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CITY COMMISSION MEETING
CITY OF CLEARWATER
June 4, 1998
Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Karen Seel
Richard L. Hedrick
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Acting City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
Absent:
Robert Clark
Michael J. Roberto
Commissioner
City Manager
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
. was offered by Commissioner Johnson. The Mayor led the Pledge of Allegiance.
To prOVide continuity for research, items are in agenda order although not necessarily
discussed in that order.
Proclamation: National Safety Awareness Month - June 1998
Code Enforcement Officers' Appreciation Week - June 15 - 19, 1998
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ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards
ITEM #5 - Presentations
Howard Groth, CHA (Clearwater Housing Authority), presented a check in lieu of
taxes and an annual report.
a) Legislative Report - Senator Jack Latvala, Representative Sandy Safley and City
lobbyists - Pete Dunbar & Martha Edenfield
State Senator Jack Latvala expressed his appreciation for the opportunity to speak
at today's meeting. He said the Brownfields Two Bill offers a revolving loan fund to assist
in clearing titles on orphan properties and a loan guarantee program to assist with low-
income housing programs. This bill has designated the Clearwater Brownfields area as an
enterprise zone. He reported legislation also passed that allows a coastal resort area to be
a eRA (Community Redevelopment Agency) without the designation as a slum and blighted
area. He has enjoyed worked closely with the City's lobbying team. The Commission
thanked the Senator for his efforts on Clearwater's behalf.
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State Representative Sandy Safley thanked the Commission for their support. He
said a local sources first bill relating to water resources exempted the West Coast Regional
Water Supply to supply the City with a suitable potable water supply for the future. Pete
Dunbar represents the West Coast Regional Water Supply and has spent a considerable
amount of time attempting to negotiate a settlement to the "water wars". An agreement is
expected to be signed June 1 0, 1998, at the Florida Aquarium between Pinellas, Pasco,
and Hillsborough counties, and St. Petersburg, Tampa, and New Port Richey. Governor
Chiles will attend the meeting in recognition ot the efforts being made. This agreement will
be serve as a model to other parts of the State. He stated a portion of documentary stamp
revenue has been dedicated as a recurring funding source tor beach renourishment
projects. The Commission thanked the Representative for his efforts on Clearwater's
behalf.
Lobbyist Pete Dunbar thanked the Mayor tor her letters and the City's support, and
those who supported legislation regarding enclave annexation. He said Clearwater is in an
excellent position to take advantage of the Browntields legislation. He noted this is an
election year and changes will be made. There will be a new Speaker of the House of
Representatives and a new State Governor. He anticipates legislation regarding eminent
domain will again be an issue during next year's legislative session.
The Commission thanked Mr. Dunbar and lobbyist Martha Edenfield tor their efforts
on Clearwater's behalf.
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ITEM #6 - Approval of Minutes
Commissioner Seel moved to approve the minutes of the regular meeting of May 21,
1998, as recorded and submitted in written summation by the City Clerk to each
Commissioner. Themation was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the AQenda - None.
PUBLIC HEARINGS
ITEM #8 - Public Hearing - Find valid public purpose & declare surplus for purpose of
conveying title by Warranty Deed to FOOT a parcel of city-owned r-o-w in Sec. 16-28-16
adjacent to existing southerly r-o-w line of SR586, between Landmark Drive & McMullen
Booth Road (PW)
The FOOT has initiated a project to Improve Curlew Road from 69th Street to State
Road 584. To facilitate the project, the FOOT has requested the City transfer a portion of
right-at-way conveyed to the City from Florida Convalescent Center, Inc. by Warranty Deed
on January 14, 1987, and from the Reserve Partnership. Section 2.01 (d)(4)(iii) of the City
Charter provides that surplus real property may be transferred to another governmental
entity for less than appraised value after an advertised public hearing has been held and a
finding by the Commission of a valid public purpose for the transfer. In consideration of
the City conveying the right-ot-way, the FOOT will include in the project, at FOOT expense,
construction of a right turn acceleration lane eastbound from Landmark Drive onto Curlew
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Road. There are no utility accommodations to be made within the subject right~of-way at
City expense. Conveyance of the proposed right-of-way will unify State ownership and
responsibility for Curlew Road as well as provide a uniform corridor for the roadway along
this portion of Clearwater's northeasterly corporate limits.
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John LeRoux, Attorney for Bill Baumgard, objected to the conveyance because it
will facilitate a pedestrian overpass. He ~tated the title to the property was obtained by
the City in 1990 from the developer of the Reserve Subdivision and was to be used to
widen Curlew Road. If constructed, this proposed overpass will be within 3 feet of a 6-
foot privacy fence on Mr. Baumgard's property, and the height will intrude upon his
privacy. The overpass will adversely affect Mr. Baumgard's property value. He requested
the City consider a conveyance with the restriction that improvements be at grade. He felt
this conveyance is an unconstitutional taking of property without compensation. To
protect his property, Mr. Baumgard is prepared to seek damages caused by construction of
this overpass.
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In response to a question, Public Works Administrator Rich Baier said the overpass
is to be constructed across the road and behind Mr. Baumgard's property. The overpass is
not proposed to be placed on City park property because Title 4F Impact law restricts
governmental entities' ability to widen roads and intrude upon parks and other properties.
The FOOT (Florida Department of Transportation) has tried to work with Mr. LeRoux and
his client regarding his concerns. Public notifications regarding this issue have been sent to
homeowners in the area. The primary use for the overpass is for the safety of elementary
school children.
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In response to a question, the City Attorney said the City met with Mr. LeRoux and
disagrees with his statement that this Is an unconstitutional taking of property without
compensation. She said it depends upon the circumstances regarding whether dedication
of right-of-way is required from a development.
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In response to a question, Mr. LeRoux said this is primarily an issue of privacy. He
feels his client's multi-story residence will be unsalable after construction of the overpass
as proposed. He stated the homeowners association members indicated none of them had
received notification regarding this overpass. He said it is wrong to place an unfair
financial burden on one individual for the benefit of all without just compensation. It was
remarked although there are double crossing guards at the intersection of landmark Drive
and 580 to accommodate school children in the area, that intersection is very dangerous
and it is clear why the overpass is necessary. In response to a question, Mr. LeRoux said
his client would not have an objection to the overpass going into the City park. In
response, Mr. Baier said a strong case that another viable option does not exist would need
to be made before intrusion into the park would be approved through the Title 4F Impact
and the FOOT. He said this project has already been sent to Tallahassee and is ready to be
let for construction. In response to a question, Mr. Baier said he did not know if the FOOT
considered an underpass as a viable alternative. It was noted an underpass will be
significantly more expensive and more hazardous than the overpass.
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It was remarked this issue involves weighing the safety of school children versus a
citizen's privacy concerns. It was requested information be supplied regarding the
constitutionality of the 1990 transfer of the property.
Commissioner Hooper moved to continue Item #8 to the June 18, 1998, meeting.
The motion was duly seconded and carried unanimously.
ITEM #9 . Public Hearing - Declare surprus for purpose of granting non-exclusive public
r-o-w easement to The Grand Reserve at Park Place Limited Partnership, for installing,
operating, & maintaining landscaping & irrigation facilities therein, portion of Park Place
Blvd. median strips lying in Sec. 17-29-16; approve a Maintenance Agreement governing
said grant (PW)
On October 25, 1996, the City certified the Final Site Plan - Master Plan for
development of 395 rental apartments to be known as the Grand Reserve At Park Place.
The certified site plan stipulates the developer will be responsible for installing, operating,
irrigating, and maintaining landscaping within portions of roadway medians identified on the
site plan. The City easement grants the necessary rights required for the developer to
implement the site plan stipulations, and the Maintenance Agreement details operational
covenants governing the easement grant. Among other conditions, the Maintenance
Agreement specifies: 1) the easement rights are given in perpetuity or until the use is
abandoned; 2) Grantee is obligated for all expenses associated with installation,
maintenance and replacement of the facilities; 3) in the event of sale the new owner must
either assume obligations of the Agreement, enter into a new agreement with the City, or
remove the facilities and re.sod the easement property, and 4} Grantee will indemnify and
hold the City harmless from any and all claims, costs or damages the partnership may
incur, except those stemming from the City's own negligence.
Commissioner Seel moved to approve declaration as surplus for the purpose of
granting a.non-exclusive public right-of-way, easement to The Grand Reserve at Park Place
Limited partnership (Grantee) for the purposes of installing, operating, and maintaining
landscaping and irrigation facilities therein, a portion of Park Place Boulevard median strips
lying within Section 17, Township 29 South, Range 16 East, and approve a Maintenance
Agreement, governing said grant, all in consideration of the mutual benefits, covenants and
conditions contained therein, and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
ITEM #10. Public Hearlnq - Declare surplus for purpose of granting an exclusive and
perpetual ingress/egress easement to IMR (Information Management Resources, (nc.), its
successors & assigns, all of Lots 9, 10 & 11 of Revised Map of The Original Lot 5, R. H.
Padgett's Sub., subject to approval & execution of a development agreement regarding real
property commonly known as the "Annex Site" between the eRA and IMR, and
conveyance of real property interests as stipulated therein, reserving to the City the
remainder fee interests, including, but not limited to, all rights necessary for the
construction & maintenance of public utility facilities within the full easement width (PW)
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Commissioner Johnson moved to approve declaration as surplus for the purpose of
granting an exclusive and perpetual ingress/egress easement to IMR, Inc. (Information
Management Resources, Inc.), a Florida corporation, and its successors, and assigns all of
Lots 9, 10, and 11 of Revised Map of the Original lot 5, R. H. Padgett's Subdivision,
according to the map or plat thereof as recorded in Plat Book 4, Page 32, of the Public
Records of PinelJas County, Florida, subject to approval and execution of a development
agreement regarding real property commonly known as the "Annex Site" between the CRA
(Community Redevelopment Agency) of the City of Clearwater and IMR, and conveyance
of real property interests as stipulated therein, reserving to the City the remainder fee
interests, including, but not limited to, all rights necessary for the construction and
maintenance of public utility facilities within the full easement width, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
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It is anticipated the development agreement being formalized between the eRA and
IMR will contain a provision that the subject property be made available to IMR for
ingress/egress purposes from the southerly boundary of the "Annex Site" to the public
right~of-way of Gould Street. A stormwater retention plan already approved by the parties,
and now in the permitting process, provides for installation of a reinforced concrete
stormwater pipe extending from the "Annex Site" through the center of the proposed
easement to a pond to be constructed on the south side of Gould Street. The City reserves
to itself all other property rights not consistent with the ingress/egress easement being
granted to IMR. These rights will allow for construction and future maintenance of all
public utilities as may be necessary for development of the "Annex Site". This exclusive
ingress/egress easement is granted for the purpose of facilitating planned development of
the "Annex Site" and is specifically not for dedication of the premises as public right-of-
way. The easement rights to be granted shall become effective concurrently with the
conveyance by the CRA of real property interests to IMR, and only upon such
conveyances.
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Assistant City Manager Bob Keller said this relates to the City's ongoing efforts to
attract a project referred to as the IMR Global Center to the corner of Cleveland Street and
Missouri Avenue. It is anticipated IMR will need these 3 lots for ingress/egress to the
development. The lots are south of the squared off portion connecting the property to
Gould Street. Staff recommends a permanent easement be given by declaring the property
surplus. In response to a question, he said declaring the property surplus is specifically for
easement purposes and contingent on final resolution of the development agreement. In
response to a question, he said the maintenance of the property will be IMR's responsibility
and the property will continue to belong to the City.
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ITEM #11 - Public HearinQ & First ReadinQ Ords. #6284-98. #6285-98 & #62B6~98 ~
Annexation, MPD Zoning & land Use Plan Amendment to Residential Medium for property
located 1,000 feet east of US19N and north of Allen Creek, Sec. 29-29-16, M&B 22.01 &
22.02 and Sec. 20~29-16, M&B 33.07 (Allen Creek Properties, Inc. / Harbourside Realty
Holding Co., ASS-1 6, lUP9S-06)(CP)
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The City Attorney said there is a problem with the Ordinance title and this item will
come back to the Commission.
Commissioner Seel moved to continue Item # 11. The motion was dUly seconded
and carried unanimously.
ITEM #1 2 ~ Public Hearlno & First Readino Ord. #6289-98 - CN Zoning for property located
at NE corner of intersection of Belleair Rd. and S. Ft. Harrison Ave., Oak Haven Sub., Lots
8-21 and Sec. 21-29-15, M&B 44.23 (John A. lahara I Medec, Z98-08)lCP) - Staff request
to Continue to 7/16/98
Commissioner Hooper moved to continue Item #12 to July 16, 1998. The motion
was dUly seconded and carried unanimously.
Public Hearino - Second Readina Ordinances
ITEM # 13 - Ord. #6258-98 - Relating to alcoholic beverage special event permit
requirements; amending Sec. 22.90(12) to allow the serving of alcoholic beverages in
contaIners meeting industry standards with the approval of the special events committee,
providing such containers must be capable of visual inspection for contents, and prohibiting
certain types of containers
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The City Attorney presented Ordinance 6258-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 6258-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Hooper, Seel, and Garvey
"Nays":
None
Absent:
Clark
ITEM #14 - Ord. #6259-98 - Vacating 5' utility easement lying along south side of Lot 9,
Blk 27, Mandalay Sub., and City's request to vacate remaining 5' utility easement along
south side of Blk 27 (Cronfn, V98-04)
The City Attorney presented Ordinance 6259-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance 6259-98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Hooper, Seel, and Garvey
"Nays":
None
Absent:
Clark
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ITEM U1 5 ~ Ord. #6272-98 - Vacating 3' utility easement lying along west side of Lot 5,
less southerly 2.5', together with; westerly 34' of the 3' utility easement lying along south
side of Lot 3, Blk 3, Tagarelli Sub. (General Home Development, V98-03)
The City Attorney presented Ordinance 6272-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance 6272~98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Hooper, Seel, and Garvey
"Nays":
None
Absent:
Clark
ITEM #16 - Ord. #6273-98 - Land Use Plan Amendment to Resort Facility High for property
located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Shura, LUP97-06,
Z97-06)
Director of Development Services Lorenzo Aghemo said the applicant is requesting a
rezoning for an existing motel to be developed from the current 20 units to 50 units.
Current zoning allows 40 units. The maximum height under current zoning is 42 feet and
the height of the existing structure is under that height. The Comfort Inn requires each
franchise to have 50 units, prompting this rezoning request.
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,~'::) Steven Swanberg, SDS Architects, Inc. spoke on behalf of the applicant. He said
the applicant is requesting a zoning change for a commercial development to provide the
density required by the Comfort Inn franchise. In response to a question, he said currently
there are entrances on Edgewater and Sunnydale Drive. Plans are for an entrance only off
Sunnydale Drive. It was remarked the Commission had requested the motel remove the
parking from the front side of the motel on Edgewater Drive if possible. Mr. Aghemo said
from a traffic standpoint, it is preferable to access the motel on Sunnydale Drive to reduce
traffic back-ups on Edgewater Drive and allow landscaping at the front of the property.
Eleven citizens spoke in opposition to the rezoning, expressing concern regarding:.
the height of the proposed building blocking the view and invading privacy of surrounding
residences: increased traffic, especially on Sunnydale~ increased water runoff from the
property; and the proposal not being compatible with the residential neighborhood. It was
questioned if proper notification of hearings had been done.
In response to citizen comments, Mr. Swanberg said the State and City are working
to alleviate drainage problems in the area. There is currently no retention on the property,
with 35 % to 40% of it being pavement. Plans are to build a pond on the redeveloped
property for retention purposes. The applicant is proposing a total of 48 hotel units.
Current zoning permits a height of 42 feet, but the new development may not go above 42
feet. This development will be a piece of architecture deSigned by a renown architect. The
motel will incorporate better landscaping and maintenance and bring a higher quality
clientele to the area. The under building parking will prevent obstruction of the water view.
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Should that parking not be under the building, the view would be eliminated entirely and
green space would be lost. Statf requested the property be zoned CPO to allow the City
more control. In response to a question, Mr. Swanberg said the owner is anxious to begin
construction of the project. He requested the Commission vote in favor of this project.
In response to a question, Mr. Aghemo said he was unsure of the size of the
existing drainage pipes in the area. In response to a question, Mr. Baier said when creating
more impervious surface, a pond is required to treat storm water runoff.
Raman Bhula, owner of the property, said he wishes to develop the motel for a
Comfort Inn franchise to improve the quality of the clientele. It was questioned if there
. was any attempt to hold a neighborhood meeting regarding this development. He offered
the Commission a copy of a letter distributed to residents, requesting their input regarding
development of the motel. The letter indicated overall support of the development by
those who responded. He said residents were told the new development will be 2 stories
high with parking in order to salvage the water view. He said there is a drain in front of the
motel office that frequently clogs with debris and backs up. In response to a question, Mr.
Baier said redevelopment of this property includes a pond that will produce less water
discharge. Currently there is no stormwater treatment at the site. It was remarked that
one less cut off Edgewater Drive will not make a difference in traffic.
Commissioner Johnson moved to continue Item #16 to June 18, 1998. The motIon
was duly seconded and upon roll call, the vote was:
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II Ayes":
Johnson, and Seel
"Naysll:
Hooper and Garvey
Absent:
Clark
Motion failed. However, per Commission rules, due to the tie vote, the item is
continued to the next meeting.
ITEM #17 - Ord. #6274-98 - CPO Zoning for property located at 1941 Edgewater Dr.,
Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06)
Commissioner Seel moved to continue Item # 1 6 to June 18, 1 998. The motion was
duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, and Seel
"Nays":
Hooper and Garvey
Absent:
Clark
Motion failed. However, per Commission rules, due t~ the tie vote, the item is
continued to the next meeting.
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The meeting recessed from 7:59 to 8:17 p.m.
ITEM #18 ~ Ord. #6282-98 ~ Annexation for property located at 811 Berkley Place,
Palmetto Terrace, Blk 0, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15)
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The City Attorney presented Ordinance 6282-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 6282-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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I' Ayes":
Johnson, Hooper, Seel, and Garvey
, "Nays":
None
Absent:
Clark
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ITEM # 1 9 - Ord. #6283~98 - RS-B Zoning for property located at 811 Berkley Place,
Palmetto Terrace, Blk 0, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15)
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The City Attorney presented Ordinance 6283-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance 6283-98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Johnson, Hooper, Seel, and Garvey
"Nays":
None
Absent:
Clark
ITEM #20 - Ord. #6288-98 - relating to telecommunication services and taxation; amending,
Sees. 29.72, 29.73, 29.74, and 29.76, and adding new Sec. 29.77, to bring City code
into compliance with state statutes
The City Attorney presented Ordinance 6288-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance 6288-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
" Ayes":
Johnson, Hooper, Seel, and Garvey
I'Nays":
None
Absent:
Clark
ITEM #21 - Ord. #6301~98 - Relating to Skateboards, Roller Skates, and In-Une Skates;
amending Art. I of Ch. 28, creating Sec. 28.11 to prohibit a person from using
skateboards, roller skates, and in-line skates in specified locations
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"Nays":
None
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Commissioner Hooper moved to amend Ordinance #6301-98 on second reading in
Section 28.11 (1) (a) as follows: (a) In any public parking garage including the access/egress
ramp. The motion was duly seconded and carried unanimously.
The Mayor said the Commission feels this ordinance Is necessary to obtain
responsible behavior regarding skateboarders, roller skaters, and in-line skaters. In
response to a remark, the City Attorney explained this Ordinance prohibits skaters skating
up and down ramps in parking garages, but permits skating in parking lots. It was
remarked allowing skating up and down ramps in garages would be dangerous. The City
can post signs prohibiting skating In specific parking lots.
The City Attorney presented Ordinance #6301-98 as amended for second reading
and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance
#6301-98 as amended on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes":
Johnson, Hooper, Seel and Garvey.
Absent:
Clark
CITY MANAGER REPORTS
<::) CONSENT AGENDA (Items #22-27) - Approved as submitted.
ITEM #22 - Aoproval of Purchases oar 5/14/98 memorandum:
Mueller Distribution Contractors, installation of polyethylene gas mains & service lines
throughout gas system, extension, 6/30/98-9/30/98 (GAS)
Cushion Deck International, purchase & installation of cushion deck safety play surface at
Cherry Harris Park, $43,505.25 (SW)
, Ross Systems, Inc., financial system software licenses & maintenance, 6/30/98w6/29/99,
$53,000 (1M)
ITEM #23 . Trustees of Clearwater Firefiahters' Supolemental Trust Fund - Reappoint
Myron Ahrens and Rick Stucker (FD)
ITEM #24 - Lease (renewal) for South Clearwater Police Mini-Statfon, 1453 S. Greenwood
Ave., Space B, with Theodore V. Klinger and Mary G. Klinger, 7/1/98-12/31/99, at rental
amount $4,950 (PD)
ITEM #25 - Aoprove recommendations for SQ8cial Events Grants Fundlna pilot proaram,
granting total of $50,000 to 8 Clearwater non-profit organizations for new or expanded
special events (TR)
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serving to partially satisfy a stated Comprehensive Plan objective for one acre of park land
in this planning district. City Charter section 2.01 (d)(4)(lx) requires one appraisal be
performed for a property purchase exceeding $250,000 but less than $500,000 in value.
This property was previously appraised far the City on January 3, 1996. The value was
determined to be $300,000 at that time. It is believed that valuation remains
approximately relevant. In addition to this purchase furthering "One City. One Future."
goals, it will also replace a neighborhood feature perceived to be adverse to public safety
and welfare with one which will be a major enhancement. Funding in the amount of
$41 6,000 will be provided from the undesignated retained earnings of the Special
Development Fund. The balance of $73,270 will be provided by a transfer of infrastructure
funds form project 31 5-93316, Bayfront Park Renovations. Mid-year budget amendments
will address these amendments and establish a project for this purchase.
Mr. Baier said this contract will allow appropriate entrance to the northern business
district along Fort Harrison and address the asymmetrical one-way pair. There has been
some discussion regarding the previous owner's agreement to sell the property to the City
at a lower price. At that time the City Commission had decided against the purchase price
and was concerned about possible site contamination of underground storage tanks. This
contract provides for title and title insurance. All liens must be cleared or paid before
closing. The current owner has 120 days to clear any exceptions or the City can terminate
the contract. The City will obtain a certified survey of the property. Taxes up to the day
of closing are to be collected from the current owner and paid to the County Tax Collector.
The property is to be vacated of tenants prior to the day of closing. The City now has a
better grasp on environmental issues at the property and has 45 days after execution of
the contract to examine those issues and decide if it meets the City's needs. Additional
data obtained after Monday's Worksession reveal a low priority for clean~up. No
petroleum-contaminated soils were detected above the ground water table. There is very
little or no migration of known contamination. The eligibility for remediation assistance
under the FDEP (Florida Department of Environmental Protection) Abandoned Tanks
Program passes to the City upon purchase by the City. The City is not obligated to pursue
photo assessment or remediation at the site as long as there are no additional releases at
the site. If the City owns this property, they would only be responsible for a $500 State
deductible. The site can be recommended for a no further action letter. The City will have
the ability to landscape the property without a concrete cap. The recommendation has
been amended regarding the City's ability to withdraw from the contract should the
environmental costs be unacceptable. The Special Development Fund contains all special
revenues such as Recreation and Development Impact Fees, Penny for Pinellas Funds, and
a Local Option Gas Tax. If particular interest earnings are not restricted, they are placed in
the iiundesignated retained earnings of the Special Development Fund". With the allocation
of the $416,000 of these earnings to the Atrium Fund, the balance in the undesignated
category is estimated at $0.
Acting City Manager Rich Hedrick said the City Manager asked he convey to the
Commission that he strongly recommends acquisition of this property. The property was
not for sale when the City approached the owner. Commissioner Seel checked with a
condemnation attorney who confirmed the asking price is in line with condemnation costs.
mcc06a98
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Eleven citizens spoke in favor of the purchase. They said it would eliminate an
eyesore in the area and a location that has generated excessive calls for Police response.
Police Officer Sandy Thompson reported from December 1 996 to present there have been
527 calls regarding this property, 276 from May 1997 to May 1998. The calls related to
drugs, prostitution, etc.
In response to questions, Mr. Baier said the entire cost for the property, including
demolition, asbestos removal and environmental costs is $489,270. The property itself wilf
cost $370,000; demolitIon costs, including asbestos removal, are $56,000. A 10%
contingency Is included in case an overage of asbestos is found. In return for the
$489,270, citizens will receive demolition of the building and a passive park.
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Commissioner See I moved to approve a contract to purchase real property
commonly known as the "Atrium Apartments" located at 1707 North Fort Harrison
Avenue, being legally described as Lesley's Subdivision, that part of Lots 8 and 9 lying east
of Fort Harrison Avenue extended, from Proactive Enterprises, Inc. for $370,000, and pay
estimated expenses of $21,500 for environmental audits, $2,900 for a boundary survey
and closing costs, demolition expenses, excluding remediation of friable asbestos
containing materials, estimated at $56,085, including 10% allowed for contingencies,
minimum park development costs estimated at $38,785, exclusive of certain labor costs,
for total acquisition costs estimated at $489,270, plus certain costs presently
undetermined, contingent upon the City being able to withdraw from the contract if
environmental investigations reveal conditions reasonably unsatisfactory to the City, and
that the appropriate officials be authorized to execute same. The motion was duly
seconded. Upon the vote being taken, Commissioner Seel, Hooper and Mayor Garvey
voted II Aye"; Commissioner Johnson voted "Nay". Motion carried.
Commissioner Johnson said he respects and supports residents, but feels $370,000
is too much for this rat~infested property. He wants to ensure the City is negotiating with
property owners to obtain the best price possible. In response to a question, Mr. Baier said
only after several contacts did the property owner agree to negotiate with the City. It was
remarked the Atrium is a scary place and the City wants to improve the community.
Matthew Barnicle, owner of the Atrium Apartments, saId he has negotiated with the
City. He agrees the City must make a decision now regarding purchase of his property.
ITEM #29 - Res. #98-21 - Requesting the FDOT to convey title of the property located at
1400 Young Avenue, Clearwater, Florida, to the City of Clearwater, or otherwise grant
permission to the City to allow placement of additional antennas on the existing tower
located on said property (CPI
City staff desires to allow placement of additional antennas on the City-owned
tower located at 1400 Young Avenue. In particular, staff desires to allow BellSouth
Mobility, Inc., to locate antennas on the tower in order to avoid construction of a new 120~
foot high tower proposed on the north side of BelJeair Road, approximately 200 feet west
of Highland Avenue. The land upon which the City-owned tower is located is leased from
the FDOT (Florida Department of Transportationl. Placement of additional antennas on the
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City-owned tower required either a lease amendment or conveying title of the property to
the City. In order for the FOOT to consider amending the lease or conveying title of the
land, the FOOT requires the City Commission pass a resolution requesting same.
In response to a question, Mr. Aghemo said this is the first step in the process.
Should the request be denied, the final authorization of construction of the tower will not
come before the City Commission. Concern was expressed that one of the City's
regulatory boards has approved a substantial variance for construction of a new tower. It
was remarked the City wants to ensure a proliferation of towers with height variances does
not occur. Mr. Aghemo said one of the conditions of the approval was that it is temporary.
Staff is working with the County to address locations of towers.
Commissioner Seel moved to approve requesting the FOOT (Florida Department of
Transportation) convey the title of property at 1400 Young Avenue to the City of
Clearwater, or otherwise grant permission to the City to allow placement of additional
antennas on the existing tower on said property. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #98-21 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #98-21 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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" Ayes":
Seel, Johnson, Hooper, and Garvey
"Nays":
None
Absent:
Clark
ITEM #30 - Brownfields Advisory Board - 9 appointments (eM)
Assistant City Manager Bob Keller said a State law that created the Brownfields
area requires a 9-member advisory board be appointed. Appointees are required to meet
certain qualifications.
Commissioner Seel moved to appoint Mary Miller for a 2-year appointment in the
resident category. The motion was duly seconded and carried unanimously.
Commissioner Seel moved to appoint Robert J. Washington for a 3-year
appointment in the resident category. The motion was duly seconded and carried
unanimously.
Commissioner Seel moved to appoint Willa L. Carson for a 4-year appointment in the
resident category. The motIon was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Gary S. Gray for a 2-year appointment in
the business owner category. The motion was duly seconded and carried unanimously.
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ITEM #34 - Other PendinQ Matters - None.
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:~ Commissioner Seel moved to appoint Brian Flaherty for a 3-year appointment in the
business owner category. The motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Amy Lovett for a 4-year appointment in
the business owner category. The motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Steven Fowler for a 2-year appointment in
the agency or government representative category. It was questioned if this appointment
will be a conflict of interest for Mr. Fowler. Consensus was it will not. The motion was
duly seconded. Upon the vote being taken, Commissioners Seel, Johnson and Hooper
voted "Aye"; Mayor Garvey voted "Nay". Motion carrIed.
Commissioner Hooper moved to appoint Dr. Thomas R. Noble for a 3-year
appointment in the agency or government representative category. The motion was duly
seconded and carried unanimously.
Commissioner Hooper moved to appoint Dr. Renu Khatar for a 4-year appointment in
the agency or government representative category. The motion was duly seconded and
carried unanimously.
ITEM #31 - Historic Preservation Board - 1 appointment (elK)
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Commissioner See I moved to reappoint Margaret Kiehl. The motion was duly
seconded and carried unanimously.
ITEM #32 - CNHS BOD - 1 appointment (elK)
Commissioner Hooper moved to reappoint Howard Groth. The motion was duly
seconded and carried unanimously.
ITEM #33 - Airport Authoritv - 1 appointment (elK)
Commissioner Johnson moved to appoint Ronald Streicher. The motion was duly
seconded and carried unanimously.
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CITY ATTORNEY REPORTS
ITEM #35 - Other City Attornev Items - None.
ITEM #36 - Citv Manaqer Verbal Reports
Mr. Bater reported on a meeting regarding a pilot project for traffic calming held with
3' neighborhoods in the Countryside area. He indicated it was a good meeting with
approximately 120 people in attendance. In response to a question, he said constructive
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comments were made. In response to a question, Mr. Baier said some neighborhoods have
high traffic volume problems on residential streets due to drivers cutting through
neighborhoods. Costs allocated for this project will address traffic calming while
safeguarding the aesthetics of the area. In response to a question, he said signs are placed
at entrances of neighborhoods indicating roads are open to residential traffic only. Staff is
working with the St. Petersburg Times and C~View TV to inform citizens of this project.
The project will be monitored to determine if It is working and where necessary changes
will be made.
ITEM #37 ~ Other Commission Action
Commissioner Seel questioned a reference to tours of 1 A facilities in an RFQ for a
study of the Phillies economic impact. It was indicated this will be a tour of facilitates of
that class of teams.
Commissioner Seel reported the DDS (Downtown Development Soard) is requesting
consideration of placing restrooms In Station Square Park. Lillian Trickle and Margaret '
Dolan have been nominated to replace Roger Woodruff on the DDS. Other nominees will
also be accepted. She reported another mural is in progress at the cornBr of East Avenue
and Cleveland Street.
Commissioner Hoooer reported the DDS will be having a special meeting regarding
the budget on June 9, 1998.
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, Commissioner Seel questioned a letter from Mr. Jonson regarding the Stowell
property. The City Attorney indicated this involves an action by the FOOT (Florida
Department of Transportation) and does not involve the City.
Commissioner Seel questioned a letter requesting Arcturas Avenue be renamed
Turkey Trot Lane. Consensus was not to make a permanent name change. It was
suggested a temporary sign be allowed during the Turkey Trot.
Commissioner Hooper indicated he felt the City Manager's letter to the Wall Street
Journal regarding a recent article about Clearwater was appropriate.
ITEM #38 ~ Adiournment
The meeting adjourned at 9:41 p.m.
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ATTEST: ~i{.CIQ~*. &0, -_
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