06/01/2000
CITY COMMISSION MEETING
CITY OF CLEARWATER
June 1, 2000
Present: Brian J. Aungst Mayor/Commissioner
J. B. Johnson Vice-Mayor/Commissioner
Ed Hooper Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Also present: Michael J. Roberto City Manager
Bill Horne Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Rabbi Arthur Baseman of Temple B’Nai Israel. 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
a)
Employee of the Month - May 2000
Muhammed Abdur-Rahim, Public Services, was presented the May 2000 Employee of
the Month award.
b)
Certificates of Appreciation to Fire Task Force Members
Certificates of Appreciation were presented to Fire Task Force Members: Joe Calio,
Rowland Herald, Bill Horne, George Krause, John Lee, William Sherman, Jean Stuart, Duke
Tieman, and Doug Williams. Certificates for Fire Task Force Members Joe Evich, Russ
Kimball, Scott Nall, and Bill Schwob to be forwarded.
ITEM #5 – Presentations – None.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of May
18, 2000, as corrected by the City Clerk, and the special meeting of May 23, 2000, as recorded
motion
and submitted in written summation by the City Clerk to each Commissioner. The was
carried
duly seconded and unanimously.
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ITEM #7 - Citizens to be heard re items not on the Agenda
Rex Clark, Wayne Rommel, Jeff Rommel, Scott Wintrip, Angel Santiago, Bob
Bickerstaffe, Beth Goodgame, and Mike Rommel support the Downtown Master Plan and the
July 11, 2000 referendum.
Anne Garris and Jim Ficken, oppose the Downtown Master Plan.
The City Attorney said the final agreement will include details regarding City controls on
assignment of the lease. Staff will post a copy of the ordinance on the Internet and can fax
copies upon request. Copies of the ordinance also will be available at the polls.
Tom Nucera reported a Liberty Tree will be planted on July 4, 2000. He recommended
a building moratorium until the drought has abated.
John Doran complimented staff regarding the reclaimed water project being installed on
Clearwater beach.
PUBLIC HEARINGS
Ords. #6549-00, #6550-00 #6551-00
ITEM #8 - Public Hearing & First Reading - Annexation
(& redefining boundary lines of City to include said addition), Land Use Plan Amendment to
Residential/Office/Retail & Commercial Zoning, 1721 Coachman Plaza Dr. (proposed), Sec. 5-
Superstar Tire Store of Clearwater, Inc.
29-16, M&B 33.052 (, A00-11)
The applicant has requested annexation to receive City sewer service. The property at
1721 Coachman Plaza Drive will have a Land Use Plan designation of Residential/Office/Retail
and zoning of Commercial (C). The Community Development Board unanimously endorsed
the request.
Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan
Amendment to Residential/Office/Retail and Zoning Atlas Amendment to Commercial (C) for
motion carried
M&B 33/052 in Section 5-29S-16E. The was duly seconded and unanimously.
The City Attorney presented Ordinance #6549-00 for first reading and read it by title
only.
Commissioner Hooper noted that the title was incorrect and moved to amend the
Ordinance to read, “. . . located on the east side of Coachman Plaza Drive, approximately 400
feet north of State Road 590, . . .” and pass Ordinance #6549-00 on first reading as amended.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
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"Nays": None.
The City Attorney presented Ordinance #6550-00 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6550-00 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6551-00 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #6551-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6526-00
ITEM #9 - Public Hearing & First Reading - comprehensive amendments to the
Community Development Code
The new Community Development Code, effective on March 8, 1999, was designed to
encourage desired development and redevelopment and provide property owners with
measured flexibility regarding the use and intensity of uses and bulk standards. Staff recorded
inconsistencies, deficiencies, and problems, and collected comments from staff, design and
development professionals, contractors, and residents.
Article 1 –
Staff recommends amendments to the Community Development Code:
General Provisions
- 1) add language to the Purpose Section to enhance the quality of life of
all residents & property owners of the City;
Article 2 – Zoning Districts
– 2) permit parks & recreational facilities as flexible
development uses in residential zoning districts & minimum or flexible standard uses in
commercial zoning districts; 3) create more flexibility in setbacks for particular uses, primarily in
nonresidential districts, & establish criteria for the added flexibility; 4) restrict height of
residential infill projects in the High Density Residential district to 80 feet unless located on
Clearwater Bay; 5) add standards to be consistent with Countywide rules; 6) permit new uses,
such as limited vehicle service, light assembly, limited vehicle sales & display, & mixed use; 7)
eliminate Mixed Use District in its entirety;
Article 3 – Development Standards
– 8) increase percentage of gross floor area
allowed for accessory uses; 9) revise dock provisions to be more consistent with the Pinellas
County Water & Navigational Control Authority; 10) Fences – a) reorganize fence section; b)
provide guidance for location of fences on corner & double frontage lots; c) revise landscape
requirements for chain-link fences; d) permit fences within setback on all waterfront lots
whereas fences only were permitted on residential property; e) permit deviations from fence
requirements for public projects pursuant to Level One (flexible standard) approval; & f) require
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a 4-foot fence enclosing swimming pools; 11) provide for density & intensity averaging on any
unified site with different land use categories; 12) n/a;13) prohibit rental of residentially zoned
dwellings for less than 31 days, to be consistent with Countywide rules; 14) permit multi-stand
newsracks to be side by side for a distance of 6 feet, provided separation of 300 feet is
maintained between multi-stand newsracks; 15) Parking – a) prohibit semi-trailer trucks & cabs
from being parked on residentially zoned property; b) prohibit commercial vehicles from being
parked on commercial property unless affiliated with that property; & c) prohibit parking on
grass in front setback of residentially zoned properties if alternative paved areas exist; 16)
eliminate cap on maximum parking on a site; 17) clarify triggers for compliance with
landscaping & parking requirements; 18) Landscaping – a) allow 25% tree replacement credit
for undeveloped multi-family & commercial properties; b) require tree removal permit for palms
with 10-foot clear & straight trunks; c) establish minimum number of trees required on single- &
two-family properties instead of requiring tree replacement on inch per inch basis; d) increase
tree replacement costs by $6 to $48/inch of DBH (diameter at breast height); & e) incorporate
additional tree protection measures; 19) allow 25% more signage on nonresidential sites for
monument signs versus freestanding pole signs; 20) permit monument signs, in addition to
attached signs, in Tourist & Downtown Districts; 21) permit changeable message signs to be
changed once every 6 hours; 22) prohibit temporary uses independent of principal site use;
23) permit portable storage units on any property for 96 hours unless associated with a
construction permit & restrict signage on such units to one sign face not exceeding 12-square
feet, and require a sticker on the unit indicating the date on which the unit was located on a
property;
Article 4 – Development Review Procedures
– 24) increase notice requirement for
flexible standard cases from abutting properties to those within 200 feet & to registered
neighborhood associations; 25) require land use & rezoning cases to be heard by the City
Commission within 6 months of CDB meeting or case shall be deemed withdrawn; 26) permit
cases to be amended during approval process provided amendments are less intensive than
original application. If case is amended to be more intensive, case shall be readvertised &
process restarted from the beginning; 27) delete requirement that applicants submit a
summary of evidence, list of witnesses, & disclose all related reports 10 days prior to the public
hearing; 28) increase required percentage of homeowner signatures from 50% to 60% to
initiate neighborhood conservation overlay designation. Require neighborhood to educate its
property owners & residents of overlay regulations & require neighborhood participation in
enforcement; 29) restrict amount of development rights that can be transferred. Prohibit
transfer of development rights to properties zoned LDR or LMDR, & revise transfer distance
limitation from a 1-mile radius to allow transfers between barrier island properties only &
between mainland properties only;
Article 6 – Nonconformity Provisions
– 30) permit properties with nonconforming
densities to be reconstructed with the same density, provided all other code requirements are
met; and
Article 8 – Definitions & Rules of Construction
– 31) add definitions of permitted
uses, delete definitions for terms not in the Code, & revise definitions to be more concise.
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In reference to Article 3 – Development Standards –13) which proposed to prohibit
rental of residentially zoned dwellings for less than 31 days, to be consistent with Countywide
rules, staff recommends the City Commission defer action. Staff is working with area
condominium associations, the Pinellas Planning Council, Board of Realtors, etc.
Consensus was to defer consideration of an amendment to prohibit the rental of
residentially zoned dwellings for less than 31 days.
Based on City Commission comments, staff prepared alternative language for: 1.)
setbacks for parking lots; 2.) portable storage units; 3.) fence requirements; 4.)
telecommunication towers; and 5.) temporary yard signs. Staff also recommends Commission
approval of eight additional amendments to Ordinance #6526-00: 6.) retail sales & services in
Institutional District; 7.) Social & Community Centers & Social/Public Service Agencies; 8.)
portable storage units; 9.) accessory structures; 10.) transfer of development rights; 11.)
marina/marina facilities; 12.) signs; and 13.) applications for development approval.
Six people spoke regarding proposed changes. Expressed concerns related to
business needs to display merchandise outside, need for building moratorium during drought
conditions, increased height for telecommunication towers, yard signs with commercial
purposes in residential neighborhoods, insufficient tree mitigation, and severe window sign
restrictions. Support was expressed to increase heights of accessory structures and
restrictions on portable storage units.
The City Attorney said a building moratorium is difficult to establish, has serious
impacts, requires concurrency requirements, and cannot be automatic.
1.) SETBACKS FOR PARKING LOTS
Recommended language allows the reduction of the front setback of parking lots to 15
feet based on conditions.
Commissioner Clark moved to approve an amendment to Ordinance #6526 related to
parking lot setbacks: add footnote to flexible standard development tables for Commercial,
Office, & Industrial, Research, & Technology Districts (Tables 2-703, 2-1003, & 2-1303) and to
flexible development table for Industrial, Research, & Technology District (Table 2-1304) to
allow reduction of front setback to 15 feet for parking lots, provided reduction results in
improved site plan, or improved design and appearance, and landscaping in excess of
minimum required, and land area is not sufficient to accommodate full setback requirement.
motion carried
The was duly seconded and unanimously.
2.) PORTABLE STORAGE UNITS
Recommended language would reduce signage for portable storage units to 12 inches
by 18 inches and limit the time units may be located on a property, with no additional
provisions for units associated with active building permit.
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Bill Ash, with PODS (Portable On Demand Storage), said his firm had worked with staff
on portable storage unit regulations. He agreed to smaller signage but requested a 6- to 12-
month grace period as all units cannot be retrofitted at one time. He requested signage be
allowed on 2 sides, with one side facing a structure. He said his firm works with staff regarding
complaints. It was stated some user circumstances may require units to remain onsite for
more than 96 hours. It was suggested the time limit be 48 hours, the same as for motor
homes.
In response to a question, Ralph Stone, Planning Director, said sites may have no
more than one portable storage unit and one dumpster, used for material disposal. The City
Manager emphasized that code enforcement processes can be lengthy and removal of units
may not occur immediately upon notification of a violation. Concern was expressed regarding
passing restrictions that are difficult to enforce. Mr. Ash said unit contracts allow his firm to
remove units from private property within one day of the City notifying the company of a
violation and the contracts will include information regarding the ordinance restrictions. In
response to a question, Mr. Stone said residential reconstruction projects average 3 to 6
months. Jeff Kronschnabl, Development Services Director, estimated 200 permits are active at
any one time. He complimented PODS, Inc. for partnering with the City regarding issues of
concern. It was recommended sign reduction be phased in over 9 months.
Commissioner Hooper moved to approve amendments related to Portable Storage
Units: 1) reduce allowed signage for portable storage units in Sections 3-2103(B)(3)(f) and 3-
2103(C)(2) from 12 square feet to 12 inches by 18 inches, allowing a 9 month phase-in from
the effective date (6/29/00) of the Ordinance, and 2) limit time portable storage units may be
motion
located on a property to 96 hours or for the life of an active building permit. The was
carried
duly seconded and unanimously.
3.) FENCE REQUIREMENTS
Recommended language removes regulations now addressed by State law.
Commissioner Johnson moved to approve an amendment related to fence
requirements: 1) eliminate regulations requiring new swimming pools to be enclosed
completely with a 4-foot high fence in Section 3-807(A) and 2) eliminate added language in
motion
Section 3-904 (B) regarding required fences around swimming pools. The was duly
carried
seconded and unanimously.
4.) TELECOMMUNICATION TOWERS
Recommended language allows telecommunication towers to be increased by 25 feet if
the additional height eliminates the need for an additional tower.
mcc06a00 6 06/01/00
Mr. Stone said approval of additional height requires a public hearing and notification of
properties within 500-feet of the tower. The City’s consultant recommended a 25-foot increase
would be sufficient. The intent of the change is to minimize the number of towers.
Commissioner Hooper moved to approve an amendment related to telecommunication
towers to revise proposed language in Section 3-2001 (D)(4)(a) to allow telecommunication
towers up to 25 feet of additional height if the need for additional towers would be eliminated.
motion carried
The was duly seconded and unanimously.
5.) TEMPORARY YARD SIGNS
It was recommended residents be able to display signs for a total of 90 days per
calendar year. It was noted the law cannot differentiate between political and other signs. The
City Attorney said if problems related to commercial signs occur, the Commission can amend
the Code be more restrictive regarding commercial signs.
Commissioner Clark moved to approve an amendment related to temporary yard signs:
increase duration of temporary signs during a one-year period on residential properties from
motion
60 days to 90 days. The was duly seconded. Commissioners Clark and Hooper and
carried
Mayor Aungst voted “Aye”; Commissioners Johnson and Hart voted “Nay.” Motion .
6.) RETAIL SALES & SERVICES IN INSTITUTIONAL DISTRICT
Recommended language eliminates retail sales and services in the Institutional District
and ensures consistency with Countywide Rules.
Commissioner Hart moved to approve an amendment related to retail sales and
services in Institutional District to eliminate proposed change to Section 2-1203(M), retail sales
& services in Institutional District (p. 2-156), to ensure consistency with Countywide Rules and
to retain current code, which allows retail only as an accessory use in the Institutional District.
motion
The was duly seconded. Commissioners Johnson, Clark, Hooper, and Hart voted
carried
“Aye”; Mayor Aungst was absent. Motion .
7.) SOCIAL & COMMUNITY CENTERS & SOCIAL/PUBLIC SERVICE AGENCIES
Recommended language differentiates social and community centers such as the
Garden Club from social/public service agencies such as the Salvation Army.
Commissioner Hooper moved to approve an amendment related to social and
community centers and social/public service agencies: 1) add social & community centers, and
social/public service agencies as new flexible development uses in Section 2-1204 - Flexible
Development; 2) add flexibility criteria and reletter subsection (p. 2-159); 3) add social/public
service agencies in Commercial District as flexible development use in Table 2-704 (pp. 2-66 –
2-68); 4) add flexibility criteria for social/public service agencies to Section 2-704 and reletter
sections (p. 2-79); 5) add social/public service agencies in Downtown District as flexible
development use in Table 2-903 (pp. 2-114 – 2-115); 6) add flexibility criteria for social/public
mcc06a00 7 06/01/00
service agencies to Section 2-903 and reletter section (p. 2-123); 7) add social/public service
agencies in Industrial, Research, & Technology District in Table 2-1304 (p. 2-158); 8)flexibility
criteria for social/public service agencies in Section 2-1304 and reletter section (p. 2-171); and
9) add definitions of social & community center and social/public service agency to Section 8-
motion carried
102 (p. 8-36). The was duly seconded and unanimously.
8.) PORTABLE STORAGE UNITS
Recommended language limits the number of times a year a unit can be onsite,
establishes a size limit, and addresses storm safety and enforcement.
Commissioner Johnson moved to approve an amendment related to portable storage
units: 1) revise Section 3-2103 by adding a limit of 4 times a year that a unit is permitted on a
property (p. 3-123); 2) to Section 3-2103 (B)(3) (p. 3-124), add dimensional provisions for
maximum 8-feet high, 8-feet wide, and 16-feet long; 3) add two new subsections to Section 3-
2103 (B)(3) regarding storm safety and enforcement (p. 3-124); and 4) add new provisions
motion carried
regarding duration to Section 3-2103(C)(2). The was duly seconded and
unanimously.
9.) ACCESSORY STRUCTURES
Recommended language allows increased height with notification of surrounding
properties. Staff has received only one related request in the past year. Staff approval can be
appealed to the Community Redevelopment Board.
Commissioner Clark moved to approve an amendment related to accessory structures
to add provisions to increase accessory structure height up to 20 feet through staff approval
motion carried
process in Section 3-201(B)(8) (p. 3-12). The was duly seconded and
unanimously.
10.) TRANSFER OF DEVELOPMENT RIGHTS
Recommended language changes transfers of development rights from a one mile
radius to districts: 1) islands and 2) mainland. Transfers are limited to commercial and multi-
family properties and a cap is established at 20% of development potential. Only 20% of the
originating property’s development potential can be transferred. The originating property must
be developed.
It was recommended 4 districts be established to limit transfers of development rights
to: 1) mainland only; 2) Sand Key only; 3) Clearwater beach only; and 4) Island Estates only.
Commissioner Johnson moved to approve an amendment related to transfer of
development rights to add to Section 4-1403(A) (p. 4-63) so that a development right, which
has been transferred, may be used to develop another parcel if approved by the Community
Development Board as a Level Two approval in accordance with applicable standards of the
district and conditions: 1) transfers limited to within mainland district or within island district; 2)
transfers limited to commercial and multi-family properties; 3) establish 20% development
mcc06a00 8 06/01/00
potential cap that can be transferred to or from a property; and 4) originating property must be
motion
developed. The was duly seconded. Commissioners Johnson, Clark, Hooper, and
carried
Mayor Aungst voted “Aye”; Commissioner Hart voted “Nay.” Motion .
11.) MARINA/MARINA FACILITIES
Recommended language allows marina uses downtown and includes 10 performance
standards.
Commissioner Clark moved to approve an amendment related to marina/marina
facilities: 1) add marinas/marina facilities to Table 2-903 as a permitted flexible development
use in the Downtown District (pp. 2-114 – 2-115) and 2) add a new subsection to Section 2-
motion carried
903 and reletter subsections (p. 2-119). The was duly seconded and
unanimously.
12.) SIGNS
Recommended language clarifies that temporary sign covers are not allowed and adds
related descriptions to Section 3-1803, Prohibited Signs (p. 3-94).
The City Manager said some businesses display temporary signs for long periods of
time. Concern was expressed signs cannot be replaced within 30 days. Staff will recommend
time limits for differing circumstances.
Consensus was to defer consideration of an amendment related to temporary signs.
13.) APPLICATIONS FOR DEVELOPMENT APPROVAL
Recommended language clarifies that a review of elevations is a critical component of
residential infill or comprehensive infill development projects,
Commissioner Hooper moved to approve an amendment related to applications for
development approval to 1) add new subsection to Section 4-202(A)(9) (p. 4-5); 2) add new
subsection to Section 4-202(A)(11) (p. 4-7) and 3) add language to Section 4-202(A)(12)(23)
motion carried
(p. 4-8). The was duly seconded and unanimously.
Discussion ensued regarding tree mitigation requirements. It was recommended staff
begin tracking tree removal.
In response to a question, the City Clerk said, to her knowledge, the Code has never
required a radius larger than 200 feet for notification of property owners. Staff adheres to a
policy, which provides for notification of property owners within 500 feet and homeowners
associations in the area.
Opposition was expressed to staff recommendation to amend Article 3 – Development
Standards, #15c to prohibit parking on the grass in the front setback of residentially zoned
properties and the limitation of signage to 4 square-feet per window. The City Manager said
staff receives many complaints related to unkempt residential properties with vehicles parked
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on the front setback, aggravating poor landscape conditions, reducing neighborhood property
values, breaking City sidewalks. It was felt the prohibition is too sweeping and would be
difficult to enforce.
Commissioner Hooper moved for Article 3 – Development Standards of the Community
Development Code to remain silent on the issue of parking vehicles on the grass in the front
setback of residentially-zoned properties. The motion was duly seconded. Commissioners
Johnson, Hooper, and Hart voted “Aye”; Commissioner Clark and Mayor Aungst voted “Nay.”
carried
Motion .
Consensus was to defer action regarding the size of window signage. The City
Attorney said current restrictions will remain in effect.
The City Attorney presented Ordinance #6526-00 as amended for first reading and
read it by title only. Commissioner Clark moved to pass Ordinance #6526-00 as amended.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Aungst.
"Nays": Hart.
Motion carried
.
The Commission recessed from 8:09 to 8:30 p.m.
Ords. #6554-00 & #6555-00
ITEM #10 - Public Hearing & First Reading - Land Use Plan
Amendment to Residential/Office Limited & Office Zoning, 2750 Sunset Point Rd., The Elks,
BPOE Lodge 1525 / Cornerstone Communities, Inc.
portion of Lot 1 (, Z00-03)
Regarding the approximately 0.99-acre site at 2750 Sunset Point Road, the applicant
has requested a Land Use Plan Amendment from Institutional (I) to Residential/Office Limited
(R/OL) and a zoning change from Institutional (I) to Office (O). The applicant proposes to
develop an office building on the vacant site used for overflow parking from the Elk’s Lodge.
The Community Development Board unanimously endorsed the request.
In response to a question, Assistant Planning Director Cyndi Hardin said the property
can be accessed off Sunset Point Road or Soule Road.
Commissioner Johnson moved to approve a Land Use Plan Amendment from
Institutional (I) to Residential/Office Limited (R/OL) and a Zoning Atlas Amendment from
Institutional (I) to Office (O) for a portion of Lot 1, The Elks, Plat Book 95, page 90. The
motion carried
was duly seconded and unanimously.
The City Attorney presented Ordinance #6554-00 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance #6554-00 on first reading. The motion
was duly seconded and upon roll call, the vote was:
mcc06a00 10 06/01/00
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6555-00 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6555-00 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
Ord. #6523-00Ascot
ITEM #11 - - Annexation, 2155 Montclair Rd., Sec. 1-29-15, M&B 14.01 (
Development Corp.
, A00-06)
The City Attorney presented Ordinance #6523-00 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6523-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6524-00
ITEM #12 - - Land Use Plan Amendment to Residential Urban (upland area)
Ascot
and Preservation (wetland area), 2155 Montclair Rd., Sec. 1-29-15, M&B 14.01 (
Development Corp.
, A00-06)
The City Attorney presented Ordinance #6524-00 for second reading and read it by title
only. Commissioner Hart moved to pass and adopt Ordinance #6524-00 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6525-00
ITEM #13 - - MDR Zoning (upland area) and Preservation Zoning (wetland
Ascot Development Corp.
area), 2155 Montclair Rd., Sec. 1-29-15, M&B 14.01 (, A00-06)
The City Attorney presented Ordinance #6525-00 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6525-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
mcc06a00 11 06/01/00
"Nays": None.
Ord. #6531-00
ITEM #14 - - Vacating 40' r-o-w of Bay Avenue, lying north of Sadler St. &
Morton Plant Mease Health Care
south of Jeffords St. (, V00-05)
The City Attorney presented Ordinance #6531-00 for second reading and read it by title
only. Commissioner Clark moved to pass and adopt Ordinance #6531-00 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6536-00
ITEM #15 - - Annexation (& redefining boundary lines of City to include said
Dorothy Scott
addition), 1243 Brookside Dr., Sec. 24-29-15, M&B 21.01 (, A00-10)
The City Attorney presented Ordinance #6536-00 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6536-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6537-00
ITEM #16 - - Land Use Plan Amendment to Residential Low (upland area) and
Dorothy Scott
Preservation (wetland area), 1243 Brookside Dr., Sec. 24-29-15, M&B 21.01 (,
A00-10)
The City Attorney presented Ordinance #6537-00 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6537-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6538-00
ITEM #17 - - LDR and Preservation Zoning, 1243 Brookside Dr., Sec. 24-29-
Dorothy Scott
15, M&B 21.01 (, A00-10)
The City Attorney presented Ordinance #6538-00 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6538-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
mcc06a00 12 06/01/00
"Nays": None.
Ord. #6539-00
ITEM #18 - - Annexation (& redefining boundary lines of City to include said
Lois Quale
addition), 1513 Country Lane East, Country Lane, Lot 7 (, A00-09)
The City Attorney presented Ordinance #6539-00 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6539-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6540-00
ITEM #19 - - Land Use Plan Amendment to Residential Low, 1513 Country
Lois Quale
Lane East, Country Lane, Lot 7 (, A00-09)
The City Attorney presented Ordinance #6540-00 for second reading and read it by title
only. Commissioner Hart moved to pass and adopt Ordinance #6540-00 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6541-00
ITEM #20 - - LMDR Zoning, 1513 Country Lane East, Country Lane, Lot 7
Lois Quale
(, A00-09)
The City Attorney presented Ordinance #6541-00 for second reading and read it by title
only. Commissioner Clark moved to pass and adopt Ordinance #6541-00 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6542-00
ITEM #21 - - Annexation (& redefining boundary lines of City to include said
Rose & Beverly Jordan
addition), 1224 Stockton Dr., Stevenson's Heights, Blk C, Lot 9 (, A00-
08)
The City Attorney presented Ordinance #6542-00 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6542-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
mcc06a00 13 06/01/00
Ord. #6543-00
ITEM #22 - - Land Use Plan Amendment to Residential Low, 1224 Stockton
Rose & Beverly Jordan
Dr., Stevenson's Heights, Blk C, Lot 9 (, A00-08)
The City Attorney presented Ordinance #6543-00 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6543-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6544-00
ITEM #23 - - LMDR Zoning, 1224 Stockton Dr., Stevenson's Heights, Blk C, Lot
Rose & Beverly Jordan
9 (, A00-08)
The City Attorney presented Ordinance #6544-00 for second reading and read it by title
only. Commissioner Hart moved to pass and adopt Ordinance #6544-00 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6545-00
ITEM #24 - - Annexation (& redefining boundary lines of City to include said
Greater Clearwater
addition), 1545 S. Belcher Rd., Sec. 19-29-916, M&B 33.05 & 33.07 (
Association of Realtors
, A00-07)
The City Attorney presented Ordinance #6545-00 for second reading and read it by title
only. Commissioner Clark moved to pass and adopt Ordinance #6545-00 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6546-00
ITEM #25 - - Land Use Plan Amendment to Residential/Office/Retail, 1545 S.
Greater Clearwater Association of
Belcher Rd., Sec. 19-29-916, M&B 33.05 & 33.07 (
Realtors
, A00-07)
The City Attorney presented Ordinance #6546-00 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6546-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
mcc06a00 14 06/01/00
Ord. #6547-00
ITEM #26 - - Commercial Zoning, 1545 S. Belcher Rd., Sec. 19-29-916, M&B
Greater Clearwater Association of Realtors
33.05 & 33.07 (, A00-07)
The City Attorney presented Ordinance #6547-00 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6547-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6558-00
ITEM #27 - - Amending Sec. 1.12, Code of Ordinances, to revise provisions for
code violations, enforcement and penalties and to amend fine schedule
The City Attorney presented Ordinance #6558-00 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6558-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6561-00
ITEM #28 - - Relating to utilities; amending Sec. 32.159 (water use restrictions,
enforcement, penalties) to conform with Pinellas County regulations during times of declaration
of water shortage condition or emergency
The City Attorney presented Ordinance #6561-00 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6561-00 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #29-33)
ITEM #29 - Approval of Purchases per Purchasing Memorandum:
one Kubota Tractor with trencher & trailer
1) Bridges Equipment, , $33,159.96; financing to
GS
be provided under City's Master Lease-Purchase Agreement ()
removal & closure of 20 hydraulic lifts and 2
ITEM #30 - Contract to Dames & Moore,
underground storage tanks and removal of contaminated soil
at 841, 901-927 Cleveland
ED
Street (Parcel A & B) owned by the CRA, $94,133 ()
mcc06a00 15 06/01/00
Demolition of Commercial Structure
ITEM #31 - Contract to Sonny Glasbrenner, Inc., - 841,
PW
901-927 Cleveland Street (Parcel A & B) and 813 Park Street (Parcel C), $65,450 ()
ten LP500 automatic external
ITEM #32 - Contract to Medtronic Physiocontrol, purchase
defibrillatorsFD
, $29,113.50 ()
one Model 9476 II Multifunction System
ITEM #33 - Contract to Oce'-USA, Inc., purchase
Copier/Plotterdeclare surplus
with 5 year maintenance agreement, $40,005; to City needs &
trade-in one 1995 Oce' Model 7150authorize financing
authorize large document copier;
PW
under City's Master Lease-Purchase Agreement ()
Commissioner Clark moved to approve the Consent Agenda as submitted and that the
motion
appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
Ord. #6563-00
ITEM #34 - First Reading - Amending Ch. 2 Administration, Art. V Employee
Benefits, Div. 3 Employees' Pension Plan; amending Sec(s) 2.393, 2.395, 2.396, 2.397, &
HR
2.398 ()
The Pension Plan must be amended by July 1, 2000, to comply with Florida Chapters
175 and 185, as amended by Chapter 99-1, which require the Pension Plan to adopt all non-
cost amendments and all amendments covered by additional State monies in excess of the
1997 amount. Under this provision, the City’s annual funding requirement, pursuant to Florida
Statutes, would increase by approximately $12,000 on a long term basis: 1) $7,000 for Police
and 2) $5,000 for Firefighters. The State’s annual 175/185 dividend to the City will offset
additional costs.
Related requirements for firefighters and police officers: 1) early retirement age of 50 &
10 years of service with 3% per year reduction cap; 2) 55 & 10 years of service normal
retirement age; 3) normal form of benefit of life with 10-year guarantee, unless current normal
form is of greater value; 4) delete pre-existing condition exclusion for disability entitlement; 5)
limit workers’ compensation set-off so that Plan disability benefits are not reduced below the
greater of 2% per year of service or 42% of average monthly compensation calculated with 2%
benefit rate; 6) delete reassignment provision for disability claimants & add provision requiring
reassignments be to similar job classification at no reduction in rank or pay; 7) add
presumptions for disability incurred in line of duty where claims are based on certain infectious
diseases, hypertension, heart disease, & tuberculosis; 8) add optional forms of benefits for
disability retirees with normal form having a 10-year guarantee; 9) add 66 2/3% joint & survivor
option; 10) add forfeiture provisions for commission of certain specified offenses that are
breaches of the public trust & where an attempt is made to obtain a pension benefit by fraud,
misrepresentation, or false statements; 11) add buy-back provision allowing members who
terminate employment & withdraw their contributions, an opportunity if reemployed, to buy prior
service time by depositing contributions with interest within 90 days of reemployment; 12)
credited service must be given members who separate from service to go into military active
mcc06a00 16 06/01/00
duty & are reemployed within 1 year after discharge for up to 5 years of military service; and
13) if members’ employment is terminated, their contributions remain in the Plan, & they are
reemployed within 5 years, their new service time will bridge to their prior service time.
Commissioner Johnson moved to approve Chapter 175 and Chapter 185 changes to
motion carried
the City’s Employees’ Pension Plan. The was duly seconded and
unanimously.
The City Attorney presented Ordinance #6563-00 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6563-00 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Res. #00-19
ITEM #35 - - providing for sale of not to exceed $51 million Infrastructure Sales
FN
Tax Revenue Bonds ()
It is anticipated several Penny for Pinellas projects, including the Memorial Causeway
Bridge replacement, will be funded through issuance of Infrastructure Sales Tax Revenue
Bonds. This resolution authorizes the City to proceed to validate issuance of bonds for this
project through the courts. Once validated, a final resolution will be brought forward
authorizing the sale of the bonds. The amount of bonds authorized in this resolution is a “high-
end” estimate. This amount will be reduced to the actual amount needed in the subsequent
resolution. Once validated, the amount cannot be increased. This resolution provides for the
issuance of not to exceed $51-million in bonds to finance the Memorial Causeway Bridge
project. Total bonds of $50,165,000 needed: 1) $44-million - $40.9-million approved project
cost increased by 8%; 2) $5,016,500 – debt service reserve fund; 3) $253,430 – bond
issuance cost; 4) $578,890 – underwriter’s and original issue discount; and 5) $316,180 –
bond insurance.
Pinellas County has committed to reimburse the City $10-million of bridge costs. The
State has committed to reimburse the City $13-million. Some federal funding also is
anticipated. This resolution also provides for he City to expend funds prior to issuance of the
bonds and to be reimbursed with bond proceeds.
Commissioner Clark moved to approve the sale of not to exceed $51-million
Infrastructure Sales Tax Revenue Bonds, and that the appropriate officials be authorized to
motion carried
execute same. The was duly seconded and unanimously.
The City Attorney presented Resolution #00-19 and read it by title only. Commissioner
Hooper moved to pass and adopt Resolution #00-19 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
mcc06a00 17 06/01/00
"Nays": None.
Ord. #6562-00
ITEM #36 - First Reading - increasing domestic water, lawn water & wastewater
PW
collection utility rates by 6.6% beginning 7/1/00 ()
Funds from the increase are necessary to maintain compliance with debt service
coverage requirements and to continue capital improvement projects to expand the reclaimed
water system, upgrade the water pollution control facilities, and rehabilitate the wastewater
collection systems due to aging facilities and regulatory requirements. A 3% rate increase for
domestic water, lawn water, and wastewater collection utility rates, called for in the last rate
study, was effective October 1, 1998. It was then anticipated increases of 9.7% would be
required in 2000, 8.8% in 2001 and 2002, and 3.1% in 2004. Subsequently, changes to the
operating and capital plans and significant refunding of existing debt necessitated adjustments
to the rate study.
Burton & Associates has completed a water and wastewater collection utility rate study
to cover 5 years of operations. The Burton & Associates Rate Study recommends a 6.6% rate
increase per year for 5 years to have sufficient funds to cover debt service, operation costs,
and capital improvement projects. This ordinance to authorize the first year increase of 6.6%
will be effective July 1, 2000.
An independent study of the Utilities Department’s operating and capital improvement
programs will determine future rate increases. The Utilities Department proposes to issue a
RFP (Request for Proposals) for a consultant to perform a comprehensive cost analysis of the
water and sewer systems. The analysis will benchmark national averages as reported by
organizations such as APWA (American Public Works Association) and AWWA (American
Water Works Association) and will establish funding levels to ensure the continued operation
and maintenance of the water and sewer systems
based on a long range plan. In addition, staff proposes that Burton & Associates complete a
rate structure study. The current structure for water and sewer rates is not compatible with
national standards, and should be adjusted to allow a more equitable distribution of the costs
among all users.
Commissioner Johnson moved to increase domestic water, lawn water, and wastewater
collection utility rates by 6.6% beginning July 1, 2000, and that the appropriate officials be
motion carried
authorized to execute same. The was duly seconded and unanimously.
The City Attorney presented Ordinance #6562-00 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6562-00 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
mcc06a00 18 06/01/00
Res. #00-21
ITEM #37 - - Rescinding Res. #98-41 and authorizing City Officials to sign
PW
applications for FDOT permits ()
Public Works/Engineering and CGS (Clearwater Gas System) have projects in Pinellas
County and CGS also has projects in Pasco County within FDOT (Florida Department of
Transportation) rights-of-way, which requires FDOT permits. Projects include gas, water, and
sewer main or service line installations, main relocations, and road crossings. Annually, staff
prepares approximately 100 FDOT permit applications, which require appropriate authorization
on behalf of the City. Due to changes in City staff, FDOT requires the City to rescind
Resolution #98-41, and adopt Resolution #00-21. Approval of the resolution and associated
FDOT “Certificate of Incumbency and Authority” will allow appropriate Public Works and CGS
staff to execute these permit applications on behalf of the City.
Commissioner Hooper moved to authorize City staff to sign permit applications
submitted to FDOT (Florida Department of Transportation), and execute a Certificate of
Incumbency and Authority certifying that those staff represent the City, and that the
motion
appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
The City Attorney presented Resolution #00-21 and read it by title only. Commissioner
Johnson moved to pass and adopt Resolution #00-21 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Res. #00-24
ITEM #38 - - Approving Time-Warner Inc. and America On-line Inc. merger,
granting a change or transfer in control of the Time Warner Entertainment -
Advance/Newhouse Partnership (d/b/a Time Warner Communications) Cable Franchise, a
IA
subsidiary of Time Warner Inc. ()
On November 21, 1996, the City adopted Ordinance #6108-96, granting a cable
franchise to Time Warner Entertainment – Advance/Newhouse Partnership (d/b/a Time
Warner Communications). The Ordinance granted the use of City rights-of-way for a term of
15 years. Time Warner Communications submitted documents dated February 7, 2000, to the
City requesting approval of the proposed merger between Time Warner, Inc. and AOL
(America On-On-Line, Inc.) The corporate structure of the merger will make Time Warner, Inc.,
a wholly owned subsidiary of the new holding company, AOL Time Warner, Inc. Upon merger
approval and completion, Timer Warner Communications will remain a subsidiary of Time
Warner, Inc.
Mayor Aungst reported he had a conflict of interest and recused himself from the
discussion and vote.
Commissioner Hooper moved to approve the proposed Time Warner, Inc. – American
On-Line, Inc. merger, granting a change or transfer in control of the Time Warner
mcc06a00 19 06/01/00
Entertainment – Advance/Newhouse Partnership (d/b/a Time Warner Communications) cable
franchise, a subsidiary of Time Warner, Inc., and that the appropriate officials be authorized to
motion
execute same. The was duly seconded. Commissioners Johnson, Clark, Hooper, and
carried
Hart voted “Aye.” Mayor Aungst abstained. Motion .
The City Attorney presented Resolution #00-24 and read it by title only. Commissioner
Clark moved to pass and adopt Resolution #00-24 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.
Abstain: Aungst
Motion carried
.
Ord. #6560-00
ITEM #39 - First Reading - granting FPL FiberNet, L.L.C. a franchise to provide
ED
telecommunications services to business customers in the City of Clearwater ()
FPL FiberNet, LLC, has requested a franchise from Clearwater to provide
telecommunications services to business customers in the City. The firm is constructing a
fiber-optic Sonet based network and will suspend most of its lines from existing poles. State
Statutes and City Code provides authority for the City to grant a telecommunications franchise.
The agreement is non-exclusive. FPL FiberNet, LLC will obtain necessary permits as required
by all franchisees for this purpose. The franchise is for a 10-year term. The grantee shall pay
an annual franchise fee of $750 per linear mile of grantee’s system and the City’s standard
right-of-way utilization permit fee charges.
Assistant City Manager Bob Keller said the agreement related to the franchise
agreement will last only 18 months until State law changes go into effect. The City Attorney
reported the agreement includes an additional provision for a 1% franchise fee instead of a per
mile charge and to prorate the per mile fee once the system is in place. In response to a
question, Shane Irwin, of FPL Fibernet, L.L.C., stated the map indicates several POPs (point
of presence) to identify possible locations for equipment. All equipment will be environmentally
controlled and will not include a tower.
Commissioner Hooper moved to grant FPL FiberNet, L.L.C., a franchise, to provide
motion
telecommunications services to business customers in the City. The was duly
carried
seconded and unanimously.
The City Attorney presented Ordinance #6560-00 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #6560-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #40 - Other Pending Matters – None.
mcc06a00 20 06/01/00
CITY ATTORNEY REPORTS
ITEM #41 - Other City Attorney Items – None.
ITEM #42 - City Manager Verbal Reports – None.
ITEM #43 - Commission Discussion Items
a)
Direction re Review of Downtown Redevelopment fiscal information
It was stated there is not enough time to establish a citizen committee to review
Downtown Redevelopment fiscal information before the referendum.
Consensus was to consider how this should be done, after the July 11, 2000,
referendum.
ITEM #44 - Other Commission Action
Commissioner Clark congratulated Mr. and Mrs. Rommell regarding the
accomplishments of their son, Jeff, a Countryside High School student.
Commissioner Johnson questioned if the City could adopt a building moratorium. The
City Manager said such action cannot be imposed at this time.
Commissioner Johnson thanked Miles Ballogg for the Brownfields brochure he had
developed.
Commissioner Johnson thanked Katherine Castor for the work she did in Tallahassee
on behalf of the City.
Commissioner Johnson questioned how to enforce lawn-watering restrictions. The City
Manager recommended citizens contact code enforcement with the addresses of properties,
which do not comply with regulations.
Commissioner Hooper congratulated Countryside High School’s Television department
for awards received at the State competition and sophomore student Brian Aungst, Jr., for his
award as the State’s top secondary school news anchor.
Commissioner Clark requested information distributed to the Commission identify the
author and genesis.
Commissioner Clark reported the beach had broken a traffic record last Saturday with
55,426 vehicles going through the roundabout.
Commissioner Clark complimented Parks & Recreation staff for the beautiful new
facility at Eddie Moore West.
mcc06a00 21 06/01/00
Commissioner Clark will not attend the June 15, 2000 meeting and encouraged all to
vote in the July 11, 2000, referendum.
Mayor Aungst announced the State had awarded $3-million to the City and thanked
Clearwater’s legislative delegation, Senator Latvala, and the City’s lobbying team.
Mayor Aungst said recent meetings on downtown redevelopment have been well
attended.
Mayor Aungst thanked the Clearwater Beach Chamber of Commerce for inviting his
participation at their annual awards dinner.
Mayor Aungst thanked Terry Schmidt and staff for the successful Memorial Day
concerts.
Mayor Aungst invited residents to attend BeachFest at Pier 60 on June 9, 10, and 11,
2000.
ITEM #45 - Adjournment
The meeting adjourned at 9:12 p.m.
mcc06a00 22 06/01/00