licenses. The motion was duly seconded and carried unanimously. Ordinance 7724-07 was presented for first reading and read by title only. Council member Doran moved to pass Ordinance 7724-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. Council 2007-1-18 19 "Nays": None. 11.2 Approve amendina section 17.38 and repealina section 17.39. Clearwater Code of Ordinances. and amendina Appendix A. Article VIII. Clearwater Code of Ordinances. to add a new schedule of fees for Fire and Life Safetv Inspections and pass Ordinance 7771-07 on first readina. Amending existing city ordinance section 17.38 relating to Fire and Life Safety Inspection Fees; and repealing, section 17.39, Clearwater Code of Ordinances, and amending Appendix A, Article VIII, Clearwater Code Ordinances, to add a schedule of fees for Fire and Life Safety Inspections to conform with section 633.081 of the Florida Statutes, which allows the governing body of a municipality, county, or special district with fire safety responsibilities to provide a schedule of fees to pay the cost of inspections and related administrative expenses. Establishing a revised schedule of fire and life safety inspection fees is required to ameliorate the costs to the city for providing these services. The existing city ordinance reflects a set of fees that were passed at a second reading on 11-06-03 and requires an update to reflect current operating costs. Additionally, the revised fee schedule will maintain a balance with surrounding jurisdictions inspection fees. A proposed fire fee packet provides a comparison fee schedule including local municipalities and counties, a suggested ordinance change approved by a City Legal representative, F.S. 633.081, and documentation relative to developer(s) feedback on proposed fees for the City of Clearwater. As noted in F.S. 633.081, "The governing body of a county, municipality, or special district that has fire safety enforcement responsibilities may provide a schedule of fees to pay only the costs of inspections conducted pursuant to this subsection and related administrative expenses." The fee's proposed have been derived from multiple fire fee mock-ups, which consisted of fees charged for plan reviews, fire protection sprinkler system reviews, and fire alarm & detection reviews against the division's expenses for providing these services. With the passing of this modified ordinance, the Division of Fire Prevention services will be funded through user fees paid by developers for its fire safety enforcement services, which takes the burden off of the citizens currently paying for this service through their property taxes. Council member Johnson moved to approve amending section 17.38 and repealing section 17.39, Clearwater Code of Ordinances, and amending Appendix A, Article VIII, Clearwater Code of Ordinances, to add a new schedule of fees for Fire and Life Safety Inspections. Ordinance 7771-07 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7771-07 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2007-1-18 20 "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard "Nays": None 11.3 Approve amendina Chapter 22. Article II. Section 22.21 of the City of Clearwater Code of Ordinances reaardina Parks Rules as it relates to addina a definition for "oraanized activities". amendina section 22.49 as it relates to danaerous aames and addina two subsections and pass Ordinance 7787-07 on first readina. The Code of Ordinances, Chapter 22, currently provides that no one can engage in rough or potentially dangerous games on any public bathing beach or park property except where space has been provided for that purpose. Included in the list of activities is throwing balls, Frisbees or anything that might hit and hurt another person. This would in affect take away the opportunity for a family to playa pick up ball game in a park or play pitch between one another. However, the intent of the Code under Chapter 22 was not to prevent the use of beaches and parks for these activities but only where such activity is of an organized nature and where a genuine safety concern results. Therefore, staff is recommending that the ordinance be amended to correct the definitions and intent of this section of the ordinance. These changes will also assist law enforcement officials regulating appropriate activities in the parks. The definition to be added is to define Organized Activity to mean "any planned recreational activity or game having formal organization or structure, or an activity or game affiliated with membership in an organization such as a school or social organization. Organized Activity shall not mean informal or casual "pick-up" recreational activity or games, occurring without regularity or occurring spontaneously or by chance. Section 22.49 is amended by adding two subsections. The first designates that organized activities can be played only in areas set aside for that purpose, while the second clarifies that informal activity must be conducted in a way not to present a threat of injury or loss of life to any person. The amending of this Ordinance will provide for a tool that can be used by the City to provide safe park service to residents. Councilmember Petersen moved to approve amending Chapter 22, Article II, Section 22.21 of the City of Clearwater Code of Ordinances regarding Parks Rules as it relates to adding a definition for "organized activities", amending section 22.49 as it relates to dangerous games and adding two subsections. The motion was duly seconded and carried unanimously. Council 2007-1-18 21 Ordinance 7787-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7787-07 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard "Nays": None 11.4 Provide direction to and appoint Charter Review Committee. The City Charter requires a Charter Review committee be appointed at least every five years, appointments to be made in January of a year preceding an election. The Charter also requires there be at least 10 members, all of whom must be Clearwater residents. At the time of appointment the Council provides direction to the Committee regarding items the Council would like the committee to consider. Issues that have been suggested for review are: - increase terms to 4 years - address the sit out period re term limits - moving elections from March to November - Strong Mayor - Councilmember pay - lessening restrictions on transfer of surplus property for affordable housing or other governmental entities - Coachman Park enhancements - Jack Russel Stadium possibilities - increase the time between required Charter reviews - are there Charter provisions that result in few candidates for Council - dollar values throughout the Charter to determine if adjustments are needed to account for inflation City Clerk Cyndie Goudeau said Mr. Calhoun has withdrawn his application. Councilmember Doran moved to appoint William Blackwood, Frank Dame, Elizabeth Drayer, Candace Gardner, Joseph Harra, Joshua Magidson, Joyce Martin, Kathy Milam, Alex Plisko, Jay Polglaze, William Wallace, and Howard Warshauer to the Charter Review Committee. The motion was duly seconded and carried unanimously. In addition to the items listed above the committee was directed to consider if anything from the city's visioning process needs to be incorporated in the Charter and determine if the Charter has adequate provisions to preserve and reinforce Clearwater's unique distinctiveness, culture and heritage. Council 2007-1-18 22 Miscellaneous Reports and Items 12. City Attorney Reports 12.1 Authorize settlement of Mitchell v. City. a discrimination case involvina a former Citv emplovee. in the amount of $10.000.00 and that the appropriate officials be authorized to execute same. (consent) Marlon Mitchell, a former janitorial employee in the Parks & Recreation Department, filed suit against the City alleging discrimination because of race, age, and alleged disability. He claimed that he was treated differently and forced to perform job duties where other employees were not. He also stated that his separation from service was discriminatory. The City denied all claims and contended that he was medically released from employment. The case is set for jury trial in March 2007. Total damages claimed by Plaintiff Mitchell if successful would run in at least the $100,000.00 to $150,000.00 range. The Court ordered mediation, which was held on October 18, 2006. Attending for the City were Assistant City Attorney Leslie Dougall-Sides and Human Resources Director Joseph Roseto. Although the parties were unable to reach agreement at that time, settlement discussions later resumed. Mr. Mitchell has executed a proposed Settlement Agreement and Release which settles all claims, contingent upon any necessary approvals. He would receive $10,000.00 and dismiss his lawsuit with prejudice, with each party bearing its own fees and costs. Staff recommends approval of this settlement. Councilmember Jonson moved to authorize settlement of Mitchell v. City, a discrimination case involving a former City employee, in the amount of $10.000.00 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 13. City Manager Verbal Reports 13.1 Expected activities between now and March election Item 13.1 was delayed to January 29, 2007 work session. 14. Council Discussion Items 14.1 Councilmember attendance at Budaet Task Force meetinas - Hibbard Item 13.1 was delayed to January 29, 2007 work session. Council 2007-1-18 23 15. Other Council Action Council members reported on events in which they recently participated and reviewed upcoming events. Hibbard thanked Countryside Kiwanis for allowing boat slip presentation, wished Lex Poppins well as he leaves Ruth Eckerd Hall to pursue other endeavors. Doran distributed copies of the county quarterly annexation report. Jonson distributed handouts regarding stormwater rate analysis, welcomed citizens to contact the City with boatslip questions, appreciation to Lyle Adams for addressing light fixtures. Expressed appreciation to Fire Department for saving a life. 16. Adjourn The meeting adjourned 11: 11 p.m. '. '-.~. ./ 4...-R ~ MaYor City of Clearwater Attest: Council 2007-1-18 24 Exhibit A to 1/182007 Council meeting minutes Proposed Amendments on 1 st Reading Ordinance No. 7721-07 1. Transfer of Development Rights - 3 Options to Consider a. Allow no additional height; b. Allow additional height up to 130', consistent with the height of Belle Harbor; c. All height increases only for overnight accommodations Recommended Ootion: Height Bonus Schedule on P. 6. - add asterisk to 100' on last row and addfollowing language at the bottom of the table asfollows: . Additional height may be granted pursuant the to transfer of development right provisions only for overnight accommodations with 50 or more units and up to a maximum height of 130 feet. 2. Clarification of Mixed- Use Page 5 of Ordinance - District Vision - add new paragraph For purposes of these provisions. an appropriate mix of uses shall be of a substantive nature and not accessory to another use. It will be evaluated in terms of one or more of the followina criteria: percentaae of street! waterfront frontaae occupied bv one or more uses: percentaaes of overall proiect devoted to each use: and/or portion of one or more floors devoted to a mixture of uses 3. Height Provisions - Clarify that any development not using the height bonus shall be limited to 2 or 4 stories in height. Pages 5 - 6 of the Ordinance - Height Incentives and Required Public Amenities Heie:ht Incentives and Required Public Amenities The Marina District's location in the heart of the tourist district presents prime opportunities for tourist-oriented and mixed-use development. Existing parcel sizes and depths as well as lack of public amenities inhibit the District's redevelopment and potential for creating a destination waterfront neighborhood. To realize the District's vision, Beach by Design offers development incentives of increased building height in exchange for redevelopment proposals with larger lot sizes, preferred District uses and the inclusion of specified public amenities. Proiects not contributing to a public amenity shall be limited to 2 stories above parking if located on the east side of East Shore Drive and 4 stories above parking on the west side of East Shore Drive. Council 2007-1-18 25 Exhibit A to 1-18-2007 City Council Meeting (cont) Height Bonus Schedule for the Marina District Maximum Height for Land Area with Contribution to the Maximum Height Preferred Uses - Public Boardwalk or the Streetscape for Residential Mixed Used Development Development and Overnight Accommodations --::: 0.5 acres 30 feet and DO 40 feet and DO more more than 2 stories than 4 steries above _1.. . . ........., ..., > 0.5 acres on east side of East Shore 40 feet 60 feet Drive > 0.5 acres on both sides of East Shore 50 feet 70 feet Drive 1 acre on east side of East Shore Drive 50 feet 70 feet 1 acre on both sides of East Shore Drive 60 feet 80 feet 2 acres on east side of East Shore Drive 60 feet 80 feet 2 acres on both sides of East Shore 75 feet 100 feet Drive 4. Vacation of East Shore Page 6 of Ordinance, 1st Paragraph of Additional Incentives Section In addition to the height bonuses, Beach by Design contemplates the vacation of East Shore Drive to assist in the creation oflarger sites to facilitate redevelopment with a higher quality of architectural and site design. Vacation requests will only be considered in increments of one full block provided if concerns related to access, traffic circulation, emergency vehicle access, utilities, etc. eetiM can be mitigated to the satisfaction of the City. Council 2007-1-18 26 ST NAME-FIRST NAME-MIDDLE NAME Doran J h MAILING ADDRESS FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMlrrEE Clearwater City Council THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMlrrEE ON WHICH I SERVE IS A UNIT OF: CITY Q COUNTY NAME OF POLITICAL SUBDIVISION: Cit of Clearwater MY POSITION IS: COUNTY Pinellas Q OTHER LOCAL AGENCY 5 CITY Clearwater DATE ON WHICH VOTE OCCURRED January 31, 2007 Xl ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, COuncil, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- re which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. . For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporatilOn are not listed on any national or regional stock exchange). * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature ofthe conflict before making any attempt to influence the decision, whether orally or in writing and whether made you or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER"S INTEREST I, John Doran , hereby disclose that on January 31 ,20~: (a) A measure came or will come before my agency which (check one) -X... inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by ,which Item 1fi7. 6 Approve Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, revising the Marina Residential District provisions and Pass Ordinance 7721-07 on first reading. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 LAST NAME-FIRST NAME-MIDDLE NAME Doran J MAILING ADDRESS, FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Clearwater City Council THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY a COUNTY NAME OF POLITICAL SUBDIVISION: Cit of Clearwater MY POSITION IS: COUNTY Pinellas a OTHER LOCAL AGENCY 5 CITY Clearwater DATE ON WHICH VOTE OCCURRED January 31, 2007 XI ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on arneasure which ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a meac sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including tile parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative: or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. . For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock eXChange).. * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which yuu are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the mm- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you " .' st disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made au or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) . . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER"S INTEREST I, John Doran , hereby disclose that on T<:>""ary 31 , 20 -0..1.-: (a) A measure came or will come before my agency which (check one) -X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by ,which Item 9.1 Continue Second Reading of Ordinance 7721-07, amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, revising the Marina Residential District provisions to February 15, 2007. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM Or=FICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PU8LIC OFFICERS NAtv1E OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Clearwater City Council T NAME-FIRST NAME-MIDDLE NAME Jonson William C. MAILING ADDRESS 2694 Redford Court W. CITY COUNTY Pinellas THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY a COUNTY NAME OF POLITICAL SUBDIVISION: Cit of Clearwater MY POSITION IS: a OTHER LOCAL AGENCY Clearwater, FL DATE ON WHICH VOTE OCCURRED January 31, 2007 DI ELECTIVE a APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. . For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made you or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER"S INTEREST I, William C. Jonson . hereby disclose that on January 31 2007 . '-' (a) A measure came or will come before my agency which (check one) -X. inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by . which 1113 . 2 Special Meeting to Administer Oath to Incoming Councilmembers. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2