8809-15ORDINANCE NO. 8809-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY
CHARTER AMENDING SECTION 2.01(d)(6) TO
ALLOW A BANDSHELL AND ASSOCIATED
FACILITIES INCLUDING REMOVABLE SEATING,
TO ALLOW CERTAIN CHANGES TO THE
DOWNTOWN BOAT SLIPS, ALL IN THE AREA
BOUNDED BY DREW STREET, PIERCE STREET,
OSCEOLA AVENUE AND THE INTRACOASTAL
WATERWAY CHANNEL; SUBMITTING TO THE
CITY ELECTORS A PROPOSED AMENDMENT TO
THE CITY CHARTER AMENDING SECTION
2.01(d)(7), TO ALLOW COMPATIBLE COMMERICAL
USES AND OTHER COMPATIBLE PUBLIC USES
OF PORTIONS OF THE DOWNTOWN MAIN
LIBRARY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 2015 Charter Review Committee appointed by the
City Council met 15 times over 8 months and reviewed the City Charter
and presented their recommendations to the City Council on October 14,
2015; and
WHEREAS, in an effort to further existing initiatives, the City of
Clearwater contracted with the Urban Land Institute (ULI) to evaluate the
city's vision and strategies for the development of the downtown. The
Urban Land Institute is the nation's premier nonprofit urban planning and
real estate education and research institution representing the entire
spectrum of land use and development disciplines.
WHEREAS, Council desires to encourage increased use of the
waterfront and the boat slips as recommended by ULI; and
WHEREAS, Council has adopted certain priorities and strategies
recommended by ULI for revitalization of the Waterfront, including a strategy to:
1) Make the Library an "Attractor Element" in Downtown to bring additional
people to the Downtown through expanded mission as "maker space "; and 2)
align the Library more closely with the economic development priorities of the
City for Downtown, i.e. "entrepreneurial ecosystem "; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Ordinance No. 8809 -15
Section 1. It is hereby proposed that Section 2.01(d)6 and 7 of the City
Charter be amended as follows:
Section 2.01. Council; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
(6)
No municipal or other public real property lying west of Osceola Avenue, east
of Clearwater Harbor between Drew and Chestnut Streets, being further
described in Appendix A, and no municipal or other public real property
constituting the Memorial Causeway or lands immediately contiguous thereto,
more particularly described as:
That portion of Memorial Causeway (S.R. 60) a 1,200- foot -wide right -of -way,
lying between the east abutment of the west bridge and the east line of
Clearwater Harbor, and the submerged portions of Board of Trustees of the
Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502, shall be
developed or maintained other than as open space and public utilities together
with associated appurtenances, except upon a finding by the council at a duly
advertised public hearing that such development is necessary in the interest of
the public health, safety and welfare of the citizens of the city and approval of
such finding at referendum, conducted subsequent to the public hearing.
Except that a city owned bandshell and associated facilities including
removable seating, mav be constructed and maintained. City -owned tennis
courts and associated appurtenances may be constructed and maintained OR
Notwithstanding any provision of this section to the contrary, city owned public
docks, promenade, side tie moorings and not more than 140 dedicated boat
slips for recreational non - commercial vessels, together with public restrooms
and dock master offices which shall not exceed 1,200 square feet and
associated surface parking, may be constructed, operated and maintained in
and on that portion of Clearwater Harbor and abutting uplands generally
located south of Drew Street, north of Smith's Finger, east of the Intracoastal
Waterway Channel and west of the Bluff as more particularly described in
Appendix B. Potable water, shore power, a d sewage pump out and restroom
facilities may be provided to and located on the slips, docks and moorings. The
dockmaster's office may include coin - operated washers and dryers and sale of
ice. The parking for the facility, which mav be designated for use by slip
tenants, shall be existing surface parking which shall be brought up to code
and shall not result in any net loss of green space. City may permit ferries,
water taxis, excursion boats and similar uses to access the docks for drop off
and pick up of passengers, ea}y booths for ticket sales, and directional
signage. The promenade shall be constructed on a portion of the footprint of
the prior bridge. City council shall adopt by resolution regulations that provide
city residents first priority for the dedicated boat slips and which insure public
access to the docks, boardwalks and promenade, however nothing herein
2 Ordinance No. 8809 -15
(7)
shall prohibit fencing and and gates for security. Concessions for rental of non -
motorized recreational equipment, including but not limited to canoes, kayaks,
paddleboards, and paddleboats may be permitted. No boat launching ramps,
fueling facilities ticket- beethc or parking garage shall be permitted.
No city owned real property in the area bounded on the north by Drew Street,
on the east by Osceola Avenue, on the south by Pierce Street, and on the
west by the waters of Clearwater Harbor, shall be sold, donated, leased, or
otherwise transferred or used for other than city facilities except upon a finding
by the council at a duly advertised public hearing that such transfer or use is
necessary and in the interest of the public health, safety and welfare of the
citizens of the city and the approval of such finding at referendum_; Eexcept fer
that that the structure known as Harborview Center, as described in Appendix
B which - structure may be leased for and used in furtherance of any municipal
purpose consistent with the charter and ordinances of the city- and, portions
of the Downtown Main Library may be leased and used for a cafe or
restaurant, special events, art galleries, maker space, and other compatible
public and commercial uses. Additionally, the council at a duly advertised
public hearing, may grant easements for underground utilities.
Section 2. A referendum election is hereby called and will be held on
March 15, 2016, at the regular city election for the consideration of the voters of
the City of Clearwater of the proposed charter amendments shall be as follows:
DOWNTOWN WATERFRONT BOATSLIPS
Shall Clearwater Charter Section 2.01(d)(6) be amended as
provided in Ordinance 8809 -15 to allow, on the property
generally bounded by Drew Street, Pierce Street, the
Intracoastal Waterway Channel and the Bluff, the following on or
as a part of the downtown boat slips: designated parking for
boat slip users, restroom facilities, ticket booths and directional
signage and the rental of non - motorized recreational
equipment?
YES
NO
DOWNTOWN WATERFRONT RELOCATED BANDSHELL
Shall Clearwater Charter Section 2.01(d)(6) be amended as
provided in Ordinance 8809 -15 to allow, on the property
generally bounded by Drew Street, Pierce Street, the
Clearwater Harbor and the Bluff, the construction and
3 Ordinance No. 8809 -15
maintenance of a city owned bandshell and associated facilities
including removable seating.
YES
NO
ADDITIONAL USES OF DOWNTOWN MAIN LIBRARY
Shall Clearwater Charter Section 2.01(d)(7) be amended as provided in
Ordinance 8809 -15 to allow portions of the Downtown Main Library to
be leased and used for a cafe or restaurant, special events, art
galleries, maker space and other compatible public and commercial
uses?
YES
NO
Section 3. The City Clerk is directed to notify the Pinellas County
Supervisor of Elections that the referendum items provided above shall be
considered at the election to be held on March 15, 2016.
Section 4. This ordinance shall take effect immediately upon adoption.
The amendments to the City Charter provided for herein shall take effect only
upon approval of a majority of the City electors voting at the referendum election
on these issues and upon the filing of the Amended Charter with the Secretary of
State.
PASSED ON FIRST READING
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Ap roved s to form:
Pamela K. Akin, City Attorney
4
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George N. Cretekos, Mayor
Attest:
vc_ai u_
Rosemarie Call, City Cler
Ordinance No. 8809 -15