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01/21/1999 (2) . CITY COMMISSION MEETING CITY OF CLEARWATER January 21, 1999 Present: Rita Garvey Ed Hooper J. B. Johnson Robert Clark Karen Seel Michael J. Roberto Richard L. Hedrick Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor/Commissioner Vice-M ayor /Comm issioner Commissioner Commissioner Commissioner City Manager Deputy City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by AI Zwan of Skycrest Baptist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. . ITEM #4 - Introductions and Awards Proclamation: Junior League of Clearwater/Dunedin - 50th Anniversary - December 1998. ITEM #5 - Presentations a) Turkey Trot Awards - Iron Turkey to Public Works Administration Department Stuffed Turkey to Human Resources Department. b) Beach Entryway Roundabout Progress Report The City Manager said removal of the Memorial Civic Center and Beach Diner has opened an expansive view of the beach. He reviewed landscaping plans for the entryway, including new street lights, street furniture, and light treatments on trees. He indicated the roundabout design has been moved to the east to provide % acre for a proposed interactive children's fountain that will improve the pier's family atmosphere. Seating will provide a place to watch sunsets. The City Manager estimated vehicles will average 20 mph through the roundabout due to traffic calming features. The 1 5-foot sidewalk with seating areas planned for Coronado Drive will attract visitors. Current plans are to mark the entrance to the beach with a monolith and sails. The 160-foot diameter fountain in the middle of the roundabout . mcc0199 1 01/21/99 . . . will be lighted at night and be capable of shooting water 45 feet high and adjusting itself on windy days. Staff is considering stone designs to highlight nearby crosswalks. According to plans, the interior portion of the entryway will be completed by mid- summer. Ingress and egress to businesses and roads will be maintained throughout construction. During the project, a staff member will be on call 24 hours a day. To guarantee project completion by December 1999, two crews will work on the road's construction 1 6-hours a day and 6-days a week. Walkovers, previously proposed, have been removed from the roundabout's design due to the low traffic count and the reality that people will cross the street instead of using the walkovers. A signalized crosswalk is planned south of the roundabout. The cost of the project with revised plans will not exceed $10-million. Staff will recommend a location and funding for a beach parking garage in the next few months for construction in FY (fiscal year) 2000/01. ITEM #6 - Approval of Minutes The Mayor noted a typographical error on page 11. Commissioner Johnson moved to approve the minutes of the regular meeting of December 10, 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 Aqenda Roy Cadwell welcomed the new year and congratulated Commissioner Seel regarding Governor Bush appointing her to the County Commission. Mr. Cadwell objected to being charged utility fees while he lived elsewhere. Anne Garris read from a letter she submitted reviewing the history of the Memorial Civic Center, the effects of its loss, and encouraging its timely replacement. Carl Wagenfohr submitted an article regarding roundabouts and said they should not be elliptically shaped. Rick Barber requested a list of guidelines regarding signage permitted for his flower shop. PUBLIC HEARINGS ITEM #8 - Public Hearinq & First ReadinQ Ords. #6362-99 & #6363-99 - Annexation & RS- 8 Zoning for property located at 1220 Stockton Dr., Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-30)(PLD) The applicant has requested annexation and zoning of Single-Family Residential "Eight" for 1220 Stockton Drive to obtain garbage collection services. The Planning & Zoning Board unanimously endorsed the request. mcc0199 2 01/21/99 . Commissioner Hooper moved to approve the petition for annexation and Zoning Atlas Amendment to Single Family Residential "Eight" (RS-8) for Lot 8, Block C, Stevenson's Heights Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6362-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6362-99 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 #6363-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6363-99 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 Hearinq & First Readinq Ords. #6364-99 & #6365-99 - Annexation & RS- 6 Zoning for property located at 2185 Burnice Dr., Glen Ellyn Estates, Lot 32 (David & Margaret Clark and David & Daria Warner, A98-31 )(PLD) . The applicant has requested annexation and zoning of Single-Family Residential "Six" for 2185 Burnice Drive to obtain sanitary sewer service. The Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the petition for annexation and Zoning Atlas Amendment to Single Family Residential "Six" (RS-6) for Lot 32, Glen Ellyn Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6364-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6364-99 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 #6365-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6365-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. . "Nays": None. mcc0199 3 01/21/99 . . . ITEM #10- (Cont'd from 12/10/98) Public Hearinq & First Readinq Ord. #6361-99 - Vacating E % r-o-w of N. Prospect Ave., lying north of Laura Street and City's request to vacate W % r-o-w of N. Prospect Ave., lying north of Laura Street, subject to retaining a 10' drainage & utility easement (Theta Homes, V98-09)(PW) To construct a multi-family project, the applicant proposes to use the east one-half right-of-way of N. Prospect Avenue and adjacent property to the east. The right-of-way contains no City infrastructure, is not paved, and has no vehicular traffic use. Staff recommends approval subject to retaining a drainage and utility easement for future utility installation needs. Commissioner Clark moved to approve the request to vacate the east one-half right- of-way of N. Prospect Avenue lying north of Laura Street and the City's request to vacate the west one-half right-of-way of N. Prospect Avenue lying north of Laura Street, subject to retaining a 10-foot drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6361-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6361-99 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 - Public Hearinq & First Readinq Ord. #6383-99 - Vacating 5' Utility Easement lying along rear of Lots 1-13, Blk E, Hibiscus Gardens (Cleveland Plaza, Ltd., V99-01 )(PW) Cleveland Plaza Shopping Center, at 1291-1235 Cleveland Street, was constructed over the easement without vacating the easement. The center's owners need to vacate the easement to clear the title. Commissioner Johnson moved to approve the request to vacate the 5-foot utility easement lying along the rear of Lots 1 through 13, Block "E," Hibiscus Gardens. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6383-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6383-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. mcc0199 4 01/21/99 . . . ITEM #12 - Public Hearinq & First Readinq Ord. #6384-99 - Vacating W 2.5' of 10' Drainage & Utility Easement lying along E side of Lot 473, Morningside Estates, Unit 6B, less northerly 5' (Dunham, V99-02)(PW) The property's swimming pool and deck, built approximately 18 years ago, encroach into the 10-foot drainage and utility easement at 1381 Summerlin Drive. The City has no utilities within the easement. Commissioner Clark moved to approve the request to vacate the west 2.5-feet of the 10-foot drainage and utility easement lying along the east side of Lot 473, Morningside Estates, Unit 6B, less the Northerly 5 feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6384-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6384-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #13 - Public Hearinq & First Readinq Ord. #6385-99 - Vacating 3' x 20' Utility Easement lying along easterly lot line of Lot 37, Ambleside First Addition (Polglaze, V99- 03)(PW) The owner wishes to install a pool along the westerly property line and encroach into the easement at 522 Richards Avenue. The City has no utilities within the easement. In response to a question, Jay Polglaze, owner, said the Development Code Adjustment Board had approved a variance to allow the pool in the setback area. Commissioner Johnson moved to approve the request to vacate the 3-foot by 20-fiit utility easement lying along the easterly lot line of Lot 37, Ambleside First Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6385-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6385-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #14 - Public Hearinq - South Greenwood Neighborhood Police Substation & Family Service Center - accept donation of and declare surplus real property located at NW corner of S. Greenwood Avenue & Woodlawn Street from Community Service Foundation; waive $13,108 in City demolition & lot clearing liens; approve 1 year lease to Community Service mcc0199 5 01/21/99 . Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build district parking lot & landscaping; and approve a 30 year lease with Foundation Village Neighborhood Family Center, Inc. (PLD) The Citizens of the South Greenwood Neighborhood have identified a police substation and family center as the community's most important needs. CSF (Community Service Foundation, Inc.), a local non-profit agency, was awarded a $244,527 Safe Neighborhood Grant to construct a police substation and pay police overtime and a $192,315 CDBG (Community Development Block Grant) to build a neighborhood family service center. CSF will donate real property at the northwest corner of South Greenwood Avenue and Woodlawn Street to the City. This property's $13,108 in demolition and lot clearing liens require a City waiver. Brownfield Stabilization Funds will pay the property's back property taxes of $6,806 and remove the underground gasoline tank, estimated to cost $23,000. Upon acceptance of real property, the City will lease the property to CSF for up to 1 year to facilitate construction of the 5,000 square foot structure to house a 1,400 square foot police substation and 3,600 square foot family center. The lease will terminate once the building is completed and transferred to the City. The City then will enter into a 30- year lease to the FVNF (Foundation Village Neighborhood Family) Center, a local non-profit agency, to operate a family service center. The Police Department and FVNF Center will provide facility and grounds maintenance. The City will build a paved parking lot for the building and install landscaping. . CSF Executive Director Jerry Spilatro presented a video regarding the neighborhood's efforts to reduce drug related crime. He reviewed the background of the property, indicating the project has received SWFWMD approval. City boards have approved a setback variance and conditional use. Groundbreaking is scheduled at 9:30 a.m. on February 15, 1999. Lawrence IIDukell Tieman said this project has taken more than 7 years. Deputy Chief Bill Baird recognized resident efforts and recommended approval. He reviewed arrests and other recent police efforts made possible by the safe neighborhood funding. Commissioner Clark moved to accept the donation from CSF and declare surplus real property at the northwest corner of S. Greenwood Avenue & Woodlawn Street, (Exhibit 1); waive $13,108 in City demolition & lot clearing liens; approve a 1 year lease to Community Service Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build a district parking lot & landscaping; and approve a 30- year lease with Foundation Village Neighborhood Family Center, Inc., to operate the family service center and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #15 - Public Hearing & Second Readinq Ord. #6348-99 - new Community Development Code (PLD) Planning Director Ralph Stone reviewed changes to the Community Development Code since First Reading and reported many changes were made to achieve consistency . mcc0199 6 01/21/99 . .. . with the PPC (Pinellas Planning Council). He indicated an amendment also is needed to add a definition of a flag lot. Charles Siemon, of Siemon, Larsen & Marsh, said some uses the Commission had directed to be added to the Tourist District beach had been omitted accidentally and need to be restored. He said towards completion on design work related to downtown and the beach, he may propose specific amendments to the Community Development Code. He said a strategy is needed while downtown is in transition and the new Community Development Code does not permit industrial uses there. The City Attorney said an amendment allows permit applications to be accepted during the 45 day transition period. All applications filed before today will be accepted under the old Land Development Code as long as the permits are issued within 6 months and construction begins within 6 months later. During the first six months of the new Community Development Code, redevelopment projects larger than 750,000 square feet can go by the old code. Mr. Siemon said this flexibility is recommended to encourage the objective of upgrading property standards. It was noted the motion to amend to address PPC concerns should be dated January 21, 1999. In response to a question, the City Manager said the City Commission will be provided a book with a clean copy of the Community Development Code before it goes into effect. The City Commission must appoint Community Development Code Board members during the 45 day transition period. Commissioner Seel moved to amend Ordinance #6348-99 by amending various sections of the new Community Development Code as outlined in the attached memorandum, with corrected date of January 21, 1999, from Michael Roberto, City Manager, to the City Commission (Exhibit #2). The motion was duly seconded and carried unanimously. Commissioner Clark moved to amend Ordinance #6375-99 to include a definition of a flag lot that reads, lJa lot whose access is provided to the bulk of the lot by means of a narrow corridor or panhandle, and which does not meet the normally required lot width." The motion was duly seconded and carried unanimously. Commissioner Hooper moved to amend Ordinance #6348-99 to add uses to the Tourist District to include indoor recreation/entertainment, medical clinic, non residential parking, and sidewalk vendors. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to amend Ordinance #6348-99 by adding a new Section 5, renumbering Sections 5 and 6, and adding language at the end of new Section 7 as stated on Exhibit #3." The motion was duly seconded and carried unanimously. The City Manager indicated the new code will be evaluated in six months. Nine citizens spoke expressing concern regarding various aspects of the new code. mcc0199 7 01/21/99 e . . In response to concerns, Mr. Siemon said building heights in high density residential are limited to 80 feet except for certain downtown properties fronting Clearwater Harbor. He said the code was designed to be user friendly. In response to a question, he said zero lot lines may be allowed to save trees if there is no impact on the next door neighbor. In response to concerns the City Manager reviewed the three levels of approval for development. He said the plan was designed to preserve the quality of residential neighborhoods. The code can enforce deed restrictions and increase landscaping requirements for commercial development. He said developing the new code has been a 2 year process involving 33 meetings with the public. The code provides the flexibility necessary for future redevelopment. It was indicated the new code is necessary to address declining neighborhoods and to set higher standards. Commissioner Clark moved to approve the New Community Development Code including amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6348-99 for second reading as amended and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6348-99 as amended 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. The meeting recessed from 8:47 to 9:07 p.m. ITEM #16 - Public Hearinq & First Readinq Ords. #6366-99 & #6367-99 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 902, 904 & 906 Grant St., First Addition to Norwood, Blk B, Lots 1-3 (James & Bonnie Jackson, Ester Hunt, & Saint John Missionary Baptist Church of Clearwater, Inc., LUP98-11, Z98-13)(PLD) The applicants, St. John Missionary Baptist Church of Clearwater and others, request a zoning change from Multiple Family Residential "Eight" (RM-8) to Public/Semi Public WISP) for properties on the east side of Pennsylvania Avenue, bordered by Marshall and Grant streets. The church intends to establish a multi-purpose building to include a child day care center. The proposed use in not a permitted nor conditional use in the current zoning district but would be a conditional use in the proposed district. The applicants also request a land use plan change to Institutional. The four dilapidated structures on-site will be razed. While the site is smaller than one acre, staff supports rezoning because of the intended use which will contribute positively to the area's redevelopment, help meet neighborhood child day care needs, and provide jobs. The Planning & Zoning Board unanimously endorsed this request. mcc0199 8 01/21/99 . . . Commissioner Johnson moved to approve a Zoning Atlas Amendment from Multiple Family Residential "Eight" (RM-8) to Public/Semi-Public (P/SP) and a Land use Plan Amendment from Residential Urban to Institutional for Lots 1, 2, & 3, block B, First Addition to Norwood. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6366-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6366-99 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 #6367-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6367-99 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 #17 - Variance(s) to Siqn Requlations for property (Winn Dixie) located in Northwood Plaza Shopping Center, 2514 McMullen Booth Road, Sec. 28-28-16, M&B 33.02 (John Hancock Life Insurance Co., SV98-24)(PLD) Conditions support denial of the requested variances for two additional attached wall signs and an additional 149. 75 square foot area for the Winn Dixie Store in Northwood Plaza. No special circumstances warrant approval. The applicant is not deprived of the use of the property by strict application of the code. Staff feels the requests are based on economic gain and would not be in harmony with the Comprehensive Plan and land development regulations. Buddy Clelland, Jr., representative, said while this request is for 299 square feet, based on the store's size and distance from the street, a 337 square foot sign is allowed. He distributed photographs of the property, noting McMullen-Booth Road drivers cannot see the store easily. In response to a question, he said the new Marketplace sign is 111 square feet, and indicated the store is being expanded to a 24-hour Marketplace with dry cleaning, a photo lab, food pavilion, etc. It was noted most signage in the shopping center has a unified look, cannot be seen by passing vehicles, and is effective only for center visitors. The City Manager advised against working out a compromise during the meeting as possible impacts on other area stores must be considered. He recommended the issue be continued to allow staff and the store time for further discussion and review. Commissioner See I moved to continue Item #17 to February 4, 1999. The motion was duly seconded and carried unanimously. mcc0199 9 01/21/99 e . . It was recommended the request be limited to three signs and the amount of signage be reduced. ITEM #18 - Public Hearinq & First Readinq Ord. #6368-99 - Readopting the Land Use Plan Amendment previously adopted by Ord. #6172-97, to Recreation/Open Space and Preservation for property located at 2950 Drew Street, Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07)(CA) DCA (Department of Community Affairs) returned Land use Plan Amendment 97-07/ Ordinance #6172-97 for re-adoption pursuant to Florida Statutes 163.3187(6)(E) and 163.3184(7). The ordinance was adopted during the pendency of the Evaluation and Appraisal Report. Commissioner Hooper moved to readopt Land Use Plan Amendment 97-07, previously adopted by Ordinance #6172-97. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6368-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6368-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. Public Hearinq - Second Readinq Ordinances ITEM #19 - Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay Channel by approximately 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1) The City Attorney presented Ordinance #6353-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6353-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #20 - Ord. #6354-99 - Annexation for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) The City Attorney presented Ordinance #6354-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6354-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: mcc0199 10 01/21/99 . . . "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #21 - Ord. #6355-99 - RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) The City Attorney presented Ordinance #6355-99 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6355-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #22 - Ord. #6359-99 - Vacating N 5' of 10' Drainage & Utility Easement lying along south side of Lot 6, Blk H, Northwood Estates - Tract F, less easterly 5' (Erickson, V98-07) The City Attorney presented Ordinance #6359-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6359-99 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 #23 - Ord. #6360-99 - Vacating 10' Utility Easement lying along south side of Lot 16, Forest Estates (Cooley, V98-08) The City Attorney presented Ordinance #6360-99 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6360-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #24 - Ord. #6371-99 - Submitting to the City Electors proposed non-substantive amendments to the City Charter The City Attorney presented Ordinance #6371-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6371-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. mcc0199 11 01/21/99 . . . ITEM #25 - Ord. #6372-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 1.01 to transfer certain language contained in subsection (d) to subsection (a) and to clarify subsection (b) to allow the City to exercise its powers, perform its functions, and participate in the financing thereof, with any person as defined by law The City Attorney presented Ordinance #6372-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6372-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #26 - Ord. #6373-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01 (d) regarding limitations on Commission power to eliminate charter restrictions on purchasing of goods and services; to increase amount of dredging permitted without referendum; to permit the sale, lease or donation of real property for less than appraised value; to limit leases of municipal property to 30 years; to eliminate the requirement of recapture and reverter clauses in leases; making certain non-substantive changes Commissioner Hooper moved to amend Ordinance #6373-99, Section 3, the first sentence of the second paragraph of Section 2.01 (d)(4)(vi) as follows: "No lease of municipal real property (including options to renew) shall exceed 30 years and Section 4 by adding language to the second and third referendum ballot questions to read: "Dredging- Shall Section 2.01 (d)(3) of the City Charter be amended as provided in Ordinance 6373-99 to increase the amount of dredging permitted without referendum from 4,000 cubic yards to 10,000 cubic yards?" and "Sale, Lease or Transfer of Real Property - Shall Section 2.01 (d)(4) of the City Charter be amended as provided in Ordinance 6373-99 to: permit the sale, lease, exchange or transfer of municipal real property for less than the appraised value, or allow said property to be donated without referendum; restrict a term of any lease of municipal real property to no more than 30 years; delete the requirement for recapture and reverter clauses in leases, and other nonsubstantive changes?" The motion was duly seconded and carried unanimously. One citizen spoke in opposition. The City Attorney presented Ordinance #6373-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6373-99 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. mcc0199 12 01/21/99 . Motion carried. ITEM #27 - Ord. #6374-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in addition to any partial term, and to provide that Commissioners shall be sworn in at the next Commission meeting following their election; and other non- substantive changes The City Attorney presented Ordinance #6374-99 for second reading and read it by title only. In response to a question, it was indicated if this amendment is approved, candidates elected on March 9, 1999, will be sworn in at the next City Commission meeting. Commissioner Clark moved to pass and adopt Ordinance #6374-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. Motion carried. . ITEM #28 - Ord. #6375-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.07{e) and (f) to eliminate the Charter restrictions on Advisory Boards; amending Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to address advertising under the control of the candidates Commissioner Seel moved to amend Section 6 of Ordinance #6375-99 by revising language to the first referendum ballot question re Advisory and Regulatory Boards: "Shall Section 2.07(e) and (f) of the City Charter be amended as provided in Ordinance 6375-99 to remove the charter limitations on advisory boards and provide that the commission may appoint such advisory boards as it deems appropriate and regulatory boards as established by law?" The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6375-99 for second reading as amended and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6375-99 as amended 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. . mcc0199 13 01/21/99 e e . ITEM #29 - Ord. #6376-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 7.02 to change the composition of the Charter Review Committee; to require that the charter amendments proposed by the committee be submitted directly to referendum Commissioner Clark moved to amend Section 1 of Ordinance #6376-99 by changing 1I0rll to IInorll in the last sentence of Section 7.02, to read as follows IINeither the amendments nor questions may be changed by the City Commission. The motion was duly seconded and carried unanimously. It was felt the City Commission should have the opportunity to make some changes to proposals made by the Charter Review Committee. It was stated the Charter Review Committee should remain a citizens' committee. The City Attorney presented Ordinance #6376-99 for second reading as amended and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6376-99 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hooper and See!. "Nays": Johnson, Clark and Garvey. Motion failed. ITEM #30 - Ord. #6377-99 - Submitting to the City Electors a proposed amendment to the City Charter repealing Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum for revenue bond projects in excess of one million dollars The City Attorney presented Ordinance #6377-99 for second reading and read it by title only. One citizen spoke in opposition. Commissioner Hooper moved to pass and adopt Ordinance #6377-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #31-44) - Approved as submitted less Items #31 & #37. mccO 1 99 14 01/21/99 . . . ITEM #31 - See paqe 16. ITEM #32 - Accept Quit Claim Deed for propertv located at 1108 N. Greenwood Ave., Greenwood Manor, N 32' of Lot 2 less road, Lot 4 less road, and E 65' of Lot 5, $11,397.66 (ED) ITEM #33 - Contracts to: Prototype Inc., "Fleet Anywhere" fleet management software system, $142,800; Com ark Government and Educational Sales, computer hardware, estimated $72,000; and Oracle Corp., database software, estimated $30,000 - for total estimated $244,800 (GS) ITEM #34 - Aqreement with Career Options of Pinellas, Inc., administer City's Summer Youth Employment Program, $150,000 (HM) ITEM #35 - Approve $26,715.91 donation in 1998 PILOT Funds, paid to the City by CHA (Clearwater Housing Authority), to CHIP (Clearwater Homeless Intervention Project, Inc.)(PD) ITEM #36 - Purchase of one Chevrolet Suburban vehicle, Garber Chevrolet-GEO, Inc., utilizing funds available in 1997/98 Local Law Enforcement Block Grant awarded by U.S. Dept. of Justice/Bureau of Justice Assistance, $28,669 (PD) ITEM #37 - See paqe 18. ITEM #38 - Approve recommendations. aqreement & release of funds in the amount $50,000 for Clearwater Marine Aquarium improvements (TR) ITEM #39 - Contract, in 3 counterparts, for 1,289 sq.ft. strip of r-o-w along west side of Madison Avenue, George W. Stone, Trustee, Sun Trust Bank Nature Coast, Trustee, & Sally Jo Forester, for $9,023 plus estimated closing expenses of $675, for total not to exceed $9,698 (PW) ITEM #40 - Sidewalk Contract 1998-99, Purvis Curbs Corp., $474,006.71 (PW) ITEM #41 - Contract for Jeffords Street Lift Station #7 (Drainage, Gravity Sewer, Force Main & Water Main Improvements), Steve's Excavating & Paving, Inc., $737,000 (PW) ITEM #42 - Receipt/Referral - Relatinq to Buildinq Permit Requlations; amending Ch. 47 by creating new Sec. 47.084 to require demolition fencing (PLD) ITEM #43 - Interlocal Aqreement with Town of Belleair for City to provide building construction inspection services at the cost of $25 per inspection, 10/1/98-9/30/99 (PLD) ITEM #44 - Authorize hirinQ Paul Meissner of Carlson, Meissner, Webb, Dodson & Hart, P.A. for consulting on matters involving Police Department and potential civil rights litigation (CA) mcc0199 15 01/21/99 . Commissioner Hooper moved to approve the Consent Agenda, less Items #31 and #37, as submitted, and authorize the appropriate officers to execute same. The motion was duly seconded and carried unanimously. ITEM #31 - Approval of Purchases per 12/31/98 memorandum: St. Petersburg Times, advertising services, 01/22/99-12/31/99, estimated $30,000 (PCM) Coastline Equipment Company, Inc., one 1999 Case 580 Super L, tractor/backhoe/loader (previously approved addition) to be used by PW/Wastewater Collection, $42,563.65; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Bill Currie Ford, three 1999 Ford F-250 pickup trucks (1 replacement & 2 previously approved additions) with Knaphide utility bodies for use by Building & Maintenance, $64,872; funding to be provided under City's Master Lease-Purchase Agreement ($21,624) & cash ($43,248)(GSS) Maroone Chevrolet, three 1999 Chevrolet S-10 pickup trucks (replacement), $53,073; funding to be provided under City's Master Lease-Purchase Agreement ($39,073) & cash ($14,000) (GSS) e Don Reid Ford, one 1999 Ford F-350 pickup trucks (replacement) with Knaphide utility bodies for use by PW/Water Distribution, $23,222; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Maroone Auto Plaza, two 1999 Chevrolet C3500 pickup trucks (replacement) for use by Parks Maintenance & Nursery, $42,466; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Kaiser Pontiac-Buick GMC, Inc., four 1999 GMC Sonoma compact pickup trucks for use by CGS Meter Readers, CGS Service & Repair & PW/Water, $48,017; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Don Reid Ford, one 1999 Ford Crown Victoria Police Pursuit Vehicle for use by Police Department, non-scheduled replacement for an accident destroyed vehicle, $24,465; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Oakhurst Construction, design, construction & installation of pre-manufactured metal building at E.C. Moore West Complex, $54,285.11 (QOL) Duval Ford, three 1999 Ford Taurus sedans (replacement) for use by Police/Criminal Investigation, $45,569; funding to be provided under City's Master Lease-Purchase Agreement (GSS) . mcc0199 16 01/21/99 . . . Garber Buick-Pontiac-GMC Truck-Chevrolet-Geo, three 1999 Chevrolet Monte Carlo investigative vehicles (replacement), estimated $46,482; funding to be provided under City's Master Lease-Purchase Agreement (GSS) M.T. Deason Company, gas materials (steel pipe & fittings), to be used throughout Gas System, 01/22/99-1/31/00, estimated $40,000 (GAS) Progressive Industrial, one 1999 Marina Work Boat, $66,000 (OOL) Rowland Inc., Northwood Area Traffic Calming Phase I, $38,073.64 (PW) Interprint Inc., See paqe 18. Com ark Government Sales, one HP Netserver LH3 PII Mod 1 PED, computer hardware server for use at MSB by IT personnel, $44,994 (GSS) RDP Company, replacement & overhaul parts for heating elements used at NE Residuals processing Facility of WPC, $66,266 (PW) Bell Chevrolet, one 1999 Chevrolet CC15703 V2 ton pickup (replacement) for use by Police/Office of Professional Standards, $16,038; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Teco, Inc., one 1999 Navistar 4700 truck (replacement) with aerial lift for use by PW/Urban Forestry, $83,157; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Gateway Chevrolet, two 1999 Chevrolet Lumina midsize sedans (replacement) for use by Police/Criminal Investigation, $29,624; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Miracle Recreation Equipment Company c/o Miller Recreation Equipment and Design, Inc., purchase & installation of playground equipment (replacement) to be used at Holt/Martin Luther King Playground, $30,660.41 (OOL) Swartz Associates, Inc., purchase & installation of playground equipment (replacement) to be used at Coachman Ridge Park, $28,562.84 (QOL) Approve funding in the amount $21,191 for one 1999 Dodge pickup truck through City's Master Lease-Purchase Agreement (This vehicle was purchased with an incorrect funding code, however, was on the replacement list for the current fiscal year. The new vehicle has been received from Hill-Kelly Dodge, Inc.)(GSS) Commissioner See I moved to approve Item #31, as submitted, and authorize the appropriate officers to execute same less the Interprint contract (16). The motion was duly seconded and carried unanimously. mcc0199 17 01/21/99 . . . Item #31 (16) Interprint Inc., Clearwater Maaazine for distribution to citizens of Clearwater, 01/22/99-10/31/99. estimated $89.689 (a printing contract was awarded to Pinellas Press on 11/19/98, however, contractor provided less than satisfactory magazine for 1 st issue; this award covers remaining three issues during fiscal year)(PCM) It was felt resolution with the original vendor is necessary before the City commits to another printer contract. The City Attorney said Pinellas Press had taken no action following notice of cancellation of the City's purchase order. The City's grounds for termination were articulated in the letter. Commissioner Clark moved to continue the award of the contract to Interprint, Inc. to a date uncertain until a resolution with the current vendor is assured. The motion was duly seconded and carried unanimously. ITEM #37 - Contracts to Hootie and the Blowfish ($100,000) & The Beach Bovs ($55,000) for concert performances on 03/26/99 & 03/28/99; approve estimated budget of $311,440; and authorize $311,440 from Vision Funds (PR) In conjunction with the March 1999 NCAA Final Four Men's Basketball Tournament at Tropicana Field, Time Warner Communications and the Clearwater/Dunedin Junior League wish to partner with the City for "Clearwater Celebrates Sounds Under the Stars" concerts in Coachman Park. Other related activities are planned City-wide. To cover City cash and in-kind service expenses, Clearwater will receive ticket receipts, sponsor funds, food & beverage sales, and exhibitor fees to reimburse allocated Vision Funds. The Junior League will provide volunteers to service the concerts, cover costs associated with beer and wine sales for the Hootie & the Blowfish concert, and retain sales proceeds to fund the organization's community service programs. Time Warner Communications' contribution of cash and all concert marketing efforts to include print, radio, and television is valued at more than $300,000. While promoting outdoor events exposes the City to an element of risk, staff feels budget projections can be met and sufficient revenues generated to cover all City costs and services. Net revenue to be split between the City and Junior League will not exceed the total amount of sponsorships the Junior League generates. Along with related activities, the concerts will provide visitors opportunities to experience Clearwater. Positive visitor experiences enhance efforts to promote Clearwater as a tourist and visitor destination and support the City's Vision. Opposition was voiced a previous suggestion to institute paid parking during these events will create ill will. The City Manager said paid parking was suggested to provide community groups an avenue to raise funds and encourage more citizen participation in community events. Valet parking was suggested. One citizen spoke in opposition. Two citizens spoke in support. mcc0199 18 01/21/99 . . . The City Clerk indicated The Beach Boys contract had been reviewed and approved by the Legal Department. While the budget remains $311,440, the $5,000 cost of air fare is now included in The Beach Boys contract, increasing the contract amount to $60,000. Commissioner Johnson moved to award contracts to Hootie and the Blowfish ($100,000) and The Beach Boys ($60,000) for concert performances on March 26, 1999, and March 28, 1999; approve an estimated budget of $311,440; and authorize expenditures not to exceed $311,440 from Vision Funds, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #45 - Clearwater Block Partv Dav - set date & name chanqe In August 1998, the City Commission endorsed the Clearwater Block Party Program and recommended setting a date in Spring 1999. Staff wishes to schedule the date and commence marketing activities. The program will encourage City neighborhoods to hold a neighborhood celebration on one day from 11 :00 a.m. to 7:00 p.m. Commissioners and staff will visit parties in progress. The City will offer neighborhoods a starter kit, planning materials, and decorations. Staff recommends naming the program "Celebrate Clearwater Neighborhoods Day" and scheduling it for April 10, 1999, when it can be tied into the Fun N' Sun Festival. Commissioner Johnson moved to name the block party program "Celebrate Clearwater Neighborhoods Day" and schedule it for April 10, 1999. The motion was duly seconded and carried unanimously. It was recommended neighborhoods wishing to participate contact the City. ITEM #46 - Res. #99-02 - Establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing; authorizing a Public Hearing; providing certain other matters in connection therewith (Bond Reimbursement for Housing Revenue Bonds - Oaks of Clearwater)(FN) BEF, Inc., an exempt organization, is acquiring from mortgage holder, Beal Bank, the Oaks of Clearwater buildings, Oak Cove and Oak Bluff. BEF plans to renovate Oak Cove with three levels of senior care and then relocate all Oak Bluff tenants to Oak Cove. Oak Bluff then will be renovated and expanded for market rate housing. After renovations, Oak Bluff will become subject to ad valorem taxes while Oak Cove will remain exempt from such taxes. The City has been requested to issue a series of tax exempt and taxable bonds to finance the acquisition and rehabilitation of both buildings. It is anticipated the City will be a conduit issuer of bonds for BEF in early 1999 to finance a portion of this project. The City's participation will enable a portion of the bonds to be tax exempt. mcc0199 19 01/21/99 . . . The City's Bond Counsel, Financial Advisor, and Disclosure Counsel are reviewing the bonds and project to determine the legality and feasibility of the proposal. BEF will pay all expenses and costs associated with this project and the City will not incur any expense or liability by issuing these bonds. The Deputy City Manager will hold a public hearing related to the issuance of these bonds in accordance with IRS Code. This resolution will allow the reimbursement of any expenses the City incurs prior to the issuance of Bonds. Commissioner Seel moved to establish the intent to reimburse certain project costs incurred related to the "Oaks of Clearwater" buildings with proceeds of future tax-exempt financing, authorizing a public hearing, and providing for certain other matters in connection therewith, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-02 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-02 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #47 - First Readinq Ord. #6370-99 - Authorizing issuance of not to exceed $35 million Housing Revenue Bonds (BEF, Inc. Project) in one or more series to be applied to pay a portion of the cost of the acquisition and rehabilitation of the Oak Cove and Bluff Cove buildings; providing for payment of the bonds from the revenues of the project financed therewith and certain other legally available funds; authorizing approval of the form of the financing documents by resolution; making other covenants and agreements in connection therewith (FN) Also see Item #46. This ordinance provides the necessary ordinance authorization required by the City's Charter to issue industrial development revenue bonds. BEF will pay all expenses and costs associated with this project. At the time of second reading, a sale resolution detailing the specifics of the sale, will be brought forward for City Commission adoption. Commissioner Hooper moved to approve the issuance of not to exceed $35-million Housing Revenue Bonds (BEF, Inc. Project) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6370-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6370-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. mcc0199 20 01/21/99 . ITEM #48 - Res. #99-12 - Establishing the intent to reimburse certain Infrastructure Sales Tax Revenue project costs incurred with proceeds of future tax-exempt financing (FN) The Penny for Pinellas project list identifies several projects which staff anticipates will be funded through the issuance of bonds. The City plans to issue bonds in 1999 to finance the "Gateway to the Beach" project. The City will incur project expenses prior to the bonds' issuance. This reimbursement resolution will allow Bond proceeds to reimburse the City. Commissioner Hooper moved to establish the intent to reimburse certain infrastructure sales tax revenue project costs incurred with proceeds of future tax-exempt financing and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-12 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-1 2 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. . ITEM #49 - Contract for Clearwater Airpark installation of Runway & Taxiway Lighting System, H.L. Pruitt, Inc., $185,645.90 (PW) The City approved a JPA (Joint Project Agreement) with FDOT (Florida Department of Transportation) to construct Medium Intensity Runway Lights and Low Intensity Taxiway Lights at the Airpark. The JPA authorized the lighting system on a 50/50 cost sharing basis. The City pays the upfront cost of the project and is reimbursed by FDOT upon completion of construction. The project budget was estimated to be $100,000. FDOT has approved the project and is amending the existing JPA to include additional FDOT funding for a true 50/50 split of the $185,645.90 construction costs. This project includes the design and installation of fixed medium intensity runway lights and fixed low intensity taxiway lights and the installation of a radio controlled switch capable of activating the lighting system by a standard VHF aircraft transmitter. This airport lighting system will encourage more business aircraft to use the airpark and will provide safer air operations during inclement weather and when seasonal daylight is minimal. Installation of the lighting system is part of the airpark's 5-year plan. Public Works Administrator Rich Baier said the upgrades will improve airpark safety. Harbormaster Bill Morris said remote activation of the lighting system can be overridden at night. The airpark opens at 7:00 a.m. with no landings permitted after 9:00 p.m. and no takeoffs allowed after one hour after sunset. In response to discussion, FBO (Fixed Base Operator) Rick Emshoff said touch and go landings are not permitted. He said the lights . mcc0199 21 01/21/99 . . . will not increase traffic nor will night operations increase. Mr. Morris said the lights are proposed to enhance safety, not to increase the hours of operation. Concern was expressed regarding safety issues should the remote light activation be overridden at night. It was felt if related abuses occur, that issue could be revisited. Four residents spoke in opposition. One resident spoke in support. Commissioner Johnson moved to award a contract for the Clearwater Airpark Installation of Runway and Taxiway Lighting System to H.L. Pruitt, Inc., of Winter Springs, Florida for the sum of $185,645.90 which is the lowest most responsive bid received in accordance with plans and specifications and that the appropriate officials be authorized to execute same. The motion was duly seconded. It was noted the City does not intend to permit night flying, however, remote activation of the lighting system will not be disabled but will be monitored for abuse. Upon the vote being taken, the motion carried unanimously. ITEM #50 - Beautification Committee - 2 appointments (CLK) AND ITEM #51 - Parks and Recreation Board - 1 appointment (CLK) It was felt more citizen volunteers are needed. Commissioner Johnson moved to continue Items #50 and #51 to February 4, 1999. The motion was duly seconded and carried unanimously. ITEM #52 - Other Pendinq Matters - None. CITY ATTORNEY REPORTS ITEM #53 - Res. #99-03 - Supporting Pinellas Suncoast Transit Authority's efforts to obtain a permanent stop at Tyrone Square Mall It was noted "required" in the second Whereas clause has been changed to "essential." The City Attorney presented Resolution #99-03 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #99-03 as amended and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. mcc0199 22 01/21/99 . . . "Nays": None. ITEM #54 - Res. #99-04 - Assessing property owners the costs of having mowed or cleared owners' lots The City Attorney presented Resolution #99-04 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-04 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #55 - Other Citv Attornev Items - None. ITEM #56 - Citv Manaqer Verbal Reports - None. ITEM #57 - Other Commission Action Commissioners Clark, Hooper, Johnson, and Mavor Garvev congratulated Commissioner Seel on her appointment to the County Commission. They wished her well and thanked her for her many contributions to the City. Commissioner Hooper said the Martin Luther King Day celebration had included a full day of activities and a well attended march. Commissioner Hooper said pending legislation related to Police/Fire pensions will have no cost effect on Florida cities. Commissioner Johnson was pleased a toll will not be charged on the connection between the Courtney Campbell Causeway and Interstate 275 in Tampa. Commissioner Johnson congratulated Lt. Tom Allegretti who was named Firefighter of the Year Mavor Garvev invited the public to Saturday's Farmers Market at Station Square Park. Commissioner Seel stated this is her last meeting as a City Commissioner. She spoke of her love for Clearwater and desire to make a difference. She reviewed highlights of her tenure including Commission ambassador visits, neighborhood visioning, grants for non-profits related to special events, downtown concerts, accountability, improved customer service, no increase in ad valorum taxes, economic development, and the vision which set the tone for 1I0ne City. One Future. II She thanked her family, the Commission and staff. mcc0199 23 01/21/99 . . . ITEM #58 - Adiournment ATTEST: mcc0199 The meeting adjourned at 11 :00 p.m. r It - .~ Ai . \'-'\~- t._~; l J <> - YJ2. :.-..City Clerk ---. 24 01/21/99 . . . ~c.~ I,al.cr/ EXHIBIT #1 PARCEL 1: Lot 2, FOUNDATION OAKS, according to the plat thereof, recorded in Plat Book 118, Page 85 of the Public Records of Pinellas County, Florida. PARCEL 2: The South 100 feet of the East 100 feet of the following described tract of land: From the Southeast corner of the NW 14 of the SW ~ of Section 22, Township 29 South, Range 15 East, Pinellas County, Florida; run thence N. 00022'56" West, along the East boundary thereof 30.00 feet; thence North 89011'46" West, 30.00 feet to the Point of Beginning. Also being the North right-of-way line of Woodlawn Street and the West right-of-way line of Greenwood Avenue; thence continue North 89011'46" West, 208.71 feet along said North right-of-way line of Woodlawn Street; thence North 00022'56" West, 208.71 feet; thence South 89011'46" East, 208.71 feet to the West right-of-way line of said Greenwood Avenue; thence South 00022'56" East, 208.71 feet along said West right-of-way line to the Point of Beginning. . e . ... ~ c.c..~ \ .;11.'11 Ex~ ,6 i-\- ;{/ @> January~, 1999 MEMO TO: Mayor and City Commission Members FR: Michael Roberto, City Manager RE: Proposed Amendments to the New Community Development Code Since the first reading on the new code, staff and the consultants have continued to meet with residents and business interests and to address the consistency requirements of the Pinellas Planning Council. The following amendments are being proposed to address the Pinellas Planning Council consistency issues and other items as listed in the following. ADDENDA to First Reading Ordinance of the City of Clearwater Community Development Code ARTICLE 1 GENERAL PROVISIONS Section 1-103 General Purposes B. Add the words "City of' to the following sentence: " It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater b " y..... Add Section 1-108 Countywide Consistency Applications for development approval shall be consistent with the provisions of this Community Development Code and the Countywide Future Land Use Plan as required by State law. Development potential is based on the applicable zoning district and as permitted by the Countywide Future Land Use Plan Designation. In cases where there is a difference between the density permitted fu the zoning district and that which is permitted by the land use classification. the more restrictive shall prevail. In addition. uses of land shall be consistent with uses permitted in the assigned zoning district as well as the uses permitted by the Countywide Future Land Use Plan Designation. ARTICLE 2 ZONING DISTRICTS Add Section 2-101.1 Maximum Development Potential The Low Density Residential District (LDR) may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the 1 Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the LDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future La~d Use Designations that apply to the LOR District are as follows: . . Countywide Future Land Use Desi nation Residential Estate Residential Suburban Residential Low Add Section 2-201.1 Maximum Development Potential Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .30 IISR .60 FAR .30 I ISR .60 FAR.40 IISR .65 The Low Medium Density Residential District (LMDR) may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the LMDR District shall be determined by the standards found in this Code as well as the Cou~de Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: . Countywide Future Land Use Desi nation Residential Urban Maximum DweUine Units Per Acre of Land 7.5 dwellin units er acre Add Section 2-301.1 Maximum Development Potential Max. Floor Area Ratio I 1m ervious Surface Ratio FAR.40 I ISR .65 The Medium Density Residential District (MDR) may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the MDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MDR District are as follows: Countywide Future Land Use Desi nation Residential Urban Residential Low Medium Residential Medium . acre r acre racre 2 Max. Floor Area Ratio I 1m ervious Surface Ratio FAR.40 I ISR .65 FAR .50 I ISR .75 FAR. 50 nSR .75 . Section 2-303. Flexible Standard Development Medium Density Residential District Add to Maximum Height 30-"40" Delete Flexibility Criteria 1-8 for Attached Dwellings and Replace with: "1. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or impr~ved d~sign and appearance: b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel which is designated as low density residential in the Zoning Atlas: 3. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four (4) feet in height" . Section 2-304 Flexible Develooment Medium Density Residential Develooment Add to Maximum Height 30."50" Delete Flexibility Criteria 1-8 for Attached Dwellings and replace with: "1. Height: a. The increased height results in an. improved site plan. landscaping areas in excess of the minimum required andJorimproved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcd of land which is designated as low density residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas. 3. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four (4) feet in height." . 3 e Add Section 2-401.1 Maximum Development Potential The Medium High Density Residential District (MHDR) may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the MHDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Land Use Desi nation Residential Hi h Maximum Dwellios! Units Per Acre of Land 30 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .60 IISR .85 Section 2-403 Add to Maximum Height 30-"40" Add Section 2-501.1 Maximum Development Potential . The High Density Residential District (HDR) may be located in more than one land use category. It is the intent of the IIDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IIDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the HDR District are as follows: Maximum Dwelline Units Per Acre of Land 30 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .60 IISR .85 Add Section 2-601.1 Maximum Development Potential The Mobile Home Park District (MHP) may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the MHP District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: . Countywide Future Land Use Desi nation Residential Low Medium Maximum Dwelline Units Per Acre of Land 10 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .50 IISR .75 4 . Add Section 2-701.1 Maximum Development Potential The Commercial District (C) may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the C District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Use Desi ation Commercial Nei hborhood Commercial Limited Commercial General Residential/OfficelRetail MaL Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .80 FAR .45 I ISR .85 FAR .55 I ISR .95 FAR.40 I ISR .85 Overni2ht Accommodations Units Per Acre N/A 30 units 40 units 30 units Add Section 2-801.1 Maximum Development Potential . The Tourist District (T) may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for. the Countywide Future Land Use Designations that apply to the.T Di~trict are as follows: Countywide Future Land Use Desi ation Resort Facilities Hi h MaL Floor Area Ratio I 1m nioos Surface Ratio FAR .30 IISR .95 Overni2bt Accommodations Units Per Acre 40 units r acre Add Section 2-901.1 Maximum Development Potential . It is the intent of the D District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the D District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the D District that have a Future Land Use of Central Business District (CBD). maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. . 5 . . . '. Add Section 2-1001.1 Maximum Development Potential The Office District (0) may be located in more than one land use category. It is the intent of the 0 District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the 0 District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the 0 District are as follows: Countywide Future Land Use Desi ation ResidentiaVOffice Limited ResidentiaVOffice General ResidentiaVOffice/Retail Ovemi2ht Accommodations Units Per Acre N/A N/A 30 units r acre Max. Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .75 FAR .50 I ISR .75 FAR.40 I ISR .85 Add Section 2-1101.1 Maximum Development Potential The Mixed use District (MU) may be located in more than one land use category. It is the intent of the MU District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel ofland within the MU District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MU District are as follows: Countywide Future Land Use Desi ation ResidentiaVOffice Limited ResidentiaVOffice General ResidentiaVOffice/Retail Resort Facilities Hi Overni2bt Accommodations Units Per Acre N/A N/A 30 units 50 units Max. Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .75 FAR.50 IISR .75 .. FAR.40 I ISR .85 FAR 1.2 nSR .94 r acre r acre r acre r acre. . Add Section 2-1201.1 Maximum Development Potential The Institutional District (I) may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the I District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: Coun ide Future Land Maximum Dwellin Units Max. Floor Area Ratio I 6 . Use Desi nation Institutional Trans ortation 1 Utilit 1m ervioull Surface Ratio er acre FAR .65 1 ISR .86 FAR .701 ISR .90 Add Section 2-1301.1 Maximum Development Potential The Industrial. Research. and Technology District (IR T) may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IRT District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the IR T District are as follows: Countywide Future Land Use Desi nation Industrial Limited Industrial General Maximum Dwellin2 Units Per Acre of Land N/A N/A Max. Floor Area Ratio 1 1m ervioull Surface Ratio FAR .651 ISR .85 FAR .751ISR .95 . Add Section 2-1401.1 Maximum Developme~t Potential The Open SpacelRecreation District (OSR) may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the OSR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Maximum DweUin2 Units Per Acre of Land N/A Max. Floor Area Ratio 1 1m ervious Surface Ratiu FAR .25 /ISR . 60 Add Section 2-1501.1 Maximum Development Potential . The Preservation District 0>) may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel ofland within the P District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: 7 . . . '. Countywide Future Land Use Desi~nation Preservation Maximum Dwelline: Units Per Acre of Land N/A Max. Floor Area Ratio / Imoervious Surface Ratio FAR.1O /ISR. 20 ARTICLE 3 DEVELOPMENT STANDARDS Section 3-805 B. Fences and Walls Add the following sentence to the paragraph: "However. fences and walls in the front setback area of the LDR and LMDR districts area limited to thirty-six (36) inches in height." Section 3-901 GeneraVTechnical Codes Delete B. and Add the following: "City of Clearwater Subdivision Design Standards and Stormwater Drainage Criteria Manual." Section 3-1202 D. 2. Interior Landscaping Amend the last line in the paragraph to add the word "required" as follows: ".. ..square feet of required landscaping." Then add a new sentence to the paragraph" as follows: "No more than fifty (50) percent of the area shall contain shrubs with the remainder to be ground cover." Section 3-1302 Site Lighting Delete "D. Beachfront Property. The light source from outdoor lighting located on beachfront property shall not be visible from the water." Add "D. Sea Turtle Nesting Areas. To the extent possible. no light within three hundred feet shall be visible or extend to areas identified as Sea Turtle Nesting Areas during the nesting season of May I to October 31. Those areas were security and public safety require lighting. alternative light management approaches shal1 be. applied. The Florida Marine Research Report Institute Technical Report-"Understanding. Assessing. and Resolving Light-Pollution Problems on Sea Turtle Nesting Beaches" shall be used a guide to provide the most thorough solution practical." Section 3-1805 C. Signs Permitted Without Development Review" Add the following sentence to the end of the paragraph: "....Other special event and/or public purpose signs of a temporary nature may be approved on a case by case basis. The type of sign. size. design and length of display will be detennined by the Community Development Coordinator." 8 . '. . . . ARTICLE 4 DEVELOPMENT REVIEW AND OTHER PROCEDURES Section 4-1403 Transfer of Development Rights C. Delete C (2) and replace with: "No building which exceeds one hundred (100) feet in height shall be located within one hundred (100) feet of any other building which exceeds one hundred (100) feet in height. No more than two (2) buildings which exceed one hundred (100) feet in height shall be located within five hundred (500) feet of any building which exceeds one hundred (I 00) feet in height. " D. Add to the end of the sentence ".... . except that density averaging is permitted within residential use categories depicted on the Future Land Use Plan. The entire area under consideration must be considered as one proiect and the total dwelling unit count shall not exceed what is otherwise allowed under the Future Land Use Plan for the total area under consideration." H. Add to the end of the sentence " . . . . and Pinellas Planning Council. " ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION Section 8-102 Definitions Add the following sentence to the definition of Assisted Living Facility ... "For the purpose of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." Delete the definition of Caliper and Add the following definition "Caliper means the measurement of young or nursery trees and is measured at a height six (6) inches above the ground or soil level. " Add the following definition: " Diameter Breast Height (DBH) is a measurement of mature trees and is measured at a height four (4) feet above the ground or soil level." Add the following definition: "Coastal High Hazard Areas (also high-hazard coastal areas) means areas designated by local governments pursuant to Paragraph 163.178 (2) (h). Florida Statutes. and includes areas which have historically experienced destruction or severe damage. or are scientifically predicted to experience destruction or severe damage from stonn surges. waves. erosion. or other manifestations of rapidly moving or storm driven water." Add the following sentence to the definition of Congregate Care... "For the purpose of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." 9 . Add the following definition: "Floor Area Ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross floor area. " Add the following definition: "Impervious Surface Ratio (ISR) means a measurement of intensity of hard surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area." Add the following sentence to the definition of Nursing Home... ."For the purposes of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." . . 10 . . . C.ClY\~ \..a\..99 HIS V~ E:)(~.; b;+ 3 MOTION TO AMEND ORDINANCE 6348-99 ON SECOND READING 1. Add new Section 5 to read as follows: Section 5. For 45 days followina adoption of this ordinance no application for rezonina. conditional use or variance shall be accepted. Development approval may be processed under the existing regulations if no variance. conditional use or rezonina is reauired. Where a complete application for development approval is pendina on the adoption of this Development Code. the provisions of the regulations in effect when the application was filed shall govern the review and approval of the application for development approval. provided that: 1. The application is approved within six (6) months of the date of adoption of this Development Code: and 2. Construction beains within six (6) months of the issuance of such approval and is diliaently pursued to completion. In the event within 6 months after the adoption of this Development Code. an approved use of 750.000 sa. ft. or more. existing on the date of the adoption of this Development Code. submits an application for development approval. for a substantial redevelopment of the existina use. and application of this Development Code to the proposed redevelopment would be more restrictive than the Land Development Code in existence immediately prior to adoption of this Development Code (the "Old Code"). then the applicant shall comply with the Development Code to the extent compliance does not render the proposed redevelopment commercially or economically unfeasible. in which event. and to such extent. the proposed redevelopment shall comply with the Old Code. 2. Renumber Sections 5 and 6 to Sections 6 and 7. 3. Add the following language at the end of new Section 7: The provisions of this ordinance shall take effect forty-five days after passage except Section 5 which shall take effect upon adoption. Pamela K. Akin City Attorney 1-21-99 . ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, January 21, 1999 - 6:00 P.M. - Commission Chambers . Invocation - Skycrest Baptist Church Minister. Pledge of Allegiance - Mayor. Service Awards - None. Introductions and Awards a) Proclamation: Junior League of Clearwater/Dunedin - 50th Anniversary - December 1998. Presentations a) Turkey Trot Awards - Iron Turkey to Public Works Administration; Stuffed Turkey to Human Resources Department. b) Beach Entryway Roundabout Progress Report - Given. Approval of Minutes - Regular Meeting 1211 0/98 - Approved as submitted. Citizens to be heard re items not on the Agenda 1 . 2. 3. 4. 5. 6. 7. Rov Cadwell welcomed the new year, congratulated Commissioner Seel re Governor appointing her to County Commission, and objected to utility charges while he lived elsewhere. Anne Garris reviewed the history of the Memorial Civic Center, noted the effects of its loss, and encouraged its timely replacement. Carl Waqenfohr submitted an article re roundabouts and said they should not be elliptically shaped. Rick Barber requested a list of guidelines re permitted signage. .1/21/99 PUBLIC HEARINGS Not Before 6:00 P.M. 8. Public Hearing & First Reading Ords. #6362- 99 & #6363-99 - Annexation & RS-8 Zoning for property located at 1220 Stockton Dr., Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-30) (PLD) 9. Public Hearing & First Reading Ords. #6364- 99 & #6365-99 - Annexation & RS-6 Zoning for property located at 2185 Burnice Dr., Glen Ellyn Estates, Lot 32 (David & Margaret Clark and David & Daria Warner, A98- 31 )(PLD) 10. (Cont. from 12/10/98) Public Hearing & First Reading Ord. #6361-99 - Vacating E % r-o-w of N. Prospect Ave., lying north of Laura Street and City's request to vacate W % r-o- w of N. Prospect Ave., lying north of Laura Street, subject to retaining a 10' drainage & utility easement (Theta Homes, V98-09)(PW) 8. Approved. Ords. #6362-99 & #6363-99 passed 1 st reading. 9. Approved. Ords. #6364-99 & #6365-99 passed 1 st reading. 10. Approved. Ord. #6361-99 passed 1 st reading. .11. Public Hearing & First Reading Ord. #6383- 99 - Vacating 5' Utility Easement lying along rear of Lots 1-13, Blk E, Hibiscus Gardens (Cleveland Plaza, Ltd., V99-01 )(PW) 12. Public Hearing & First Reading Ord. #6384- 99 - Vacating W 2.5' of 10' Drainage & Utility Easement lying along E side of Lot 473, Morningside Estates, Unit 6B, less northerly 5' (Dunham, V99-02)(PW) 13. Public Hearing & First Reading Ord. #6385- 99 - Vacating 3' x 20' Utility Easement lying along easterly lot line of Lot 37, Ambleside First Addition (Polglaze, V99-03)(PW) 14. Public Hearing - South Greenwood Neighborhood Police Substation & Family Service Center - accept donation of and declare surplus real property located at NW corner of S. Greenwood Avenue & Woodlawn Street from Community Service Foundation; waive $13,108 in city demolition & lot clearing liens; approve 1 year lease to Community Service Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build district . parking lot & landscaping; and approve a 30 year lease with Foundation Village Neighborhood Family Center, Inc. (PLD) 15. Public Hearing & Second Readinq Ord. #6348-99 - new Community Development Code (PLDl 16. Public Hearing & First Reading Ords. #6366- 99 & #6367-99 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 902, 904 & 906 Grant St., First Addition to Norwood, Blk B, Lots 1-3 (James & Bonnie Jackson, Ester Hunt, & Saint John Missionary Baptist Church of Clearwater, Inc., LUP98-11, Z98-13)(PLD) 17. Variance(s) to Sign Regulations for property (Winn Dixie) located in Northwood Plaza Shopping Center, 2514 McMullen Booth Road, Sec. 28-28-16, M&B 33.02 (John Hancock Life Insurance Co., SV98-24)(PLD) 18. Public Hearing & First Reading Ord. #6368- 99 - Readopting the Land Use Plan Amendment previously adopted by Ord. #6172-97, to Recreation/Open Space and .1/21/99 11. Approved. Ord. #6383-99 passed 1 st reading. 12. Approved. Ord. #6384-99 passed 1 st reading. 13. Approved. Ord. #6385-99 passed 1 st reading. 14. Donation accepted; property declared surplus; liens waived; CSF lease approved; funding for parking lot and landscaping authorized; and Foundation Village lease approved. 15. Ord. #6348-99 adopted as amended. 16. Approved. Ords. #6366-99 & 6367-99 passed 1 st reading. 17. Continued to 02/04/99. 18. Approved. Ord. #6368-99 passed 1 st reading. 2 . Preservation for property located at 2950 Drew Street, Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07)(CA) Public Hearing - Second Reading Ordinances 19. Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay Channel by approx. 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1) 20. Ord. #6354-99 - Annexation for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) 21. Ord. #6355-99 - RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) 22. Ord. #6359-99 - Vacating N 5' of 10' Drainage & Utility Easement lying along south side of Lot 6, Blk H, Northwood Estates - . Tract F, less easterly 5' (Erickson, V98-07) ~ 23. Ord. #6360-99 - Vacating 10' Utility Easement lying along south side of Lot 16, Forest Estates (Cooley, V98-08) 24. Ord. #6371-99 - Submitting to the City Electors proposed non-substantive amendments to the City Charter 25. Ord. #6372-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 1.01 to transfer certain language contained in subsection (d) to subsection (a) and to clarify subsection (b) to allow the City to exercise its powers, perform its functions, and participate in the financing thereof, with any person as defined by law 26. Ord. #6373-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01 (d) regarding limitations on Commission power to eliminate charter restrictions on purchasing of goods and services; to increase amount of dredging permitted without referendum; to permit the .1/21/99 19. Ord. #6353-99 adopted. 20. Ord. #6354-99 adopted. 21. Ord. #6355-99 adopted. 22. Ord. #6359-99 adopted. 23. Ord. #6360-99 adopted. 24. Ord. #6371-99 adopted. 25. Ord. #6372-99 adopted. 26. Ord. #6373-99 adopted as amended. 3 sale, lease or donation of real property for less than appraised value; to limit leases of municipal property to 30 years; to eliminate the requirement of recapture and reverter clauses in leases; making certain non- substantive changes 27. Ord. #6374-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in addition to any partial term, and to provide that Commissioners shall be sworn in at the next Commission meeting following their election; and other non-substantive changes 28. Ord. #6375-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.07(e) and (f) to eliminate the Charter restrictions on Advisory Boards; amending Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to address advertising under the control of the candidates 29. Ord. #6376-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 7.02 to change the composition of the Charter Review Committee; to require that the charter amendments proposed by the committee be submitted directly to referendum 30. Ord. #6377-99 - Submitting to the City Electors a proposed amendment to the City Charter repealing Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum for revenue bond projects in excess of one million dollars . . .1/21/99 27. Ord. #6374-99 adopted. 28. Ord. #6375-99 adopted as amended. 29. Ord. #6376-99 denied. 30. Ord. #6377-99 adopted. 4 . . .1/21/99 CITY MANAGER REPORTS CONSENT AGENDA (Items #31-44) - Approved as submitted less Items #31 (lnterprint, Inc.) & #37. 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. 31. Approval of Purchases per 12/31/98 memorandum: Approved except Interprint Inc. purchase St. Petersburg Times, advertising services, 1/22/99-12/31/99, est. $30,000 (PCM) Coastline Equipment Company, Inc., one 1999 Case 580 Super L, tractor/backhoe/loader (previously approved addition) to be used by PW/Wastewater Collection, $42,563.65; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Bill Currie Ford, three 1999 Ford F-250 pickup trucks (1 replacement & 2 previously approved additions) with Knaphide utility bodies for use by Building & Maintenance, $64,872; funding to be provided under City's Master Lease-Purchase Agreement ($21,624) & cash ($43,248)(GSS) Maroone Chevrolet, three 1999 Chevrolet S-10 pickup trucks (replacement), $53,073; funding to be provided under City's Master Lease-Purchase Agreement ($39,073) & cash ($14,000) (GSS) Don Reid Ford, one 1999 Ford F-350 pickup trucks (replacement) with Knaphide utility bodies for use by PW/Water Distribution, $23,222; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Maroon8 Auto Plaza, two 1999 Chevrolet C3500 pickup trucks (replacement) for use by Parks Maintenance & Nursery, $42,466; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Kaiser Pontiac-Buick GMC, Inc., four 1999 GMC Sonoma compact pickup trucks for use by CGS Meter Readers, CGS Service & Repair & PW/Water, $48,017; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Don Reid Ford, one 1999 Ford Crown Victoria Police Pursuit Vehicle for use by Police Department, non-scheduled replacement for an accident destroyed vehicle, $24,465; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Oakhurst Construction, design, construction & installation of pre-manufactured metal building at E.C. Moore West Complex, $54,285.11 (OOL) Duval Ford, three 1999 Ford Taurus sedans (replacement) for use by Police/Criminal Investigation, $45,569; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Garber Buick-Pontiac-GMC Truck-Chevrolet-Geo, three 1999 Chevrolet Monte Carlo investigative vehicles (replacement), est. $46,482; funding to be provided under City's Master Lease-Purchase Agreement (GSS) M.T. Deason Company, gas materials (steel pipe & fittings), to be used throughout Gas System, 1/22/99-1/31/2000, est. $40,000 (GAS) Progressive Industrial, one 1999 Marina Work Boat, $66,000 (OOL) Rowland Inc., Northwood Area Traffic Calming Phase I, $38,073.64 (PW) 5 e- Interprint Inc., Clearwater Magazine for distribution to citizens of Clearwater, 1/22/99-10/31/99, est. $89,689 (a printing contract was awarded to Pinellas Press on 11/19/98 however contractor provided less than satisfactory magazine for 1 st issue; this award covers remaining three issues during fiscal year)(PCM) - CONTINUED TO DATE UNCERTAIN. Com ark Government Sales, one HP Netserver LH3 PII Mod 1 PED, computer hardware server for use at MSB by IT personnel, $44,994 (GSS) RDP Company, replacement & overhaul parts for heating elements used at NE Residuals processing Facility of WPC, $66,266 (PW) Bell Chevrolet, one 1999 Chevrolet CC15703 V2 ton pickup (replacement) for use by Police/Office of Professional Standards, $16,038; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Teeo, Inc., one 1999 Navistar 4700 truck (replacement) with aerial lift for use by PW/Urban Forestry, $83,157; funding to be provided under City's Master Lease-Purchase Agreement (GSS) . Gateway Chevrolet, two 1999 Chevrolet Lumina midsize sedans (replacement) for use by Police/Criminal Investigation, $29,624; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Miracle Recreation Equipment Company c/o Miller Recreation Equipment and Design, Inc., purchase & installation of playground equipment (replacement) to be used at Holt/Martin Luther King Playground, $30,660.41 (QOL) Swartz Associates, Inc., purchase & installation of playground equipment (replacement) to be used at Coachman Ridge Park, $28,562.84 (QOL) Approve funding in the amount $ 21, 191 for one 1999 Dodge pickup truck through City's Master Lease-Purchase Agreement (This vehicle was purchased with an incorrect funding code, . however, was on the replacement list for the current fiscal year. The new vehicle has been received from Hill-Kelly Dodge, Inc.)(GSS) 32. Accept Quit Claim Deed for property located at 1108 N. Greenwood Ave., Greenwood Manor, N 32' of Lot 2 less road, Lot 4 less road, and E 65' of Lot 5, $11,397.66 (ED) 33. Contracts to: Prototype Inc., "Fleet Anywhere" fleet management software system, $142,800; Comark Government and Educational Sales, computer hardware, $est. $72,000; and Oracle Corp., database software, est. $30,000 - for total est. $244,800 (GS) 34. Agreement with Career Options of Pinellas, Inc., administer City's Summer Youth Employment Program, $150,000 (HM) 35. Approve $26,715.91 donation in 1998 PILOT Funds, paid to the City by Clearwater Housing Authority (CHA), to the Clearwater Homeless Intervention Project, Inc. (CHIP)(PD) 36. Purchase of one Chevrolet Suburban vehicle, Garber Chevrolet-GEO, Inc., utilizing funds available in 1997-98 Local Law Enforcement Block Grant awarded by US Dept. of Justice / Bureau of Justice Assistance, $28,669 (PD) 37. Contracts to Hootie and the Blowfish ($100,000) & The Beach Boys ($55,000) for concert performances on 3/26/99 & 3/28/99; approve est. budget of $311,440; and authorize $311,440 from Vision Funds (PR) - APPROVED with Beach Boys Contract of $60,000. 38. Approve recommendations, agreement & release of funds in the amount $50,000 for Clearwater Marine Aquarium improvements (TR) 39. Contract, in 3 counterparts, for 1,289 sq.ft. strip of r-o-w along west side of Madison Avenue, George W. Stone, Trustee, Sun Trust Bank Nature Coast, Trustee, & Sally Jo Forester, for $9,023 plus est. closing expenses of $675, for total not to exceed $9,698 (PW) 40. Sidewalk Contract 1998-99, Purvis Curbs Corp., $474,006.71 (PW) .1/21/99 6 Contract for Jeffords Street Lift Station #7 (Drainage, Gravity Sewer, Force Main & Water Main Improvements), Steve's Excavating & Paving, Inc., $737,000 (PW) Receipt/Referral - Relating to Building Permit Regulations; amending Ch. 47 by creating new Sec. 47.084 to require demolition fencing (PLD) Interlocal Agreement with Town of Belleair for City to provide building construction inspection services at the cost of $25 per inspection, 10/1/98-9/30/99 (PLD) Authorize hiring Paul Meissner of Carlson, Meissner, Webb, Dodson & Hart, P.A. for consulting on matters involving Police Department and potential civil rights litigation (CA) .41. 42. 43. 44. OTHER ITEMS ON CITY MANAGER REPORT 45. Clearwater Block Party Day - set date & name change 46. Res. #99-02 - Establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing; authorizing a Public Hearing; providing certain other matters in connection therewith (Bond Reimbursement for Housing Revenue Bonds - Oaks of Clearwater) (FN) 47. First Reading Ord. #6370-99 - Authorizing issuance of not to exceed $35 million Housing Revenue Bonds (BEF, Inc. Project) in . one or more series to be applied to pay a _. . portion of the cost of the acquisition and rehabilitation of the Oak Cove and Bluff Cove buildings; providing for payment of the bonds from the revenues of the project financed therewith and certain other legally available funds; authorizing approval of the form of the financing documents by resolution; making other covenants and agreements in connection therewith (FN) 48. Res. #99-12 - Establishing the intent to reimburse certain Infrastructure Sales Tax Revenue project costs incurred with proceeds of future tax-exempt financing (FN) 49. Contract for Clearwater Airpark installation of Runway & Taxiway Lighting System, H.L. Pruitt, Inc., $185,645.90 (PW) 50. Beautification Committee - 2 appointments (CLK) 51. Parks and Recreation Board - 1 appointment (CLK) 52. Other Pending Matters .1/21/99 45. Set for 04/10/99, 11 a.m. to 7 p.m. Name "Celebrate Clearwater Neighborhoods Day". 46. Res. #99-02 adopted. 47. Ord. #6370-99 passed 1 st reading. 48. Res. #99-12 adopted. 49. Approved. 50. Continued to 02/04/99. 51. Continued to 02/04/99. 52. None. 7 . CITY ATTORNEY REPORTS 53. Res. #99-03 - Supporting Pinellas Suncoast 53. Res. #99-03 adopted as amended. Transit Authority's efforts to obtain a permanent stop at Tyrone Square Mall 54. Res. #99-04 - Assessing property owners the 54. Res. #99-04 adopted. costs of having mowed or cleared owners' lots 55. Other City Attorney Items 55. None. 56. City Manager Verbal Reports - None. 57. Other Commission Action Clark. Hooper. Johnson. and Garvev congratulated Seel on her appointment to the County Commission, wished her well, and thanked her for her many contributions. Hooper said the Martin Luther King Day celebration had included a full day of activities and a well attended march. . Hooper said pending legislation related to Police/Fire pensions will have no cost effect on Florida cities. Johnson was pleased a toll will not be charged on the connection between the Courtney Campbell Causeway and Interstate 275 in Tampa. Johnson congratulated Lt. Tom Allegretti who was named Firefighter of the Year. Garvev invited the public to Saturday's Farmers Market at Station Square Park. See I stated this is her last meeting as a City Commissioner. She reviewed highlights of her tenure and thanked her family, the Commission and staff. 58. Adjournment - 11 :00 p.m. .1/21/99 8 . CITY COMMISSION MEETING CITY OF CLEARWATER January 21, 1999 Present: Rita Garvey Ed Hooper J. B. Johnson Robert Clark Karen Seel Michael J. Roberto Richard L. Hedrick Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor/Commissioner Vice-M ayor /Comm issioner Commissioner Commissioner Commissioner City Manager Deputy City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by AI Zwan of Skycrest Baptist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. . ITEM #4 - Introductions and Awards Proclamation: Junior League of Clearwater/Dunedin - 50th Anniversary - December 1998. ITEM #5 - Presentations a) Turkey Trot Awards - Iron Turkey to Public Works Administration Department Stuffed Turkey to Human Resources Department. b) Beach Entryway Roundabout Progress Report The City Manager said removal of the Memorial Civic Center and Beach Diner has opened an expansive view of the beach. He reviewed landscaping plans for the entryway, including new street lights, street furniture, and light treatments on trees. He indicated the roundabout design has been moved to the east to provide % acre for a proposed interactive children's fountain that will improve the pier's family atmosphere. Seating will provide a place to watch sunsets. The City Manager estimated vehicles will average 20 mph through the roundabout due to traffic calming features. The 1 5-foot sidewalk with seating areas planned for Coronado Drive will attract visitors. Current plans are to mark the entrance to the beach with a monolith and sails. The 160-foot diameter fountain in the middle of the roundabout . mcc0199 1 01/21/99 . . . will be lighted at night and be capable of shooting water 45 feet high and adjusting itself on windy days. Staff is considering stone designs to highlight nearby crosswalks. According to plans, the interior portion of the entryway will be completed by mid- summer. Ingress and egress to businesses and roads will be maintained throughout construction. During the project, a staff member will be on call 24 hours a day. To guarantee project completion by December 1999, two crews will work on the road's construction 1 6-hours a day and 6-days a week. Walkovers, previously proposed, have been removed from the roundabout's design due to the low traffic count and the reality that people will cross the street instead of using the walkovers. A signalized crosswalk is planned south of the roundabout. The cost of the project with revised plans will not exceed $10-million. Staff will recommend a location and funding for a beach parking garage in the next few months for construction in FY (fiscal year) 2000/01. ITEM #6 - Approval of Minutes The Mayor noted a typographical error on page 11. Commissioner Johnson moved to approve the minutes of the regular meeting of December 10, 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 Aqenda Roy Cadwell welcomed the new year and congratulated Commissioner Seel regarding Governor Bush appointing her to the County Commission. Mr. Cadwell objected to being charged utility fees while he lived elsewhere. Anne Garris read from a letter she submitted reviewing the history of the Memorial Civic Center, the effects of its loss, and encouraging its timely replacement. Carl Wagenfohr submitted an article regarding roundabouts and said they should not be elliptically shaped. Rick Barber requested a list of guidelines regarding signage permitted for his flower shop. PUBLIC HEARINGS ITEM #8 - Public Hearinq & First ReadinQ Ords. #6362-99 & #6363-99 - Annexation & RS- 8 Zoning for property located at 1220 Stockton Dr., Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-30)(PLD) The applicant has requested annexation and zoning of Single-Family Residential "Eight" for 1220 Stockton Drive to obtain garbage collection services. The Planning & Zoning Board unanimously endorsed the request. mcc0199 2 01/21/99 . Commissioner Hooper moved to approve the petition for annexation and Zoning Atlas Amendment to Single Family Residential "Eight" (RS-8) for Lot 8, Block C, Stevenson's Heights Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6362-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6362-99 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 #6363-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6363-99 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 Hearinq & First Readinq Ords. #6364-99 & #6365-99 - Annexation & RS- 6 Zoning for property located at 2185 Burnice Dr., Glen Ellyn Estates, Lot 32 (David & Margaret Clark and David & Daria Warner, A98-31 )(PLD) . The applicant has requested annexation and zoning of Single-Family Residential "Six" for 2185 Burnice Drive to obtain sanitary sewer service. The Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the petition for annexation and Zoning Atlas Amendment to Single Family Residential "Six" (RS-6) for Lot 32, Glen Ellyn Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6364-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6364-99 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 #6365-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6365-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. . "Nays": None. mcc0199 3 01/21/99 . . . ITEM #10- (Cont'd from 12/10/98) Public Hearinq & First Readinq Ord. #6361-99 - Vacating E % r-o-w of N. Prospect Ave., lying north of Laura Street and City's request to vacate W % r-o-w of N. Prospect Ave., lying north of Laura Street, subject to retaining a 10' drainage & utility easement (Theta Homes, V98-09)(PW) To construct a multi-family project, the applicant proposes to use the east one-half right-of-way of N. Prospect Avenue and adjacent property to the east. The right-of-way contains no City infrastructure, is not paved, and has no vehicular traffic use. Staff recommends approval subject to retaining a drainage and utility easement for future utility installation needs. Commissioner Clark moved to approve the request to vacate the east one-half right- of-way of N. Prospect Avenue lying north of Laura Street and the City's request to vacate the west one-half right-of-way of N. Prospect Avenue lying north of Laura Street, subject to retaining a 10-foot drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6361-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6361-99 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 - Public Hearinq & First Readinq Ord. #6383-99 - Vacating 5' Utility Easement lying along rear of Lots 1-13, Blk E, Hibiscus Gardens (Cleveland Plaza, Ltd., V99-01 )(PW) Cleveland Plaza Shopping Center, at 1291-1235 Cleveland Street, was constructed over the easement without vacating the easement. The center's owners need to vacate the easement to clear the title. Commissioner Johnson moved to approve the request to vacate the 5-foot utility easement lying along the rear of Lots 1 through 13, Block "E," Hibiscus Gardens. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6383-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6383-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. mcc0199 4 01/21/99 . . . ITEM #12 - Public Hearinq & First Readinq Ord. #6384-99 - Vacating W 2.5' of 10' Drainage & Utility Easement lying along E side of Lot 473, Morningside Estates, Unit 6B, less northerly 5' (Dunham, V99-02)(PW) The property's swimming pool and deck, built approximately 18 years ago, encroach into the 10-foot drainage and utility easement at 1381 Summerlin Drive. The City has no utilities within the easement. Commissioner Clark moved to approve the request to vacate the west 2.5-feet of the 10-foot drainage and utility easement lying along the east side of Lot 473, Morningside Estates, Unit 6B, less the Northerly 5 feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6384-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6384-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #13 - Public Hearinq & First Readinq Ord. #6385-99 - Vacating 3' x 20' Utility Easement lying along easterly lot line of Lot 37, Ambleside First Addition (Polglaze, V99- 03)(PW) The owner wishes to install a pool along the westerly property line and encroach into the easement at 522 Richards Avenue. The City has no utilities within the easement. In response to a question, Jay Polglaze, owner, said the Development Code Adjustment Board had approved a variance to allow the pool in the setback area. Commissioner Johnson moved to approve the request to vacate the 3-foot by 20-fiit utility easement lying along the easterly lot line of Lot 37, Ambleside First Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6385-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6385-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #14 - Public Hearinq - South Greenwood Neighborhood Police Substation & Family Service Center - accept donation of and declare surplus real property located at NW corner of S. Greenwood Avenue & Woodlawn Street from Community Service Foundation; waive $13,108 in City demolition & lot clearing liens; approve 1 year lease to Community Service mcc0199 5 01/21/99 . Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build district parking lot & landscaping; and approve a 30 year lease with Foundation Village Neighborhood Family Center, Inc. (PLD) The Citizens of the South Greenwood Neighborhood have identified a police substation and family center as the community's most important needs. CSF (Community Service Foundation, Inc.), a local non-profit agency, was awarded a $244,527 Safe Neighborhood Grant to construct a police substation and pay police overtime and a $192,315 CDBG (Community Development Block Grant) to build a neighborhood family service center. CSF will donate real property at the northwest corner of South Greenwood Avenue and Woodlawn Street to the City. This property's $13,108 in demolition and lot clearing liens require a City waiver. Brownfield Stabilization Funds will pay the property's back property taxes of $6,806 and remove the underground gasoline tank, estimated to cost $23,000. Upon acceptance of real property, the City will lease the property to CSF for up to 1 year to facilitate construction of the 5,000 square foot structure to house a 1,400 square foot police substation and 3,600 square foot family center. The lease will terminate once the building is completed and transferred to the City. The City then will enter into a 30- year lease to the FVNF (Foundation Village Neighborhood Family) Center, a local non-profit agency, to operate a family service center. The Police Department and FVNF Center will provide facility and grounds maintenance. The City will build a paved parking lot for the building and install landscaping. . CSF Executive Director Jerry Spilatro presented a video regarding the neighborhood's efforts to reduce drug related crime. He reviewed the background of the property, indicating the project has received SWFWMD approval. City boards have approved a setback variance and conditional use. Groundbreaking is scheduled at 9:30 a.m. on February 15, 1999. Lawrence IIDukell Tieman said this project has taken more than 7 years. Deputy Chief Bill Baird recognized resident efforts and recommended approval. He reviewed arrests and other recent police efforts made possible by the safe neighborhood funding. Commissioner Clark moved to accept the donation from CSF and declare surplus real property at the northwest corner of S. Greenwood Avenue & Woodlawn Street, (Exhibit 1); waive $13,108 in City demolition & lot clearing liens; approve a 1 year lease to Community Service Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build a district parking lot & landscaping; and approve a 30- year lease with Foundation Village Neighborhood Family Center, Inc., to operate the family service center and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #15 - Public Hearing & Second Readinq Ord. #6348-99 - new Community Development Code (PLD) Planning Director Ralph Stone reviewed changes to the Community Development Code since First Reading and reported many changes were made to achieve consistency . mcc0199 6 01/21/99 . .. . with the PPC (Pinellas Planning Council). He indicated an amendment also is needed to add a definition of a flag lot. Charles Siemon, of Siemon, Larsen & Marsh, said some uses the Commission had directed to be added to the Tourist District beach had been omitted accidentally and need to be restored. He said towards completion on design work related to downtown and the beach, he may propose specific amendments to the Community Development Code. He said a strategy is needed while downtown is in transition and the new Community Development Code does not permit industrial uses there. The City Attorney said an amendment allows permit applications to be accepted during the 45 day transition period. All applications filed before today will be accepted under the old Land Development Code as long as the permits are issued within 6 months and construction begins within 6 months later. During the first six months of the new Community Development Code, redevelopment projects larger than 750,000 square feet can go by the old code. Mr. Siemon said this flexibility is recommended to encourage the objective of upgrading property standards. It was noted the motion to amend to address PPC concerns should be dated January 21, 1999. In response to a question, the City Manager said the City Commission will be provided a book with a clean copy of the Community Development Code before it goes into effect. The City Commission must appoint Community Development Code Board members during the 45 day transition period. Commissioner Seel moved to amend Ordinance #6348-99 by amending various sections of the new Community Development Code as outlined in the attached memorandum, with corrected date of January 21, 1999, from Michael Roberto, City Manager, to the City Commission (Exhibit #2). The motion was duly seconded and carried unanimously. Commissioner Clark moved to amend Ordinance #6375-99 to include a definition of a flag lot that reads, lJa lot whose access is provided to the bulk of the lot by means of a narrow corridor or panhandle, and which does not meet the normally required lot width." The motion was duly seconded and carried unanimously. Commissioner Hooper moved to amend Ordinance #6348-99 to add uses to the Tourist District to include indoor recreation/entertainment, medical clinic, non residential parking, and sidewalk vendors. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to amend Ordinance #6348-99 by adding a new Section 5, renumbering Sections 5 and 6, and adding language at the end of new Section 7 as stated on Exhibit #3." The motion was duly seconded and carried unanimously. The City Manager indicated the new code will be evaluated in six months. Nine citizens spoke expressing concern regarding various aspects of the new code. mcc0199 7 01/21/99 e . . In response to concerns, Mr. Siemon said building heights in high density residential are limited to 80 feet except for certain downtown properties fronting Clearwater Harbor. He said the code was designed to be user friendly. In response to a question, he said zero lot lines may be allowed to save trees if there is no impact on the next door neighbor. In response to concerns the City Manager reviewed the three levels of approval for development. He said the plan was designed to preserve the quality of residential neighborhoods. The code can enforce deed restrictions and increase landscaping requirements for commercial development. He said developing the new code has been a 2 year process involving 33 meetings with the public. The code provides the flexibility necessary for future redevelopment. It was indicated the new code is necessary to address declining neighborhoods and to set higher standards. Commissioner Clark moved to approve the New Community Development Code including amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6348-99 for second reading as amended and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6348-99 as amended 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. The meeting recessed from 8:47 to 9:07 p.m. ITEM #16 - Public Hearinq & First Readinq Ords. #6366-99 & #6367-99 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 902, 904 & 906 Grant St., First Addition to Norwood, Blk B, Lots 1-3 (James & Bonnie Jackson, Ester Hunt, & Saint John Missionary Baptist Church of Clearwater, Inc., LUP98-11, Z98-13)(PLD) The applicants, St. John Missionary Baptist Church of Clearwater and others, request a zoning change from Multiple Family Residential "Eight" (RM-8) to Public/Semi Public WISP) for properties on the east side of Pennsylvania Avenue, bordered by Marshall and Grant streets. The church intends to establish a multi-purpose building to include a child day care center. The proposed use in not a permitted nor conditional use in the current zoning district but would be a conditional use in the proposed district. The applicants also request a land use plan change to Institutional. The four dilapidated structures on-site will be razed. While the site is smaller than one acre, staff supports rezoning because of the intended use which will contribute positively to the area's redevelopment, help meet neighborhood child day care needs, and provide jobs. The Planning & Zoning Board unanimously endorsed this request. mcc0199 8 01/21/99 . . . Commissioner Johnson moved to approve a Zoning Atlas Amendment from Multiple Family Residential "Eight" (RM-8) to Public/Semi-Public (P/SP) and a Land use Plan Amendment from Residential Urban to Institutional for Lots 1, 2, & 3, block B, First Addition to Norwood. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6366-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6366-99 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 #6367-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6367-99 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 #17 - Variance(s) to Siqn Requlations for property (Winn Dixie) located in Northwood Plaza Shopping Center, 2514 McMullen Booth Road, Sec. 28-28-16, M&B 33.02 (John Hancock Life Insurance Co., SV98-24)(PLD) Conditions support denial of the requested variances for two additional attached wall signs and an additional 149. 75 square foot area for the Winn Dixie Store in Northwood Plaza. No special circumstances warrant approval. The applicant is not deprived of the use of the property by strict application of the code. Staff feels the requests are based on economic gain and would not be in harmony with the Comprehensive Plan and land development regulations. Buddy Clelland, Jr., representative, said while this request is for 299 square feet, based on the store's size and distance from the street, a 337 square foot sign is allowed. He distributed photographs of the property, noting McMullen-Booth Road drivers cannot see the store easily. In response to a question, he said the new Marketplace sign is 111 square feet, and indicated the store is being expanded to a 24-hour Marketplace with dry cleaning, a photo lab, food pavilion, etc. It was noted most signage in the shopping center has a unified look, cannot be seen by passing vehicles, and is effective only for center visitors. The City Manager advised against working out a compromise during the meeting as possible impacts on other area stores must be considered. He recommended the issue be continued to allow staff and the store time for further discussion and review. Commissioner See I moved to continue Item #17 to February 4, 1999. The motion was duly seconded and carried unanimously. mcc0199 9 01/21/99 e . . It was recommended the request be limited to three signs and the amount of signage be reduced. ITEM #18 - Public Hearinq & First Readinq Ord. #6368-99 - Readopting the Land Use Plan Amendment previously adopted by Ord. #6172-97, to Recreation/Open Space and Preservation for property located at 2950 Drew Street, Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07)(CA) DCA (Department of Community Affairs) returned Land use Plan Amendment 97-07/ Ordinance #6172-97 for re-adoption pursuant to Florida Statutes 163.3187(6)(E) and 163.3184(7). The ordinance was adopted during the pendency of the Evaluation and Appraisal Report. Commissioner Hooper moved to readopt Land Use Plan Amendment 97-07, previously adopted by Ordinance #6172-97. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6368-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6368-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. Public Hearinq - Second Readinq Ordinances ITEM #19 - Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay Channel by approximately 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1) The City Attorney presented Ordinance #6353-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6353-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #20 - Ord. #6354-99 - Annexation for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) The City Attorney presented Ordinance #6354-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6354-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: mcc0199 10 01/21/99 . . . "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #21 - Ord. #6355-99 - RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) The City Attorney presented Ordinance #6355-99 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6355-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #22 - Ord. #6359-99 - Vacating N 5' of 10' Drainage & Utility Easement lying along south side of Lot 6, Blk H, Northwood Estates - Tract F, less easterly 5' (Erickson, V98-07) The City Attorney presented Ordinance #6359-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6359-99 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 #23 - Ord. #6360-99 - Vacating 10' Utility Easement lying along south side of Lot 16, Forest Estates (Cooley, V98-08) The City Attorney presented Ordinance #6360-99 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6360-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #24 - Ord. #6371-99 - Submitting to the City Electors proposed non-substantive amendments to the City Charter The City Attorney presented Ordinance #6371-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6371-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. mcc0199 11 01/21/99 . . . ITEM #25 - Ord. #6372-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 1.01 to transfer certain language contained in subsection (d) to subsection (a) and to clarify subsection (b) to allow the City to exercise its powers, perform its functions, and participate in the financing thereof, with any person as defined by law The City Attorney presented Ordinance #6372-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6372-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #26 - Ord. #6373-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01 (d) regarding limitations on Commission power to eliminate charter restrictions on purchasing of goods and services; to increase amount of dredging permitted without referendum; to permit the sale, lease or donation of real property for less than appraised value; to limit leases of municipal property to 30 years; to eliminate the requirement of recapture and reverter clauses in leases; making certain non-substantive changes Commissioner Hooper moved to amend Ordinance #6373-99, Section 3, the first sentence of the second paragraph of Section 2.01 (d)(4)(vi) as follows: "No lease of municipal real property (including options to renew) shall exceed 30 years and Section 4 by adding language to the second and third referendum ballot questions to read: "Dredging- Shall Section 2.01 (d)(3) of the City Charter be amended as provided in Ordinance 6373-99 to increase the amount of dredging permitted without referendum from 4,000 cubic yards to 10,000 cubic yards?" and "Sale, Lease or Transfer of Real Property - Shall Section 2.01 (d)(4) of the City Charter be amended as provided in Ordinance 6373-99 to: permit the sale, lease, exchange or transfer of municipal real property for less than the appraised value, or allow said property to be donated without referendum; restrict a term of any lease of municipal real property to no more than 30 years; delete the requirement for recapture and reverter clauses in leases, and other nonsubstantive changes?" The motion was duly seconded and carried unanimously. One citizen spoke in opposition. The City Attorney presented Ordinance #6373-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6373-99 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. mcc0199 12 01/21/99 . Motion carried. ITEM #27 - Ord. #6374-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in addition to any partial term, and to provide that Commissioners shall be sworn in at the next Commission meeting following their election; and other non- substantive changes The City Attorney presented Ordinance #6374-99 for second reading and read it by title only. In response to a question, it was indicated if this amendment is approved, candidates elected on March 9, 1999, will be sworn in at the next City Commission meeting. Commissioner Clark moved to pass and adopt Ordinance #6374-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. Motion carried. . ITEM #28 - Ord. #6375-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.07{e) and (f) to eliminate the Charter restrictions on Advisory Boards; amending Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to address advertising under the control of the candidates Commissioner Seel moved to amend Section 6 of Ordinance #6375-99 by revising language to the first referendum ballot question re Advisory and Regulatory Boards: "Shall Section 2.07(e) and (f) of the City Charter be amended as provided in Ordinance 6375-99 to remove the charter limitations on advisory boards and provide that the commission may appoint such advisory boards as it deems appropriate and regulatory boards as established by law?" The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6375-99 for second reading as amended and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6375-99 as amended 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. . mcc0199 13 01/21/99 e e . ITEM #29 - Ord. #6376-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 7.02 to change the composition of the Charter Review Committee; to require that the charter amendments proposed by the committee be submitted directly to referendum Commissioner Clark moved to amend Section 1 of Ordinance #6376-99 by changing 1I0rll to IInorll in the last sentence of Section 7.02, to read as follows IINeither the amendments nor questions may be changed by the City Commission. The motion was duly seconded and carried unanimously. It was felt the City Commission should have the opportunity to make some changes to proposals made by the Charter Review Committee. It was stated the Charter Review Committee should remain a citizens' committee. The City Attorney presented Ordinance #6376-99 for second reading as amended and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6376-99 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hooper and See!. "Nays": Johnson, Clark and Garvey. Motion failed. ITEM #30 - Ord. #6377-99 - Submitting to the City Electors a proposed amendment to the City Charter repealing Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum for revenue bond projects in excess of one million dollars The City Attorney presented Ordinance #6377-99 for second reading and read it by title only. One citizen spoke in opposition. Commissioner Hooper moved to pass and adopt Ordinance #6377-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #31-44) - Approved as submitted less Items #31 & #37. mccO 1 99 14 01/21/99 . . . ITEM #31 - See paqe 16. ITEM #32 - Accept Quit Claim Deed for propertv located at 1108 N. Greenwood Ave., Greenwood Manor, N 32' of Lot 2 less road, Lot 4 less road, and E 65' of Lot 5, $11,397.66 (ED) ITEM #33 - Contracts to: Prototype Inc., "Fleet Anywhere" fleet management software system, $142,800; Com ark Government and Educational Sales, computer hardware, estimated $72,000; and Oracle Corp., database software, estimated $30,000 - for total estimated $244,800 (GS) ITEM #34 - Aqreement with Career Options of Pinellas, Inc., administer City's Summer Youth Employment Program, $150,000 (HM) ITEM #35 - Approve $26,715.91 donation in 1998 PILOT Funds, paid to the City by CHA (Clearwater Housing Authority), to CHIP (Clearwater Homeless Intervention Project, Inc.)(PD) ITEM #36 - Purchase of one Chevrolet Suburban vehicle, Garber Chevrolet-GEO, Inc., utilizing funds available in 1997/98 Local Law Enforcement Block Grant awarded by U.S. Dept. of Justice/Bureau of Justice Assistance, $28,669 (PD) ITEM #37 - See paqe 18. ITEM #38 - Approve recommendations. aqreement & release of funds in the amount $50,000 for Clearwater Marine Aquarium improvements (TR) ITEM #39 - Contract, in 3 counterparts, for 1,289 sq.ft. strip of r-o-w along west side of Madison Avenue, George W. Stone, Trustee, Sun Trust Bank Nature Coast, Trustee, & Sally Jo Forester, for $9,023 plus estimated closing expenses of $675, for total not to exceed $9,698 (PW) ITEM #40 - Sidewalk Contract 1998-99, Purvis Curbs Corp., $474,006.71 (PW) ITEM #41 - Contract for Jeffords Street Lift Station #7 (Drainage, Gravity Sewer, Force Main & Water Main Improvements), Steve's Excavating & Paving, Inc., $737,000 (PW) ITEM #42 - Receipt/Referral - Relatinq to Buildinq Permit Requlations; amending Ch. 47 by creating new Sec. 47.084 to require demolition fencing (PLD) ITEM #43 - Interlocal Aqreement with Town of Belleair for City to provide building construction inspection services at the cost of $25 per inspection, 10/1/98-9/30/99 (PLD) ITEM #44 - Authorize hirinQ Paul Meissner of Carlson, Meissner, Webb, Dodson & Hart, P.A. for consulting on matters involving Police Department and potential civil rights litigation (CA) mcc0199 15 01/21/99 . Commissioner Hooper moved to approve the Consent Agenda, less Items #31 and #37, as submitted, and authorize the appropriate officers to execute same. The motion was duly seconded and carried unanimously. ITEM #31 - Approval of Purchases per 12/31/98 memorandum: St. Petersburg Times, advertising services, 01/22/99-12/31/99, estimated $30,000 (PCM) Coastline Equipment Company, Inc., one 1999 Case 580 Super L, tractor/backhoe/loader (previously approved addition) to be used by PW/Wastewater Collection, $42,563.65; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Bill Currie Ford, three 1999 Ford F-250 pickup trucks (1 replacement & 2 previously approved additions) with Knaphide utility bodies for use by Building & Maintenance, $64,872; funding to be provided under City's Master Lease-Purchase Agreement ($21,624) & cash ($43,248)(GSS) Maroone Chevrolet, three 1999 Chevrolet S-10 pickup trucks (replacement), $53,073; funding to be provided under City's Master Lease-Purchase Agreement ($39,073) & cash ($14,000) (GSS) e Don Reid Ford, one 1999 Ford F-350 pickup trucks (replacement) with Knaphide utility bodies for use by PW/Water Distribution, $23,222; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Maroone Auto Plaza, two 1999 Chevrolet C3500 pickup trucks (replacement) for use by Parks Maintenance & Nursery, $42,466; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Kaiser Pontiac-Buick GMC, Inc., four 1999 GMC Sonoma compact pickup trucks for use by CGS Meter Readers, CGS Service & Repair & PW/Water, $48,017; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Don Reid Ford, one 1999 Ford Crown Victoria Police Pursuit Vehicle for use by Police Department, non-scheduled replacement for an accident destroyed vehicle, $24,465; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Oakhurst Construction, design, construction & installation of pre-manufactured metal building at E.C. Moore West Complex, $54,285.11 (QOL) Duval Ford, three 1999 Ford Taurus sedans (replacement) for use by Police/Criminal Investigation, $45,569; funding to be provided under City's Master Lease-Purchase Agreement (GSS) . mcc0199 16 01/21/99 . . . Garber Buick-Pontiac-GMC Truck-Chevrolet-Geo, three 1999 Chevrolet Monte Carlo investigative vehicles (replacement), estimated $46,482; funding to be provided under City's Master Lease-Purchase Agreement (GSS) M.T. Deason Company, gas materials (steel pipe & fittings), to be used throughout Gas System, 01/22/99-1/31/00, estimated $40,000 (GAS) Progressive Industrial, one 1999 Marina Work Boat, $66,000 (OOL) Rowland Inc., Northwood Area Traffic Calming Phase I, $38,073.64 (PW) Interprint Inc., See paqe 18. Com ark Government Sales, one HP Netserver LH3 PII Mod 1 PED, computer hardware server for use at MSB by IT personnel, $44,994 (GSS) RDP Company, replacement & overhaul parts for heating elements used at NE Residuals processing Facility of WPC, $66,266 (PW) Bell Chevrolet, one 1999 Chevrolet CC15703 V2 ton pickup (replacement) for use by Police/Office of Professional Standards, $16,038; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Teco, Inc., one 1999 Navistar 4700 truck (replacement) with aerial lift for use by PW/Urban Forestry, $83,157; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Gateway Chevrolet, two 1999 Chevrolet Lumina midsize sedans (replacement) for use by Police/Criminal Investigation, $29,624; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Miracle Recreation Equipment Company c/o Miller Recreation Equipment and Design, Inc., purchase & installation of playground equipment (replacement) to be used at Holt/Martin Luther King Playground, $30,660.41 (OOL) Swartz Associates, Inc., purchase & installation of playground equipment (replacement) to be used at Coachman Ridge Park, $28,562.84 (QOL) Approve funding in the amount $21,191 for one 1999 Dodge pickup truck through City's Master Lease-Purchase Agreement (This vehicle was purchased with an incorrect funding code, however, was on the replacement list for the current fiscal year. The new vehicle has been received from Hill-Kelly Dodge, Inc.)(GSS) Commissioner See I moved to approve Item #31, as submitted, and authorize the appropriate officers to execute same less the Interprint contract (16). The motion was duly seconded and carried unanimously. mcc0199 17 01/21/99 . . . Item #31 (16) Interprint Inc., Clearwater Maaazine for distribution to citizens of Clearwater, 01/22/99-10/31/99. estimated $89.689 (a printing contract was awarded to Pinellas Press on 11/19/98, however, contractor provided less than satisfactory magazine for 1 st issue; this award covers remaining three issues during fiscal year)(PCM) It was felt resolution with the original vendor is necessary before the City commits to another printer contract. The City Attorney said Pinellas Press had taken no action following notice of cancellation of the City's purchase order. The City's grounds for termination were articulated in the letter. Commissioner Clark moved to continue the award of the contract to Interprint, Inc. to a date uncertain until a resolution with the current vendor is assured. The motion was duly seconded and carried unanimously. ITEM #37 - Contracts to Hootie and the Blowfish ($100,000) & The Beach Bovs ($55,000) for concert performances on 03/26/99 & 03/28/99; approve estimated budget of $311,440; and authorize $311,440 from Vision Funds (PR) In conjunction with the March 1999 NCAA Final Four Men's Basketball Tournament at Tropicana Field, Time Warner Communications and the Clearwater/Dunedin Junior League wish to partner with the City for "Clearwater Celebrates Sounds Under the Stars" concerts in Coachman Park. Other related activities are planned City-wide. To cover City cash and in-kind service expenses, Clearwater will receive ticket receipts, sponsor funds, food & beverage sales, and exhibitor fees to reimburse allocated Vision Funds. The Junior League will provide volunteers to service the concerts, cover costs associated with beer and wine sales for the Hootie & the Blowfish concert, and retain sales proceeds to fund the organization's community service programs. Time Warner Communications' contribution of cash and all concert marketing efforts to include print, radio, and television is valued at more than $300,000. While promoting outdoor events exposes the City to an element of risk, staff feels budget projections can be met and sufficient revenues generated to cover all City costs and services. Net revenue to be split between the City and Junior League will not exceed the total amount of sponsorships the Junior League generates. Along with related activities, the concerts will provide visitors opportunities to experience Clearwater. Positive visitor experiences enhance efforts to promote Clearwater as a tourist and visitor destination and support the City's Vision. Opposition was voiced a previous suggestion to institute paid parking during these events will create ill will. The City Manager said paid parking was suggested to provide community groups an avenue to raise funds and encourage more citizen participation in community events. Valet parking was suggested. One citizen spoke in opposition. Two citizens spoke in support. mcc0199 18 01/21/99 . . . The City Clerk indicated The Beach Boys contract had been reviewed and approved by the Legal Department. While the budget remains $311,440, the $5,000 cost of air fare is now included in The Beach Boys contract, increasing the contract amount to $60,000. Commissioner Johnson moved to award contracts to Hootie and the Blowfish ($100,000) and The Beach Boys ($60,000) for concert performances on March 26, 1999, and March 28, 1999; approve an estimated budget of $311,440; and authorize expenditures not to exceed $311,440 from Vision Funds, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #45 - Clearwater Block Partv Dav - set date & name chanqe In August 1998, the City Commission endorsed the Clearwater Block Party Program and recommended setting a date in Spring 1999. Staff wishes to schedule the date and commence marketing activities. The program will encourage City neighborhoods to hold a neighborhood celebration on one day from 11 :00 a.m. to 7:00 p.m. Commissioners and staff will visit parties in progress. The City will offer neighborhoods a starter kit, planning materials, and decorations. Staff recommends naming the program "Celebrate Clearwater Neighborhoods Day" and scheduling it for April 10, 1999, when it can be tied into the Fun N' Sun Festival. Commissioner Johnson moved to name the block party program "Celebrate Clearwater Neighborhoods Day" and schedule it for April 10, 1999. The motion was duly seconded and carried unanimously. It was recommended neighborhoods wishing to participate contact the City. ITEM #46 - Res. #99-02 - Establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing; authorizing a Public Hearing; providing certain other matters in connection therewith (Bond Reimbursement for Housing Revenue Bonds - Oaks of Clearwater)(FN) BEF, Inc., an exempt organization, is acquiring from mortgage holder, Beal Bank, the Oaks of Clearwater buildings, Oak Cove and Oak Bluff. BEF plans to renovate Oak Cove with three levels of senior care and then relocate all Oak Bluff tenants to Oak Cove. Oak Bluff then will be renovated and expanded for market rate housing. After renovations, Oak Bluff will become subject to ad valorem taxes while Oak Cove will remain exempt from such taxes. The City has been requested to issue a series of tax exempt and taxable bonds to finance the acquisition and rehabilitation of both buildings. It is anticipated the City will be a conduit issuer of bonds for BEF in early 1999 to finance a portion of this project. The City's participation will enable a portion of the bonds to be tax exempt. mcc0199 19 01/21/99 . . . The City's Bond Counsel, Financial Advisor, and Disclosure Counsel are reviewing the bonds and project to determine the legality and feasibility of the proposal. BEF will pay all expenses and costs associated with this project and the City will not incur any expense or liability by issuing these bonds. The Deputy City Manager will hold a public hearing related to the issuance of these bonds in accordance with IRS Code. This resolution will allow the reimbursement of any expenses the City incurs prior to the issuance of Bonds. Commissioner Seel moved to establish the intent to reimburse certain project costs incurred related to the "Oaks of Clearwater" buildings with proceeds of future tax-exempt financing, authorizing a public hearing, and providing for certain other matters in connection therewith, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-02 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-02 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #47 - First Readinq Ord. #6370-99 - Authorizing issuance of not to exceed $35 million Housing Revenue Bonds (BEF, Inc. Project) in one or more series to be applied to pay a portion of the cost of the acquisition and rehabilitation of the Oak Cove and Bluff Cove buildings; providing for payment of the bonds from the revenues of the project financed therewith and certain other legally available funds; authorizing approval of the form of the financing documents by resolution; making other covenants and agreements in connection therewith (FN) Also see Item #46. This ordinance provides the necessary ordinance authorization required by the City's Charter to issue industrial development revenue bonds. BEF will pay all expenses and costs associated with this project. At the time of second reading, a sale resolution detailing the specifics of the sale, will be brought forward for City Commission adoption. Commissioner Hooper moved to approve the issuance of not to exceed $35-million Housing Revenue Bonds (BEF, Inc. Project) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6370-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6370-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. mcc0199 20 01/21/99 . ITEM #48 - Res. #99-12 - Establishing the intent to reimburse certain Infrastructure Sales Tax Revenue project costs incurred with proceeds of future tax-exempt financing (FN) The Penny for Pinellas project list identifies several projects which staff anticipates will be funded through the issuance of bonds. The City plans to issue bonds in 1999 to finance the "Gateway to the Beach" project. The City will incur project expenses prior to the bonds' issuance. This reimbursement resolution will allow Bond proceeds to reimburse the City. Commissioner Hooper moved to establish the intent to reimburse certain infrastructure sales tax revenue project costs incurred with proceeds of future tax-exempt financing and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-12 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-1 2 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. . ITEM #49 - Contract for Clearwater Airpark installation of Runway & Taxiway Lighting System, H.L. Pruitt, Inc., $185,645.90 (PW) The City approved a JPA (Joint Project Agreement) with FDOT (Florida Department of Transportation) to construct Medium Intensity Runway Lights and Low Intensity Taxiway Lights at the Airpark. The JPA authorized the lighting system on a 50/50 cost sharing basis. The City pays the upfront cost of the project and is reimbursed by FDOT upon completion of construction. The project budget was estimated to be $100,000. FDOT has approved the project and is amending the existing JPA to include additional FDOT funding for a true 50/50 split of the $185,645.90 construction costs. This project includes the design and installation of fixed medium intensity runway lights and fixed low intensity taxiway lights and the installation of a radio controlled switch capable of activating the lighting system by a standard VHF aircraft transmitter. This airport lighting system will encourage more business aircraft to use the airpark and will provide safer air operations during inclement weather and when seasonal daylight is minimal. Installation of the lighting system is part of the airpark's 5-year plan. Public Works Administrator Rich Baier said the upgrades will improve airpark safety. Harbormaster Bill Morris said remote activation of the lighting system can be overridden at night. The airpark opens at 7:00 a.m. with no landings permitted after 9:00 p.m. and no takeoffs allowed after one hour after sunset. In response to discussion, FBO (Fixed Base Operator) Rick Emshoff said touch and go landings are not permitted. He said the lights . mcc0199 21 01/21/99 . . . will not increase traffic nor will night operations increase. Mr. Morris said the lights are proposed to enhance safety, not to increase the hours of operation. Concern was expressed regarding safety issues should the remote light activation be overridden at night. It was felt if related abuses occur, that issue could be revisited. Four residents spoke in opposition. One resident spoke in support. Commissioner Johnson moved to award a contract for the Clearwater Airpark Installation of Runway and Taxiway Lighting System to H.L. Pruitt, Inc., of Winter Springs, Florida for the sum of $185,645.90 which is the lowest most responsive bid received in accordance with plans and specifications and that the appropriate officials be authorized to execute same. The motion was duly seconded. It was noted the City does not intend to permit night flying, however, remote activation of the lighting system will not be disabled but will be monitored for abuse. Upon the vote being taken, the motion carried unanimously. ITEM #50 - Beautification Committee - 2 appointments (CLK) AND ITEM #51 - Parks and Recreation Board - 1 appointment (CLK) It was felt more citizen volunteers are needed. Commissioner Johnson moved to continue Items #50 and #51 to February 4, 1999. The motion was duly seconded and carried unanimously. ITEM #52 - Other Pendinq Matters - None. CITY ATTORNEY REPORTS ITEM #53 - Res. #99-03 - Supporting Pinellas Suncoast Transit Authority's efforts to obtain a permanent stop at Tyrone Square Mall It was noted "required" in the second Whereas clause has been changed to "essential." The City Attorney presented Resolution #99-03 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #99-03 as amended and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. mcc0199 22 01/21/99 . . . "Nays": None. ITEM #54 - Res. #99-04 - Assessing property owners the costs of having mowed or cleared owners' lots The City Attorney presented Resolution #99-04 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-04 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #55 - Other Citv Attornev Items - None. ITEM #56 - Citv Manaqer Verbal Reports - None. ITEM #57 - Other Commission Action Commissioners Clark, Hooper, Johnson, and Mavor Garvev congratulated Commissioner Seel on her appointment to the County Commission. They wished her well and thanked her for her many contributions to the City. Commissioner Hooper said the Martin Luther King Day celebration had included a full day of activities and a well attended march. Commissioner Hooper said pending legislation related to Police/Fire pensions will have no cost effect on Florida cities. Commissioner Johnson was pleased a toll will not be charged on the connection between the Courtney Campbell Causeway and Interstate 275 in Tampa. Commissioner Johnson congratulated Lt. Tom Allegretti who was named Firefighter of the Year Mavor Garvev invited the public to Saturday's Farmers Market at Station Square Park. Commissioner Seel stated this is her last meeting as a City Commissioner. She spoke of her love for Clearwater and desire to make a difference. She reviewed highlights of her tenure including Commission ambassador visits, neighborhood visioning, grants for non-profits related to special events, downtown concerts, accountability, improved customer service, no increase in ad valorum taxes, economic development, and the vision which set the tone for 1I0ne City. One Future. II She thanked her family, the Commission and staff. mcc0199 23 01/21/99 . . . ITEM #58 - Adiournment ATTEST: mcc0199 The meeting adjourned at 11 :00 p.m. r It - .~ Ai . \'-'\~- t._~; l J <> - YJ2. :.-..City Clerk ---. 24 01/21/99 . . . ~c.~ I,al.cr/ EXHIBIT #1 PARCEL 1: Lot 2, FOUNDATION OAKS, according to the plat thereof, recorded in Plat Book 118, Page 85 of the Public Records of Pinellas County, Florida. PARCEL 2: The South 100 feet of the East 100 feet of the following described tract of land: From the Southeast corner of the NW 14 of the SW ~ of Section 22, Township 29 South, Range 15 East, Pinellas County, Florida; run thence N. 00022'56" West, along the East boundary thereof 30.00 feet; thence North 89011'46" West, 30.00 feet to the Point of Beginning. Also being the North right-of-way line of Woodlawn Street and the West right-of-way line of Greenwood Avenue; thence continue North 89011'46" West, 208.71 feet along said North right-of-way line of Woodlawn Street; thence North 00022'56" West, 208.71 feet; thence South 89011'46" East, 208.71 feet to the West right-of-way line of said Greenwood Avenue; thence South 00022'56" East, 208.71 feet along said West right-of-way line to the Point of Beginning. . e . ... ~ c.c..~ \ .;11.'11 Ex~ ,6 i-\- ;{/ @> January~, 1999 MEMO TO: Mayor and City Commission Members FR: Michael Roberto, City Manager RE: Proposed Amendments to the New Community Development Code Since the first reading on the new code, staff and the consultants have continued to meet with residents and business interests and to address the consistency requirements of the Pinellas Planning Council. The following amendments are being proposed to address the Pinellas Planning Council consistency issues and other items as listed in the following. ADDENDA to First Reading Ordinance of the City of Clearwater Community Development Code ARTICLE 1 GENERAL PROVISIONS Section 1-103 General Purposes B. Add the words "City of' to the following sentence: " It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater b " y..... Add Section 1-108 Countywide Consistency Applications for development approval shall be consistent with the provisions of this Community Development Code and the Countywide Future Land Use Plan as required by State law. Development potential is based on the applicable zoning district and as permitted by the Countywide Future Land Use Plan Designation. In cases where there is a difference between the density permitted fu the zoning district and that which is permitted by the land use classification. the more restrictive shall prevail. In addition. uses of land shall be consistent with uses permitted in the assigned zoning district as well as the uses permitted by the Countywide Future Land Use Plan Designation. ARTICLE 2 ZONING DISTRICTS Add Section 2-101.1 Maximum Development Potential The Low Density Residential District (LDR) may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the 1 Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the LDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future La~d Use Designations that apply to the LOR District are as follows: . . Countywide Future Land Use Desi nation Residential Estate Residential Suburban Residential Low Add Section 2-201.1 Maximum Development Potential Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .30 IISR .60 FAR .30 I ISR .60 FAR.40 IISR .65 The Low Medium Density Residential District (LMDR) may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the LMDR District shall be determined by the standards found in this Code as well as the Cou~de Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: . Countywide Future Land Use Desi nation Residential Urban Maximum DweUine Units Per Acre of Land 7.5 dwellin units er acre Add Section 2-301.1 Maximum Development Potential Max. Floor Area Ratio I 1m ervious Surface Ratio FAR.40 I ISR .65 The Medium Density Residential District (MDR) may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the MDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MDR District are as follows: Countywide Future Land Use Desi nation Residential Urban Residential Low Medium Residential Medium . acre r acre racre 2 Max. Floor Area Ratio I 1m ervious Surface Ratio FAR.40 I ISR .65 FAR .50 I ISR .75 FAR. 50 nSR .75 . Section 2-303. Flexible Standard Development Medium Density Residential District Add to Maximum Height 30-"40" Delete Flexibility Criteria 1-8 for Attached Dwellings and Replace with: "1. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or impr~ved d~sign and appearance: b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel which is designated as low density residential in the Zoning Atlas: 3. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four (4) feet in height" . Section 2-304 Flexible Develooment Medium Density Residential Develooment Add to Maximum Height 30."50" Delete Flexibility Criteria 1-8 for Attached Dwellings and replace with: "1. Height: a. The increased height results in an. improved site plan. landscaping areas in excess of the minimum required andJorimproved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcd of land which is designated as low density residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas. 3. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four (4) feet in height." . 3 e Add Section 2-401.1 Maximum Development Potential The Medium High Density Residential District (MHDR) may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the MHDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Land Use Desi nation Residential Hi h Maximum Dwellios! Units Per Acre of Land 30 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .60 IISR .85 Section 2-403 Add to Maximum Height 30-"40" Add Section 2-501.1 Maximum Development Potential . The High Density Residential District (HDR) may be located in more than one land use category. It is the intent of the IIDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IIDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the HDR District are as follows: Maximum Dwelline Units Per Acre of Land 30 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .60 IISR .85 Add Section 2-601.1 Maximum Development Potential The Mobile Home Park District (MHP) may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the MHP District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: . Countywide Future Land Use Desi nation Residential Low Medium Maximum Dwelline Units Per Acre of Land 10 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .50 IISR .75 4 . Add Section 2-701.1 Maximum Development Potential The Commercial District (C) may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the C District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Use Desi ation Commercial Nei hborhood Commercial Limited Commercial General Residential/OfficelRetail MaL Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .80 FAR .45 I ISR .85 FAR .55 I ISR .95 FAR.40 I ISR .85 Overni2ht Accommodations Units Per Acre N/A 30 units 40 units 30 units Add Section 2-801.1 Maximum Development Potential . The Tourist District (T) may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for. the Countywide Future Land Use Designations that apply to the.T Di~trict are as follows: Countywide Future Land Use Desi ation Resort Facilities Hi h MaL Floor Area Ratio I 1m nioos Surface Ratio FAR .30 IISR .95 Overni2bt Accommodations Units Per Acre 40 units r acre Add Section 2-901.1 Maximum Development Potential . It is the intent of the D District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the D District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the D District that have a Future Land Use of Central Business District (CBD). maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. . 5 . . . '. Add Section 2-1001.1 Maximum Development Potential The Office District (0) may be located in more than one land use category. It is the intent of the 0 District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the 0 District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the 0 District are as follows: Countywide Future Land Use Desi ation ResidentiaVOffice Limited ResidentiaVOffice General ResidentiaVOffice/Retail Ovemi2ht Accommodations Units Per Acre N/A N/A 30 units r acre Max. Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .75 FAR .50 I ISR .75 FAR.40 I ISR .85 Add Section 2-1101.1 Maximum Development Potential The Mixed use District (MU) may be located in more than one land use category. It is the intent of the MU District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel ofland within the MU District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MU District are as follows: Countywide Future Land Use Desi ation ResidentiaVOffice Limited ResidentiaVOffice General ResidentiaVOffice/Retail Resort Facilities Hi Overni2bt Accommodations Units Per Acre N/A N/A 30 units 50 units Max. Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .75 FAR.50 IISR .75 .. FAR.40 I ISR .85 FAR 1.2 nSR .94 r acre r acre r acre r acre. . Add Section 2-1201.1 Maximum Development Potential The Institutional District (I) may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the I District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: Coun ide Future Land Maximum Dwellin Units Max. Floor Area Ratio I 6 . Use Desi nation Institutional Trans ortation 1 Utilit 1m ervioull Surface Ratio er acre FAR .65 1 ISR .86 FAR .701 ISR .90 Add Section 2-1301.1 Maximum Development Potential The Industrial. Research. and Technology District (IR T) may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IRT District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the IR T District are as follows: Countywide Future Land Use Desi nation Industrial Limited Industrial General Maximum Dwellin2 Units Per Acre of Land N/A N/A Max. Floor Area Ratio 1 1m ervioull Surface Ratio FAR .651 ISR .85 FAR .751ISR .95 . Add Section 2-1401.1 Maximum Developme~t Potential The Open SpacelRecreation District (OSR) may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the OSR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Maximum DweUin2 Units Per Acre of Land N/A Max. Floor Area Ratio 1 1m ervious Surface Ratiu FAR .25 /ISR . 60 Add Section 2-1501.1 Maximum Development Potential . The Preservation District 0>) may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel ofland within the P District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: 7 . . . '. Countywide Future Land Use Desi~nation Preservation Maximum Dwelline: Units Per Acre of Land N/A Max. Floor Area Ratio / Imoervious Surface Ratio FAR.1O /ISR. 20 ARTICLE 3 DEVELOPMENT STANDARDS Section 3-805 B. Fences and Walls Add the following sentence to the paragraph: "However. fences and walls in the front setback area of the LDR and LMDR districts area limited to thirty-six (36) inches in height." Section 3-901 GeneraVTechnical Codes Delete B. and Add the following: "City of Clearwater Subdivision Design Standards and Stormwater Drainage Criteria Manual." Section 3-1202 D. 2. Interior Landscaping Amend the last line in the paragraph to add the word "required" as follows: ".. ..square feet of required landscaping." Then add a new sentence to the paragraph" as follows: "No more than fifty (50) percent of the area shall contain shrubs with the remainder to be ground cover." Section 3-1302 Site Lighting Delete "D. Beachfront Property. The light source from outdoor lighting located on beachfront property shall not be visible from the water." Add "D. Sea Turtle Nesting Areas. To the extent possible. no light within three hundred feet shall be visible or extend to areas identified as Sea Turtle Nesting Areas during the nesting season of May I to October 31. Those areas were security and public safety require lighting. alternative light management approaches shal1 be. applied. The Florida Marine Research Report Institute Technical Report-"Understanding. Assessing. and Resolving Light-Pollution Problems on Sea Turtle Nesting Beaches" shall be used a guide to provide the most thorough solution practical." Section 3-1805 C. Signs Permitted Without Development Review" Add the following sentence to the end of the paragraph: "....Other special event and/or public purpose signs of a temporary nature may be approved on a case by case basis. The type of sign. size. design and length of display will be detennined by the Community Development Coordinator." 8 . '. . . . ARTICLE 4 DEVELOPMENT REVIEW AND OTHER PROCEDURES Section 4-1403 Transfer of Development Rights C. Delete C (2) and replace with: "No building which exceeds one hundred (100) feet in height shall be located within one hundred (100) feet of any other building which exceeds one hundred (100) feet in height. No more than two (2) buildings which exceed one hundred (100) feet in height shall be located within five hundred (500) feet of any building which exceeds one hundred (I 00) feet in height. " D. Add to the end of the sentence ".... . except that density averaging is permitted within residential use categories depicted on the Future Land Use Plan. The entire area under consideration must be considered as one proiect and the total dwelling unit count shall not exceed what is otherwise allowed under the Future Land Use Plan for the total area under consideration." H. Add to the end of the sentence " . . . . and Pinellas Planning Council. " ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION Section 8-102 Definitions Add the following sentence to the definition of Assisted Living Facility ... "For the purpose of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." Delete the definition of Caliper and Add the following definition "Caliper means the measurement of young or nursery trees and is measured at a height six (6) inches above the ground or soil level. " Add the following definition: " Diameter Breast Height (DBH) is a measurement of mature trees and is measured at a height four (4) feet above the ground or soil level." Add the following definition: "Coastal High Hazard Areas (also high-hazard coastal areas) means areas designated by local governments pursuant to Paragraph 163.178 (2) (h). Florida Statutes. and includes areas which have historically experienced destruction or severe damage. or are scientifically predicted to experience destruction or severe damage from stonn surges. waves. erosion. or other manifestations of rapidly moving or storm driven water." Add the following sentence to the definition of Congregate Care... "For the purpose of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." 9 . Add the following definition: "Floor Area Ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross floor area. " Add the following definition: "Impervious Surface Ratio (ISR) means a measurement of intensity of hard surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area." Add the following sentence to the definition of Nursing Home... ."For the purposes of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." . . 10 . . . C.ClY\~ \..a\..99 HIS V~ E:)(~.; b;+ 3 MOTION TO AMEND ORDINANCE 6348-99 ON SECOND READING 1. Add new Section 5 to read as follows: Section 5. For 45 days followina adoption of this ordinance no application for rezonina. conditional use or variance shall be accepted. Development approval may be processed under the existing regulations if no variance. conditional use or rezonina is reauired. Where a complete application for development approval is pendina on the adoption of this Development Code. the provisions of the regulations in effect when the application was filed shall govern the review and approval of the application for development approval. provided that: 1. The application is approved within six (6) months of the date of adoption of this Development Code: and 2. Construction beains within six (6) months of the issuance of such approval and is diliaently pursued to completion. In the event within 6 months after the adoption of this Development Code. an approved use of 750.000 sa. ft. or more. existing on the date of the adoption of this Development Code. submits an application for development approval. for a substantial redevelopment of the existina use. and application of this Development Code to the proposed redevelopment would be more restrictive than the Land Development Code in existence immediately prior to adoption of this Development Code (the "Old Code"). then the applicant shall comply with the Development Code to the extent compliance does not render the proposed redevelopment commercially or economically unfeasible. in which event. and to such extent. the proposed redevelopment shall comply with the Old Code. 2. Renumber Sections 5 and 6 to Sections 6 and 7. 3. Add the following language at the end of new Section 7: The provisions of this ordinance shall take effect forty-five days after passage except Section 5 which shall take effect upon adoption. Pamela K. Akin City Attorney 1-21-99 . ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, January 21, 1999 - 6:00 P.M. - Commission Chambers . Invocation - Skycrest Baptist Church Minister. Pledge of Allegiance - Mayor. Service Awards - None. Introductions and Awards a) Proclamation: Junior League of Clearwater/Dunedin - 50th Anniversary - December 1998. Presentations a) Turkey Trot Awards - Iron Turkey to Public Works Administration; Stuffed Turkey to Human Resources Department. b) Beach Entryway Roundabout Progress Report - Given. Approval of Minutes - Regular Meeting 1211 0/98 - Approved as submitted. Citizens to be heard re items not on the Agenda 1 . 2. 3. 4. 5. 6. 7. Rov Cadwell welcomed the new year, congratulated Commissioner Seel re Governor appointing her to County Commission, and objected to utility charges while he lived elsewhere. Anne Garris reviewed the history of the Memorial Civic Center, noted the effects of its loss, and encouraged its timely replacement. Carl Waqenfohr submitted an article re roundabouts and said they should not be elliptically shaped. Rick Barber requested a list of guidelines re permitted signage. .1/21/99 PUBLIC HEARINGS Not Before 6:00 P.M. 8. Public Hearing & First Reading Ords. #6362- 99 & #6363-99 - Annexation & RS-8 Zoning for property located at 1220 Stockton Dr., Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-30) (PLD) 9. Public Hearing & First Reading Ords. #6364- 99 & #6365-99 - Annexation & RS-6 Zoning for property located at 2185 Burnice Dr., Glen Ellyn Estates, Lot 32 (David & Margaret Clark and David & Daria Warner, A98- 31 )(PLD) 10. (Cont. from 12/10/98) Public Hearing & First Reading Ord. #6361-99 - Vacating E % r-o-w of N. Prospect Ave., lying north of Laura Street and City's request to vacate W % r-o- w of N. Prospect Ave., lying north of Laura Street, subject to retaining a 10' drainage & utility easement (Theta Homes, V98-09)(PW) 8. Approved. Ords. #6362-99 & #6363-99 passed 1 st reading. 9. Approved. Ords. #6364-99 & #6365-99 passed 1 st reading. 10. Approved. Ord. #6361-99 passed 1 st reading. .11. Public Hearing & First Reading Ord. #6383- 99 - Vacating 5' Utility Easement lying along rear of Lots 1-13, Blk E, Hibiscus Gardens (Cleveland Plaza, Ltd., V99-01 )(PW) 12. Public Hearing & First Reading Ord. #6384- 99 - Vacating W 2.5' of 10' Drainage & Utility Easement lying along E side of Lot 473, Morningside Estates, Unit 6B, less northerly 5' (Dunham, V99-02)(PW) 13. Public Hearing & First Reading Ord. #6385- 99 - Vacating 3' x 20' Utility Easement lying along easterly lot line of Lot 37, Ambleside First Addition (Polglaze, V99-03)(PW) 14. Public Hearing - South Greenwood Neighborhood Police Substation & Family Service Center - accept donation of and declare surplus real property located at NW corner of S. Greenwood Avenue & Woodlawn Street from Community Service Foundation; waive $13,108 in city demolition & lot clearing liens; approve 1 year lease to Community Service Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build district . parking lot & landscaping; and approve a 30 year lease with Foundation Village Neighborhood Family Center, Inc. (PLD) 15. Public Hearing & Second Readinq Ord. #6348-99 - new Community Development Code (PLDl 16. Public Hearing & First Reading Ords. #6366- 99 & #6367-99 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 902, 904 & 906 Grant St., First Addition to Norwood, Blk B, Lots 1-3 (James & Bonnie Jackson, Ester Hunt, & Saint John Missionary Baptist Church of Clearwater, Inc., LUP98-11, Z98-13)(PLD) 17. Variance(s) to Sign Regulations for property (Winn Dixie) located in Northwood Plaza Shopping Center, 2514 McMullen Booth Road, Sec. 28-28-16, M&B 33.02 (John Hancock Life Insurance Co., SV98-24)(PLD) 18. Public Hearing & First Reading Ord. #6368- 99 - Readopting the Land Use Plan Amendment previously adopted by Ord. #6172-97, to Recreation/Open Space and .1/21/99 11. Approved. Ord. #6383-99 passed 1 st reading. 12. Approved. Ord. #6384-99 passed 1 st reading. 13. Approved. Ord. #6385-99 passed 1 st reading. 14. Donation accepted; property declared surplus; liens waived; CSF lease approved; funding for parking lot and landscaping authorized; and Foundation Village lease approved. 15. Ord. #6348-99 adopted as amended. 16. Approved. Ords. #6366-99 & 6367-99 passed 1 st reading. 17. Continued to 02/04/99. 18. Approved. Ord. #6368-99 passed 1 st reading. 2 . Preservation for property located at 2950 Drew Street, Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07)(CA) Public Hearing - Second Reading Ordinances 19. Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay Channel by approx. 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1) 20. Ord. #6354-99 - Annexation for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) 21. Ord. #6355-99 - RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) 22. Ord. #6359-99 - Vacating N 5' of 10' Drainage & Utility Easement lying along south side of Lot 6, Blk H, Northwood Estates - . Tract F, less easterly 5' (Erickson, V98-07) ~ 23. Ord. #6360-99 - Vacating 10' Utility Easement lying along south side of Lot 16, Forest Estates (Cooley, V98-08) 24. Ord. #6371-99 - Submitting to the City Electors proposed non-substantive amendments to the City Charter 25. Ord. #6372-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 1.01 to transfer certain language contained in subsection (d) to subsection (a) and to clarify subsection (b) to allow the City to exercise its powers, perform its functions, and participate in the financing thereof, with any person as defined by law 26. Ord. #6373-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01 (d) regarding limitations on Commission power to eliminate charter restrictions on purchasing of goods and services; to increase amount of dredging permitted without referendum; to permit the .1/21/99 19. Ord. #6353-99 adopted. 20. Ord. #6354-99 adopted. 21. Ord. #6355-99 adopted. 22. Ord. #6359-99 adopted. 23. Ord. #6360-99 adopted. 24. Ord. #6371-99 adopted. 25. Ord. #6372-99 adopted. 26. Ord. #6373-99 adopted as amended. 3 sale, lease or donation of real property for less than appraised value; to limit leases of municipal property to 30 years; to eliminate the requirement of recapture and reverter clauses in leases; making certain non- substantive changes 27. Ord. #6374-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in addition to any partial term, and to provide that Commissioners shall be sworn in at the next Commission meeting following their election; and other non-substantive changes 28. Ord. #6375-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.07(e) and (f) to eliminate the Charter restrictions on Advisory Boards; amending Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to address advertising under the control of the candidates 29. Ord. #6376-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 7.02 to change the composition of the Charter Review Committee; to require that the charter amendments proposed by the committee be submitted directly to referendum 30. Ord. #6377-99 - Submitting to the City Electors a proposed amendment to the City Charter repealing Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum for revenue bond projects in excess of one million dollars . . .1/21/99 27. Ord. #6374-99 adopted. 28. Ord. #6375-99 adopted as amended. 29. Ord. #6376-99 denied. 30. Ord. #6377-99 adopted. 4 . . .1/21/99 CITY MANAGER REPORTS CONSENT AGENDA (Items #31-44) - Approved as submitted less Items #31 (lnterprint, Inc.) & #37. 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. 31. Approval of Purchases per 12/31/98 memorandum: Approved except Interprint Inc. purchase St. Petersburg Times, advertising services, 1/22/99-12/31/99, est. $30,000 (PCM) Coastline Equipment Company, Inc., one 1999 Case 580 Super L, tractor/backhoe/loader (previously approved addition) to be used by PW/Wastewater Collection, $42,563.65; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Bill Currie Ford, three 1999 Ford F-250 pickup trucks (1 replacement & 2 previously approved additions) with Knaphide utility bodies for use by Building & Maintenance, $64,872; funding to be provided under City's Master Lease-Purchase Agreement ($21,624) & cash ($43,248)(GSS) Maroone Chevrolet, three 1999 Chevrolet S-10 pickup trucks (replacement), $53,073; funding to be provided under City's Master Lease-Purchase Agreement ($39,073) & cash ($14,000) (GSS) Don Reid Ford, one 1999 Ford F-350 pickup trucks (replacement) with Knaphide utility bodies for use by PW/Water Distribution, $23,222; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Maroon8 Auto Plaza, two 1999 Chevrolet C3500 pickup trucks (replacement) for use by Parks Maintenance & Nursery, $42,466; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Kaiser Pontiac-Buick GMC, Inc., four 1999 GMC Sonoma compact pickup trucks for use by CGS Meter Readers, CGS Service & Repair & PW/Water, $48,017; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Don Reid Ford, one 1999 Ford Crown Victoria Police Pursuit Vehicle for use by Police Department, non-scheduled replacement for an accident destroyed vehicle, $24,465; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Oakhurst Construction, design, construction & installation of pre-manufactured metal building at E.C. Moore West Complex, $54,285.11 (OOL) Duval Ford, three 1999 Ford Taurus sedans (replacement) for use by Police/Criminal Investigation, $45,569; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Garber Buick-Pontiac-GMC Truck-Chevrolet-Geo, three 1999 Chevrolet Monte Carlo investigative vehicles (replacement), est. $46,482; funding to be provided under City's Master Lease-Purchase Agreement (GSS) M.T. Deason Company, gas materials (steel pipe & fittings), to be used throughout Gas System, 1/22/99-1/31/2000, est. $40,000 (GAS) Progressive Industrial, one 1999 Marina Work Boat, $66,000 (OOL) Rowland Inc., Northwood Area Traffic Calming Phase I, $38,073.64 (PW) 5 e- Interprint Inc., Clearwater Magazine for distribution to citizens of Clearwater, 1/22/99-10/31/99, est. $89,689 (a printing contract was awarded to Pinellas Press on 11/19/98 however contractor provided less than satisfactory magazine for 1 st issue; this award covers remaining three issues during fiscal year)(PCM) - CONTINUED TO DATE UNCERTAIN. Com ark Government Sales, one HP Netserver LH3 PII Mod 1 PED, computer hardware server for use at MSB by IT personnel, $44,994 (GSS) RDP Company, replacement & overhaul parts for heating elements used at NE Residuals processing Facility of WPC, $66,266 (PW) Bell Chevrolet, one 1999 Chevrolet CC15703 V2 ton pickup (replacement) for use by Police/Office of Professional Standards, $16,038; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Teeo, Inc., one 1999 Navistar 4700 truck (replacement) with aerial lift for use by PW/Urban Forestry, $83,157; funding to be provided under City's Master Lease-Purchase Agreement (GSS) . Gateway Chevrolet, two 1999 Chevrolet Lumina midsize sedans (replacement) for use by Police/Criminal Investigation, $29,624; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Miracle Recreation Equipment Company c/o Miller Recreation Equipment and Design, Inc., purchase & installation of playground equipment (replacement) to be used at Holt/Martin Luther King Playground, $30,660.41 (QOL) Swartz Associates, Inc., purchase & installation of playground equipment (replacement) to be used at Coachman Ridge Park, $28,562.84 (QOL) Approve funding in the amount $ 21, 191 for one 1999 Dodge pickup truck through City's Master Lease-Purchase Agreement (This vehicle was purchased with an incorrect funding code, . however, was on the replacement list for the current fiscal year. The new vehicle has been received from Hill-Kelly Dodge, Inc.)(GSS) 32. Accept Quit Claim Deed for property located at 1108 N. Greenwood Ave., Greenwood Manor, N 32' of Lot 2 less road, Lot 4 less road, and E 65' of Lot 5, $11,397.66 (ED) 33. Contracts to: Prototype Inc., "Fleet Anywhere" fleet management software system, $142,800; Comark Government and Educational Sales, computer hardware, $est. $72,000; and Oracle Corp., database software, est. $30,000 - for total est. $244,800 (GS) 34. Agreement with Career Options of Pinellas, Inc., administer City's Summer Youth Employment Program, $150,000 (HM) 35. Approve $26,715.91 donation in 1998 PILOT Funds, paid to the City by Clearwater Housing Authority (CHA), to the Clearwater Homeless Intervention Project, Inc. (CHIP)(PD) 36. Purchase of one Chevrolet Suburban vehicle, Garber Chevrolet-GEO, Inc., utilizing funds available in 1997-98 Local Law Enforcement Block Grant awarded by US Dept. of Justice / Bureau of Justice Assistance, $28,669 (PD) 37. Contracts to Hootie and the Blowfish ($100,000) & The Beach Boys ($55,000) for concert performances on 3/26/99 & 3/28/99; approve est. budget of $311,440; and authorize $311,440 from Vision Funds (PR) - APPROVED with Beach Boys Contract of $60,000. 38. Approve recommendations, agreement & release of funds in the amount $50,000 for Clearwater Marine Aquarium improvements (TR) 39. Contract, in 3 counterparts, for 1,289 sq.ft. strip of r-o-w along west side of Madison Avenue, George W. Stone, Trustee, Sun Trust Bank Nature Coast, Trustee, & Sally Jo Forester, for $9,023 plus est. closing expenses of $675, for total not to exceed $9,698 (PW) 40. Sidewalk Contract 1998-99, Purvis Curbs Corp., $474,006.71 (PW) .1/21/99 6 Contract for Jeffords Street Lift Station #7 (Drainage, Gravity Sewer, Force Main & Water Main Improvements), Steve's Excavating & Paving, Inc., $737,000 (PW) Receipt/Referral - Relating to Building Permit Regulations; amending Ch. 47 by creating new Sec. 47.084 to require demolition fencing (PLD) Interlocal Agreement with Town of Belleair for City to provide building construction inspection services at the cost of $25 per inspection, 10/1/98-9/30/99 (PLD) Authorize hiring Paul Meissner of Carlson, Meissner, Webb, Dodson & Hart, P.A. for consulting on matters involving Police Department and potential civil rights litigation (CA) .41. 42. 43. 44. OTHER ITEMS ON CITY MANAGER REPORT 45. Clearwater Block Party Day - set date & name change 46. Res. #99-02 - Establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing; authorizing a Public Hearing; providing certain other matters in connection therewith (Bond Reimbursement for Housing Revenue Bonds - Oaks of Clearwater) (FN) 47. First Reading Ord. #6370-99 - Authorizing issuance of not to exceed $35 million Housing Revenue Bonds (BEF, Inc. Project) in . one or more series to be applied to pay a _. . portion of the cost of the acquisition and rehabilitation of the Oak Cove and Bluff Cove buildings; providing for payment of the bonds from the revenues of the project financed therewith and certain other legally available funds; authorizing approval of the form of the financing documents by resolution; making other covenants and agreements in connection therewith (FN) 48. Res. #99-12 - Establishing the intent to reimburse certain Infrastructure Sales Tax Revenue project costs incurred with proceeds of future tax-exempt financing (FN) 49. Contract for Clearwater Airpark installation of Runway & Taxiway Lighting System, H.L. Pruitt, Inc., $185,645.90 (PW) 50. Beautification Committee - 2 appointments (CLK) 51. Parks and Recreation Board - 1 appointment (CLK) 52. Other Pending Matters .1/21/99 45. Set for 04/10/99, 11 a.m. to 7 p.m. Name "Celebrate Clearwater Neighborhoods Day". 46. Res. #99-02 adopted. 47. Ord. #6370-99 passed 1 st reading. 48. Res. #99-12 adopted. 49. Approved. 50. Continued to 02/04/99. 51. Continued to 02/04/99. 52. None. 7 . CITY ATTORNEY REPORTS 53. Res. #99-03 - Supporting Pinellas Suncoast 53. Res. #99-03 adopted as amended. Transit Authority's efforts to obtain a permanent stop at Tyrone Square Mall 54. Res. #99-04 - Assessing property owners the 54. Res. #99-04 adopted. costs of having mowed or cleared owners' lots 55. Other City Attorney Items 55. None. 56. City Manager Verbal Reports - None. 57. Other Commission Action Clark. Hooper. Johnson. and Garvev congratulated Seel on her appointment to the County Commission, wished her well, and thanked her for her many contributions. Hooper said the Martin Luther King Day celebration had included a full day of activities and a well attended march. . Hooper said pending legislation related to Police/Fire pensions will have no cost effect on Florida cities. Johnson was pleased a toll will not be charged on the connection between the Courtney Campbell Causeway and Interstate 275 in Tampa. Johnson congratulated Lt. Tom Allegretti who was named Firefighter of the Year. Garvev invited the public to Saturday's Farmers Market at Station Square Park. See I stated this is her last meeting as a City Commissioner. She reviewed highlights of her tenure and thanked her family, the Commission and staff. 58. Adjournment - 11 :00 p.m. .1/21/99 8 . CITY COMMISSION MEETING CITY OF CLEARWATER January 21, 1999 Present: Rita Garvey Ed Hooper J. B. Johnson Robert Clark Karen Seel Michael J. Roberto Richard L. Hedrick Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor/Commissioner Vice-M ayor /Comm issioner Commissioner Commissioner Commissioner City Manager Deputy City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by AI Zwan of Skycrest Baptist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. . ITEM #4 - Introductions and Awards Proclamation: Junior League of Clearwater/Dunedin - 50th Anniversary - December 1998. ITEM #5 - Presentations a) Turkey Trot Awards - Iron Turkey to Public Works Administration Department Stuffed Turkey to Human Resources Department. b) Beach Entryway Roundabout Progress Report The City Manager said removal of the Memorial Civic Center and Beach Diner has opened an expansive view of the beach. He reviewed landscaping plans for the entryway, including new street lights, street furniture, and light treatments on trees. He indicated the roundabout design has been moved to the east to provide % acre for a proposed interactive children's fountain that will improve the pier's family atmosphere. Seating will provide a place to watch sunsets. The City Manager estimated vehicles will average 20 mph through the roundabout due to traffic calming features. The 1 5-foot sidewalk with seating areas planned for Coronado Drive will attract visitors. Current plans are to mark the entrance to the beach with a monolith and sails. The 160-foot diameter fountain in the middle of the roundabout . mcc0199 1 01/21/99 . . . will be lighted at night and be capable of shooting water 45 feet high and adjusting itself on windy days. Staff is considering stone designs to highlight nearby crosswalks. According to plans, the interior portion of the entryway will be completed by mid- summer. Ingress and egress to businesses and roads will be maintained throughout construction. During the project, a staff member will be on call 24 hours a day. To guarantee project completion by December 1999, two crews will work on the road's construction 1 6-hours a day and 6-days a week. Walkovers, previously proposed, have been removed from the roundabout's design due to the low traffic count and the reality that people will cross the street instead of using the walkovers. A signalized crosswalk is planned south of the roundabout. The cost of the project with revised plans will not exceed $10-million. Staff will recommend a location and funding for a beach parking garage in the next few months for construction in FY (fiscal year) 2000/01. ITEM #6 - Approval of Minutes The Mayor noted a typographical error on page 11. Commissioner Johnson moved to approve the minutes of the regular meeting of December 10, 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 Aqenda Roy Cadwell welcomed the new year and congratulated Commissioner Seel regarding Governor Bush appointing her to the County Commission. Mr. Cadwell objected to being charged utility fees while he lived elsewhere. Anne Garris read from a letter she submitted reviewing the history of the Memorial Civic Center, the effects of its loss, and encouraging its timely replacement. Carl Wagenfohr submitted an article regarding roundabouts and said they should not be elliptically shaped. Rick Barber requested a list of guidelines regarding signage permitted for his flower shop. PUBLIC HEARINGS ITEM #8 - Public Hearinq & First ReadinQ Ords. #6362-99 & #6363-99 - Annexation & RS- 8 Zoning for property located at 1220 Stockton Dr., Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-30)(PLD) The applicant has requested annexation and zoning of Single-Family Residential "Eight" for 1220 Stockton Drive to obtain garbage collection services. The Planning & Zoning Board unanimously endorsed the request. mcc0199 2 01/21/99 . Commissioner Hooper moved to approve the petition for annexation and Zoning Atlas Amendment to Single Family Residential "Eight" (RS-8) for Lot 8, Block C, Stevenson's Heights Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6362-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6362-99 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 #6363-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6363-99 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 Hearinq & First Readinq Ords. #6364-99 & #6365-99 - Annexation & RS- 6 Zoning for property located at 2185 Burnice Dr., Glen Ellyn Estates, Lot 32 (David & Margaret Clark and David & Daria Warner, A98-31 )(PLD) . The applicant has requested annexation and zoning of Single-Family Residential "Six" for 2185 Burnice Drive to obtain sanitary sewer service. The Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the petition for annexation and Zoning Atlas Amendment to Single Family Residential "Six" (RS-6) for Lot 32, Glen Ellyn Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6364-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6364-99 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 #6365-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6365-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. . "Nays": None. mcc0199 3 01/21/99 . . . ITEM #10- (Cont'd from 12/10/98) Public Hearinq & First Readinq Ord. #6361-99 - Vacating E Yz r-o-w of N. Prospect Ave., lying north of Laura Street and City's request to vacate W Yz r-o-w of N. Prospect Ave., lying north of Laura Street, subject to retaining a 10' drainage & utility easement (Theta Homes, V98-09)(PW) To construct a multi-family project, the applicant proposes to use the east one-half right-of-way of N. Prospect Avenue and adjacent property to the east. The right-of-way contains no City infrastructure, is not paved, and has no vehicular traffic use. Staff recommends approval subject to retaining a drainage and utility easement for future utility installation needs. Commissioner Clark moved to approve the request to vacate the east one-half right- of-way of N. Prospect Avenue lying north of Laura Street and the City's request to vacate the west one-half right-of-way of N. Prospect Avenue lying north of Laura Street, subject to retaining a 10-foot drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6361-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6361-99 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 - Public Hearinq & First Readinq Ord. #6383-99 - Vacating 5' Utility Easement lying along rear of Lots 1-13, Blk E, Hibiscus Gardens (Cleveland Plaza, Ltd., V99-01 )(PW) Cleveland Plaza Shopping Center, at 1291-1235 Cleveland Street, was constructed over the easement without vacating the easement. The center's owners need to vacate the easement to clear the title. Commissioner Johnson moved to approve the request to vacate the 5-foot utility easement lying along the rear of Lots 1 through 13, Block "E," Hibiscus Gardens. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6383-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6383-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. mcc0199 4 01/21/99 . . . ITEM #12 - Public Hearinq & First Readinq Ord. #6384-99 - Vacating W 2.5' of 10' Drainage & Utility Easement lying along E side of Lot 473, Morningside Estates, Unit 68, less northerly 5' (Dunham, V99-02)(PW) The property's swimming pool and deck, built approximately 18 years ago, encroach into the 10-foot drainage and utility easement at 1381 Summerlin Drive. The City has no utilities within the easement. Commissioner Clark moved to approve the request to vacate the west 2.5-feet of the 10-foot drainage and utility easement lying along the east side of Lot 473, Morningside Estates, Unit 6B, less the Northerly 5 feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6384-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6384-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #13 - Public Hearinq & First Readinq Ord. #6385-99 - Vacating 3' x 20' Utility Easement lying along easterly lot line of Lot 37, Ambleside First Addition (Polglaze, V99- 03)(PW) The owner wishes to install a pool along the westerly property line and encroach into the easement at 522 Richards Avenue. The City has no utilities within the easement. In response to a question, Jay Polglaze, owner, said the Development Code Adjustment Board had approved a variance to allow the pool in the setback area. Commissioner Johnson moved to approve the request to vacate the 3-foot by 20-fiit utility easement lying along the easterly lot line of Lot 37, Ambleside First Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6385-99 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6385-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #14 - Public Hearinq - South Greenwood Neighborhood Police Substation & Family Service Center - accept donation of and declare surplus real property located at NW corner of S. Greenwood Avenue & Woodlawn Street from Community Service Foundation; waive $13,108 in City demolition & lot clearing liens; approve 1 year lease to Community Service mcc0199 5 01/21/99 . Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build district parking lot & landscaping; and approve a 30 year lease with Foundation Village Neighborhood Family Center, Inc. (PLD) The Citizens of the South Greenwood Neighborhood have identified a police substation and family center as the community's most important needs. CSF (Community Service Foundation, Inc.), a local non-profit agency, was awarded a $244,527 Safe Neighborhood Grant to construct a police substation and pay police overtime and a $192,315 CDBG (Community Development Block Grant) to build a neighborhood family service center. CSF will donate real property at the northwest corner of South Greenwood Avenue and Woodlawn Street to the City. This property's $13,108 in demolition and lot clearing liens require a City waiver. Brownfield Stabilization Funds will pay the property's back property taxes of $6,806 and remove the underground gasoline tank, estimated to cost $23,000. Upon acceptance of real property, the City will lease the property to CSF for up to 1 year to facilitate construction of the 5,000 square foot structure to house a 1,400 square foot police substation and 3,600 square foot family center. The lease will terminate once the building is completed and transferred to the City. The City then will enter into a 30- year lease to the FVNF (Foundation Village Neighborhood Family) Center, a local non-profit agency, to operate a family service center. The Police Department and FVNF Center will provide facility and grounds maintenance. The City will build a paved parking lot for the building and install landscaping. . CSF Executive Director Jerry Spilatro presented a video regarding the neighborhood's efforts to reduce drug related crime. He reviewed the background of the property, indicating the project has received SWFWMD approval. City boards have approved a setback variance and conditional use. Groundbreaking is scheduled at 9:30 a.m. on February 15, 1999. Lawrence "Duke" Tieman said this project has taken more than 7 years. Deputy Chief Bill Baird recognized resident efforts and recommended approval. He reviewed arrests and other recent police efforts made possible by the safe neighborhood funding. Commissioner Clark moved to accept the donation from CSF and declare surplus real property at the northwest corner of S. Greenwood Avenue & Woodlawn Street, (Exhibit 1); waive $13,108 in City demolition & lot clearing liens; approve a 1 year lease to Community Service Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build a district parking lot & landscaping; and approve a 30- year lease with Foundation Village Neighborhood Family Center, Inc., to operate the family service center and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #15 - Public Hearing & Second Readinq Ord. #6348-99 - new Community Development Code (PLD) Planning Director Ralph Stone reviewed changes to the Community Development Code since First Reading and reported many changes were made to achieve consistency . mcc0199 6 01/21/99 . .. . with the PPC (Pinellas Planning Council). He indicated an amendment also is needed to add a definition of a flag lot. Charles Siemon, of Siemon, Larsen & Marsh, said some uses the Commission had directed to be added to the Tourist District beach had been omitted accidentally and need to be restored. He said towards completion on design work related to downtown and the beach, he may propose specific amendments to the Community Development Code. He said a strategy is needed while downtown is in transition and the new Community Development Code does not permit industrial uses there. The City Attorney said an amendment allows permit applications to be accepted during the 45 day transition period. All applications filed before today will be accepted under the old Land Development Code as long as the permits are issued within 6 months and construction begins within 6 months later. During the first six months of the new Community Development Code, redevelopment projects larger than 750,000 square feet can go by the old code. Mr. Siemon said this flexibility is recommended to encourage the objective of upgrading property standards. It was noted the motion to amend to address PPC concerns should be dated January 21, 1999. In response to a question, the City Manager said the City Commission will be provided a book with a clean copy of the Community Development Code before it goes into effect. The City Commission must appoint Community Development Code Board members during the 45 day transition period. Commissioner Seel moved to amend Ordinance #6348-99 by amending various sections of the new Community Development Code as outlined in the attached memorandum, with corrected date of January 21, 1999, from Michael Roberto, City Manager, to the City Commission (Exhibit #2). The motion was duly seconded and carried unanimously. Commissioner Clark moved to amend Ordinance #6375-99 to include a definition of a flag lot that reads, "a lot whose access is provided to the bulk of the lot by means of a narrow corridor or panhandle, and which does not meet the normally required lot width." The motion was duly seconded and carried unanimously. Commissioner Hooper moved to amend Ordinance #6348-99 to add uses to the Tourist District to include indoor recreation/entertainment, medical clinic, non residential parking, and sidewalk vendors. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to amend Ordinance #6348-99 by adding a new Section 5, renumbering Sections 5 and 6, and adding language at the end of new Section 7 as stated on Exhibit #3." The motion was duly seconded and carried unanimously. The City Manager indicated the new code will be evaluated in six months. Nine citizens spoke expressing concern regarding various aspects of the new code. mcc0199 7 01/21/99 e . . In response to concerns, Mr. Siemon said building heights in high density residential are limited to 80 feet except for certain downtown properties fronting Clearwater Harbor. He said the code was designed to be user friendly. In response to a question, he said zero lot lines may be allowed to save trees if there is no impact on the next door neighbor. In response to concerns the City Manager reviewed the three levels of approval for development. He said the plan was designed to preserve the quality of residential neighborhoods. The code can enforce deed restrictions and increase landscaping requirements for commercial development. He said developing the new code has been a 2 year process involving 33 meetings with the public. The code provides the flexibility necessary for future redevelopment. It was indicated the new code is necessary to address declining neighborhoods and to set higher standards. Commissioner Clark moved to approve the New Community Development Code including amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6348-99 for second reading as amended and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6348-99 as amended 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. The meeting recessed from 8:47 to 9:07 p.m. ITEM #16 - Public Hearinq & First Readinq Ords. #6366-99 & #6367-99 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 902, 904 & 906 Grant St., First Addition to Norwood, Blk B, Lots 1-3 (James & Bonnie Jackson, Ester Hunt, & Saint John Missionary Baptist Church of Clearwater, Inc., LUP98-11, Z98-13)(PLD) The applicants, St. John Missionary Baptist Church of Clearwater and others, request a zoning change from Multiple Family Residential "Eight" (RM-8) to Public/Semi Public WISP) for properties on the east side of Pennsylvania Avenue, bordered by Marshall and Grant streets. The church intends to establish a multi-purpose building to include a child day care center. The proposed use in not a permitted nor conditional use in the current zoning district but would be a conditional use in the proposed district. The applicants also request a land use plan change to Institutional. The four dilapidated structures on-site will be razed. While the site is smaller than one acre, staff supports rezoning because of the intended use which will contribute positively to the area's redevelopment, help meet neighborhood child day care needs, and provide jobs. The Planning & Zoning Board unanimously endorsed this request. mcc0199 8 01/21/99 . . . Commissioner Johnson moved to approve a Zoning Atlas Amendment from Multiple Family Residential"Eight" (RM-8) to Public/Semi-Public (P/SP) and a Land use Plan Amendment from Residential Urban to Institutional for Lots 1, 2, & 3, block B, First Addition to Norwood. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6366-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6366-99 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 #6367-99 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6367-99 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 #17 - Variance(s) to Siqn Requlations for property (Winn Dixie) located in Northwood Plaza Shopping Center, 2514 McMullen Booth Road, Sec. 28-28-16, M&B 33.02 (John Hancock Life Insurance Co., SV98-24)(PLD) Conditions support denial of the requested variances for two additional attached wall signs and an additional 149. 75 square foot area for the Winn Dixie Store in Northwood Plaza. No special circumstances warrant approval. The applicant is not deprived of the use of the property by strict application of the code. Staff feels the requests are based on economic gain and would not be in harmony with the Comprehensive Plan and land development regulations. Buddy Clelland, Jr., representative, said while this request is for 299 square feet, based on the store's size and distance from the street, a 337 square foot sign is allowed. He distributed photographs of the property, noting McMullen-Booth Road drivers cannot see the store easily. In response to a question, he said the new Marketplace sign is 111 square feet, and indicated the store is being expanded to a 24-hour Marketplace with dry cleaning, a photo lab, food pavilion, etc. It was noted most signage in the shopping center has a unified look, cannot be seen by passing vehicles, and is effective only for center visitors. The City Manager advised against working out a compromise during the meeting as possible impacts on other area stores must be considered. He recommended the issue be continued to allow staff and the store time for further discussion and review. Commissioner See I moved to continue Item #17 to February 4, 1999. The motion was duly seconded and carried unanimously. mcc0199 9 01/21/99 e . . It was recommended the request be limited to three signs and the amount of signage be reduced. ITEM #18 - Public Hearinq & First Readinq Ord. #6368-99 - Readopting the Land Use Plan Amendment previously adopted by Ord. #6172-97, to Recreation/Open Space and Preservation for property located at 2950 Drew Street, Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07)(CA) DCA (Department of Community Affairs) returned Land use Plan Amendment 97-07/ Ordinance #6172-97 for re-adoption pursuant to Florida Statutes 163.3187(6)(E) and 163.3184(7). The ordinance was adopted during the pendency of the Evaluation and Appraisal Report. Commissioner Hooper moved to readopt Land Use Plan Amendment 97-07, previously adopted by Ordinance #6172-97. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6368-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6368-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. Public Hearinq - Second Readinq Ordinances ITEM #19 - Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay Channel by approximately 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1) The City Attorney presented Ordinance #6353-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6353-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #20 - Ord. #6354-99 - Annexation for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) The City Attorney presented Ordinance #6354-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6354-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: mcc0199 10 01/21/99 . . . "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #21 - Ord. #6355-99 - RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) The City Attorney presented Ordinance #6355-99 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6355-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #22 - Ord. #6359-99 - Vacating N 5' of 10' Drainage & Utility Easement lying along south side of Lot 6, Blk H, Northwood Estates - Tract F, less easterly 5' (Erickson, V98-07) The City Attorney presented Ordinance #6359-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6359-99 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 #23 - Ord. #6360-99 - Vacating 10' Utility Easement lying along south side of Lot 16, Forest Estates (Cooley, V98-08) The City Attorney presented Ordinance #6360-99 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6360-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #24 - Ord. #6371-99 - Submitting to the City Electors proposed non-substantive amendments to the City Charter The City Attorney presented Ordinance #6371-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6371-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. mcc0199 11 01/21/99 . . . ITEM #25 - Ord. #6372-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 1.01 to transfer certain language contained in subsection (d) to subsection (a) and to clarify subsection (b) to allow the City to exercise its powers, perform its functions, and participate in the financing thereof, with any person as defined by law The City Attorney presented Ordinance #6372-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6372-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #26 - Ord. #6373-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01 (d) regarding limitations on Commission power to eliminate charter restrictions on purchasing of goods and services; to increase amount of dredging permitted without referendum; to permit the sale, lease or donation of real property for less than appraised value; to limit leases of municipal property to 30 years; to eliminate the requirement of recapture and reverter clauses in leases; making certain non-substantive changes Commissioner Hooper moved to amend Ordinance #6373-99, Section 3, the first sentence of the second paragraph of Section 2.01 (d)(4)(vi) as follows: "No lease of municipal real property (including options to renew) shall exceed 30 years and Section 4 by adding language to the second and third referendum ballot questions to read: "Dredging- Shall Section 2.01 (d)(3) of the City Charter be amended as provided in Ordinance 6373-99 to increase the amount of dredging permitted without referendum from 4,000 cubic yards to 10,000 cubic yards?" and "Sale, Lease or Transfer of Real Property - Shall Section 2.01 (d)(4) of the City Charter be amended as provided in Ordinance 6373-99 to: permit the sale, lease, exchange or transfer of municipal real property for less than the appraised value, or allow said property to be donated without referendum; restrict a term of any lease of municipal real property to no more than 30 years; delete the requirement for recapture and reverter clauses in leases, and other nonsubstantive changes?" The motion was duly seconded and carried unanimously. One citizen spoke in opposition. The City Attorney presented Ordinance #6373-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6373-99 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. mcc0199 12 01/21/99 . Motion carried. ITEM #27 - Ord. #6374-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in addition to any partial term, and to provide that Commissioners shall be sworn in at the next Commission meeting following their election; and other non- substantive changes The City Attorney presented Ordinance #6374-99 for second reading and read it by title only. In response to a question, it was indicated if this amendment is approved, candidates elected on March 9, 1999, will be sworn in at the next City Commission meeting. Commissioner Clark moved to pass and adopt Ordinance #6374-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. Motion carried. . ITEM #28 - Ord. #6375-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.07(e) and (f) to eliminate the Charter restrictions on Advisory Boards; amending Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to address advertising under the control of the candidates Commissioner Seel moved to amend Section 6 of Ordinance #6375-99 by revising language to the first referendum ballot question re Advisory and Regulatory Boards: "Shall Section 2.07(e) and (f) of the City Charter be amended as provided in Ordinance 6375-99 to remove the charter limitations on advisory boards and provide that the commission may appoint such advisory boards as it deems appropriate and regulatory boards as established by law?" The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6375-99 for second reading as amended and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6375-99 as amended 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. . mcc0199 13 01/21/99 e e . ITEM #29 - Ord. #6376-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 7.02 to change the composition of the Charter Review Committee; to require that the charter amendments proposed by the committee be submitted directly to referendum Commissioner Clark moved to amend Section 1 of Ordinance #6376-99 by changing "or" to "nor" in the last sentence of Section 7.02, to read as follows "Neither the amendments nor questions may be changed by the City Commission. The motion was duly seconded and carried unanimously. It was felt the City Commission should have the opportunity to make some changes to proposals made by the Charter Review Committee. It was stated the Charter Review Committee should remain a citizens' committee. The City Attorney presented Ordinance #6376-99 for second reading as amended and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6376-99 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hooper and Seel. "Nays": Johnson, Clark and Garvey. Motion failed. ITEM #30 - Ord. #6377-99 - Submitting to the City Electors a proposed amendment to the City Charter repealing Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum for revenue bond projects in excess of one million dollars The City Attorney presented Ordinance #6377-99 for second reading and read it by title only. One citizen spoke in opposition. Commissioner Hooper moved to pass and adopt Ordinance #6377-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #31-44) - Approved as submitted less Items #31 & #37. mccO 1 99 14 01/21/99 . . . ITEM #31 - See paqe 16. ITEM #32 - Accept Quit Claim Deed for property located at 1108 N. Greenwood Ave., Greenwood Manor, N 32' of Lot 2 less road, Lot 4 less road, and E 65' of Lot 5, $11,397.66 (ED) ITEM #33 - Contracts to: Prototype Inc., "Fleet Anywhere" fleet management software system, $142,800; Com ark Government and Educational Sales, computer hardware, estimated $72,000; and Oracle Corp., database software, estimated $30,000 - for total estimated $244,800 (GS) ITEM #34 - Aqreement with Career Options of Pinellas, Inc., administer City's Summer Youth Employment Program, $150,000 (HM) ITEM #35 - Approve $26,715.91 donation in 1998 PILOT Funds, paid to the City by CHA (Clearwater Housing Authority), to CHIP (Clearwater Homeless Intervention Project, Inc.)(PD) ITEM #36 - Purchase of one Chevrolet Suburban vehicle, Garber Chevrolet-GEO, Inc., utilizing funds available in 1997/98 Local Law Enforcement Block Grant awarded by U.S. Dept. of Justice/Bureau of Justice Assistance, $28,669 (PO) ITEM #37 - See paqe 18. ITEM #38 - Approve recommendations, aqreement & release of funds in the amount $50,000 for Clearwater Marine Aquarium improvements (TR) ITEM #39 - Contract, in 3 counterparts, for 1,289 sq.ft. strip of r-o-w along west side of Madison Avenue, George W. Stone, Trustee, Sun Trust Bank Nature Coast, Trustee, & Sally Jo Forester, for $9,023 plus estimated closing expenses of $675, for total not to exceed $9,698 (PW) ITEM #40 - Sidewalk Contract 1998-99, Purvis Curbs Corp., $474,006.71 (PW) ITEM #41 - Contract for Jeffords Street Lift Station #7 (Drainage, Gravity Sewer, Force Main & Water Main Improvements), Steve's Excavating & Paving, Inc., $737,000 (PW) ITEM #42 - Receipt/Referral - Relatinq to Buildinq Permit Requlations; amending Ch. 47 by creating new Sec. 47.084 to require demolition fencing (PLD) ITEM #43 - Interlocal Aqreement with Town of Belleair for City to provide building construction inspection services at the cost of $25 per inspection, 10/1/98-9/30/99 (PLD) ITEM #44 - Authorize hirinQ Paul Meissner of Carlson, Meissner, Webb, Dodson & Hart, P.A. for consulting on matters involving Police Department and potential civil rights litigation (CA) mcc0199 15 01/21/99 . Commissioner Hooper moved to approve the Consent Agenda, less Items #31 and #37, as submitted, and authorize the appropriate officers to execute same. The motion was duly seconded and carried unanimously. ITEM #31 - Approval of Purchases per 12/31/98 memorandum: St. Petersburg Times, advertising services, 01/22/99-12/31/99, estimated $30,000 (PCM) Coastline Equipment Company, Inc., one 1999 Case 580 Super L, tractor/backhoe/loader (previously approved addition) to be used by PW/Wastewater Collection, $42,563.65; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Bill Currie Ford, three 1999 Ford F-250 pickup trucks (1 replacement & 2 previously approved additions) with Knaphide utility bodies for use by Building & Maintenance, $64,872; funding to be provided under City's Master Lease-Purchase Agreement ($21,624) & cash ($43,248)(GSS) Maroone Chevrolet, three 1999 Chevrolet S-10 pickup trucks (replacement), $53,073; funding to be provided under City's Master Lease-Purchase Agreement ($39,073) & cash ($14,000) (GSS) e Don Reid Ford, one 1999 Ford F-350 pickup trucks (replacement) with Knaphide utility bodies for use by PW/Water Distribution, $23,222; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Maroone Auto Plaza, two 1999 Chevrolet C3500 pickup trucks (replacement) for use by Parks Maintenance & Nursery, $42,466; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Kaiser Pontiac-Buick GMC, Inc., four 1999 GMC Sonoma compact pickup trucks for use by CGS Meter Readers, CGS Service & Repair & PW/Water, $48,017; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Don Reid Ford, one 1999 Ford Crown Victoria Police Pursuit Vehicle for use by Police Department, non-scheduled replacement for an accident destroyed vehicle, $24,465; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Oakhurst Construction, design, construction & installation of pre-manufactured metal building at E.C. Moore West Complex, $54,285.11 (QOL) Duval Ford, three 1999 Ford Taurus sedans (replacement) for use by Police/Criminal Investigation, $45,569; funding to be provided under City's Master Lease-Purchase Agreement (GSS) . mcc0199 16 01/21/99 . . . Garber Buick-Pontiac-GMC Truck-Chevrolet-Geo, three 1999 Chevrolet Monte Carlo investigative vehicles (replacement), estimated $46,482; funding to be provided under City's Master Lease-Purchase Agreement (GSS) M.T. Deason Company, gas materials (steel pipe & fittings), to be used throughout Gas System, 01/22/99-1/31/00, estimated $40,000 (GAS) Progressive Industrial, one 1999 Marina Work Boat, $66,000 (QOL) Rowland Inc., Northwood Area Traffic Calming Phase I, $38,073.64 (PW) Interprint Inc., See paqe 18. Com ark Government Sales, one HP Netserver LH3 PII Mod 1 PED, computer hardware server for use at MSB by IT personnel, $44,994 (GSS) RDP Company, replacement & overhaul parts for heating elements used at NE Residuals processing Facility of WPC, $66,266 (PW) Bell Chevrolet, one 1999 Chevrolet CC15703 V2 ton pickup (replacement) for use by Police/Office of Professional Standards, $16,038; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Teco, Inc., one 1999 Navistar 4700 truck (replacement) with aerial lift for use by PW/Urban Forestry, $83,157; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Gateway Chevrolet, two 1999 Chevrolet Lumina midsize sedans (replacement) for use by Police/Criminal Investigation, $29,624; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Miracle Recreation Equipment Company c/o Miller Recreation Equipment and Design, Inc., purchase & installation of playground equipment (replacement) to be used at Holt/Martin Luther King Playground, $30,660.41 (QOL) Swartz Associates, Inc., purchase & installation of playground equipment (replacement) to be used at Coachman Ridge Park, $28,562.84 (QOL) Approve funding in the amount $21,191 for one 1999 Dodge pickup truck through City's Master Lease-Purchase Agreement (This vehicle was purchased with an incorrect funding code, however, was on the replacement list for the current fiscal year. The new vehicle has been received from Hill-Kelly Dodge, Inc.)(GSS) Commissioner See I moved to approve Item #31, as submitted, and authorize the appropriate officers to execute same less the Interprint contract (16). The motion was duly seconded and carried unanimously. mcc0199 17 01/21/99 . . . Item #31 (16) Interprint Inc., Clearwater Maaazine for distribution to citizens of Clearwater, 01/22/99-10/31/99, estimated $89,689 (a printing contract was awarded to Pinellas Press on 11/19/98, however, contractor provided less than satisfactory magazine for 1 st issue; this award covers remaining three issues during fiscal year)(PCM) It was felt resolution with the original vendor is necessary before the City commits to another printer contract. The City Attorney said Pinellas Press had taken no action following notice of cancellation of the City's purchase order. The City's grounds for termination were articulated in the letter. Commissioner Clark moved to continue the award of the contract to Interprint, Inc. to a date uncertain until a resolution with the current vendor is assured. The motion was duly seconded and carried unanimously. ITEM #37 - Contracts to Hootie and the Blowfish ($100,000) & The Beach Bovs ($55,000) for concert performances on 03/26/99 & 03/28/99; approve estimated budget of $311,440; and authorize $311,440 from Vision Funds (PR) In conjunction with the March 1999 NCAA Final Four Men's Basketball Tournament at Tropicana Field, Time Warner Communications and the Clearwater/Dunedin Junior League wish to partner with the City for "Clearwater Celebrates Sounds Under the Stars" concerts in Coachman Park. Other related activities are planned City-wide. To cover City cash and in-kind service expenses, Clearwater will receive ticket receipts, sponsor funds, food & beverage sales, and exhibitor fees to reimburse allocated Vision Funds. The Junior League will provide volunteers to service the concerts, cover costs associated with beer and wine sales for the Hootie & the Blowfish concert, and retain sales proceeds to fund the organization's community service programs. Time Warner Communications' contribution of cash and all concert marketing efforts to include print, radio, and television is valued at more than $300,000. While promoting outdoor events exposes the City to an element of risk, staff feels budget projections can be met and sufficient revenues generated to cover all City costs and services. Net revenue to be split between the City and Junior League will not exceed the total amount of sponsorships the Junior League generates. Along with related activities, the concerts will provide visitors opportunities to experience Clearwater. Positive visitor experiences enhance efforts to promote Clearwater as a tourist and visitor destination and support the City's Vision. Opposition was voiced a previous suggestion to institute paid parking during these events will create ill will. The City Manager said paid parking was suggested to provide community groups an avenue to raise funds and encourage more citizen participation in community events. Valet parking was suggested. One citizen spoke in opposition. Two citizens spoke in support. mcc0199 18 01/21/99 . . . The City Clerk indicated The Beach Boys contract had been reviewed and approved by the Legal Department. While the budget remains $311,440, the $5,000 cost of air fare is now included in The Beach Boys contract, increasing the contract amount to $60,000. Commissioner Johnson moved to award contracts to Hootie and the Blowfish ($100,000) and The Beach Boys ($60,000) for concert performances on March 26, 1999, and March 28, 1999; approve an estimated budget of $311,440; and authorize expenditures not to exceed $311,440 from Vision Funds, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #45 - Clearwater Block Party Dav - set date & name chanqe In August 1998, the City Commission endorsed the Clearwater Block Party Program and recommended setting a date in Spring 1999. Staff wishes to schedule the date and commence marketing activities. The program will encourage City neighborhoods to hold a neighborhood celebration on one day from 11 :00 a.m. to 7:00 p.m. Commissioners and staff will visit parties in progress. The City will offer neighborhoods a starter kit, planning materials, and decorations. Staff recommends naming the program "Celebrate Clearwater Neighborhoods Day" and scheduling it for April 10, 1999, when it can be tied into the Fun N' Sun Festival. Commissioner Johnson moved to name the block party program "Celebrate Clearwater Neighborhoods Day" and schedule it for April 10, 1999. The motion was duly seconded and carried unanimously. It was recommended neighborhoods wishing to participate contact the City. ITEM #46 - Res. #99-02 - Establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing; authorizing a Public Hearing; providing certain other matters in connection therewith (Bond Reimbursement for Housing Revenue Bonds - Oaks of Clearwater)(FN) BEF, Inc., an exempt organization, is acquiring from mortgage holder, Beal Bank, the Oaks of Clearwater buildings, Oak Cove and Oak Bluff. BEF plans to renovate Oak Cove with three levels of senior care and then relocate all Oak Bluff tenants to Oak Cove. Oak Bluff then will be renovated and expanded for market rate housing. After renovations, Oak Bluff will become subject to ad valorem taxes while Oak Cove will remain exempt from such taxes. The City has been requested to issue a series of tax exempt and taxable bonds to finance the acquisition and rehabilitation of both buildings. It is anticipated the City will be a conduit issuer of bonds for BEF in early 1999 to finance a portion of this project. The City's participation will enable a portion of the bonds to be tax exempt. mcc0199 19 01/21/99 . . . The City's Bond Counsel, Financial Advisor, and Disclosure Counsel are reviewing the bonds and project to determine the legality and feasibility of the proposal. BEF will pay all expenses and costs associated with this project and the City will not incur any expense or liability by issuing these bonds. The Deputy City Manager will hold a public hearing related to the issuance of these bonds in accordance with IRS Code. This resolution will allow the reimbursement of any expenses the City incurs prior to the issuance of Bonds. Commissioner Seel moved to establish the intent to reimburse certain project costs incurred related to the "Oaks of Clearwater" buildings with proceeds of future tax-exempt financing, authorizing a public hearing, and providing for certain other matters in connection therewith, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-02 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-02 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #47 - First Readinq Ord. #6370-99 - Authorizing issuance of not to exceed $35 million Housing Revenue Bonds (BEF, Inc. Project) in one or more series to be applied to pay a portion of the cost of the acquisition and rehabilitation of the Oak Cove and Bluff Cove buildings; providing for payment of the bonds from the revenues of the project financed therewith and certain other legally available funds; authorizing approval of the form of the financing documents by resolution; making other covenants and agreements in connection therewith (FN) Also see Item #46. This ordinance provides the necessary ordinance authorization required by the City's Charter to issue industrial development revenue bonds. BEF will pay all expenses and costs associated with this project. At the time of second reading, a sale resolution detailing the specifics of the sale, will be brought forward for City Commission adoption. Commissioner Hooper moved to approve the issuance of not to exceed $35-million Housing Revenue Bonds (BEF, Inc. Project) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6370-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6370-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. mcc0199 20 01/21/99 . ITEM #48 - Res. #99-12 - Establishing the intent to reimburse certain Infrastructure Sales Tax Revenue project costs incurred with proceeds of future tax-exempt financing (FN) The Penny for Pinellas project list identifies several projects which staff anticipates will be funded through the issuance of bonds. The City plans to issue bonds in 1999 to finance the "Gateway to the Beach" project. The City will incur project expenses prior to the bonds' issuance. This reimbursement resolution will allow Bond proceeds to reimburse the City. Commissioner Hooper moved to establish the intent to reimburse certain infrastructure sales tax revenue project costs incurred with proceeds of future tax-exempt financing and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-12 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-1 2 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. . ITEM #49 - Contract for Clearwater Airpark installation of Runway & Taxiway Lighting System, H.L. Pruitt, Inc., $185,645.90 (PW) The City approved a JPA (Joint Project Agreement) with FDOT (Florida Department of Transportation) to construct Medium Intensity Runway Lights and Low Intensity Taxiway Lights at the Airpark. The JPA authorized the lighting system on a 50/50 cost sharing basis. The City pays the upfront cost of the project and is reimbursed by FDOT upon completion of construction. The project budget was estimated to be $100,000. FDOT has approved the project and is amending the existing JPA to include additional FDOT funding for a true 50/50 split of the $185,645.90 construction costs. This project includes the design and installation of fixed medium intensity runway lights and fixed low intensity taxiway lights and the installation of a radio controlled switch capable of activating the lighting system by a standard VHF aircraft transmitter. This airport lighting system will encourage more business aircraft to use the airpark and will provide safer air operations during inclement weather and when seasonal daylight is minimal. Installation of the lighting system is part of the airpark's 5-year plan. Public Works Administrator Rich Baier said the upgrades will improve airpark safety. Harbormaster Bill Morris said remote activation of the lighting system can be overridden at night. The airpark opens at 7:00 a.m. with no landings permitted after 9:00 p.m. and no takeoffs allowed after one hour after sunset. In response to discussion, FBO (Fixed Base Operator) Rick Emshoff said touch and go landings are not permitted. He said the lights . mcc0199 21 01/21/99 . . . will not increase traffic nor will night operations increase. Mr. Morris said the lights are proposed to enhance safety, not to increase the hours of operation. Concern was expressed regarding safety issues should the remote light activation be overridden at night. It was felt if related abuses occur, that issue could be revisited. Four residents spoke in opposition. One resident spoke in support. Commissioner Johnson moved to award a contract for the Clearwater Airpark Installation of Runway and Taxiway Lighting System to H.L. Pruitt, Inc., of Winter Springs, Florida for the sum of $185,645.90 which is the lowest most responsive bid received in accordance with plans and specifications and that the appropriate officials be authorized to execute same. The motion was duly seconded. It was noted the City does not intend to permit night flying, however, remote activation of the lighting system will not be disabled but will be monitored for abuse. Upon the vote being taken, the motion carried unanimously. ITEM #50 - Beautification Committee - 2 appointments (CLK) AND ITEM #51 - Parks and Recreation Board - 1 appointment (CLK) It was felt more citizen volunteers are needed. Commissioner Johnson moved to continue Items #50 and #51 to February 4, 1999. The motion was duly seconded and carried unanimously. ITEM #52 - Other Pendinq Matters - None. CITY ATTORNEY REPORTS ITEM #53 - Res. #99-03 - Supporting Pinellas Suncoast Transit Authority's efforts to obtain a permanent stop at Tyrone Square Mall It was noted "required" in the second Whereas clause has been changed to "essential." The City Attorney presented Resolution #99-03 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #99-03 as amended and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. mcc0199 22 01/21/99 . . . "Nays": None. ITEM #54 - Res. #99-04 - Assessing property owners the costs of having mowed or cleared owners' lots The City Attorney presented Resolution #99-04 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-04 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, See I and Garvey. "Nays": None. ITEM #55 - Other City Attornev Items - None. ITEM #56 - City Manaqer Verbal Reports - None. ITEM #57 - Other Commission Action Commissioners Clark, Hooper, Johnson, and Mavor Garvev congratulated Commissioner Seel on her appointment to the County Commission. They wished her well and thanked her for her many contributions to the City. Commissioner Hooper said the Martin Luther King Day celebration had included a full day of activities and a well attended march. Commissioner Hooper said pending legislation related to Police/Fire pensions will have no cost effect on Florida cities. Commissioner Johnson was pleased a toll will not be charged on the connection between the Courtney Campbell Causeway and Interstate 275 in Tampa. Commissioner Johnson congratulated Lt. Tom Allegretti who was named Firefighter of the Year Mavor Garvev invited the public to Saturday's Farmers Market at Station Square Park. Commissioner Seel stated this is her last meeting as a City Commissioner. She spoke of her love for Clearwater and desire to make a difference. She reviewed highlights of her tenure including Commission ambassador visits, neighborhood visioning, grants for non-profits related to special events, downtown concerts, accountability, improved customer service, no increase in ad valorum taxes, economic development, and the vision which set the tone for "One City. One Future." She thanked her family, the Commission and staff. mcc0199 23 01/21/99 . . . ITEM #58 - Adiournment ATTEST: mcc0199 The meeting adjourned at 11 :00 p.m. r It - .~ Ai . \'-'\~- t._~; l J <> - YJ2. :.-..City Clerk --... 24 01/21/99 . . . ~c.~ I,al.cr/ EXHIBIT #1 PARCEL 1: Lot 2, FOUNDATION OAKS, according to the plat thereof, recorded in Plat Book 118, Page 85 of the Public Records of Pinellas County, Florida. PARCEL 2: The South 100 feet of the East 100 feet of the following described tract of land: From the Southeast corner of the NW 14 of the SW ~ of Section 22, Township 29 South, Range 15 East, Pinellas County, Florida; run thence N. 00022'56" West, along the East boundary thereof 30.00 feet; thence North 89011'46" West, 30.00 feet to the Point of Beginning. Also being the North right-of-way line of Woodlawn Street and the West right-of-way line of Greenwood Avenue; thence continue North 89011'46" West, 208.71 feet along said North right-of-way line of Woodlawn Street; thence North 00022'56" West, 208.71 feet; thence South 89011'46" East, 208.71 feet to the West right-of-way line of said Greenwood Avenue; thence South 00022'56" East, 208.71 feet along said West right-of-way line to the Point of Beginning. . e . ... ~ c.c..~ \ .;11.'11 Ex~ ,6 i-\- ;{/ @> January~, 1999 MEMO TO: Mayor and City Commission Members FR: Michael Roberto, City Manager RE: Proposed Amendments to the New Community Development Code Since the first reading on the new code, staff and the consultants have continued to meet with residents and business interests and to address the consistency requirements of the Pinellas Planning Council. The following amendments are being proposed to address the Pinellas Planning Council consistency issues and other items as listed in the following. ADDENDA to First Reading Ordinance of the City of Clearwater Community Development Code ARTICLE 1 GENERAL PROVISIONS Section 1-103 General Purposes B. Add the words "City of' to the following sentence: " It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater b " y..... Add Section 1-108 Countywide Consistency Applications for development approval shall be consistent with the provisions of this Community Development Code and the Countywide Future Land Use Plan as required by State law. Development potential is based on the applicable zoning district and as permitted by the Countywide Future Land Use Plan Designation. In cases where there is a difference between the density permitted fu the zoning district and that which is permitted by the land use classification. the more restrictive shall prevail. In addition. uses of land shall be consistent with uses permitted in the assigned zoning district as well as the uses permitted by the Countywide Future Land Use Plan Designation. ARTICLE 2 ZONING DISTRICTS Add Section 2-101.1 Maximum Development Potential The Low Density Residential District (LDR) may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the 1 Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the LDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future La~d Use Designations that apply to the LOR District are as follows: . . Countywide Future Land Use Desi nation Residential Estate Residential Suburban Residential Low Add Section 2-201.1 Maximum Development Potential Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .30 IISR .60 FAR .30 I ISR .60 FAR.40 IISR .65 The Low Medium Density Residential District (LMDR) may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the LMDR District shall be determined by the standards found in this Code as well as the Cou~de Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: . Countywide Future Land Use Desi nation Residential Urban Maximum DweUine Units Per Acre of Land 7.5 dwellin units er acre Add Section 2-301.1 Maximum Development Potential Max. Floor Area Ratio I 1m ervious Surface Ratio FAR.40 I ISR .65 The Medium Density Residential District (MDR) may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the MDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MDR District are as follows: Countywide Future Land Use Desi nation Residential Urban Residential Low Medium Residential Medium . acre r acre racre 2 Max. Floor Area Ratio I 1m ervious Surface Ratio FAR.40 I ISR .65 FAR .50 I ISR .75 FAR. 50 nSR .75 . Section 2-303. Flexible Standard Development Medium Density Residential District Add to Maximum Height 30-"40" Delete Flexibility Criteria 1-8 for Attached Dwellings and Replace with: "1. Height: a. The increased height results in an improved site plan. landscaping areas in excess of the minimum required and/or impr~ved d~sign and appearance: b. The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel which is designated as low density residential in the Zoning Atlas: 3. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four (4) feet in height" . Section 2-304 Flexible Develooment Medium Density Residential Develooment Add to Maximum Height 30."50" Delete Flexibility Criteria 1-8 for Attached Dwellings and replace with: "1. Height: a. The increased height results in an" improved site plan. landscaping areas in excess of the minimum required andlor"improved design and appearance; b. The increased height will not reduce the vertical component of the view from a parcd of land which is designated as low density residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel of land which is designated as low density residential in the Zoning Atlas. 3. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four (4) feet in height." . 3 e Add Section 2-401.1 Maximum Development Potential The Medium High Density Residential District (MHDR) may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the MHDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Land Use Desi nation Residential Hi h Maximum Dwellios! Units Per Acre of Land 30 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .60 IISR .85 Section 2-403 Add to Maximum Height 30-"40" Add Section 2-501.1 Maximum Development Potential . The High Density Residential District (HDR) may be located in more than one land use category. It is the intent of the IIDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IIDR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the HDR District are as follows: Maximum Dwelline Units Per Acre of Land 30 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .60 IISR .85 Add Section 2-601.1 Maximum Development Potential The Mobile Home Park District (MHP) may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the MHP District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: . Countywide Future Land Use Desi nation Residential Low Medium Maximum Dwelline Units Per Acre of Land 10 dwellin units er acre Max. Floor Area Ratio I 1m ervious Surface Ratio FAR .50 IISR .75 4 . Add Section 2-701.1 Maximum Development Potential The Commercial District (C) may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the C District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Use Desi ation Commercial Nei hborhood Commercial Limited Commercial General Residential/OfficelRetail MaL Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .80 FAR .45 I ISR .85 FAR .55 I ISR .95 FAR.40 I ISR .85 Overni2ht Accommodations Units Per Acre N/A 30 units 40 units 30 units Add Section 2-801.1 Maximum Development Potential . The Tourist District (T) may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for" the Countywide Future Land Use Designations that apply to the.T Di~trict are as follows: Countywide Future Land Use Desi ation Resort Facilities Hi h MaL Floor Area Ratio I 1m nioos Surface Ratio FAR .30 IISR .95 Overni2bt Accommodations Units Per Acre 40 units r acre Add Section 2-901.1 Maximum Development Potential . It is the intent of the D District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the D District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the D District that have a Future Land Use of Central Business District (CBD). maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. . 5 . . . '. Add Section 2-1001.1 Maximum Development Potential The Office District (0) may be located in more than one land use category. It is the intent of the 0 District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel ofland within the 0 District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the 0 District are as follows: Countywide Future Land Use Desi ation ResidentiaVOffice Limited ResidentiaVOffice General ResidentiaVOffice/Retail Ovemi2ht Accommodations Units Per Acre N/A N/A 30 units r acre Max. Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .75 FAR .50 I ISR .75 FAR.40 I ISR .85 Add Section 2-1101.1 Maximum Development Potential The Mixed use District (MU) may be located in more than one land use category. It is the intent of the MU District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel ofland within the MU District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the MU District are as follows: Countywide Future Land Use Desi ation ResidentiaVOffice Limited ResidentiaVOffice General ResidentiaVOffice/Retail Resort Facilities Hi Overni2bt Accommodations Units Per Acre N/A N/A 30 units 50 units Max. Floor Area Ratio I 1m enious Surface Ratio FAR.40 I ISR .75 FAR.50 IISR .75 .. FAR.40 I ISR .85 FAR 1.2 nSR .94 r acre r acre r acre r acre. . Add Section 2-1201.1 Maximum Development Potential The Institutional District (I) may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel of land within the I District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: Coun ide Future Land Maximum Dwellin Units Max. Floor Area Ratio I 6 . Use Desi nation Institutional Trans ortation 1 Utilit 1m ervioull Surface Ratio er acre FAR .65 1 ISR .86 FAR .701 ISR .90 Add Section 2-1301.1 Maximum Development Potential The Industrial. Research. and Technology District (IR T) may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IRT District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the IR T District are as follows: Countywide Future Land Use Desi nation Industrial Limited Industrial General Maximum Dwellin2 Units Per Acre of Land N/A N/A Max. Floor Area Ratio 1 1m ervioull Surface Ratio FAR .651 ISR .85 FAR .751ISR .95 . Add Section 2-1401.1 Maximum Developme~t Potential The Open SpacelRecreation District (OSR) may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the OSR District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Maximum DweUin2 Units Per Acre of Land N/A Max. Floor Area Ratio 1 1m ervious Surface Ratiu FAR .25 /ISR . 60 Add Section 2-1501.1 Maximum Development Potential . The Preservation District 0>) may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential ofa parcel ofland within the P District shall be determined by the standards found in this Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: 7 . . . '. Countywide Future Land Use Desi~nation Preservation Maximum Dwelline: Units Per Acre of Land N/A Max. Floor Area Ratio / Imoervious Surface Ratio FAR ,10 /ISR. 20 ARTICLE 3 DEVELOPMENT STANDARDS Section 3-805 B. Fences and Walls Add the following sentence to the paragraph: "However. fences and walls in the front setback area of the LDR and LMDR districts area limited to thirty-six (36) inches in height." Section 3-901 GeneraVTechnical Codes Delete B. and Add the following: "City of Clearwater Subdivision Design Standards and Stormwater Drainage Criteria Manual." Section 3-1202 D. 2. Interior Landscaping Amend the last line in the paragraph to add the word "required" as follows: ".. ..square feet of required landscaping." Then add a new sentence to the paragraph" as follows: "No more than fifty (50) percent of the area shall contain shrubs with the remainder to be ground cover." Section 3-1302 Site Lighting Delete "D. Beachfront Property. The light source from outdoor lighting located on beachfront property shall not be visible from the water." Add "D. Sea Turtle Nesting Areas. To the extent possible. no light within three hundred feet shall be visible or extend to areas identified as Sea Turtle Nesting Areas during the nesting season of May I to October 31. Those areas were security and public safety require lighting. alternative light management approaches shal1 be. applied. The Florida Marine Research Report Institute Technical Report-"Understanding. Assessing. and Resolving Light-Pollution Problems on Sea Turtle Nesting Beaches" shall be used a guide to provide the most thorough solution practical." Section 3-1805 C. Signs Permitted Without Development Review. Add the following sentence to the end of the paragraph: "....Other special event and/or public purpose signs of a temporary nature may be approved on a case by case basis. The type of sign. size. design and length of display will be detennined by the Community Development Coordinator." 8 . '. . . . ARTICLE 4 DEVELOPMENT REVIEW AND OTHER PROCEDURES Section 4-1403 Transfer of Development Rights C. Delete C (2) and replace with: "No building which exceeds one hundred (100) feet in height shall be located within one hundred (100) feet of any other building which exceeds one hundred (100) feet in height. No more than two (2) buildings which exceed one hundred (100) feet in height shall be located within five hundred (500) feet of any building which exceeds one hundred (I 00) feet in height. " D. Add to the end of the sentence ".... . except that density averaging is permitted within residential use categories depicted on the Future Land Use Plan. The entire area under consideration must be considered as one proiect and the total dwelling unit count shall not exceed what is otherwise allowed under the Future Land Use Plan for the total area under consideration." H. Add to the end of the sentence " . . . . and Pinellas Planning Council. " ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION Section 8-102 Definitions Add the following sentence to the definition of Assisted Living Facility ... "For the purpose of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." Delete the definition of Caliper and Add the following definition "Caliper means the measurement of young or nursery trees and is measured at a height six (6) inches above the ground or soil level. " Add the following definition: " Diameter Breast Height (DBH) is a measurement of mature trees and is measured at a height four (4) feet above the ground or soil level." Add the following definition: "Coastal High Hazard Areas (also high-hazard coastal areas) means areas designated by local governments pursuant to Paragraph 163.178 (2) (h). Florida Statutes. and includes areas which have historically experienced destruction or severe damage. or are scientifically predicted to experience destruction or severe damage from stonn surges. waves. erosion. or other manifestations of rapidly moving or storm driven water." Add the following sentence to the definition of Congregate Care... "For the purpose of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." 9 . Add the following definition: "Floor Area Ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross floor area. " Add the following definition: "Impervious Surface Ratio (ISR) means a measurement of intensity of hard surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area." Add the following sentence to the definition of Nursing Home... ."For the purposes of calculating the maximum development potential. 2.5 beds shall be equivalent to one dwelling unit." . . 10 . . . C.ClY\~ \..a\..99 HIS V~ E:)(~.; b;+ 3 MOTION TO AMEND ORDINANCE 6348-99 ON SECOND READING 1. Add new Section 5 to read as follows: Section 5. For 45 days followina adoption of this ordinance no application for rezonina. conditional use or variance shall be accepted. Development approval may be processed under the existing regulations if no variance. conditional use or rezonina is reauired. Where a complete application for development approval is pendina on the adoption of this Development Code. the provisions of the regulations in effect when the application was filed shall govern the review and approval of the application for development approval. provided that: 1. The application is approved within six (6) months of the date of adoption of this Development Code: and 2. Construction beains within six (6) months of the issuance of such approval and is diliaently pursued to completion. In the event within 6 months after the adoption of this Development Code. an approved use of 750.000 sa. ft. or more. existing on the date of the adoption of this Development Code. submits an application for development approval. for a substantial redevelopment of the existina use. and application of this Development Code to the proposed redevelopment would be more restrictive than the Land Development Code in existence immediately prior to adoption of this Development Code (the "Old Code"). then the applicant shall comply with the Development Code to the extent compliance does not render the proposed redevelopment commercially or economically unfeasible. in which event. and to such extent. the proposed redevelopment shall comply with the Old Code. 2. Renumber Sections 5 and 6 to Sections 6 and 7. 3. Add the following language at the end of new Section 7: The provisions of this ordinance shall take effect forty-five days after passage except Section 5 which shall take effect upon adoption. Pamela K. Akin City Attorney 1-21-99 . ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, January 21, 1999 - 6:00 P.M. - Commission Chambers . Invocation - Skycrest Baptist Church Minister. Pledge of Allegiance - Mayor. Service Awards - None. Introductions and Awards a) Proclamation: Junior League of Clearwater/Dunedin - 50th Anniversary - December 1998. Presentations a) Turkey Trot Awards - Iron Turkey to Public Works Administration; Stuffed Turkey to Human Resources Department. b) Beach Entryway Roundabout Progress Report - Given. Approval of Minutes - Regular Meeting 1211 0/98 - Approved as submitted. Citizens to be heard re items not on the Agenda 1 . 2. 3. 4. 5. 6. 7. Rov Cadwell welcomed the new year, congratulated Commissioner Seel re Governor appointing her to County Commission, and objected to utility charges while he lived elsewhere. Anne Garris reviewed the history of the Memorial Civic Center, noted the effects of its loss, and encouraged its timely replacement. Carl Waqenfohr submitted an article re roundabouts and said they should not be elliptically shaped. Rick Barber requested a list of guidelines re permitted signage. .1/21/99 PUBLIC HEARINGS Not Before 6:00 P.M. 8. Public Hearing & First Reading Ords. #6362- 99 & #6363-99 - Annexation & RS-8 Zoning for property located at 1220 Stockton Dr., Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-30) (PLD) 9. Public Hearing & First Reading Ords. #6364- 99 & #6365-99 - Annexation & RS-6 Zoning for property located at 2185 Burnice Dr., Glen Ellyn Estates, Lot 32 (David & Margaret Clark and David & Daria Warner, A98- 31 )(PLD) 10. (Cont. from 12/10/98) Public Hearing & First Reading Ord. #6361-99 - Vacating E % r-o-w of N. Prospect Ave., lying north of Laura Street and City's request to vacate W % r-o- w of N. Prospect Ave., lying north of Laura Street, subject to retaining a 10' drainage & utility easement (Theta Homes, V98-09)(PW) 8. Approved. Ords. #6362-99 & #6363-99 passed 1 st reading. 9. Approved. Ords. #6364-99 & #6365-99 passed 1 st reading. 10. Approved. Ord. #6361-99 passed 1 st reading. .11. Public Hearing & First Reading Ord. #6383- 99 - Vacating 5' Utility Easement lying along rear of Lots 1-13, Blk E, Hibiscus Gardens (Cleveland Plaza, Ltd., V99-01 )(PW) 12. Public Hearing & First Reading Ord. #6384- 99 - Vacating W 2.5' of 10' Drainage & Utility Easement lying along E side of Lot 473, Morningside Estates, Unit 6B, less northerly 5' (Dunham, V99-02)(PW) 13. Public Hearing & First Reading Ord. #6385- 99 - Vacating 3' x 20' Utility Easement lying along easterly lot line of Lot 37, Ambleside First Addition (Polglaze, V99-03)(PW) 14. Public Hearing - South Greenwood Neighborhood Police Substation & Family Service Center - accept donation of and declare surplus real property located at NW corner of S. Greenwood Avenue & Woodlawn Street from Community Service Foundation; waive $13,108 in city demolition & lot clearing liens; approve 1 year lease to Community Service Foundation to build a family center; authorize up to $100,000 in Capital Improvement Funds to build district . parking lot & landscaping; and approve a 30 year lease with Foundation Village Neighborhood Family Center, Inc. (PLD) 15. Public Hearing & Second Readinq Ord. #6348-99 - new Community Development Code (PLDl 16. Public Hearing & First Reading Ords. #6366- 99 & #6367-99 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 902, 904 & 906 Grant St., First Addition to Norwood, Blk B, Lots 1-3 (James & Bonnie Jackson, Ester Hunt, & Saint John Missionary Baptist Church of Clearwater, Inc., LUP98-11, Z98-13)(PLD) 17. Variance(s) to Sign Regulations for property (Winn Dixie) located in Northwood Plaza Shopping Center, 2514 McMullen Booth Road, Sec. 28-28-16, M&B 33.02 (John Hancock Life Insurance Co., SV98-24)(PLDl 18. Public Hearing & First Reading Ord. #6368- 99 - Readopting the Land Use Plan Amendment previously adopted by Ord. #6172-97, to Recreation/Open Space and .1/21/99 11. Approved. Ord. #6383-99 passed 1 st reading. 12. Approved. Ord. #6384-99 passed 1 st reading. 13. Approved. Ord. #6385-99 passed 1 st reading. 14. Donation accepted; property declared surplus; liens waived; CSF lease approved; funding for parking lot and landscaping authorized; and Foundation Village lease approved. 15. Ord. #6348-99 adopted as amended. 16. Approved. Ords. #6366-99 & 6367-99 passed 1 st reading. 17. Continued to 02/04/99. 18. Approved. Ord. #6368-99 passed 1 st reading. 2 . Preservation for property located at 2950 Drew Street, Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07)(CA) Public Hearing - Second Reading Ordinances 19. Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay Channel by approx. 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1) 20. Ord. #6354-99 - Annexation for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) 21. Ord. #6355-99 - RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28) 22. Ord. #6359-99 - Vacating N 5' of 10' Drainage & Utility Easement lying along south side of Lot 6, Blk H, Northwood Estates - . Tract F, less easterly 5' (Erickson, V98-07) ~ 23. Ord. #6360-99 - Vacating 10' Utility Easement lying along south side of Lot 16, Forest Estates (Cooley, V98-08) 24. Ord. #6371-99 - Submitting to the City Electors proposed non-substantive amendments to the City Charter 25. Ord. #6372-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 1.01 to transfer certain language contained in subsection (d) to subsection (a) and to clarify subsection (b) to allow the City to exercise its powers, perform its functions, and participate in the financing thereof, with any person as defined by law 26. Ord. #6373-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01 (d) regarding limitations on Commission power to eliminate charter restrictions on purchasing of goods and services; to increase amount of dredging permitted without referendum; to permit the .1/21/99 19. Ord. #6353-99 adopted. 20. Ord. #6354-99 adopted. 21. Ord. #6355-99 adopted. 22. Ord. #6359-99 adopted. 23. Ord. #6360-99 adopted. 24. Ord. #6371-99 adopted. 25. Ord. #6372-99 adopted. 26. Ord. #6373-99 adopted as amended. 3 sale, lease or donation of real property for less than appraised value; to limit leases of municipal property to 30 years; to eliminate the requirement of recapture and reverter clauses in leases; making certain non- substantive changes 27. Ord. #6374-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in addition to any partial term, and to provide that Commissioners shall be sworn in at the next Commission meeting following their election; and other non-substantive changes 28. Ord. #6375-99 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.07(e) and (f) to eliminate the Charter restrictions on Advisory Boards; amending Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to address advertising under the control of the candidates 29. Ord. #6376-99 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 7.02 to change the composition of the Charter Review Committee; to require that the charter amendments proposed by the committee be submitted directly to referendum 30. Ord. #6377-99 - Submitting to the City Electors a proposed amendment to the City Charter repealing Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum for revenue bond projects in excess of one million dollars . . .1/21/99 27. Ord. #6374-99 adopted. 28. Ord. #6375-99 adopted as amended. 29. Ord. #6376-99 denied. 30. Ord. #6377-99 adopted. 4 . . .1/21/99 CITY MANAGER REPORTS CONSENT AGENDA (Items #31-44) - Approved as submitted less Items #31 (lnterprint, Inc.) & #37. 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. 31. Approval of Purchases per 12/31/98 memorandum: Approved except Interprint Inc. purchase St. Petersburg Times, advertising services, 1/22/99-12/31/99, est. $30,000 (PCM) Coastline Equipment Company, Inc., one 1999 Case 580 Super L, tractor/backhoe/loader (previously approved addition) to be used by PW/Wastewater Collection, $42,563.65; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Bill Currie Ford, three 1999 Ford F-250 pickup trucks (1 replacement & 2 previously approved additions) with Knaphide utility bodies for use by Building & Maintenance, $64,872; funding to be provided under City's Master Lease-Purchase Agreement ($21,624) & cash ($43,248)(GSS) Maroone Chevrolet, three 1999 Chevrolet S-10 pickup trucks (replacement), $53,073; funding to be provided under City's Master Lease-Purchase Agreement ($39,073) & cash ($14,000) (GSS) Don Reid Ford, one 1999 Ford F-350 pickup trucks (replacement) with Knaphide utility bodies for use by PW/Water Distribution, $23,222; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Maroone Auto Plaza, two 1999 Chevrolet C3500 pickup trucks (replacement) for use by Parks Maintenance & Nursery, $42,466; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Kaiser Pontiac-Buick GMC, Inc., four 1999 GMC Sonoma compact pickup trucks for use by CGS Meter Readers, CGS Service & Repair & PW/Water, $48,017; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Don Reid Ford, one 1999 Ford Crown Victoria Police Pursuit Vehicle for use by Police Department, non-scheduled replacement for an accident destroyed vehicle, $24,465; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Oakhurst Construction, design, construction & installation of pre-manufactured metal building at E.C. Moore West Complex, $54,285.11 (QOL) Duval Ford, three 1999 Ford Taurus sedans (replacement) for use by Police/Criminal Investigation, $45,569; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Garber Buick-Pontiac-GMC Truck-Chevrolet-Geo, three 1999 Chevrolet Monte Carlo investigative vehicles (replacement), est. $46,482; funding to be provided under City's Master Lease-Purchase Agreement (GSS) M.T. Deason Company, gas materials (steel pipe & fittings), to be used throughout Gas System, 1/22/99-1/31/2000, est. $40,000 (GAS) Progressive Industrial, one 1999 Marina Work Boat, $66,000 (QOL) Rowland Inc., Northwood Area Traffic Calming Phase I, $38,073.64 (PW) 5 e- Interprint Inc., Clearwater Magazine for distribution to citizens of Clearwater, 1/22/99-10/31/99, est. $89,689 (a printing contract was awarded to Pinellas Press on 11/19/98 however contractor provided less than satisfactory magazine for 1 st issue; this award covers remaining three issues during fiscal year)(PCM) - CONTINUED TO DATE UNCERTAIN. Com ark Government Sales, one HP Netserver LH3 PII Mod 1 PED, computer hardware server for use at MSB by IT personnel, $44,994 (GSS) RDP Company, replacement & overhaul parts for heating elements used at NE Residuals processing Facility of WPC, $66,266 (PW) Bell Chevrolet, one 1999 Chevrolet CC15703 V2 ton pickup (replacement) for use by Police/Office of Professional Standards, $16,038; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Teeo, Inc., one 1999 Navistar 4700 truck (replacement) with aerial lift for use by PW/Urban Forestry, $83,157; funding to be provided under City's Master Lease-Purchase Agreement (GSS) . Gateway Chevrolet, two 1999 Chevrolet Lumina midsize sedans (replacement) for use by Police/Criminal Investigation, $29,624; funding to be provided under City's Master Lease- Purchase Agreement (GSS) Miracle Recreation Equipment Company c/o Miller Recreation Equipment and Design, Inc., purchase & installation of playground equipment (replacement) to be used at Holt/Martin Luther King Playground, $30,660.41 (QOL) Swartz Associates, Inc., purchase & installation of playground equipment (replacement) to be used at Coachman Ridge Park, $28,562.84 (QOL) Approve funding in the amount $ 21, 191 for one 1999 Dodge pickup truck through City's Master Lease-Purchase Agreement (This vehicle was purchased with an incorrect funding code, . however, was on the replacement list for the current fiscal year. The new vehicle has been received from Hill-Kelly Dodge, Inc.)(GSS) 32. Accept Quit Claim Deed for property located at 1108 N. Greenwood Ave., Greenwood Manor, N 32' of Lot 2 less road, Lot 4 less road, and E 65' of Lot 5, $11,397.66 (ED) 33. Contracts to: Prototype Inc., "Fleet Anywhere" fleet management software system, $142,800; Comark Government and Educational Sales, computer hardware, $est. $72,000; and Oracle Corp., database software, est. $30,000 - for total est. $244,800 (GS) 34. Agreement with Career Options of Pinellas, Inc., administer City's Summer Youth Employment Program, $150,000 (HM) 35. Approve $26,715.91 donation in 1998 PILOT Funds, paid to the City by Clearwater Housing Authority (CHA), to the Clearwater Homeless Intervention Project, Inc. (CHIP)(PD) 36. Purchase of one Chevrolet Suburban vehicle, Garber Chevrolet-GEO, Inc., utilizing funds available in 1997-98 Local Law Enforcement Block Grant awarded by US Dept. of Justice / Bureau of Justice Assistance, $28,669 (PD) 37. Contracts to Hootie and the Blowfish ($100,000) & The Beach Boys ($55,000) for concert performances on 3/26/99 & 3/28/99; approve est. budget of $311,440; and authorize $311,440 from Vision Funds (PR) - APPROVED with Beach Boys Contract of $60,000. 38. Approve recommendations, agreement & release of funds in the amount $50,000 for Clearwater Marine Aquarium improvements (TR) 39. Contract, in 3 counterparts, for 1,289 sq.ft. strip of r-o-w along west side of Madison Avenue, George W. Stone, Trustee, Sun Trust Bank Nature Coast, Trustee, & Sally Jo Forester, for $9,023 plus est. closing expenses of $675, for total not to exceed $9,698 (PW) 40. Sidewalk Contract 1998-99, Purvis Curbs Corp., $474,006.71 (PW) .1/21/99 6 Contract for Jeffords Street Lift Station #7 (Drainage, Gravity Sewer, Force Main & Water Main Improvements), Steve's Excavating & Paving, Inc., $737,000 (PW) Receipt/Referral - Relating to Building Permit Regulations; amending Ch. 47 by creating new Sec. 47.084 to require demolition fencing (PLD) Interlocal Agreement with Town of Belleair for City to provide building construction inspection services at the cost of $25 per inspection, 10/1/98-9/30/99 (PLD) Authorize hiring Paul Meissner of Carlson, Meissner, Webb, Dodson & Hart, P.A. for consulting on matters involving Police Department and potential civil rights litigation (CA) .41. 42. 43. 44. OTHER ITEMS ON CITY MANAGER REPORT 45. Clearwater Block Party Day - set date & name change 46. Res. #99-02 - Establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing; authorizing a Public Hearing; providing certain other matters in connection therewith (Bond Reimbursement for Housing Revenue Bonds - Oaks of Clearwater) (FN) 47. First Reading Ord. #6370-99 - Authorizing issuance of not to exceed $35 million Housing Revenue Bonds (BEF, Inc. Project) in . one or more series to be applied to pay a _. . portion of the cost of the acquisition and rehabilitation of the Oak Cove and Bluff Cove buildings; providing for payment of the bonds from the revenues of the project financed therewith and certain other legally available funds; authorizing approval of the form of the financing documents by resolution; making other covenants and agreements in connection therewith (FN) 48. Res. #99-12 - Establishing the intent to reimburse certain Infrastructure Sales Tax Revenue project costs incurred with proceeds of future tax-exempt financing (FN) 49. Contract for Clearwater Airpark installation of Runway & Taxiway Lighting System, H.L. Pruitt, Inc., $185,645.90 (PW) 50. Beautification Committee - 2 appointments (CLK) 51. Parks and Recreation Board - 1 appointment (CLK) 52. Other Pending Matters .1/21/99 45. Set for 04/10/99, 11 a.m. to 7 p.m. Name "Celebrate Clearwater Neighborhoods Day". 46. Res. #99-02 adopted. 47. Ord. #6370-99 passed 1 st reading. 48. Res. #99-12 adopted. 49. Approved. 50. Continued to 02/04/99. 51. Continued to 02/04/99. 52. None. 7 . CITY ATTORNEY REPORTS 53. Res. #99-03 - Supporting Pinellas Suncoast 53. Res. #99-03 adopted as amended. Transit Authority's efforts to obtain a permanent stop at Tyrone Square Mall 54. Res. #99-04 - Assessing property owners the 54. Res. #99-04 adopted. costs of having mowed or cleared owners' lots 55. Other City Attorney Items 55. None. 56. City Manager Verbal Reports - None. 57. Other Commission Action Clark. Hooper. Johnson. and Garvev congratulated Seel on her appointment to the County Commission, wished her well, and thanked her for her many contributions. Hooper said the Martin Luther King Day celebration had included a full day of activities and a well attended march. . Hooper said pending legislation related to Police/Fire pensions will have no cost effect on Florida cities. Johnson was pleased a toll will not be charged on the connection between the Courtney Campbell Causeway and Interstate 275 in Tampa. Johnson congratulated Lt. Tom Allegretti who was named Firefighter of the Year. Garvev invited the public to Saturday's Farmers Market at Station Square Park. See I stated this is her last meeting as a City Commissioner. She reviewed highlights of her tenure and thanked her family, the Commission and staff. 58. Adjournment - 11 :00 p.m. .1/21/99 8