04/20/2000CITY COMMISSION MEETING
CITY OF CLEARWATER
April 20, 2000
Present: J. B. Johnson Vice-Mayor/Commissioner
Ed Hooper Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Absent: Brian J. Aungst Mayor/Commissioner
Also present: Michael J. Roberto City Manager
Bill Horne Assistant City Manager
Pamela K. Akin City Attorney
Sue Diana Assistant City Clerk
Patricia O. Sullivan Board Reporter
The Vice-Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Jan Blissit of Trinity Presbyterian Church. The Vice-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: Administrative Professionals Week – April 23 – 29, 2000 and Administrative Professionals Day – April 26, 2000
ITEM #5 – Presentations – None.
ITEM #6 - Approval of Minutes
Commissioner Hooper moved to approve the minutes of the regular meeting of April 6, 2000, and the special meeting of April 6, 2000, as recorded and submitted in written summation by
the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Tom Sehlhorst expressed concern the new code limits business uses on North Myrtle Avenue.
John Lee, David Hogan, Fred Meyer, Bob Henion, Kevin Theisman, Joe Evich, and George Krause thanked the Fire Task Force for their efforts and expressed concern the presentation of Fire
Department needs at Tuesday’s budget meeting did not reflect Task Force recommendations.
Edward Ansel, Nicholas Fritch, and Herb McLaughlin requested the Commission support a 30-day minimum rental provision for residential properties.
Alex Merelli & Rick Ortega said the non-profit agency Uno Federation Services meets Latin American immigrant needs, is working to establish a center, and offered help to the City.
Keith Layden dislikes the roundabout. He said it hinders the movement of fire equipment.
Judy Melges expressed concern staff not approve private use of public lands without Commission input. The City Manager reported the permit application for the dock by the Flagship
property has been withdrawn.
John Doran stated the roundabout is functional and has improved the movement of traffic. He presented the City Manager with a roundabout game.
Jay Keyes invited residents to attend the May 7, 2000, roast of the City Manager.
It was stated the City Commission had created and appointed the Fire Task Force, which had submitted an excellent report verifying Fire Department needs. Concern was expressed Tuesday’s
Fire Department budget proposal did not reflect the Task Force’s recommended timeline for construction of a station in northwest Clearwater nor personnel increases. The City Manager
said the City Commission will begin making budget decisions in May. Disagreement with Fire Department budget assumptions was indicated. It was stated the Fire Department needs an established
funding source. It was requested the Fire Department separate public safety items from non-essential services. It was stated the City Commission had not accepted Tuesday’s budget recommendations.
The City Manager reviewed steps taken during the past year to rectify Fire Department deficiencies, including 8 new firefighter positions, 7 new pieces of equipment, and submission
of an order for an aerial truck. He noted the recommendation to adopt a fire fee to provide a dedicated revenue stream was not accepted. He said the budget has been proposed as a starting
point. Staff will present alternative revenue sources. The City Manager stated all needs must be balanced. Economic development is important to diversify the revenue stream.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading Ords. #6510-00, #6511-00 & #6512-00 - Annexation, Land Use Plan Amendment to Residential Low & LMDR Zoning, 1620 Stevenson's Dr., Stevenson's
Heights, Blk A, Lot 13 (John & Margaret Payne, A00-03)
The applicant has requested annexation and zoning of Low Medium Density Residential for 1620 Stevenson’s Drive to obtain garbage collection service. The Community Development Board
unanimously endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation and Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for
Lot 13, block A, Stevenson’s Heights in Section 10-2S-15E. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6510-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6510-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
The City Attorney presented Ordinance #6511-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6511-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
The City Attorney presented Ordinance #6512-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6512-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM # 9 - Public Hearing & First Reading Ords. #6513-00, #6514-00 & #6515-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to
Commercial General & Commercial Zoning, 2600 Block Belleair Road extension, Sec. 20-29-16, M&B 33.07 (Grand Bellagio at Baywatch Limited Partnership, A00-04)
The applicant has requested annexation of the 0.07-acre, 2600 block Belleair Road extension, on the northeast corner of the US 19N intersection to use as a sidewalk. The applicants
have paid the assessment and sewer impact fees for the entire development.
On July 16, 1998, the City annexed the 62.11-acre “Allen Creek Properties.” On September 23, 1999, the DRC (Development Review Committee) approved a site plan for 644 units. The subject
5-foot strip also belongs to the developer, Grand Bellagio at Baywatch Limited Partnership. This strip was not included in the initial annexation due to an oversight.
Commissioner Hooper moved to approve the Petition for Annexation and Land Use Plan Amendment to City Commercial General and Zoning Atlas Amendment to City Commercial (C) for part of
M&B 33/07 in Section 20-29S-16E. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6513-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6513-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
The City Attorney presented Ordinance #6514-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6514-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
The City Attorney presented Ordinance #6515-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6515-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM #10 - Public Hearing & First Reading Ords. #6523-00, #6524-00 & #6525-00 - Annexation, Land Use Plan Amendment to Residential Urban (upland area) and Preservation (wetland area)
& MDR Zoning (upland area) and Preservation Zoning (wetland area), 2155 Montclair Rd. ,Sec. 1-29-15, M&B 14.01 (Ascot Development Corp., A00-06)
The applicant has requested annexation and zoning of Medium Density Residential and Preservation for 2155 Montclair Road to obtain water and sewer service. The Community Development
Board unanimously endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation and Land Use Plan Amendment to City Residential Urban and Preservation and Zoning Atlas Amendment to City Medium Density
residential (MDR) and Preservation (P) for M&B 14/01 in Section 1-29S-15E. The motion was duly seconded and carried unanimously.
Two residents spoke in support of the proposed assisted living care facility.
The City Attorney presented Ordinance #6523-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6523-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
The City Attorney presented Ordinance #6524-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6524-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
The City Attorney presented Ordinance #6525-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6525-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM #11 - Public Hearing & First Reading Ords. #6527-00, #6528-00 & #6529-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to
Residential Low & LDR Zoning, 1400 Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., A00-05)
The applicant has requested annexation and zoning of City Residential Low for the 1400 Block of North Belcher Road and plans to construct multi-family housing on the 2-acre site. The
Community Development Board has endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation and Land Use Plan Amendment to Residential Low (RL) and a Zoning Atlas Amendment to Low Density Residential (LDR) for
the Northwest ¼ of the Northwest ¼ of Section 7, Township 29 South, Range 16 East lying 50 feet Southerly of and parallel to the CSX Railroad centerline less the West 55 feet thereof
(MB22/02). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6527-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6527-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
The City Attorney presented Ordinance #6528-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6528-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
The City Attorney presented Ordinance #6529-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6529-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM #12 - Public Hearing - First Reading Ord. #6522-00 - Amending Comprehensive Plan of the City as adopted on 11/16/89, including amendments to future land use, transportation/traffic
circulation, housing, utilities, coastal zone management, conservation, recreation and open space, intergovernmental coordination, and capital improvements elements; making substantive
changes as recommended in the Evaluation and Appraisal Report (EAR)
Staff has completed revisions to the City’s Comprehensive Plan based on State-mandated EAR (Evaluation & Appraisal Report) criteria and comments in the DCA (Department of Community
Affairs) issued ORC (Objections, Recommendations, & Comments) report. The Commission adopted the City’s Comprehensive Plan in 1989 and adopted the plan’s EAR in January 1998. Changes
reflect current conditions, policies and procedures, and relevant changes since the EAR’s creation.
In August 1999, the City Commission held a public hearing and approved transmittal of the Comprehensive Plan to State and regional agencies for comment and recommendations. The State-issued
ORC requested changes to the Comprehensive Plan based on DCA interpretation of State Law and rules.
In December 1999, the State transmitted the final ORC to the City. Staff worked with the DCA to clarify several objectives and policies, and revise amendments in Future Land Use, Coastal
Management, Transportation, Housing, Public Facilities, and Conservation elements. Significant amendments include addition of the Clearwater Transportation Improvement Program listing,
supplementary language regarding natural hazard mitigation, language to strengthen wetlands protection and monitor the transportation level-of-service for hurricane evacuation in the
Coastal High Hazard Area. The ORC, issued for all transmitted Comprehensive Plan Amendments, includes all major and minor comments.
Concern was expressed the report indicates the levels of service for all roadways in the City will deteriorate to between F and C by 2020. Assistant Planning Director Cyndi Hardin
said the City has shared these concerns with the MPO (Metropolitan Planning Organization), Pinellas County, and FDOT (Florida Department of Transportation). The City Manager said while
the Keene Road extension will improve north/south traffic, all road expansions negatively affect neighborhoods.
In response to a question, Ms. Hardin said staff had resolved a misunderstanding with the DCA regarding Clearwater beach. The City has not proposed any increase to the density plan
map or plan categories.
Commissioner Hooper moved to amend and make comprehensive changes to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6522-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6522-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
Public Hearing - Second Reading Ordinances
ITEM #13 - Ord. #6516-00 - Vacating W 3' of 10' utility easement lying along E side of Lot 22, East Druid Park, less northern 5' & southern 5' (Weaver, V00-03)
The City Attorney presented Ordinance #6516-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6516-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM #14 - Ord. #6519-00 - Vacating S 5' of 10' drainage & utility easement lying along N side of Lot 49, Countryside Tract 5, less eastern 5' (McCarthy, V00-04)
The City Attorney presented Ordinance #6519-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6519-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM #15 - Ord. #6533-00 - Relating to Interim Proprietary and General Services Fee; repealing Art. V, Ch. 29, Sec(s) 29.91-29.97, and amending Art. XX of Appendix A to repeal said tax
The City Attorney presented Ordinance #6533-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6533-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM #16 - Ord. #6535-00 - Relating to annexation, providing City of Clearwater shall not annex property south of Belleair Road through the close of the 2001 Florida Legislative Session
The City Attorney presented Ordinance #6535-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6535-00 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-29) – Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the
Consent Agenda to discuss and vote on the item individually.
ITEM #17 - Approval of Purchases per Purchasing Memorandum:
1) National Meter, 2nd & Final renewal, gas materials - meters & regulators, 5/1/00-4/30/01, estimated $49,700 (GAS)
2) M. T. Deason Company Inc., 2nd & final renewal, gas materials - meters & regulators, 5/1/00-4/30/01, estimated $106,400 (GAS)
3) Equipment Controls, 2nd & final renewal, gas materials - meters & regulators, 5/1/00-4/30/01, estimated $58,900 (GAS)
4) Key Controls, 2nd & final renewal, gas materials - meters & regulators, 5/1/00-4/30/01, estimated $56,800 (GAS)
5) Dawson Associates Inc., three chlorine & sulfur dioxide emission detectors systems, $50,857.60 (PW)
6) Hughes Supply, extension through 6/30/01, miscellaneous parts & supplies, estimated $45,000 (PW)
7) Don Reid, one 2000 Ford Taurus, replacement, $15,725; financing to be provided under City's Master Lease-Purchase Agreement (GS)
8) Amnat International, roof coating service, public services buildings, $79,622 (GS)
9) Volt Telecommunications Group, installation of gas mains, SR 54 from Little Road to Longleaf Sub., estimated $98,500 (GAS)
10) Astro Bus Service, 1st of 2 options available, charter bus & van service, 6/1/00-5/31/01, estimated $42,000 (PR)
11) Momar Inc., miscellaneous laboratory supplies & sole source chemicals, 4/21/00-6/30/01, estimated $40,000 (PW)
ITEM #18 - Agreement with Clearwater Housing Authority, additional police services to Jasmine Courts & Homer Villas, April 2000-April 2002, in exchange for $66,160 in federal grant funding
(PD)
ITEM #19 - Amendment to Agreement with Pinellas County re metered parking in various County-owned parking lots (PW)
ITEM #20 - Second Amendment to Cooperative Agreement with SWFWMD & Pinellas County, design & construction of Watershed Rehabilitation Project at Hercules Avenue & Allen's Creek (PW)
ITEM #21 - Cooperative Agreement with SWFWMD providing funding of project costs up to $1,100,000 for replacement of reclaimed water transmission main crossing Intracoastal Waterway and
increasing reclaimed water pumping capacity at Marshall Street APC Facility (PW)
ITEM #22 - Work Order with McKim & Creed for design, construction engineering & inspection services for Reclaimed Water and Potable Water System Improvements, $236,600 (PW)
ITEM #23 - Amendment to Agreement with Post, Buckley, Schuh & Jernigan, Inc., professional engineering services, extending term of service to August, 2003 (PW)
ITEM #24 - Final Plat for PCB Center, 2475 Sunset Point Road, lying west of Florida Power r-o-w (PW)
ITEM #25 - Approve acceptance of Deed in Lieu of Foreclosure from Hattie R. Jones, 1208 N. Garden Ave., Enghurst Addition to Clearwater, Lot 11, cancellation of $34,500 mortgage (PLD)
ITEM #26 - Subrecipient Contract with Homeless Emergency Projects, Inc., renovate housing units at 1307 & 1212 N. Garden Avenue and 309 & 310 Vine Street, transitional housing for homeless,
$38,216 (PLD)
ITEM #27 - Sidewalk Easement - SW corner of Laura Street & Myrtle Avenue, portion of Blk 4, Mrs. Sarah McMullens Sub. (Clearwater Storage Company, L.L.C.)(CA)
ITEM #28 - Authorization to submit Offer of Judgement - City v. McKim & Creed, et al. (CA)
ITEM #29 - Authorization to retain outside counsel for James Cabaniss in Cason v. City lawsuit (CA)
Commissioner Hooper moved to approve the Consent Agenda as submitted 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 #30 - First Reading Ord. #6534-00 - Amending Art. XIX of Appendix A, Code of Ordinances, relating to Schedule of Fees, Rates and Charges for Streets, Sidewalks, Other Public Places;
fee increase from $7.50 per day to $10 per day for daily use of revenue generating parking spaces (PW)
Staff receives numerous requests for temporary use of revenue generating parking spaces throughout the City due to construction projects, special events, or special needs. The Code
of Ordinances, Appendix A – Schedule of Fees for use of revenue generating parking spaces is based on the current daily fees of metered parking. In May 1999, the City Commission approved
a parking rate increase for metered parking lots and streets on Clearwater beach. Installation of the new equipment to support the rate increase began in March 2000. The amendment
to the schedule of fees reflects the adjusted daily parking rate.
Commissioner Clark moved to approve a fee increase from $7.50 per day to $10 per day for daily use of revenue generating parking spaces according to Article XIX of Appendix A, Code
of Ordinances, relating to Schedule of Fees, Rates and Charges for Streets, Sidewalks, Other Public Places. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6534-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6534-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM #31 - Approve City's State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan for State Fiscal Years 2000/01, 2001/02 & 2002/03; Res. #00-14 - Accepting recommendations
of City's NAHAB and adopting the LHAP for the City in accordance with SHIP program provisions (PLD)
In July 1992, the Florida legislature created the SHIP (State Housing Initiative Partnership) program for the State to share with local governments, revenues collected from the documentary
stamp tax on deeds. Local governments determine how to use these funds to meet State affordable housing goals. In each of the next 3 fiscal years, the City will receive
$854,299. Program funds must be used to support the construction, rehabilitation, and preservation of affordable housing.
The City’s plan provides strategies and projections for each of the 3 years. The plan abides by Ordinance #5410-93, which created a housing assistance trust fund, requiring the Commission
to adopt a housing assistance plan, designate administrative responsibility, and create an affordable housing advisory committee. The plan outlines current and future initiatives to
improve the City’s housing stock. Community input helped develop the plan. NAHAB (Neighborhood & Affordable Housing Advisory Board) reviewed and approved the plan unanimously.
Assistant Housing Director Nina Bandoni complimented Loan Officer Linda Byars who had written the plan.
One citizen opposed plan language, which limits program participants from paying closing costs greater than 3% of the home’s price.
Ms. Bandoni said Pinellas County cities had worked together to standardize language and create Countywide consistency for programs which underwrite down payment assistance. In February
2000, the representatives met and made several changes to reflect the current marketplace. Limits to closing costs were instituted to avoid predatory lending practices. A large number
of major banks and lenders, which participate in Affordable Housing Programs, have indicated this issue is not a problem. In response to a question, she said some banks retain affordable
housing loans in their portfolios and do not charge private mortgage insurance. Ms. Bandoni said on February 18, 2000, following a thorough discussion of these issues, NAHAB had recommended
approval of the plan.
The City Manager said staff will facilitate a meeting with the citizen and contact other lenders regarding this issue. Ms. Bandoni said staff had conducted meetings with lenders and
related agencies prior to discussions with NAHAB.
Commissioner Clark moved to establish the City’s SHIP (State Housing Initiative Partnership) LHAP (Local Housing Assistance Plan) for State FY (fiscal years) 2000/01, 2001/02, and 2002/03.
The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #00-14 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-14 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Hart.
"Nays": None.
Absent: Aungst.
ITEM #32 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #33 - Other City Attorney Items - None.
ITEM #34 - City Manager Verbal Reports - None.
ITEM #35 - Other Commission Action
The Commission offered their condolences to John Lee on the passing of his father.
The Commission encouraged residents to attend Town meetings on April 27, 28, and 29, 2000 at the Harborview Center regarding a Downtown master development plan.
ITEM #36 - Adjournment
The meeting adjourned at 8:03 p.m.