02/04/1999 (2)
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COMMISSION
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City Commission Minutes
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CITY COMMISSION MEETING
CITY OF CLEARWATER
February 4, 1999
Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark"
Vacant Seat
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also Present: Michael J. Roberto
Pamela K. Akin
Keith Ashby
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
City Attorney
Chief of Staff
CIty Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Commissioner Clark. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
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ITEM #3 - Introductions and Awards - None.
....), ITEM #4 - Presentations - None.
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ITEM #5 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
January 21, 1999, as corrected by the City Clerk. The motion was duly seconded and
carried unanimously.
ITEM #6 - Citizens to be heard re items not on the AClenda
Rov Cadwell referred to Constitutional due process protections and requested the
City Attorney review City laws related to private property issues.
Bill Jonson questioned the status of the billboard settlement. Staff is citing out of
compliance billboards. The City Attorney will notify Eller regarding the City's plan to
remove seven billboards if no action is taken to meet the settlement agreement by February
8, 1999.
John Doran complimented the Beach Library branch and its new location.
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PUBLIC HEARINGS
ITEM #7 - (Cont'd from 01/21/991 Variance{s) to Sian ReQulations for property (Winn Dixie)
located in Northwood Plaza Shopping Center, 2514 McMullen Booth Road, Sec. 28-28-16,
M&B 33.02 (John Hancock Life Insurance Co., SV98-24HPLD)
On January 21, 1999, the City Commission directed staff to work with the
applicant to limit the request to 3 signs and to reduce the requested size variance. The
applicant has withdrawn the request for 5 wall signs and decrea~ed the request to 39.06
square feet to allow 229.75 square feet of slgnage. Staff recommends approval ot the
amended request. It was stated the variance violates the sign code. It was felt the
business' setback from McMullen-Booth Road warrants approval.
Commissioner Hooper moved to approve the amended request of John Hancock Life
Insurance Company for Winn Dixie Stores to allow a variance of 39.06 square feet of
attached signage at the Winn Dixie store in the Northwood Plaza Shopping Center at 2514
McMullen-Booth Road on property zoned Commercial Center District an~ identified as Sec.
28-28~16, M&B 33.02, for meeting Sec. 45.24 Standards for Approval, items (1 )-(4) and
that the appropriate officials be authorized to execute same. The motion was duly
seconded. Commissioners Hooper, Clark, and Mayor Garvey voted" Aye"; Commissioner
Johnson voted "Nay." Motion carried.
Public Hearina - Second Readina Ordinances
ITEM #8 - Ord. #6361-99 - Vacating E Yz r-o-w of N. Prospect Ave., lying north of Laura
Street and City's requ~st to vacate W Yz r-o-wof N. Prospect Ave., lying north of Laura
Street, subject to retaining a 10' drainage & utility easement (Theta Homes, V98-09)
Commissioner Clark moved to amend page 1, in Section 1 of Ordinance #6361-99
in the second line from the bottom, and change" 1 5 feet" to "5 feet" to read as follows: ".
. .together with retaining the East 5 feet of the West Yz right-at-way ot Prospect Avenue
as a drainage and utility easement." The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6361-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6361-99 as
amended on second and tinal reading. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
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ITEM #9 - Ord. #6362-99 - Annexation for property located at 1220 Stockton Dr.,
Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-30)
The City ~ttorney presented Ordinance #6362-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6362-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #10 - Ord. #6363-99 - RS-8 Zoning for property located at 1220 Stockton Dr.,
Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-30)
The City Attorney presented Ordinance #6363-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6363-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #11 - Ord. #6364-99 - Annexation for property located at 2185 Burnice Dr., Glen
Ellyn Estates, Lot 32 (David & Margaret Clark and David & Daria Warner, A98-31)
The City Attorney presented Ordinance #6364-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6364-99 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesl1: Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM # 1 2 - Ord. #6365-99 - RS-6 Zoning for property located at 2185 Burnice Dr., Glen
Ellyn Estates, Lot 32 (David & Margaret Clark and David & Daria Warner, A98-31)
The City Attorney presented Ordinance #6365-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6365-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
nAyes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
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ITEM # 13 M Ord. #6366-99 - Land Use Plan Amendment to Institutional for property located
at 902, 904 & 906 Grant St., First Addition to Norwood, Blk B, lots 1-3 (James & Bonnie
Jackson, Ester Hunt, & Saint John Missionary Baptist Church of Clearwater, Inc., lUP98-
11 )
The City Attorney presented Ordinance #6366-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6366-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #14 - Ord. #6367-99 - P/SP Zoning for property located at 902, 904 & 906 Grant
St., First Addition to Norwood, Blk B, lots 1-3 IJames & Bonnie Jackson, Ester Hunt, &
Saint John Missionary Baptist Church of Clearwater r Inc., Z98M 1 3)
The City Attorney presented Ordinance #6367-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6367-99 on
second and final reading. The motion was duly seconded. Upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Naystl: None.
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ITEM # 1 5 - Ord. #6368-99 - Readopting the land Use Plan Amendment previously adopted
by Ord. #6172-97, to Recreation/Open Space and Preservation for property located at
2950 Drew Street, Sec. 8-29-16, M&B 44.01 (City of Clearwater, lUP97-07)
. The City Attorney presented Ordinance #6368-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6368-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #16 - Ord. #6370-99 - Authorizing issuance of not to exceed $35 million Housing
Revenue Bonds (BEF r Inc. Project) in one or more series to be applied to pay a portion of
the cost of the acquisition and rehabilitation of the Oak Cove and Bluff Cove buildings;
providing for payment of the bonds from the revenues of the project financed therewith
and certain other legally available funds; authorizing approval of the form of ~he financing
documents by resolution; making other covenants and agreements in connection therewith
The City Attorney presented Ordinance #6370-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6370-99 on
second and final reading. The motion was duly seconded.
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Finance Administrator Margie Simmons reported there were no comments at the
February 3, 1999, Public Hearing.
Upon roll call, the vote was:
lIAyes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #17 - Ord. #6383-99 - Vacating 5' Utility, Easement lying along rear of Lots 1-13,
Blk E, Hibiscus Gardens (Cleveland Plaza. Ltd., V99-01)
The City Attorney presented Ordinance #6383-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6383-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #18 - Ord. #6384-99 - Vacating W 2.5' of 10' Drainage & Utility Easement lying
along E side of Lot 473, Morningside Estates, Unit 68, less northerly 5' (Dunham, V99-02)
The City Attorney presented Ordinance #6384-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6384-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #19 - Ord. #6385-99 - Vacating 3' x 20' Utility Easement lying along easterly lot line
of Lot 37, Ambleside First Addition (Polglaze, V99-03)
The City Attorney presented Ordinance #6385-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6385-99 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-31) - Approved an submitted.
ITEM #20 - Approval of Purchases per 01/14/99 memorandum:
Environmental Control Systems and Products, odor neutralizer to be used in all WPC
facilities, 02/05/99-01/31/02, estimated $1 50,000 (PW)
West Coast Plumbing and Gas Inc., 1st of 2 renewal options, gas meter change out and
loop rebuild throughout CGS, 03/01/99-02/29/00, estimated $42,000 (GAS)
ITEM #21 - Apooint Fire Chief Rowland E. Herald as trustee of the Clearwater Firefighters'
Supplemental Trust Fund (FD)
ITEM #22 - Aoorove amendment to existing 10 year Emergency Medical Services (EMS)
First-Responder Agreement with Pinellas County Emergency Medical Services Authority
(FD)
ITEM #23 - Purchase of seven Lifeoak 12 defibrillator devices & suooortina eQuioment for
use throughout City by Fire Rescue personnel, Physio-Control Corp., $111; 1 81; funding to
be provided under City's Master Lease-Purchase Agreement (FO)
ITEM #24 - Approve $100,000 dona'lion to Clearwater Homeless Intervention Proiect, Inc.,
for' operations, funding to be provided by l,mappropriated retained earnings of the Special
Program Fund (POI
ITEM #25 - Confirm appointment of James H. Moore to Board of Trustees, Clearwater
Police Supplementary Pension Plan (PO)
ITEM #26 - Acceot third vear local law Enforcement Block Grant (LLEGB) funding in the
amount $316,739 from U.S. Dept. of Justice / Bureau of Justice Assistance (PO)
ITEM #27 - Contract for Sanitary Sewer System Evaluation & Self Audit. Phase I, Tampa
Bay Engineering, $299,682 (PWI
ITEM #28 - Contract for Countryside Police Substation Addition & Renovation, Oakhurst
Construction Company, Inc., $312,668 including alternate bids 1 & 2; approve a first
quarter budget amendment to allow the upgrade of the security system, telephone system
& trailer renovation with unused funds from a completed CIP (PW)
ITEM #29 - Appoint Commissioner Johnson to represent Commission as Canvassing Board
(ClK)
ITEM #30 - Appoint Commissioner Hooper to replace Commissioner See I on MPO to
complete term to 09/01/99 (elKI
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02/04/99
. "' ITEM #31 - Amendment to Seville Boulevard Aareement with Zorn Bayside Arbors, Ltd.
(CA)
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Commissioner Clark moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
OTIiER ITEMS ON CITY MANAGER REPORT
ITEM #32 ~ First Readlm:! Ord. #6369-99 - Relating to Utilities; amending Appendix A -
Schedule of Fees, Rates and Charges to provide revised rates for Clearwater Gas System,
to become effective for all billings on or after 03/01/99 IGAS)
This ordinance will allow CGS (Clearwater Gas System) to expand its customer base
by providing L.P. (propane) gas bulk delivery service, the predominant industry option.
New rates are industry-based and responsive to competition. As gas meters and monthly
. readings will be unnecessary, customer charges can be reduced. The service will transfer
L.P. tank inventory from CGS to the customer, enhancing CGS' cash flow. The ordinance
also cleans up outdated references and includes minor modifications.
The City Manager said the FRC (Fiscal Review Committee) will provide feedback
regarding the proposal prior to second reading. CGS Managing Director Chuck Warrington
said the rate includes a transitional option for current metered L.P. services through March
31, 2000, and cost-based metered L.P. service rates thereafter. It was noted this
ordinance addresses bulk rates and labor costs and does not raise gas rates.
Commissioner Johnson moved to approve changes to the "Clearwater Gas System
Fees, Rates and Changes" section of Appendix A of the City's Code of Ordinances to
become effective for all billings on or after March 1, 1999. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #6214-98 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6214-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #33 - Res. #99-13 - permitting City Manager to negotiate and sign a no cost public
purpose lease with FOOT for land along Courtney Campbell Causeway for use as public
recreation area for initial period of 5 years and renewable annually thereafter (PO)
For many years, local and metropolitan area residents have used the sandy area on
the south side of the Courtney Campbell Causeway near its western end, as an unofficial
beach and recreation area. Usage increases annually with large crowds and heavy car and
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boat traffic. Fights, disorderly conduct, reckless watercraft operations, and traffic crashes
have created a public nuisance affecting the health and safety of Clearwater citizens and
imposing a heavy demand on police resources.
Staff recommends permitting the City Manager to negotiate and sign a no-cost
public purpose lease for the subject land with FOOT (Florida Department of Transportation)
for use as a public recreation area for an initial 5-year period. The lease would provide the
City the legal authority necessary to control activities and enhance public safety. The
Courtney Campbell Causeway Recreational Area is approximately 1,600 feet east of the
McMullen-Booth Road/SR 60 intersection, following along the shoreline in an easterly
direction, encompassing areas to the south edge of SR 60's pavement, to a point
approximately 2,120 feet east of the beginning point.
The City Manager reviewed plans to post minimum standards information on
decorative signs at the recreational area. He reported a 40% increase in police calls to the
area during recent years.
Commissioner Clark moved to approve permitting the City Manager to negotiate and
sign a no-cost public purpose lease with FDOT for land along the Courtney Campbell
Causeway for use as a public recreation area for an initial period of five years and
renewable annually thereafter, and that the appropriate officials be authorized to execute
same. The motion was duly seconded.
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One person spoke in opposition and submitted a petition said to have been signed
by :1,000 people.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Resolution #99-13 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #99-13 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
. the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #34 - First Readinq Ord. #6382-99 - Relating to Reclaimed Water Availability and
Rates; amending Art. IX, Sec. 32.380; amending Appendix A - Schedule of Fees! Rates and
Charges (PW)
City Code, Section 32.380, related to reclaimed water availability charges, does not
reference properties with irrigation wells and allows property owners with irrigation wells to
be charged a reclaimed water avallability fee. Language in the proposed ordinance will
address this issue.
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The rate study associated with the Reclaimed Water Mater Plan was based on
avallable'data. New rates proposed in the Reclaimed Water Master plan will encourage
connection to the Reclaimed Water system. On December 10, 1998, the Commission
approved the' Reclaimed Water master plan which then was transmitted to SWFWMO
(Southwest Florida Water Management District). The proposed ordinance will revise
reclaimed water rates.
Commissioner Hooper moved to approve amending Section 32.380, Availability
charge, and amending appendix A Schedule of fees, rates and charges, of the Code of
Ordinances. The motion was duly seconded and carried unanimously.
. The City Attorney presented Ordinance #6382-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6382w99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
nAyes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #35 - (Cont'd from 01/21199) Beautification Committee - 2 appointments (CLK)
,
Commissioner Johnson moved to appoint Brooks Hammac and Richard Ruben to the
Beautification Committee. The motion was duly seconded.
It was recommended Items #35 and #36 be continued to February 18,1999, in
hopes of attracting additional volunteers. Commissioner Johnson and the seconder
withdrew their motions.
AND
ITEM #36 - ICont'd from 01/21/99) Parks and Recreation Board - 1 appointment (ClK)
Commissioner Johnson moved to continue Items #35 and #36 to February 18,
1999. The motion was duly seconded and carried unanimously.
ITEM #37 - Library Board - 1 appointment (ClK)
Commissioner Clark moved to appoint Jill Perrino. The motion was duly se90nded
and carried unanimously.
ITEM #38 - Community Relations Board - appointments (eLK)
It was recommended more than two County residents be permitted to serve on this
board which serves Northern Pinellas County. It was recommended board members live in
northern Pinellas County. Staff is reviewing the ordinance for possible changes.
Appointments are necessary today to meet quorum reqllirements.
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. Commissioner Clark moved to appoint Herb Weed to the Industrial Management
, category. The motion was duly seconded and carried unanimously.
Commis,sioner Hooper,moved to appoint E. J. Robinson to the Property Leasing
category. The motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Isay Gulley to the Real Estate Sales
category. Tne motion was duly seconded and carried unanimously.
Commissioner Clark moved to appoint Anne Johnson to the At-Large category. The
motion was' duly seconded and carried unanimously.
Commissioner Hooper moved to appoint Bob Reece to the At-Large category,
pending a determination he lives within City limits. The motion was duly seconded and
carried unanimously. (It was determined Mr. Reece lives within the City limits.)
ITEM #39 - Other PendinQ Matters - None.
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CITY ATTORNEY REPORTS
ITEM #40 - Res. #99-05 - Abatement Lien - 807 Jeffords St., Milton Park, Blk 3, Lot 7 &
* vacant alley (P&A Holdings)
The City Attorney presented Resolution #99-05 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99~05 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #41 - Res. #99-06 - Abatement Lien - 1604 EI lair Trail, Coachman Ridge, Tract A-1
(Jerold & Toni Miller)
The City Attorney presented Resolution #99.06 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #99-06 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
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ITEM #42 ~'Res. #99-07 - Abatement Lien - 1402 N. Greenwood Ave., Lincoln Place Sub.,
. Blk 1, Lot 7 (G. Patricia Taliaferro & Hardy Griffin, Jr.)
The City Attorney presented Resolution #99-07 and read it by title only.
'. Commissioner Johnson moved to pass and adopt Resolution #99-07 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayesu: Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #43 - Res. #99-08 - Abatement Lien - 2630 Gulf to Bay Blvd., Part of SW ~ of NW
% of Sec. 17-29-16, less part conveyed to FOOT (H & L Clearwater Partners Ltd.)
The City Attorney presented Resolution #99-08 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99-08 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was: '
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #44 ~ Res. #99-09 - Demolition Lien - 1007 & 1009 Vine Ave., Revised Map of
Jurgens Addition to Clearwater, Blk 0, Lots 3 lJeffrey & Zenith Thaler)
The City Attorney presented Resolution #99-09 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #99-09 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #45 - Res. #99-10 ~ Demolition Lien - 1462 Laura St., Highland Grove Sub., Blk B,
Lots 31 & 32 IIda Kendall & Kristi Curtis)
The City Attorney presented Resolution #99-10 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #99-10 and authorize the
appropriate officials to execute same. The motion was duly seconded .~nd upon roll call,
the vote was:
ttAyes": Johnson, Clark, Hooper and Garvey.
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"Nays": None.
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ITEM 46 - Res. #99-11 - Demolition Lien - 1502 N. Greenwood Ave., Norwood 1 st
Addition, N % of Lot 8 (Esther Hunt)
The City Attorney presented Resolution #99-11 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #99-11 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
ttNays": None.
ITEM #47 - Other City Attorney Items - None.
ITEM #48 - City Manaaer Verbal Reoorts - None
ITEM #49 - Other Commission Action
Commissioner Johnson questioned the background of a letter. Commissioner Clark
said the courts have upheld the referenced Phoenix law which protects public
transportation buses from having to display offensive advertising.
Commissioner Hoooer recommended the CRA (Community Redevelopment Agency)
appoint Commissioner Johnson to the DDB (Downtown Development Board) ex-officio
position.
Commissioner Hooper thanked intern John Lewis and wished him success.
Commissioner Clark congratulated Commissioner Hooper on his reelection to the
Commission.
Commissioner Clark recommended discussion be delayed regarding a City of Indian
Rocks Beach proposed beach bus route. This issue will be brought back after the City
Manager meets with the PSTA IPinellas Suncoast Transit Authority) Executive Director.
Mayor Garvey recommended a process to appoint members to the Community
Development Board. It was recommended terms be staggered. It was suggested current
Planning & Zoning Board and Development Code Adjustment Board members are qualified
to serve. Applications already received will be forwarded to the City Commission.
Consensus was for Commissioners to submit three nominations each to the City
Clerk Department in time for a February 18, 1999, consideration.
Mayor Garvey apologized, indicating she was unaware former Commissioner Seel's
last meeting was January 21, 1999. Arrangements are being made for a gift presentation.
mcc02a99
12
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~JV~fS'.' .' ,. . , .. Mavor' Garv~v reporie~ a Sister City fund-raiser Is scheduled at the Library on
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Mavor GarveY. invited. people to attend Saturday's Downtown Farmers Market, now
celebrating its 4th anniversary. .
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ITEM #50- Adiournment
The meeting adjourned at 7:21 p.m.
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