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05/21/1998CITY COMMISSION MEETING CITY OF CLEARWATER May 21, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Richard L. Hedrick Assistant City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Rich Baier Public Works Administrator Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Otis Green of Everybody’s Tabernacle. A moment of silence was observed in honor of the Tampa Police detectives and Florida Highway Patrol trooper slain on May 20, 1998. 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 One service award was presented to a City employee. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) (Cont. from 5/7/98) proposed changes to FEMA rules Public Works Administrator Rich Baier gave a report regarding steps taken to date and what will be done in the future to address the FEMA (Federal Emergency Management Authority) proposals. Preliminary maps depict a significant increase in elevation and a change in areas susceptible to flooding. Previous velocity zones only affected the properties on the Gulf of Mexico. The new velocity zones extend across Island Estates. The new FEMA rules affect construction and reconstruction in these areas. Mr. Baier reviewed concerns expressed at various meetings regarding these proposed changes. The City joined Pinellas County to appeal to FEMA for new FIRMs (Flood Insurance Rate Maps), and a 6-month extension was granted. The City is hiring a consultant to depict problems with the FEMA model. He encouraged concerned citizens to contact FEMA directly regarding this matter. Assistant City Manager Bob Keller introduced Ray Hoopes, President of Hercules Hydraulics, who is relocating his business from an unincorporated area of the County into the City limits. He thanked Senior Planner Lou Hilton for his efforts regarding the relocation. Mr. Hoopes expressed his enthusiasm to relocate his business in Clearwater and looks forward to breaking ground in 6 weeks. The building will be 72,000 square feet, with a 50,000 warehouse and the remainder will be office space. He noted his company employs over a dozen employees over 70 years old as well as numerous college students. ITEM #6 - Approval of Minutes Commissioner Hooper moved to approve the minutes of the regular meeting of May 7, 1998, and the 2 special meetings of May 18, 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 John Tassanari questioned who is responsible for the deterioration of neighborhoods. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6259-98 - Vacating 5’ utility easement lying along south side of Lot 9, Blk 27, Mandalay Sub., and City’s request to vacate remaining 5’ utility easement along south side of Blk 27 (Cronin, V98-04)(PW) Commissioner Hooper moved to approve the applicant’s request to vacate the 5.0 Utility Easement lying along the south side of Lot 9, Block 27, Mandalay Subdivision and the City’s request to vacate the remaining 5.0 Utility Easement along the south side of Block 27. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6259-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6259-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #9 - Public Hearing & First Reading Ord. #6272-98 - Vacating 3’ utility easement lying along west side of Lot 5, less southerly 2.5’, together with; westerly 34’ of the 3’ utility easement lying along south side of Lot 3, Blk 3, Tagarelli Sub. (General Home Development, V98-03)(PW) Commissioner Clark moved to approve the applicant’s request to vacate the 3.0 foot Utility Easement lying along the west side of Lot 5, less the southerly 2.5 feet, together with the westerly 34 feet of the 3.0 foot utility easement lying along the south side of Lot 3, Block 3, Tagarelli Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6272-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6272-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #10 - Public Hearing & First Reading Ords. #6282-98 & #6283-98 - Annexation & RS-8 Zoning for property located at 811 Berkley Place, Palmetto Terrace, Blk D, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15) Commissioner Johnson moved to approve the applicant’s request to vacate the 5.0 Utility Easement lying along the south side of Lot 9, Block 27, Mandalay Subdivision and the City’s request to vacate the remaining 5.0 Utility Easement along the south side of Block 27. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6282-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6282-98 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 6283-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6283-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #11 - Variance(s) to Sign Regulations for property (Gateway 2000 Country Store) located at 26034 US 19 N, Darryl’s Sub., unplatted Lot 1 less road (Danielson, Ltd, SV98-09) - Request to Continue Art Von Camden, Representative, requested a continuance to June 18, 1998. He said the business’ corporate symbol has been changed and submitted to staff. A landscape plan and resurfacing of the parking lot will also be submitted to staff. Guy Thiebault, store manager, said he feels the store will serve the public’s needs. The business is trying to present a friendly atmosphere, and comply with City code. William Jonson spoke in opposition to the original variance. He said the company representative’s comments tonight regarding improved landscaping and other changes may alleviate his concerns. He offered a book to the City Commission that addressed the problem of erosion of quality of environment relating to corporate franchise design. Commissioner Clark moved to continue this item to June 18, 1998. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearing & First Reading Ords. #6273-98 & #6274-98 - Land Use Plan Amendment to Resort Facility High & CPD Zoning for property located at 1941 Edgewater Drive, Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) The applicants are planning to redevelop this 1.25 acre property with a new 50 unit Comfort Inn Hotel. According to the applicant, a minimum of 50 units is required by the franchise agreement of the Comfort Inn Hotel chain. There is an existing 20 unit motel and caretaker’s residence. The motel portion of the property is currently zoned CR24 and the residence is zoned RS8. The current zoning permits a motel/hotel at a density of 35 units per acre. The planned development (CPD) zoning will permit the 50 unit motel at a density of 40 units per acre. The single family residence on the east side of the site will remain as the caretaker’s residence. The assessed value of the property is $625,900. On August 19, 1997, the Planning and Zoning Board unanimously endorsed the proposed Amendment subject to 6 conditions. This item was then delayed with all other land use plan amendments for several months while the Department of Community Affairs (DCA) reviewed the Evaluation and Appraisal Report (EAR) of the City’s Comprehensive Plan. The DCA found the City’s EAR to be sufficient in March 1998. The applicant has requested, and staff recommends, a landscaping buffer rather than a wall between the caretaker’s residence and the hotel. This would be a more aesthetic buffer for the caretaker’s property. The applicant has also agreed to meet with the City’s Landscape Architect to design the landscaping plan to meet proposed new landscaping standards. The conditions listed in the motion reflect the changes as requested by the applicant and recommended by staff. Along with the recommended conditions, staff will be reviewing any proposed signs at the CR24 allowances, consistent with the surrounding properties. The request to rezone these properties to CPD is consistent with the surrounding land use patterns and in character with the neighborhood, considering the existing tourist-associated retail facilities in the area. Rezoning to a planned development gives the applicant more flexibility to accommodate the proposed hotel development and meet the density requirement by the franchise company, while providing amenities requested by the City such as additional landscaping to meet proposed standards. The conditions approved by the Planning and Zoning Board have changed slightly. In response to a question, Senior Planner Sandy Glatthorn said the 42 foot height limitation is a condition of the approval. No variances can be obtained for density. Concern was expressed that approval of this request will set a precedent for future CPD designations to the south in this residential neighborhood. Steve Swanberg, SDS Architects, representing the applicant, said a buffer and landscaping will be incorporated into this plan to eliminate some of the adjacent property owners’ concerns. Bill Gray spoke in opposition of the rezoning due to the increase in density. John Miller spoke in favor of the variance. He said there are other motel properties in this neighborhood. He felt it is better to renew properties rather than allow them to decay. Commissioner Johnson moved to approve the Petition for Land Use Plan Amendment from Residential Urban to Resort Facility High and Zoning Atlas Amendment from Resort Commercial “Twenty-four” (CR24) and Single Family Residential “Eight” (RS-8) to Commercial Planned Development (CPD) for Lots 39, 40, and 41, Sunnydale Subdivision. Also, approve the associated concept plan subject to the following conditions: 1) signs will conform to the allowances for the CR24 zoning district; 2) site lighting will be directed away from all residential areas and designed to minimize light trespass on surrounding properties; the lighting plan will be presented to City staff for approval prior to any permits being issued; 3) a landscape buffer shall be provided between the single family residential lot and the motel; details are subject to review and approval by the City’s Landscape Architect; 4) the proposed building shall not exceed a maximum height of 42 feet; 5) the retention area should include landscape trees at the top of the bank at each of the 4 corners and a continuous shrub hedge around the retention area. If possible, cypress or red maple trees could be planted in the retention area; the applicant shall work with the City’s Landscape Architect to design the landscaping plan for the total site to meet the City’s proposed landscaping standards; and 6) the retention area should not be fenced. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper, Seel and Garvey. "Nays": Clark Motion carried. The City Attorney presented Ordinance 6273-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6273-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel and Garvey “Nays”: Clark Motion carried. The City Attorney presented Ordinance 6274-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6274-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel and Garvey “Nays”: Clark Motion carried. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #6260-98 - Annexation for property located at 1837 Brentwood Dr., Lake Lela Manor 1st Addition, Lot 11 (Howard & Helen Read, A98-12) The City Attorney presented Ordinance #6260-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6260-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #14 - Ord. #6261-98 - RS-6 Zoning for property located at 1837 Brentwood Dr., Lake Lela Manor 1st Addition, Lot 11 (Howard & Helen Read, A98-12) The City Attorney presented Ordinance #6261-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6261-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #15 - Ord. #6262-98 - Annexation for property located at 2340 Anna Ave., Rolling Heights, part of Lot 28 (Michael & Michelle Monroe, A98-13) The City Attorney presented Ordinance #6262-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6262-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #16 - Ord. #6263-98 - RS-6 Zoning for property located at 2340 Anna Ave., Rolling Heights, part of Lot 28 (Michael & Michelle Monroe, A98-13) The City Attorney presented Ordinance #6263-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6263-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #17 - Ord. #6264-98 - Annexation for property located at 2832 St. John Dr., Virginia Groves Terrace 5th Addition, Blk B, Lot 4 (Paul & Patsy Howell, A98-14) The City Attorney presented Ordinance #6264-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6264-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #18 - Ord. #6265-98 - RS-8 Zoning for property located at 2832 St. John Dr., Virginia Groves Terrace 5th Addition, Blk B, Lot 4 (Paul & Patsy Howell, A98-14) The City Attorney presented Ordinance #6265-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6265-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #19 - Ord. #6266-98 - Land Use Plan Amendment to Residential Medium for property located at (proposed) 1484 S. Greenwood Ave., Sec. 22-29-15, M&B 32.16 & part of 32.14 (Community Service Foundation, Inc., LUP98-02, Z98-05) The City Attorney presented Ordinance #6266-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6266-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #20 - Ord. #6267-98 - RM-12 Zoning for property located at (proposed) 1484 S. Greenwood Ave., Sec. 22-29-15, M&B 32.16 & part of 32.14 (Community Service Foundation, Inc., LUP98-02, Z98-05) The City Attorney presented Ordinance #6267-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6267-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #21 - Ord. #6268-98 - Land Use Plan Amendment to Office General for property located at 1384 Pierce St., Sec. 15-29-15, M&B 14.01 (P.B. Horizon, Inc., LUP98-03, Z98-06) The City Attorney presented Ordinance #6268-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6268-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel “Nays”: Garvey Motion carried. ITEM #22 - Ord. #6269-98 - OG Zoning for property located at 1384 Pierce St., Sec. 15-29-15, M&B 14.01 (P.B. Horizon, Inc., LUP98-03, Z98-06) The City Attorney presented Ordinance #6260-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6260-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel “Nays”: Garvey Motion carried. ITEM #23 - Ord. #6270-98 - Land Use Plan Amendment to Residential Office General for property located at 1261-1283 Lakeview Rd., Cleveland Grove, Blk 7, Lots 62-64 and Boylan Sub., Lots 1-3 (Harry Free, TRE / Valeri Hofmeister, TRE / Merle Blasjo, TRE, LUP98-04, Z98-07) The City Attorney presented Ordinance #6270-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6270-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel “Nays”: Garvey Motion carried. ITEM #24 - Ord. #6271-98 - OL Zoning for property located at 1261-1283 Lakeview Rd., Cleveland Grove, Blk 7, Lots 62-64 and Boylan Sub., Lots 1-3 (Harry Free, TRE / Valeri Hofmeister, TRE / Merle Blasjo, TRE, LUP98-04, Z98-07) The City Attorney presented Ordinance #6271-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6271-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Seel “Nays”: Garvey Motion carried. ITEM #25 - Ord. #6275-98 - Readoption of Land Use Plan Amendment previously adopted by Ord. #6066-96 (related to EAR) The City Attorney presented Ordinance #6275-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6275-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #26 - Ord. #6276-98 - Readoption of Land Use Plan Amendment previously adopted by Ord. #6130-97 (related to EAR) The City Attorney presented Ordinance #6276-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6276-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #27 - Ord. #6277-98 - Readoption of Land Use Plan Amendment previously adopted by Ord. #6142-97 (related to EAR) The City Attorney presented Ordinance #6277-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6277-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #28 - Ord. #6278-98 - Readoption of Land Use Plan Amendment previously adopted by Ord. #6154-97 (related to EAR) The City Attorney presented Ordinance #6278-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6278-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #29 - Ord. #6279-98 - Readoption of Land Use Plan Amendment previously adopted by Ord. #6157-97 (related to EAR) The City Attorney presented Ordinance #6279-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6279-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #30 - Ord. #6280-98 - Readoption of Land Use Plan Amendment previously adopted by Ord. #6234-98 (related to EAR) The City Attorney presented Ordinance #6280-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6280-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #31 - Ord. #6281-98 - Relating to Firefighters Supplemental Trust Fund; amending Ch. 2, Div. 4, Firefighters Pension Plans, Subdivision III, Supplementary Pension and Retirement Plan, Secs. 2.441 through 2.450 The City Attorney presented Ordinance #6281-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6281-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None CITY MANAGER REPORTS CONSENT AGENDA (Items #32-43) - Approved as submitted. ITEM #32 - Approval of Purchases & Declaration of Surplus per 4/29/98 memorandum: Audio Intelligence Devices, Inc., surveillance equipment, $29,958 (PD) Declare five Pitney Bowes items surplus to City needs; authorize disposal through sale to highest bidder ITEM #33 - Approve ranking of 1) Harvard Jolly Clees Toppe Architects; 2) Paul A. Gowan Architects; & 3) Gee & Jenson Architects and authorize negotiation of an agreement for architectural design services & site selection assistance for the new Clearwater Main Library (LIB) ITEM #34 - Contractual Services Agreement with Pinellas County to assist in development of a “Local Mitigation Strategy” (FD) ITEM #35 - Agreement with First Union Capital Markets to serve as City’s financial advisor for a 3 year period (FN) ITEM #36 - Contract to Hustler Turf Equipment of Florida, Inc., 6 sixty-one inch and 1 seventy-two inch riding mowers, $58,781; authorize funding under City’s master lease-purchase agreement in the amount $48,332 (GS) ITEM #37 - Purchase of one 1998 Ford Taurus (replacement), Don Reid Ford, $16,045 (GS) ITEM #38 - Agreement (renewal) with School Board of Pinellas County, 6/1/98-5/31/99, for City to use Pinellas County School buses, total est. $10,500 (PR) ITEM #39 - Amendment to Agreement with School Board of Pinellas County, authorizing City to donate $40,000 to assist in construction of restroom facilities at Countryside High School (PR) ITEM #40 - Conservation Easement to SWFWMD, granting an Upland Preservation Easement, re Eddie C. Moore Park West, as required by Permit #4417083.00 (PW) ITEM #41 - Contract for 1998 Street Resurfacing to Couch Construction, L.P., $1,273,493.42 (PW) ITEM #42 - Contract for East Advanced Pollution Control Facility Seawall Construction to Kimmins Contracting Corp., $259,490 (PW) ITEM #43 - Receipt/Referral - LDCA to allow FDOT to sign applications for variances, conditional uses, and site plan reviews associated with Eminent Domain Takings of land for road improvements (CP) Commissioner Johnson moved to approve the Consent Agenda as submitted and to authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #44 - First Reading Ord. #6288-98 - relating to telecommunication services and taxation; amending Secs. 29.72, 29.73, 29.74, and 29.76, and adding new Sec. 29.77, to bring City code into compliance with state statutes (FN) Florida Statute 166, Municipal Public Service Tax was recently amended. These amendments require changes to Article II Public Service Tax section of the Clearwater Code of Ordinance. Major changes to the City’s Ordinance include: 1) changing tax due date from the fifteenth (15) of the month to the twentieth (20) of the month; 2) adding Section 29.77 Administrative provisions, rights and remedies; 3) provide for penalties to be assessed for late payment and nonpayment of taxes due; 4) define retention period for records kept by businesses which establish the collection and remittance of taxes due; and 5) requires the City to make available a database for all addresses in the City’s jurisdiction. This database will be available to all providers. The database will also be maintained and available from the City’s home page on the Internet. Commissioner Hooper moved to change Article III Public Service Tax of the Clearwater Code to bring the City into compliance with State statutes. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6288-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6288-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, Clark, and Garvey “Nays”: None ITEM #45 - First Reading Ord. #6258-98 - Relating to alcoholic beverage special event permit requirements; amending Sec. 22.90(12) to allow the serving of alcoholic beverages in containers meeting industry standards with the approval of the special events committee, providing such containers must be capable of visual inspection for contents, and prohibiting certain types of containers (TR) During the first year of experience in allowing the sale and consumption of certain alcoholic beverages at public special events, it has been found a customer practice of the distributors is to furnish paper cups free of charge with the service contract. Currently, the code requires use of clear plastic containers. If the event promoters who are often non-profit community organizations are spared the expense of purchasing containers, the money saved can further enhance the event or be designated for charitable use. The amended ordinance would require law enforcement officers be able to visually inspect the contents. Sport drink bottles, ceramic or glass mugs, closed containers, metal cans, and glass bottles on similar containers would not be permitted. Containers must be approved by the Special Events Committee, which includes a representative from the Police Department. The containers typically furnished by distributors at no cost would meet the criterion specified in this amendment. Commissioner Seel moved to amend the code to allow the serving of alcoholic beverages in containers meeting industry standards and approved by the Special Events Committee. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6258-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6258-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, Clark, and Garvey “Nays”: None ITEM #46 - Receipt/Referral - LDCA re transit shelters and transit shelter signs (CP) The City negotiated a settlement with Eller Media provided the City will consider and adopt an ordinance relating to transit shelters and transit shelter signs. The ordinance provides the following: 1) requires that shelters be spaced 1,000 feet apart from other shelters located on the same side of the street; 2) allows shelters in commercial, office or industrial zoning districts, or on PSTA routes adjacent to hospitals, schools, or other permitted nonresidential uses in multifamily residential zoning districts; and 3) allows back-lit signs on the “downstream” end wall of the shelter, and limits the area of the sign to 24 square feet. The City Attorney distributed revisions to the ordinance as discussed at a previous worksession. It was noted this issue involves a third party, and the agreement includes limitations as to where shelters can be located. Discussion ensued regarding placing a specific limit on the number of shelters with signs. There are currently approximately 24 transit shelters in the City. Commissioner Clark moved to receive and refer this item with an amendment to include a limitation of 50 bus shelters with signage. The motion was duly seconded. In response to a question, the City Attorney said the requirement that shelters be spaced 1,000 feet apart from other shelters located on the same side of the street will apply to shelters placed in proximity to shelters in enclaves. Gwen Young, Eller Media Representative, said the original settlement agreement placed no cap on the number of signs permitted, other than the number authorized by PSTA. She noted Eller Media is already limited by compliance to zoning regulations. She felt 150 shelters was a more reasonable number, and suggested the Commission pass this ordinance in order to be consistent with the settlement agreement. It was noted the City has been working with Eller Media for some time regarding the billboard situation. It was remarked that Ms. Young’s figures regarding transit shelters was rather auspicious because many stops are located in residential areas. Upon the vote being taken, the vote was: “Ayes”: Clark, Hooper, and Seel “Nays”: Johnson and Garvey Motion carried. ITEM #47 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #48 - Other City Attorney Items a) First Reading Ord. #6301-98 - Relating to Skateboards, Roller Skates, and In-Line Skates; amending Art. I of Ch. 28, creating Sec. 28.11 to prohibit a person from using skateboards, roller skates, and in-line skates in specified locations The Ordinance is designed to ensure that skateboarders, roller skaters, and in-line skaters conduct themselves responsibly, and ensure that they are excluded from areas that are incompatible with such activities. It was remarked that skateboarders, roller skaters, and in-line skaters have a total lack of respect for public and private property, particularly in downtown. Discussion ensued regarding the viability of signage to prohibit this activity. It was suggested the City revisit this issue in a year to determine if the destruction of property issue has been solved. It was noted the City is preparing to bring forward recommendations for a skateboard park. In response to a question, the City Attorney said the violator is responsible for paying skateboarding, roller skating, or in-line skating fines. The City Attorney presented Ordinance 6301-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6301-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, Clark, and Garvey “Nays”: None ITEM #49 - City Manager Verbal Reports - None. ITEM #50 - Other Commission Action Commissioner Hooper received an Alert from the Florida League of Cities regarding proposed Federal legislation for a 3-year moratorium on sales tax for products purchased over the Internet. Discussion ensued and consensus was to draft a letter of opposition. Commissioner Hooper questioned the deteriorating quality of the TV monitors in Chambers. It was reported they are defective and being replaced. Commissioner Johnson said the Tampa Bay Regional Planning Council has named June as Hurricane Awareness month. Commissioner Johnson wished Francis a happy birthday. Commissioner Seel agreed with the Mayor’s correspondence regarding the proliferation of grocery carts throughout the City and the need for consolidated news racks. The City Manager said these issues will be dealt with in the Land Development Code rewrite. Jeff Kronschnabl of the Community Response Team said they are working to alleviate the problem. Commissioner Seel requested staff send a letter to Clearwater School Advisory Committees regarding pilot programs for designation of safe school routes, fostering safer bicycling and walking to schools. Commissioner Seel read a poem written by her son and printed in the Color Me Human publication. Mayor Garvey said everyone’s thoughts are with the Tampa Police Officers and State Trooper slain in the unfortunate incident last week. ITEM #51 - Adjournment The meeting adjourned at 8:02 p.m.