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03/05/1998CITY COMMISSION MEETING CITY OF CLEARWATER March 5, 1998 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter Absent: Karen Seel Commissioner The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Commissioner Clark. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations Clearwater Lawn Bowls Club presented a $1,000 check to the Greenwood Health Resource Center. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of February 19, 1998, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Albert J. Medvis said had the City had the foresight in 1992, they could now own the Kapok Mobile Home Park. Roy Cadwell expressed concern regarding City Building Department Inspectors having too much authority when making decisions regarding property standards. John Tasanari stated he got the “brush off” regarding his concerns about sidewalk maintenance which he expressed at the last Commission meeting. He stated the drains along South Glenwood Avenue are collapsing. He also expressed concern regarding the inequality of neighborhoods that request new playgrounds and swimming when other neighborhoods have none. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6236-98 & #6237-98 - Annexation & RS-8 Zoning for property located at 1759 St. Croix Dr., Virginia Grove Terrace 5th Addition, Blk B, Lot 19 (Mary C. Holdren Tsacrios, A98-03) The applicants are requesting Annexation in order to receive sewer service. The Planning and Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the petition for Annexation and Zoning Atlas Amendment to Single-Family Residential “Eight” (RS-8) for Virginia Groves Terrace 5th Addition, Blk B, Lot 19. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6236-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6236-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None. The City Attorney presented Ordinance #6237-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6237-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel ITEM #9 - (Cont. from 1/15/98) Public Hearing & First Reading Ord. #6228-98 - RM-8 Zoning for property located at 524 Bamboo Lane, Bamboo Sub., Lots 4, 11 & 12 (Carlisle Motors, Inc., Z98-01) The applicant has requested this item be withdrawn. Commissioner Hooper moved to withdraw Item #9. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading Ords. #6234-98 & #6235-98 - Land Use Plan Amendment to Commercial General & CI Zoning for property located at NW corner of intersection of Vine Ave. & Seminole St. and S of Nicholson St., Pine Crest Sub., Blk 4, Lots 1-6 (Morton Plant Hospital Association, LUP98-01, Z98-04) The applicant (Morton Plant Hospital Association) is requesting a zoning designation of Infill Commercial (CI) to develop a family practice medical facility to serve the needs of the residents in the area. The subject lots are presently vacant and zoned Multiple Family Residential “Eight” (RM-8) with a compatible land use plan classification of Residential Urban. The future Land Use Plan Classification will be changed to Commercial General to conform with the proposed zoning district, and is compatible with the Countywide Future Land Use Plan Classification on adjoining properties to the west of the subject lots. While these lots are under the 4 acres required to establish a new Infill Commercial District, the proposed amendments are an expansion of the applicant’s CI zoned properties immediately to the west. The CI zoning is consistent with the adjoining land use pattern and compatible with the existing contiguous CI zoning district. The proposed Land Use Plan Amendment will not have any significant impact on the services in the area. Interim Central Permitting Director Jeff Kronschnabl said staff has worked with the applicant and feels this plan is essential to the development of community services in the area. Commissioner Clark moved to approve the petition for a Land Use Plan Amendment to Commercial General and Zoning Atlas Amendment to Infill Commercial (CI ) for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6234-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6234-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel The City Attorney presented Ordinance #6235-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6235-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel Public Hearing - Second Reading Ordinances ITEM #11 - (Cont. from 2/19/98) Ord. #6231-98 - Rezoning to MPD for property (Sunshine Mall) located on S corner of Druid Rd., W of Missouri Ave., approx. 640’ N of Lakeview Rd., and E of Greenwood Ave., Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B 21.01 & 21.02; approve concept plan & refer final site plan to DRC for approval & certification (Mary Taylor Hancock; Jean Taylor Carter & John S. Taylor III, Z98-02) The City Attorney presented Ordinance #6231-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6231-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel ITEM #12 - (Cont. from 2/19/98) Ord. #6232-98 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels, to amend defined areas for speed restrictions of vessels (extending wake zone in Clearwater Pass Channel by approx. 350 yards west of Clearwater Pass Bridge, to a point marked by Clearwater Pass Light 6) The City Attorney presented Ordinance #6232-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6232-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel ITEM #13 - Ord. #6233-98 - Vacating 15’ r-o-w abutting south line of Lot 16, SE¼ Pinellas Groves (Fountains Bayway, Inc., V97-19) The City Attorney presented Ordinance #6233-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6233-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel CITY MANAGER REPORTS CONSENT AGENDA (Items #14-16) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #14 - Approve acceptance of $450,000 three year grant, 1/1/98-12/31/2000, from US Dept. of Justice/Office of Community Oriented Policing Services (COPS)(PD) ITEM #15 - Review proposed preliminary subdivision plat for Sunshine Mall; authorize DRC to review and act upon preliminary plat (CP) ITEM #16 - Request to hire Tew, Zinober, Barnes, Zimmet & Unice re contract dispute with PSI International, Inc. (CA) Commissioner Clark moved to approve the Consent Agenda as submitted and to authorize the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #17 - 1997-98 First Quarter Budget Review (BU) General Fund First quarter amendments reflect the distribution of $400,000 of the $1,000,000 of vision funds. This includes the distribution of $96,600 to support 2 positions in Economic development to manage the Brownsfield project and support downtown property owners; $90,000 to the Community Response Team to provide funding to maintain current staffing of 2.5 FTE positions previously funded by grants; $40,000 for sponsorship funding previously approved by the Commission; $36,000 to fund the City Editor position to support the City Magazine; and $13,000 to support the Tourism Center. At first quarter, $178,318 is distributed from the unappropriated retained earnings of the General Fund for items previously approved by the City Commission, including funding for the LDC (Land Development Code) rewrite, the Clearwater Homeless intervention project, and the management review of the Fire Department. Water and Sewer Fund The only amendment to the Water and Sewer Fund reflects the appropriation of $13,904 of unappropriated retained earnings to capital project 315-94757, Utility Rate Study, as previously approved by the City Commission on 11/20/97. Gas Fund First quarter amendments to Gas Fund revenues primarily reflect a decrease in anticipated operating revenues from PGA gas revenues offset by decreases in anticipated expenditures for the purchase of gas. Solid Waste Fund First quarter amendments to the Solid Waste fund primarily reflect adjustments to bring Solid Waste revenues and expenditures in line with the recent rate study and adjustment in Solid Waste rates. Stormwater Fund The only amendment to the Stormwater Fund reflects the appropriation of $4,135 of unappropriated retained earnings to capital project 315-94757, Utility Rate Study, as previously approved by the City Commission on 11/20/97. Other Enterprise Funds No amendments are proposed for the Marine, Parking, and Harborview Funds at first quarter. It should be noted the Harborview operations are off to a good start this fiscal year. Harborview revenues at first quarter exceed prior year revenues for the same period by 152%. Internal Service Funds No significant amendments are proposed for the General Services, Garage, and Central Insurance Funds at first quarter. The only amendment to the Administrative Services Fund reflects the appropriation of retained earnings to fund the replacement of a customer service representative prior to the retirement to the predecessor to allow for necessary training. Capital Improvement Fund The amendments to the Capital Improvement Fund total a net decrease of $10,695,947. This decrease is primarily due to duplicating the budgeting of the recent Gas bond issue in both the 1996/97 and 1997/98 capital budgets. The significant projects previously approved include the appropriation of the Pinellas Phase III and Pasco Phase II gas bonds, amendments to the Municipal Services complex, and the Harborview project. Budget Director Tina Wilson said minor amendments have been made to the utility funds. She said funding for the 2 Economic Development positions questioned at the March 2, 1998, Worksession, were for Miles Ballogg and Diane Hufford. Commissioner Clark moved to approve the 1997-98 First Quarter Budget amendments. The motion was duly seconded and carried unanimously. a) First Reading Ord. #6241-98 - Amending Operating Budget for Fiscal Year ending 9/30/98 The City Attorney presented Ordinance #6241-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6241-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel b) First Reading Ord. #6242-98 - Amending Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/98 The City Attorney presented Ordinance #6242-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6242-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel ITEM #18 - Authorize local contributions to support development of Tuscany apartments by CED Construction under the Low Income Housing Tax Credit Program (CM) CED Construction is proposing to develop 239 apartments for elderly households under the Low Income Housing Tax Credit Program administered by the Florida Housing Finance Authority on the former Sunshine Mall property. The Low Income Housing Tax Credit Program is extremely competitive. Successful applicants under this program must show adequate local support for their proposed development. A marketing study conducted by Pardue, Heid, Church, Smith, and Waller showed 1,689 elderly households in Clearwater paying more than 35% of their income for rent. These households are the primary market for this new development. The development will result in a substantial improvement in assessed valuation for this property. Anticipated assessed values should increase from $2,550,000 to $18,360,000. The City is proposing the following as support of this development: 1) rent subsidy form the general fund at $357,792.28; 2) Solid Waste fee discounts of $48,972; 3) Building permit and plan review fee waivers of $57,814.60; 4) inkind contributions as donation of fill dirt at $37,500; 5) construction of an on-site stormwater retention at $40,000; and 6) construction of a turn lane on Druid Road at $20,000. These recommended contributions are consistent with Clearwater’s Local Housing Assistance Program. These contributions represent a continuation of Clearwater’s support for the development of affordable housing, and are the City’s first support for elderly housing under the program. The rent subsidy from the General Fund is based on fees collected from the gas and electric utility franchise fees and the stormwater utility fee collected from the 239 apartments over 20 years. Solid Waste fee discounts are: 1) waiver of monthly rental fee for 12, 30-yard construction rolloff containers for the 24-month period of construction; 2) a 20% discount on rolloff pulls during construction, not to exceed 500 pulls; 3) a 10% discount for 2 compactor rentals for 120 months; and 4) a 10% discount on up to 8 compactor pulls per months for 120 months. The fill dirt is from existing City stock piles. The City will donate 6,000 cubic yards which has a market value of $6.25 per yard. Assistant City Manager Rick Hedrick summarized the project. In response to questions, he said the City will provide $60,000 cash up front for this project. A 17.04% return is expected over the 20 year period. Commissioner Hooper commended John Doran for his analysis of the market study. He noted this is the first project of this type in Clearwater. Ed Armstrong, applicant’s representative, expressed CED Construction’s appreciation for the City’s support. Michael Shirino and Scott Culp of CED Construction thanked staff for their responsiveness and cooperation. Mr. Roberto said the City has spent a lot of time on this project, attempting to minimize public investment and maximize private returns. Commissioner Johnson moved to authorize local contributions to support the development of Tuscany Apartments by CED Construction under the Low Income Housing Tax Credit Program, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #19 - Planning and Zoning Board - 1 appointment (CLK) Commissioner Hooper noted the large list of names for application to this board. He moved to appoint Mr. Gildersleeve to the board. There was no second. Motion died. Commissioner Clark felt this board is the most important board the City has and therefore the entire Commission should be present when making this appointment Commissioner Clark moved to continue Item #19 to the next meeting. The motion was duly seconded and carried unanimously. ITEM #20 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #21 - Res. #98-11 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #98-11 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #98-11 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey “Nays”: None Absent: Seel ITEM #22 - Other City Attorney Items - None. ITEM #23 - City Manager Verbal Reports a) Results of City Employees United Way Campaign Mr. Roberto said this year was outstanding. A 33% rate of participation resulted in $53,011 in contributions to the United Way. Mayor Garvey expressed her appreciation for everyone’s participation. ITEM #24 - Other Commission Action Commissioner Johnson thanked Lois Cormier for all the information she sends to the City Commission. He congratulated Police Chief Sid Klein for his years of valuable service. Commissioner Hooper reported the DDB’s (Downtown Development Board) newest member has resigned. He also reported a petition drive to disband the DDB may be initiated. Commissioner Hooper attended the monthly Airport Authority board meeting at the Clearwater Airpark. A walking tour was provided and he said the FBO (Fixed Based Operator) Mr. Emshoff has spent a great deal of time and money to make improvements at the park. Commissioner Hooper said in the February 16, 1998, edition of Nations Weekly Magazine is a good article on Strategic Planning. Commissioner Hooper reminded everyone to bring a brown bag lunch for the lunch time concert series Tuesdays and Thursdays at Station Square Park. Commissioner Hooper said the industry report on tourism must be a misprint relative to the reported visitors and amounts spent. Staff will research the figures. Commissioner Clark asked the status of the pre-grant workshop on special events this weekend. Deputy City Manager Kathy Rice said over 20 agencies were represented and the workshop generated excitement and interest. In response to a question, she said interested agencies can still apply. Letters, newspapers, and other methods of advertisement get the word out to the public regarding the grant program. Ms. Rice reviewed the program and stated it is a good opportunity for various agencies to give something back to the community. Commissioner Clark encouraged everyone to vote in the local election March 10. Mayor Garvey encouraged everyone to vote in favor of the three referendum questions. Mayor Garvey invited everyone to participate in the seventh annual Paint Your Heart Out Clearwater, Saturday at 8:00 a.m. ITEM #25 - Adjournment The meeting adjourned at 7:07 p.m.