12/10/1998 (2)
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COMMISSION
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City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, December 10, 1998 - 6:00 P.M. - Commission Chambers
"
1. Invocation - Rev. Tom Norton, Skycrest United Methodist Church.
2. Pledge of Allegiance - Mayor.
3. ' Service Awards - 1 award presented.
4. Announcement of Upcoming Events. Events announced.
5. Introductions and Awards
Proclamation: Miniature Art Month, January 1999.
a) FNGA awards to Kelly O'Brien & Chris Thorn ~ presented.
Presentations
a) Midland Companies art donation - received.
b) Military Appreciation Day - postponed.
c) 1998 Employee United Way Campaign Report- given.
Minutes Approval - Regular Meeting 11/19/98 & corrected page of previously approved 11/5198
& Special Meeting 12/7/98 (attorney/client) ~ Approved as submitted.
Citizens to be heard re items not on the Agenda
Tom Sehlhorst questioned police procedures in recent traffic accidents involving the Mayor.
Shirlev Moran expressed appreciation for the holiday decorations and concerts at Pier 60.
Rov Cadwell reiterated complaint of being charged utility fees while out of town.
Jack Alvord and Earlv Sorenson questioned whether past commission decisions are valid in light
of recent concerns re the Mayor's conduct.
PUBLIC HEARINGS
6.
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9. Variance(s) to Sign Regulations for property
located (Easy Pick) at 2320 Sunset Point Rd.,
Sunset Point Estates, Blk B, Lot 18 & part of
Lot 17 IMarco Cheaib, SV98w21 )(PLD)
10. Public Hearing & First Reading Ord. #6359-
99 - 'Vacating N 5' of 10' Drainage & Utility
Easement lying along south side of Lot 6, Blk
H, Northwood Estates w Tract F, less easterly
5' (Erickson, V98-07)(PW)
11. Public Hearing & First Reading Ord. #6360-
99 - Vacating 10' Utility Easement lying
along south side of Lot 16, Forest Estates
(Cooley, V9S-0S)(PW)
12. Public Hearing & First Reading Ord. #6361-
99 - Vacating E Ya r-o-w of N. Prospect Ave.,
lying north of Laura Street and City's request
to vacate W Yz r-o-w of N. Prospect Ave.,
lying north of Laura Street, subject to
retaining a 20' drainage & utility easement
(Theta Homes, V9S-09) (PW)
9. Denied.
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10. Approved. Ord. #6359~99 passed 1 st
reading.
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11. Approved. Ord. #6360-99 passed 1 st
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1 2. Continued to 1/21/99.
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,.~ 3. Public Hearing & First Reading Ords. #6354.
" 99 & #6365.99 . Annexation & RS-6 Zoning
for property located at 148 Baywood Ave.,
Eastwood Terrace 2nd Add., Blk D, lot 25 ,
(Julian & Pauline Bridges, A98-28HPLD)
14. (Cont. from 11/19/98) Public Hearing & First
Reading Ord. #6348-99 - regarding new
Community Development Code (PLD)
1 5. rCont. from 11/5 & 11/19/98) Public Hearing
~ Declare surplus to city needs, 600 Franklin
St., Gould & Ewing's 2nd Addition to
Clearwater Harbor, Blk 7, part of lot 1, for
purpose of selling; approve contract with
Plnellas County Housing Authority for sale
thereof, for $74,800 less closing expenses
est. at $560, for approx. net sale proceeds of
$74,240 lED) - OFFER WITHDRAWN
13. Approved. Ords. #6354-99 & #6355-99
passed 15t reading.
14. Approved. Ord. #6348-99 passed 1 st
reading.
15. Offer Withdrawn.
Public Hearing - Second Reading Ordinances
16. Ord. #6350-98 - Relating to Beautification
Committee, amending Sec. 2.102 to reduce
number of members from nine to seven
",f;>. 17. Ord. #6351-98 - Relating to purchasing;
~1i amending Sees: 2.547, 2.564 & 2.624, and
deleting Sees. 2.602-2.608
16. Ord. #6350-98 adopted.
17. Ord. #6351-98 adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-34) - Approved as submitted.
18. Aoproval of Purchases per 11/19/98 memorandum:
Spartan Oil Company, fuer for resare, 1/1/99-12/31/99, est. $1,000,000 (QOL~
Tampa Mack Sales and Service, one 1999 Mack RD690S chassis with Galbreath roll-off hoist to
be used throughout City by Solid Waste, $94,650; funding to be provided under City's Master
lease-Purchase Agreement {SW}
Reliastar, In'c., employee group term life insurance for SAMP personnel, 1/1/99-12/31/99, est.
$50,000 (HR)
Don Reid Ford, twenty-three 1999 Ford Crown Victoria Pursuit Vehicles (replacement) for use
throughout City by Police Department, $563,195.02; funding to be provided under City's Master
lease-Purchase Agreement IGSS)'
Dell Marketing L.P., computer hardware to be used by engineering draftsman for autocad
functions, $39,896; funding to be provided under City's Master lease Purchase Agreement
IGSS)
Duval Ford, one 1999 Ford E-250 cargo van for use throughout City by Fire Department,
$21,618; funding to be provided under City's Master Lease-Purchase Agreement (FD)
~12/10/98
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23.
24.
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Caruso Chrysler Plymouth Jeep, Inc., one 1999 Jeep Cherokee utility vehicle for use throughout
City by Fire Department personnel, $19,036; funding to be provided under City's Master Lease-
Purchase Agreement (FD)
General Safety Equipment Corp., two 1999 Gladiator chassis fire & fire rescue fire trucks for use
throughout City by Fire Department, $653,576; funding to be provided under City's Master
lease-Purchase Agreement (FO)
Brad Ragan Inc., 1 st of 2 extensions, new tires for use by all departments, 1/1/99-12/31/99, est.
$175,000 (GSS)
American Welding Company, fabrication & installation of new packing housing for east pit
located at Solid Waste, $74,004 (SW)
Dravo lime Company, high calcium quick lime for use at all WPC facilities, 1/15/99-1/31/2002,
est. $1,000,000 (PW)
Stertil-Koni USA, three Stertil.Koni ST 1072 Main Post and three SterU-Koni ST 1072 Secondary
Post mobile lift systems for use throughout City by Fire Department to lift City's aerial fire trucks,
$35,000 (FD)
Contract for demolition of Clearwater Civic Center (40 Causeway Blvd.) and Beach Diner (56
Causeway Blvd.) to Sonny Glasbrenner, Inc., $58,190; authorize a loan from Consolidated Cash
Pool to fund cost of project until such time as bonds are issued (PW)
Approve Tampa Bay Partnership dues increase from $20,000 to $40,000 for Fiscal year 1998-99
(ED)
(Cant. at 11/1 9/98) Approve continued participation in joint venture to study providing
Emergency Medical Services (EMS) transportation services throughout Pinellas County, cost not
to exceed $38,000 (FD)
Purchase three Spartan chassis equipped fire engines from General Safety Equipment for
$980,364; funding to be provided under City's Master lease-Purchase Agreement (FD)
Authorize settlement of Workers' Compensation Claim of Dorothy Boaz (FN)
Approve acceptance of one-year grant for fiscal year 1998-99 for Clearwater Police Geographic
Information System III from Florida Department of Community Affairs / Drug Control and System
Improvement Formula Grant Program, in the amount $95,056 (PO)
Police Department Computer System - Approve assignment of City's existing contract with PSI
International, Inc., for provision of computer systems & integration services to logistic Systems,
Inc., to include final payment to PSI of $817,070 for systems delivered to date and an
encumbrance of $791,954 for project completion to logisys; Approve immediate subsequent
assignment of the message switch portion of that contract from logistic Systems, Inc. To Public
Safety Technologies, Inc., at total remaining cost not to exceed $70,000; Approve purchase of
updated hardware from logisys to upgrade Computer Aided Dispatch system for $85,210;
Approve cancellation of hardware maintenance agreement with PSI; and Approve an expenditure
not to exceed $16,000 to Tew, Zinober, Barnes, Zimmet and Unice for outside counsel legal
services related to this contract assignment (PO)
Approve Agreement with Florida Dept. of Business & Professional Regulation - Division of
Alcoholic Beverages & Tobacco (DABT) to provide additional police overtime for implementation
of School Proximity Tobacco Enforcement Program over 6.month period, beginning sometime in
January 1999 in exchange for up to $ 27,646.10 in state funding (PO)
Approve Agreement with Career Options of Pinellas, Inc. to design, implement & administer a
Special Initiative Program - Jobs for At Risk Youth and Adults, a portion of the Weed and Seed
grant program, in an amount not to exceed $50,000 (PO)
20.
21.
25.
26.
27.
~12/10/98
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Approve Letter of Understanding with FDOT for construction & maintenance of two stormwater
ponds to serve SR590 (Drew Street) widening, from Highland Ave. to NE Coachman Rd. (PWI
Approve Finar Reclaimed Water Master Plan Update completed by McKim & Creed Engineers,
P.A.; authorize staff to sUbm,it approved plan to SWFWMD (PW)
Approve Agreement with FDOT authorizing subordination of 100 square feet of an existing
drainage & utility easement along north side of Drew Street, just east of US 19 (PW)
Approve Conceptual Approval Agreement with Florida Communities Trust IP2000 Program) for
shared cost of acquiring property along Stevenson Creek for establishment of a preserve area
IWolfe P~eserve) as part of improvements & clean up of Stevenson Creek Estuary and for benefit
of North Greenwood & Clearwater residents (PWJ
Contract for Hillcrest Storm Pipe Replacement to Suncoast Excavating & Utilities, Inc., for
$23,545.50 (PW)
Contract for Madison Avenue/Gould Street Roadway Improvements to Suncoast Development of
Pinellas County, Inc., for $265,871.4'3; and Contract to PBS&J Construction Services, Inc., to
provide construction engineering & inspection services for $67,149.54, for total project sum
$333,020.97 (PW)
Utility Easement for construction & maintenance of Lift Station #7 on hospital grounds at 323
Jeffords Street, Sec. 21-29.15, Government Lot 1 (Morton Plant Hospital Association, Inc.)(eA)
P'f8.
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30.
31.
32.
33.
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OTHER ITEMS ON CITY MANAGER REPORT
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35. First Reading Ord. #6353-99 - Amending Ch.
33, Sec. 33.067, relating to waterways and
vessels to amend defined areas for speed
. restrictions of vessels (extends wake zone in
Mandalay Channel by approx. 600 yards
north of Memorial Causeway to a point
marked by Mandalay Channel Daybeacon
# 1 )(MR)
36. Res. #98.61 - supporting County Ordinance
to create an Idle Speed Zone for portion of
water adjacent to the Courtney Campbell
Beach Causeway (PO)
37. Res. #98-56 - authorizing subordination of
100 square feet of an existing drainage &
utility easement along north side of Drew
Street, just east of US 1 9 (PW)
38. Approve purchase of real property known as
Dimmitt Property to be used for Town Pond
Regional Retention Project, for $1,265,094
(ED)
39. Approve Work Order to Camp, Dresser &
McKee, Inc. to provide design services for
Town Pond Project, for $554,279; authorize
loan from Consolidated Cash Pool to fund
cost of this project until such time as bonds
are issued (PW)
~12/10/98
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35. Approved. Ord. #6353-99 passed 1 st
reading.
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36. Approved. Res. #98-61 adopted.
37. Approved. Res. #98-56 adopted.
38. Approved.
39. Approved contingent upon successful
completion of Phase 2 environmental testing;
proceeding through geotechnical evaluations.
4
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, ,.0. Other Pending Matters
40. None;
CITY ATTORNEY REPORTS
41. Res. #98-60 - Demolition Lien - 1500 N.
Greenwood Ave.; Norwood 1 st Add., Blk B,
, south % of Lot 8 (Esther C. Hunt)
42. Res. #98-62 - Assessing property owners the
costs of having mowed or cleared owners'
lots
43. First Reading Ord. #6371-99 - Submitting to
the City Electors proposed non-substantive
amendments to the City Charter
44. First Reading Ord. #6372-99 - Submitting to
the City Electors a proposed amendment to
the City Charter amending Sec. 1.01 to
transfer certain language contained in
subsection (d' to subsection tal and to clarify
subsection Ib} to allow the City to exercise
its powers, perform its functions, and
participate in the financing thereof,' with any
person as defined by law
45. First Reading Ord. #6373-99 . Submitting to
. the City Electors proposed amendments to
the City Charter amending Sec. 2.01 (d}
regarding limitations on Commission power to
eliminate charter restrictions on purchasing of
goods and services; to increase amount of
dredging permitted without referendum; to
permit the sale, lease or donation of real
property for less than appraised value; to
limit leases of municipal property to 30 years;
to eliminate the requirement of recapture and
reverter clauses in leases; making certain
non-substantive changes
46. First Reading Ord. #6374-99 - Submitting to
the City Electors a proposed amendment to
, the City Charter amending Sec. 2.03 to
permit a Commissioner or Mayor-
Commissioner to serve two full terms In
addition to any partial term, and to provide
that Commissioners shall be sworn in at the
next' Commission meeting following their
election; and other non-substantive changes
47. First Reading Ord. #6375-99 - Submitting to
the City Electors proposed amendments to
", the City Charter amending Sec. 2.07{e) and'
<")1 2/10/98
41. Res. #98-60 adopted.
42. Res. #98-62 adopted.
43. Ord. #6371-99 passed 15t reading.
44. Ord. #6372.99 passed 1 st reading.
45. Ord. #6373-99 passed 1st reading.
46. Ord. #6374w99 passed 15t reading.
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47. Ord. #6375-99 passed 1st reading.
5
Tuscanv Aoartments Develooment Proiect - Authorized a 3% 20 year loan with two year
deferment to CEO Construction Company to develop a 240 Elderly Housing Apartment Complex.
~ If) to eliminate the Charter restrictions on
" "'" Advisory Boards; amending Sec. 3.03 (f) to
require the City Manager to make annual
comprehensive reports; amending Sec. 4.02
regarding City Attorney to eliminate certain
requirements; amending Sec. 6.0S'regarding
ordinances adopted by initiative or repealed
by referendum; amending Sec. 8.02 regarding
nonpartisan elections to address advertising
under the control of the candidates
48. First Reading Ord. #6376-99 - Submitting to 48. Ord. #6376-99 passed 1 st reading.
the City Electors a proposed amendment to
the City Charter amending Sec. 7.02 to
change the composition of the Charter
Review Committee; to require that the
charter amendments proposed by the
committee be submitted directly to
referendum '
49. First Reading Ord. #6377-99 - Submitting to 49. Ord. #6377-99 passed 1 st reading.
the City Electors a proposed amendment to
the City Charter repealing Article IX, Fiscal
Management Procedures, to eliminate the
requirement of a referendum for revenue
~ bond projects in excess of one million dollars
~~O. Other City Attorney Items 50. None.
51. City Manager Verbal Reports
52. Commission Discussion Items
a) (Cont. from 11/19/98) Taking position re Pinellas County Charter Revisions -- Supported Issues
#1 increasing County Commission membership, #2 Charter Review Commission composition, &
#3 Charter Initiative Petitions; Opposed Issue #4 re Future Charter Amendments not going to the
State legislature.
53. Other Commission Action
Seel commended Bob Keller and Diane Hufford for a booklet re and the success of 44 business
growth visits. She praised Ken Sides' Gateway to the Beach presentation to the MPO committee
and will leave it in the Commission's read flle. She provided an MPO update, stating: the 20/20
work plan was approved; T -2100 funds for Pinellas were increased $180 million for the next 5
years; a no-fee transportation z~ne was approved for the City of St. Petersburg and she hopes
V12/10/98
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Clearwater will look into doing the same. She noted a letter from DOT reporting a $1.9 billion
increase in resources for Improving traffic flow iI, the 1~4 corridor.
Johnson wished Merry Christmas and Happy New Year to Commissioners, staff, employees, and
citizens.
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Hoooer echoed holiday greetings and invited the public to attend the holiday parade and boat
show tomorrow night. He questioned the status of the City's evaluation re the Phillies. The City
Manager said an RFP is out for a series of evaluations; more information will be brought to the
January meeting.
Clark wished everyone Happy Hannukah and Merry Christmas. He echoed Seel's congratulations
to Keller and Hufford, adding he hopes 50 sites can be visited next year. He thanked
Commissioners for authorizing him to represent the City on the Gulf fisheries issue; he will draft a
formal letter for the Commission's signature regarding closing gag grouper season for 4 months.
He referred to a draft resolution concerning Tyrone Square Mall, and requested it be on the next
meeting's agenda. He complimented Garvey on her graciousness during citizen's comments
tonight.
Garvev encouraged the public to participate in downtown events during the next 2 weeks and
wished everyone Happy Holidays. ,
54.. Adjournment - 9:28 p.m.
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012/10/98
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CITY COMMISSION MEETING
CITY OF CLEARWATER
December 10, 1998
Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark
Karen Seel
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
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Also Present:
Michael J. Roberto
Richard L. Hedrick
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Gwen Legters
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
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The Mayor caIJed the meeting to order at 6:04 p.m. at City Hall. The invocation
was offered by Reverend Tom Norton of Skycrest United Methodist Church. The Mayor'
led the Pledge of Allegiance.
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To provide continuity for research. items are in agenda order although not necessarily
discussed in that order.
fit: ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Announcement of UpcominQ Events
The December schedule of activities was announced.
ITEM #5 - Introductions and Awards
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a) FNGA (Florida National Gas Association) award was presented.
Proclamation: Miniature Art Month, January 1999.
ITEM #6 - Presentations
a) Midland Companies art donation
Two pieces of artwork were presented for display at City locations.
b) Military Appreciation Day - Postponed
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12/10/98'
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.-, c) 1 998 Employee United Way Campaign Report
Campaign results were reported. Certificates and coffee cups were presented in
appreciation of the $82,113 pledges from City employees.
ITEM #7 - Minutes Approval
Commissioner Johnson moved to approve the minutes of the regular meeting of
November 19, 1998, a corrected page of previously approved November 5, 1998, and the
special meeting of December 7, 1998, as recorded and submitted in written summation by
the City Clerk to each Commissioner. The motion was duly seconded and carried
unanimously.
ITEM #8 - Citizens to be heard re items not on the AQenda
Tom Sehlhorst questioned police procedures in recent traffic accidents involving the
Mayor.
Shirlev Moran expressed appreciation for the holiday decorations and concerts at
Pier 60.
Rov Cadwell reiterated a complaint of being charged utility tees while out of town.
a
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Jack Alvord and Earlv Sorenson questioned past commission decisions in light of
recent concerns regarding the Mayor.
PUBLIC HEARINGS
ITEM #9 - VarianceCsl to Sian ReQulations for property located (Easy Pick) at 2320 Sunset
Point Rd., Sunset Point Estates, Blk a, Lot 18 & part of Lot 17(Marco Chealb, SV98-
21 )(PLD)
The applicant is requesting variances to allow an additional single~faced,
freestanding sign on a convenience store property. A single, freestanding sign (billboard)
exists on the property. When the property was purchased from Pinellas County in May,
1995, apparently the applicant was not informed the billboard was a non-conforming use.
According to a County representative, the sign may have conformed to code at the time of
sale. The applicant has desired to remove the billboard for some time, but was constrained
by an agreement with the billboard company. The City has since settled litigation with the
billboard company. The settlement includes a stipulation that all billboards are to be
removed from the City within 18 months of October 13, 1998. An adjacent restaurant to
the east blocks view of the applicant's property from traffic traveling west on Sunset Point
Road. The applicant has no practical ability to advertise his location. The requested sign
will be within current Land Development Code standards.
Mike Evans, attorney representing the applicant, related changes since the last time
he represented this applicant before the Commission. Concerns were expressed with there
::.) being no guarantee the billboard would be removed if the second freestanding sign is
mcc 1298
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1 2/10/98
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approved. In response to questions, Mr. Evans said the applicant's lease with the billboard
company expires in July 2000, close to the end of the billboard company's 18-month
compliance period. He said a second freestanding sign had existed when the property was
purchased 'from Pinellas County. He related the history of his cHent taking possession of
the property, doing renovations, and renewing the lease with the sign company without
knowing of the non-conformity. Planning Director Ralph Stone said there is no requirement
that attached signs be brought into compliance. It was not known whether the existing
attached signs comply.
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Discussion ensued regarding the code enforcement process. While understanding
the difficulties with signs involved in changes of ownership, it was felt the request should
not be approved until the billboard is removed.
Commissioner Seel moved to deny the applicant's request for a second single-faced,
freestanding sign for property located 'Easy Pick) at 2320 Sunset Point Rd., Sunset Point
Estates, Blk B, Lot 18 & part of Lot 17. The motion was duly seconded.
Mr. Evans said the applicant was victimized by County government and the billboard
company. He urged approval, as the City has a mechanism to ensure the billboard is
removed, and the requested sign would have no impact except to the people across the
street, who would not object because they are patrons of the applicant's store. In
response to questions, the City Attorney said removal of the billboard is one of the
enforcement steps available to the City. Eighteen months is the outside date; enforcement
could take place soo'ner. It was indicated there is no reason to believe the agreement will
not be honored; however, it was suspected the process may not be smooth.
Upon the vote being taken, the motion carried unanimously. Request denied.
ITEM #10 - Public Hearinq & First Readinq Ord. #6359-99 - Vacating N 5' of 10' Drainage
& Utility Easement lying along south side of Lot 6, Blk H, Northwood Estates - Tract F, less
easterly 5' (Erickson, V98-07)(PW)
This property is addressed 2933 Sweetgum Way South. An existing pool enclosure
encroaches into the easement. City review procedures currently prohibit this from
occurring, because Planning and Development Services requires a recent survey. The new
development code will require a survey per the Planning and Development Administrator.
No City utilities exist within the easement. Major utilities do not object to the vacation
request.
Commissioner Hooper moved to vacate the north 5' of a 10' drainage and utility
easement lying along the south side of Lot 6, Blk H, Northwood Estates - Tract F, less
easterly 5'. The motion was dUly seconded and carried unanimously.
The City Attorney presented Ordinance 6359-99'for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6359-99 on first reading. The motion
was dUly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
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"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
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ITEM #11 - Public Hearina & First Readina Ord. #6360-99 - Vacating 10' Utility Easement
lying along south side of Lot 16, Forest Estates (Cooley, V98-0811PW)
This property is addressed 1843 Oak Forest Drive South. An existing above-ground
'pool and wood deck encroach into the easement. City review procedures currently prohibit
this irom occurring, because Planning and Development Services requires a recent survey.
The new development code will require a survey per the Planning and Development
Administrator. No City utilities exist within the easement. Major utilities do not object to
the vacation request.
Commissioner Hooper moved to vacate a 10' utility easement lying along the south
side of Lot 16, Forest Estates. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6360-99 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6360-99 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
"Nays": None.
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ITEM #12 - Public Hearina & First ReadinQ Ord. #6361-99 - Vacating E Yz r-o-w of N.
Prospect Ave., lying north of Laura Street and City's request to vacate W Y:z r-o-w of N.
Prospect Ave., lying north of Laura Street, subject to retaining a 20' drainage & utility
easement (Theta Homes, V9S-09) (PW)
Commissioner Clark moved to continue Item 12, V98-09, to January 21, 1999. The
motion was duly seconded and carried unanimously.
ITEM # 13 - Public Hearina & First ReadinQ Ords. #6354-99 & #6355-99 - Annexation &
RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk
D, Lot 25 (Julian & Pauline Bridges, A98-28HPlD)
The applicant is requesting annexation of an existing single-family residential
property to obtain City sanitary sewer service. A sewer line is available in front of the
property in Baywood Avenue right-of-way to provide the needed service. The applicants
paid a $900, impact fee on October 13, 1998. Because the applicants' Homestead and
Disability exemptions exceed the property's assessed value, yearly taxes amount to $0.00.
The Planning and Zoning Board endorsed the request at their November 17 meeting.
Commissioner Johnson moved to annex and approve RS-6 Zoning for property
located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk 0, Lot 25. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6354-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6354-99 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
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"Nays": None.
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ITEM #11 - Public HearinQ & First Readlna Ord. #6360-99 ~ Vacating 10' Utility Easement
lying along south side of Lot 16, Forest Estates (Cooley, V98-08)(PW)
This property is addressed 1843 Oak Forest Drive South. An existing above-ground
pool and wood deck encroach into the easement. City review procedures currently prohibit
this from occurring, because Planning and Development Services requires a recent survey.
The new development code will require a survey per the Planning and Development
Administrator. , No City utilities exist within the easement. Major utilities do not object to
the vacation request.
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Commissioner Hooper moved to vacate a 10' utility easement lying along the south
side of Lot 16, Forest Estates. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 6360-99 tor first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6360-99 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel,' and Garvey.
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ITEM #12 - Public Hearina & First Readina Ord. #6361-99 - Vacating E Yz r-o-w of N.
Prospect Ave., lying north of Laura Street and City's request to vacate W' Yz r-o-w of N.
Prospect Ave., lying north of Laura Street, subject to retaining a 20' drainage & utility
easement (Theta Homes, V98-09)(PW)
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Commissioner Clark moved to continue Item 12, V98-09, to January 21, 1999. The
motion was duly seconded and carried unanimously.
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ITEM # 1 3 - Public Hearina & First Readinq Ords. #6354-99 & #6355-99 - Annexation &
RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk
D, Lot 25 (Julian & Pauline Bridges, A98-28HPLD)
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The applicant is requesting annexation of an existing single-family residential
property to obtain City sanitary sewer service. A sewer line is available in front of the
property in Baywood Avenue right-ot-way to provide the needed service. The applicants
paid a $900 impact fee on October 13, 1998. Because the applicants' Homestead and
Disability exemptions exceed the property's assessed value, yearly taxes amount to $0.00.
The Planning and Zoning Board endorsed the request at their November 17 meeting.
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Commissioner Johnson moved to annex and approve RS~6 Zoning for property
located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk D, Lot 25. The motion
was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 6354-99 for first reading and read it by title
only. CommIssioner Johnson moved to pass Ordinance 6354-99 on first reading. The
motion was duly seconded, and upon roll c~lI, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
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ttAyest,: Johnson, Clark, Hooper, Seel, and Garvey.
"Naystt: None.
The City Attorney presented Ordinance 6355-99 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6355-99 on first reading. The
motion was duly seconded, Clnd upon roll caUr the vote was:
"Nays": None.
ITEM #14 - (Cont. from 11/19/98) Public Hearinq & First Readinq Ord. #6348-99 -
regarding new Community Development Code (PLD)
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The City's consultant, Siemon, Larsen & Marsh, has completed the official draft of
the new development code to replace the existing land development code. The new code
has been reviewed by many citizen groups, neighborhood and professional organizations,
local engineering, architectural, contractor/builder, and realtor associations. Comments and
suggestions have been incorporatad into the proposed official draft. The new code has
been developed to provide land development regulations that address community needs
into the next century, and provide direction for redevelopment and new development. The
new code streamlines the development process and provides predictability and flexibility in
a manner that creates adequate safeguards for surrounding properties and neighborhoods.
At the November 19, 1998 City Commission meeting, the consultants presented the
draft code and received policy direction from the Commission. This policy direction, and
addenda previously received by the Commission, were incorporated into an updated code.
Major changes included: deleting the provision for accessory units (granny flats); lowering
the height of fences and walls in the single family areas to 36 inches rather than 6 feet;
creating the opportunity for adjacent property owners to appeal staff decisions on "flexible
standard" development projects; and providing specific guidelines for the use of the
Neighborhood Conservation Overlay District. Consultants and staff continue to meet with
individuals and neighborhood groups that have questions, concerns, and recommendations
regarding the new code. The above updates were presented for additional exposure at the
December 1, 1998 Planning and Zoning Board meeting. Proposed Official Draft #2 dated
November 30, 1998, and an Executive Summary were made available to the City
Commission. A December 10 addendum to Proposed Official Draft #2 corrected
scrivener's errors, reflected changes directed by the Commission, and brought forward
concerns expressed by the public during the Coalition of Neighborhood Association meeting
held the evening of December 7 1998.
Consultant Charles Siemon discussed substantive changes and responded to
questions regarding Addenda to Proposed Official Draft #2 dated November 30, 1998.
Commission direction was clarified that Section 5-202(8) should require 4 members
of the Community Development Board to be qualified and experienced in the fields of
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Upon the vote being taken, the motion carried unanimously.
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architecture, planning, landscape architecture, engineering, construction, planning and land
use law, and real estate.
In response to a question regarding Se~tion 3-904 concerning sight visibility at
intersections, it was indicated properties not in compliance at the time the code is adopted
would be considered legal non-conforming and would be required to comply if any changes
were made.
Mr. Siemon stated in response to questions, the "sidewalk vendor" category is
being added to the Tourist District (T) on page 2-1. He verified the City may not initiate an
overlay district; creation of such district must be initiated by 60% of the neighborhood.
Five persons spoke regarding the code. One expressed concerns and raised
numerous questions regarding treatment of non-conforming property; one urged locations
for entertainment and neighborhood commercial uses such a medical centers in the Tourist
district; one urged adopting the code immediately; and two requested more time be taken
for careful consideration.
Commissioners expressed appreciation for the help and participation by
homeowners, staff, and consultants. The importance was stressed of proper development
to preserve neighborhoods and setting minimum property standards.
.
Commissioner Johnson moved to approve the November 30/ 1998 Community
Development Code Proposed Official Draft #2 with December 10, 1998 addendum, plus
tonight's changes. The motion was duly seconded.
The City Attorney presented Ordinance 6348-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6348-99 on first reading, with
Draft #2 dated November 30, 1998, December 10/ 1998 addendum, and tonight's
changes. The motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
ITEM #15 - (Cont. from 11/5 & 11/19/98) Public Hearing - Declare surplus to city needs,
, 600 Franklin St., Gould & Ewing's 2nd Addition to Clearwater Harbor, Blk 7/ part of Lot 1,
for purpose of selling; approve contract with Pinellas County Housing Authority for sale
thereof, for $74,800 less closing expenses est. at $560, for approx. net sale proceeds of
$74,240 (ED) - OFFER WITHDRAWN
In response to questions, it was indicated the entire item, including declaration of
, surplus, is withdrawn due to withdrawal of the offer. No action is needed.
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CITY MANAGER REPORTS
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Public Hearina - Second Readina Ordinances
ITEM #16 - Ord. #6350-98 - Relating to Beautification Committee, amending Sec. 2.102 to
reduce number of members from nine to seven
The City Attorney presented Ordinance 6350-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 6350-98 on second
and final reading. ,The motion was duly seconded and upon roll call, the vote was:
IIAyes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
ITEM #17 - Ord. #6351-98 - Relating to purchasing; amending Sees. 2.547, 2.564 &
2.624, and deleting Secs. 2.602-2.608
The Ci,ty Attorney presented Ordinance 6351-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance 6351-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
IIAyes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
CONSENT AGENDA IItems #18-34) - Approved as submitted.
ITEM #18 - Aoproval of Purchases per 11/19/98 memorandum:
Spartan Oil Company, fuel for resale, 1/1/99-12/31/99, est. $1,000,000 (QOL)
Tampa Mack Sales and Service, one 1999 Mack RD690S chassis with Galbreath roll-off
hoist to be used throughout City by Solid Waste, $94,650; funding to be provided under
City' 5 Master Lease-Purchase Agreement (SW)
Reliastar, Inc;, employee group term life insurance for SAMP personnel, 1/1/99-12/31/99,
est. $50,000 (HR)
Don Reid Ford, twenty-three 1999 Ford Crown Victoria Pursuit Vehicles (replacement) for
use throughout City by Police Department, $563,195.02; funding to be provided under
City's Master Lease-Purchase Agreement (GSS)
Dell Marketing L.P., computer hardware to be used by engineering draftsman for autoc~d
functions, $39,896: funding to be provided under City's Master Lease Purchase Agreement
(GSS)
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Duval Ford, one 1999 Ford E-250 cargo van for use throughout City by Fire Department,
$21,618; funding to be provided under City's Master Lease-Purchase Agreement (FDI
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Caruso Chrysler Plymouth Jeep, Inc., one 1999 Jeep Cherokee utility vehicle for use
throughout City by Fire Department personnel, $19,036; funding to be provided under
City's Master Lease-Purchase Agreement (FD) ,
General Safety Equipment Corp., two 1999 Gladiator chassis fire & fire rescue fire trucks
for use throughout City by Fire Department, $653,576; funding to be provided under City's
Master Lease-Purchase Agreement (FD)
Brad Ragan Inc., 1st of 2 extensions, new tires for use by all departments, 1/1/99-
12/31/99, est. $175,000 (GSS)
American Welding Company, fabrication & Installation of new packing housing for east pit
located at Solid Waste, $74,004 (SWI
Dravo lime Company, high calcium quick lime for use at all WPC facilities, 1/15/99-
1/31/2002, est. $1,000,000 (PWI
ITEM #21 - (Cont. at 11/19/981 Approve continued participation in ioint venture to study
providing Emergency Medical Services (EMS) transportation services throughout Pinellas
County, cost not to exceed $38,000 (FD)
ITEM #22 - Purchase three Spartan chassis eQuipped fire en~lines from General Safety
Equipment for $980,364; funding to be provided under City's Master Lease-Purchase
Agreement (FD)
ITEM #23 - Authorize settlement of Workers' Compensation Claim of Dorothv Boaz (FNI
ITEM #24 - A'porove acceptance of one-year grant for fiscal year 1998-99 for Clearwater
Police Geographic Information System III from Florida Department of Community Affairs /
Drug Control and System Improvement Formula Grant Program, in the amount $95,056
(PO)
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ITEM #25 - Police Department Computer System - Approve assignment of City's eXisting
contract with PSI International, Inc., for provision of computer systems & integration
services to Logistic Systems, Inc., to include final payment to PSI of $817,070 for systems
delivered to date and an encumbrance of $791,954 for project completion to Logisys;
Approve immediate subsequent assignment of the message switch portion of that contract
from Logistic Systems, Inc. To Public Safety Technologies, Inc., at total remaining cost not
to exceed $70,000; Approve purchase of updated hardware from logisys to upgrade
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Computer Aided Dispatch system for $85,210; Approve cancellation of hardware
maintenance agreement with PSI; and Approve an expenditure not to exceed $16/000 to
Tew, Zinober, Barnes, Zimmet and Unice for outside counsel legal services related to this
contract assignment (PO)
ITEM #26 - Aoprove Aqreement with Florida Dept. of Business & Professional ReQulation -
Division of Alcoholic Beverages & Tobacco (DABT) to provide additional police overtime for
implementation of Schoor Proximity Tobacco Enforcement Program over 6-month period,
beginning sometime in January 1999 in exchange for up to $27,646.10 in state funding
(PO)
ITEM #27 - Approve Aqreement with Career Options of Pinellas. Inc. to design, implement
& administer a Special Initiative Program - Jobs for At Risk Youth and Adults, a portion of
the Weed and Seed grant program, in an amount not to exceed $50,000 (PO)
ITEM #28 - Approve Letter of Understandim:l with FOOT for construction & maintenance of
two storm water ponds to serve SR590 (Drew Street) widening, from Highland Ave. to NE
Coachman Rd. (PW)
ITEM #29 - Aporove Final Reclaimed Water Master Plan Uodate completed by McKim &
Creed Engineers, P.A.; authorize staff to submit approved plan to SWFWMD (PW)
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ITEM #30 - Aporove Aqreement with FOOT authorizing subordination of 100 square feet of
an existing drainage & utility easement along north side of Drew Street, just east of US 19
(PW)
ITEM #31 - Approve Conceptual Approval Aqreement with Florida Communities Trust
(P2000 Program) for shared cost of acquiring property along Stevenson Creek for
establishment of B preserve area (Wolfe Preserve) as part of improvements & clean up of
Stevenson Creek Estuary and for benefit of North Greenwood & Clearwater residents (PWI
ITEM #32 - Contract for Hillcrest Storm Pipe Replacement to Suncoast Excavating &
Utilities, Inc., for $23,545.50 (PWI
ITEM #33 - Contract for Madison Avenue/Gould Street Roadwav Imorovements to
Suncoast Development of Pinellas County, Inc., for $265,871.43; and Contract to PBS&J
Construction Services, Inc., to provide construction engineering & inspection services for
$67,149.54, for total project sum $333,020.97 IPWI
ITEM #34 - Utilitv Easement for construction & maintenance of Lift Station #7 on hospital
grounds at 323 Jeffords Street, Sec. 21 ~29-15, Government Lot 1 (Morton Plant Hospital
Association, Inc.)(CA)
Commissioner Hooper moved to approve the consent agenda, as submitted, and
authorize the appropriate officers to execute same. The motion was duly seconded and
carried unanimously.
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #35 - First Readino Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to
waterways and vessels to amend defined areas for speed restrictions of vessels (extends
wake zone in Mandalay Channel by approx. 600 yards north of Memorial Causeway to a
point marked by Mandalay Channel Daybeacon # 1) IMR)
The City has received a request to extend the wake zone in Mandalay Channel
north of the Memorial Causeway by approximately 600 yards, to a point marked by
Mandalay Channel Daybeacon # 1. By extending the wake zone in the area, staff feels that
vessels moored along the west side of Island Estates will be protected from wakes by
passing vessels. Approval of this request would locate the wake zone approximately
1,500 yards north of Memorial Causeway. The new location of the wake zone was
endorsed by the Marine Advisory Board. Currently the State of Florida has wake zone
permit number 90-026. The Florida Marine Patrol has advised the City that the extension
of the wake zone will be approved. After the ordinance is passed, the state will send an
amendment to the City permit. The US Coast Guard has no objection to the extension of
the wake zone and placement of the wake zone signs on Mandalay Channel Daybeacon #1.
All other existing City wake zones remain unchanged.
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Harbormaster Bill Morris stated the City has authority to issue requests for wake
zones. He displayed a ,map showing the requested wake zone area and discussed impacts
on the adjacent waterfront properties. In response to a question, he said adding an unlit
piling to the west side of Island Estates was not advisable as it would be considered an
unsafe structure.
Commissioner Clark moved to extend the wake zone in Mandalay Channel by
approx. 600 yards north of Memorial Causeway to a point marked by Mandalay Channel
Daybeacon #1. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6353-99 for first reading and read it by title,
only. Commissioner Hooper moved to pass Ordinance 6353-99 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
ITEM #36 - Res. #98-61 ~ supporting County Ordinance to create an Idle Speed Zone for
portion of water adjacent to the Courtney Campbell Beach Causeway (PO)
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The waters adjacent to the Courtney Campbell Beach causeway have become a
frequently used area for motorized watercraft. The operation of motorized watercraft in
proximity to the public beach creates a danger to the public's safety. The creation of an
Idle Speed Zone will ensure the safety of bathers while allowing the operators of motorized
watercraft ingress and egress from the shore. The Pinellas County Board of County
Commissioners has scheduled for first reading on December 15, 1998, and ordinance to
establish an Idle Speed Zone. The Clearwater Police Department supports Pinellas County
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in the adoption of an ordinance establishing certain Idle Speed Zones for motorized
watercraft on the water adjacent to the Courtney Campbell Beach Causeway.
Commissioner Clark moved to support the County Ordinance to create an Idle Speed
Zone for the portion of water adjacent to the Courtney Campbell Beach Causeway. The
motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 98-61 and read it by title only.
Commissioner Johnson moved to adopt Resolution 98-61 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
J'Ayes": Johnson, Clark, Hooper, Seel and Garvey.
ITEM #37 - Res. #98-56 - authorizing subordination of 100 square feet of an existing
drainage & utility easement along north side of Drew Street, just east of US 19 (PW)
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The Florida Department of Transportation (FOOT) has requested a subordination of
utility interest from the City of 100 square feet of an existing utility and drainage easement
along Drew Street (SR 590), just east of US 19 (SR 55). The FOOT requests that the City
adopt a resolution to initiate the agreement process. The 100 square feet will be used for
the truss support of an overhead sign. The City has no facilities within this 100 square
feet. The parcel of interest will be used to facilitate transportation improvements at the
Drew Street/US 1 9 interchange, and is in the best interest of the City. The agreement will
, set forth the terms and conditions under which the City and FOOT will abide, commencing
on the date the agreement is signed by both parties. The City will have the right to use
this land for its facilities providing they are in accordance with FOOT's current minimum
standards as outlined in the Utility Accommodation Manual.
Johnson moved to authorize subordination of 100 square feet of an existing
drainage & utility easement along north side of Drew Street, just east of US19. The
motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 98-56 and read it by title only.
Commissioner Hooper moved to adopt Resolution 98-56 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garv,ey.
"Nays": None.
ITEM #38 - Aoorove ourchase of real orooertv known as Dimmitt Prooertv to be used for
Town Pond Regional Retention Project, for $1,265,094 (EDl
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In connection with the planning for the Downtown Pond, staff has determined that
parcels C, 0, and E of the JJDimmitt Property" should be acquired. T~e purchase price is
$1,265,094, a negotiated agreement taking into account both the appraised value and the
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owner's listing price, and equal to $7.75 per square foot. Funding is to be provided from
the bond proceeds as anticipated in the results of the Utility Rate Study for the Stormwater
Utility. Any financial resources required to be used prior to the issuance of the bonds will
be provided by a loan from the consolidated cash pool and reimbursed at the time of bond
issuance. The contract provides for a longer than usual due diligence period 190 days)
during which the City will have performed phase I and II environmental assessments of the
property. Should environmental contamination be found, staff anticipates reopening
negotiations with the seller. The contract grants to the City an option to purchase parcels
A and B of the Dimmitt property (fronting on Cleveland Street.) The first option period has
no cost to the City and runs for 1 80 days from date of executed contract for purchase of
real property. The second option period would cost the City $ 50,000 for an additional six
months. The payment would be pro~rated should the City choose to exercise the option
during the latter period. Staff believes that having the option would permit the City to .
market the property as a redevelopment project in conjunction with the 8rownfields,
Enterprise Zone and CRA incentive package. The option can be assigned to the CRA. This
property represents the second of four parcels which must be acquired for the expansion
and improvement of the Pierce Street pond (Town Pond Project.)
It was indicated in response to questions, parcels C, 0, and E total about 8.5 acres;
more than 4.5 acres of which would be used for the pond.
Commissioner Clark moved to approve purchase of real property known as Dimmitt
Property: Parcel C (2915-15-88974-000-0090-01 Legal: Tack & Warren Lots 9, 10 and 11
& * vac alley S of Lot 9); Parcel 0 12915-15-54450-003-010-01 Legal: Magnolia Park Blk
3, Lots 1 thru 4 and 2915-15-16830-001-010-01 Legal: Coachman Heights Rev Blk A, Pt
lots 1 thru 4 & 16 thru 19 & % vac alley); and Parcel E (2915-15- 16830-002-01 O-Q 1
Legal: Coachman Heights Rev Blk S, Lots 1 & 2 less Rd & all of Lots 3, 4, 18, & 19 & Y2
vac alley N of Lot 1) to be used for Town Pond Regional Retention Project, for $1,265,094.
The motion was duly seconded and carried unanimously.
ITEM #39 - Aoorove Work Order to Camo. Dresser & McKee. Inc. to provide design
services for Town Pond Project, for $554,279; authorize loan from Consolidated Cash Pool
to fund cost of this project until such time as bonds are issued (PW)
The Town Pond project proposes to expand the existing Pierce Street Pond
stormwater facility, between Prospect Avenue and Ewing Street, north to Park Street. The
Town Pond project will: 11 increase storage capacity and storm water system level of
service in the downtown area; 2) resolve numerous flooding and aesthetic problems
associated with the existing pond; 3) create a regional stormwater retention and treatment
facility for downtown redevelopment; 4) establish a storm water district which will
stimulate economic redevelopment by reducing obstacles and start-up costs to prospective
businesses.; 5) improve aesthetics and create a park feature in downtown business area
south of Cleveland Street; and 6) facilitate a public-private partnership in financing
infrastructure improvements through the creation of a stormwater district which accepts
payments "in lieu of" for provision of starmwater services. The project includes expansion
of the existing pond facility, installation of water treatment features (circulation pumps,
plantings, sediment removal structures, etc.), creation of fringe park area with landscaping
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Commissioner Seel moved to continue Item #39 pending site contamination
assessment. There was no second.
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and pedestrian features around pond, creation of stormwater service district, and aesthetic
tie-in with downtown and bluff themes.
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Concerns were expressed with approving a work order for design services before
environmental assessments are done. Public Works Administrator Rich Baier said the only
way the pond can expand is to the north. It is known some remediation must be done to
make the property marketable, but work on Phase I has raised no serious concerns. The
clients are working with Southwest Florida Water Management District. It was stressed,
finishing the project as soon as possible is important to economic development. Discussion
ensued regarding time frames for design and implementation of Phase 2. Mr. Baier noted
the City has the ability to terminate the contract at will. Discussion ensued regarding the
limited options available. Concern was reiterated design should wait until contamination
levels are determined.
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Mr. Baier responded to questions and discussion ensued regarding funds budgeted
for remediation and site data needed from Phase 2.
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Commissioner Hooper moved to approve Work Order to Camp, Dresser & McKee,
Inc. to provide design services for Town Pond Project, contingent upon successful
completion of Phase 2 environmental testing; proceeding through geotechnical evaluations.
The motion was duly seconded. Upon the vote being taken, Commissioners Johnson and
Hooper and Mayor Garvey voted "Aye"; Commissioners Clark and Seel voted "Nay."
Motion carried.
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The meeting recessed from 8:20 to 8:38 p.m.
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ITEM #40 - Other Pendinq Matters - None.
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CITY ATTORNEY REPORTS
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ITEM #41 - Res. #98-60 - Demolition Lien - 1500 N. Greenwood Ave., Norwood 1 st Add.,
, Blk B, south * of Lot 8 (Esther C. Hunt)
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The City Attorney presented Resolution 98-60 and read it by title only.
Commissioner,Seel moved to adopt Resolution 98-60 and authorize the appropriate officers
to execute same. The motion was duly seconcl'ed and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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ITEM #42 - Res. #98.62 - Assessing property owners the costs of having mowed or
cleared owners' lots
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The City Attorney presented ,Resolution 98-62 and read it by title only.
Commissioner Hooper moved to adopt Resolution 98-62 and authorizo the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
IIAyes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #43 - First Readinq Ord. #6371-99 - Submitting to the City Electors proposed non-
substantive amendments to the City Charter
The City Attorney presented Ordinance 6371-99 for first reading and read it by title
only. Commissioner Johnson moved to pass the amended version of Ordinance 6371-99
'on first reading. The motion was duly seconded, and 'upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
ITEM #44 - First Readino Ord. #6372-99 - Submitting to the City Electors a proposed
amendment to the City Charter amending Sec. 1.01 to transfer certain language contained
in subsection (d) to subsection (a) and to clarify subsection (b) to allow the City to exercise
its powers, perform its functions, and participate in the financing thereof, with any person
as defined by law
,'The City Attorney presented Ordinance 6372-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6372-99 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
lINays": None.
ITEM #45 - First Readinq Ord. #6373-99 ~ Submitting to the City Electors proposed
, amendments to the City Charter amending Sec. 2.01 (d) regarding limitations on
Commission power to eliminate charter restrictions on purchasing of goods and services; to
increase amount of dredging permitted without referendum; to permit the sale, lease or
donation of real property for less than appraised value; to limit leases of municipal property
to 30 years; to eliminate the requirement of recapture and reverter clauses in leases;
making certain non-substantive changes
It was indicated a comma is missing after the word, "donated" in the 4lh line of
Section 2.01 (d)(4)(v) on page 3 of the ordinance. In response to a question, City Attorney
Pam Akin said this section has no effect on the provision regarding sale of City property to
charitable or religious organizations.
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"Ayes": Clark, Hooper, Seel, and Garvey.
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The City Attorney presented Ordinance 6373-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6373-99 on first reading. The motion
was duly, seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
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"Nays": None.
ITEM #46 - First ReadinQ Ord. #6374-99 - Submitting to the City Electors a proposed
amendment to the City Charter amending Sec. 2.03 to permit a Commissioner or Mayor-
Commissioner to serve two full terms in addition to any partial term, and to provide that
Commissioners shall be sworn In at the next Commission meeting following their election;
and other non-substantive changes
One concern was expressed the voters approved two terms, not two terms and a
partial. While supporting the Charter Review Committee's recommendation, it had been
hoped they would recommend language resembling that in the US Constitution regarding
this issue.
The City Attorney presented Ordinance 6374-99 for first reading and'read it by title
only. ,Commissioner Hooper moved to pass Ordinance 6374-99 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
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"Nays": Johnson.
Motion carried.
ITEM #47 - First Readlnq Ord. #6375-99 - Submitting to the City Electors proposed
amendments to the City Charter, amending Sec. 2.07(e) and (f) to eliminate the Charter
restrictions on Advisory Boards; amending Sec. 3.03 (f) to require the City Manager to
make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to
eliminate certain requirements; amending Sec. 6.09 regarding ordinances adopted by
initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to
address advertising under the control of the candidates
The City Attorney presented Ordinance 6375-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6375-99 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
nAyes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
ITEM #48 - First Readinq Ord. #6376-99 - Submitting to the City Electors a proposed
amendment to the City Charter amending Sec. 7.02 to change the composition of the
Charter Review Committee; to require that the charter amendments proposed by the
committee be submitted directly to'referendum
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, In'response to a question, City Attorney Akin said State law requires charter
changes to be submitted to referendum and adopted by ordinance. The law removes
authority from the Commission to change a ballot question. Some expressed concern with
including Commissioners on the Charter Review Committee; and were comfortable placing
their trust in an all-citizen committee. Others were comfortable having two Commissioners
on the committee.
The City Attorney presented Ordinance 6376-99 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6376-99 on first reading. The'
motion was duly seconded, and upon roll call, the vote was:
11 Ayes": Hooper, Seel, and Garvey.
"Nays": Johnson and Clark.
Motion carried. '
iTEM #49 - First Readinq Ord. #6377-99 - Submitting to the City Electors a proposed
amendment to the City Charter repealing Article IX, Fiscal Management Procedures, to
eliminate the requirement of a referendum for revenue bond projects in excess of one
million dollars
The City Attorney presented Ordinance 6377-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6377~99 on first reading. The motion
~:l,~:) was duly seconded, and upon roll call, the vote was:
"Ayes": Clark, Hooper, and Garvey.
"Nays": Johnson and Seel.
Motion Carried.
ITEM #50 - Other City Attornev Items - None
ITEM #51 - City Manager Verbal Reports
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Tuscanv Apartments Development Proiect-Authorize a 3%, 20-year loan with a two-year
deferment to CEO Construction Companies to develop a 240 Elderly Housing apartment
Complex
On March 5, 1998, the City Commission authorized local contributions of $914,490
to support the development of Tuscany Apartments by CED Construction Company under
the low Income Housing Tax Credit Program. CED Construction Company was not
successful in their application for funding under the Low Income Housing Tax Credit
Program. The unsuccessful tax credit application voided the City's commitment of
$914,490 support to the development of Tuscany Apartments. CED applied for and was
awarded $9,500,000 In tax exempt bonds through the Multi-family Rental Housing Bond
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Program to develop Tuscany apartments. The total project cost is $16,471,327. CEO is
applying for $1,221 ,087,through the State of Florida State Housing Incentive Program.
The State Housing Incentive Program requires a $1,000,000 local commitment for
applicants. On Oecember 10, 1998, CEO Construction Companies requested that the City
reaffirm its loan to Tuscany Apartments in the amount of $250,000. The terms of the
original loan were a 1 % interest only loan for 239 payments and a balloon on the 240lh
payment. This loan is a 3%, 20-year loan with a two-year deferment. To complete the
$1,000,000 requirement, CEO has a commitment of $276,625 from Pinellas County. The
terms of this loan are also a 3%, 20-year loan with a two-year deferment. CEO will use
$700,000 from tax credits associated with bond financing proceeds as the final
commitment. CEO's application through the State's SAIL (State Apartment Incentive Loan)
Program will not be successful without the City's subsidy~ A letter of commitment from
the local government is necessary. This commitment could be contingent upon CEO
Construction Company meeting all required underwriting criteria established by the City.
CEO will make a formal application with the City within 90 days. CEO Construction will
provide $5,223,615 in owner equity to develop Tuscany Apartments. CEO Construction
Company has stated that the balance of the local contributions the City authorized for the
low income housing tax credit project is still needed. CED will make a formal request for
those funds in January 1999. Approval of this 3%, 20-year loan with a two-year
deferment does not commit the City to approving any other concessions associated with
this project.
Commissioner Clark moved to agenda this emergency item for discussion. The
motion was duly seconded and carried unanimously.
Oeputy City Manager Rick Hedrick stated this item, part of the Sunshine Mall
redevelopment project, is more favorable to the City than the loan program the Commission
approved in March. He requested approval contingent on CEO getting appropriation
approval through the State's SAIL Program and providing adequate documentation to the
City. Approval of this item would not ct?mmit the City to further concessions.
Ed Armstrong, attorney representing the applicant, and Scott Culp, Oirector of
Oevelopment with CEO, responded to questions, stating if the SAIL is not approved. other
tax-exempt funding sources must be found.
Commissioner Johnson moved to authorize a 3%, 20-year loan with a two-year
deferment to CEO Construction Companies to develop a 240 Elderly Housing apartment
Complex.
In response to questions, Housing Manager Mike Holmes said the 3%, 20-year loan
will not cost the City; the City would get a 3% return. He said the $250,000 requested by
CEO is in this year's budget through the HOME program. ~iscussion ensued regarding the
SAIL application process and impacts on the City's revenue stream if this item is approved.
It was indicated the $914,490 was not an expenditure, but a waiver of fees. In response
to a question regarding CEO providing $5,223,615 in owner equity, discussion ensued
regarding the Sources and Uses Statement with regard to cash equity. Mr. Holmes
indicated a mortgage would be prepared, with the City as third party with Pinellas County.
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The motion was duly seconded and carried unanimously.
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It was indicated this item is coming to the next meeting with a request for more money to
total $914,490.
In response to a question regarding anticipated tax revenue on the $16,471,327
project, Mr. Culp said he will bring an updated positive economic impact analysis to the
next meeting. Rental on the apartment units will be about $ 500 per month. Mr. Culp
discu'ssed reasons ceo was not successful in their application for funding under the Low
Income Housing Tax Credit Program, stating timeliness was not a factor. Discussion
ensued regarding the point scoring criteria associated with the package. '
ITEM #52 - Commission Discussion Items
aHCent. from 11119/98) Taking position re Pinellas County Charter Revisions ra increasing
County Commission membership & future revisions not going to State Legislature
Commissioner Clark moved to support Issue #1 increasing the Pinellas County
Commission from 5 to 7 members, with all members running County-wide. The motion
was duly seconded and carried unanimously.
Commissioner See I moved to support Issue #2 regarding Charter Review Commission
composition. The motion was duly seconded and carried unanimously.
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{>':-~, Commissioner Johnson moved to support Issue #3 regarding #3 Charter Initiative
Petitions. The motien was duly seconded and carried unanimously.
Discussion ensued regarding pros and cons of Issue #4, future Charter amendments
not going to the State Legislature. Concerns were expressed too much authority would be
ceded to County voters. It was indicated no sponsor has come forward to take this change
to the legislature.
Commissioner Clark moved to support Issue #4, future Charter amendments not going
~o the State Legislature. There was no second.
Commissioner Hooper moved to oppose Issue #4, future Charter amendments not
going to the State Legislature. The motion was duly seconded. Commissioners Johnson,
Hooper, See I and Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion
carried.
ITEM #53 - Other Commission Action
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Commissioner Seel commended Bob Keller and Diane Hufford for a booklet re and the
success of 44 business growth visits. She praised Ken Sides' Gateway to the Beach
presentation to the MPO committee and will leave it in the Commission's read file. She
provided an MPO update, stating: the 20/20 work plan was approved; T-21 00 funds for
Pinellas were increased $180 million for the next 5 years; a no-fee transportation zone was
approved for the City of St. Petersburg and she hopes Clearwater will look into doing the
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n same. She noted a letter from DOT reporting a $1.9 billion increase in resources for
. .,' Improving traffic flow In the '1-4 corridor. '
Commissioner Johnson wished Merry Christmas and Happy New Year to
Commissioners, staff, employees, and citizens.
Commissioner Hooper echoed holiday greetings and invited the public to attend the
holiday parade and boat show tomorrow night. He questioned the status of the City's
evaluation re the phillies'. The City Manager said an RFP is out for a series of evaluations:
more information will be brought to the January meeting.
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Commissioner Clark wished everyone Happy Hannukah and Merry Christmas. He
echoed Seel's congratulations to Keller and Hufford, adding he hopes 50 sites can be ,
'visited next year. He thanked Commissioners for authorizing him to represent the City on
the Gulf fisheries issue; he will draft a formal letter for the Commission's signature
regarding closing gag grouper season for 4 months. He referred to a draft resolution
,concerning Tyrone Square Mall, and requested it be on the next meeting's agenda. He
complimented Garvey on her graciousness during citizen's comments tonight.
. Maver Garvev encouraged the public to participate in downtown events during the
next 2 weeks and wished everyone Happy Holidays.
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