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,COMMISSION
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City Commission Minutes
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CITY COMMISSION MEETING
CITY OF CLEARWATER
February 18, 1999
Present: :) Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark
Vacant Seat
Mayor/Commissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
Also Present: Michael J. Roberto
Richard L. Hedrick
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Deputy City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:03 p.m. at City Hall. The invocation
was offered by Commissioner Johnson. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) United Way 1998 Award to City
The City was presented the 2nd Place Overall 1 998 United Way Communications
Award.
b) Phillies Campaign
The 1 999 advertising and marketing campaign for the Phillies' 53rd year was
reviewed and a video was aired. Opening day is March 4, 1999.
ITEM #6 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
February 4, 1999, as recorded and submitted in written summat,ion by the City Clerk to
each Commissioner. The motion was duly seconded and carried, unanimously.
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. ITEM #7 - Citizens to be heard re Items not on the Acenda
Earlv Sorenson presented a redevelopment plan for North Greenwood and
complained some beach businesses hire illegal aliens.
Jack Alvord said the Commission usually votes against neighborhood protection.
Ed Wells requested the City contribute to the construction of a track at Clearwater
High.
Sonia Haucht expressed concern regarding the care of property and a proposed
development on Sand Key.
PUBLIC HEARINGS
ITEM #8 - Public Hearina & First Readina Ords. #6387-99 & #6388-99 - Annexation & RS~
8 Zoning for property located at 1329 Fairmont St., Pine Ridge, Blk A, Lot 2 (Oetrano Pine
Ridge Land Trust / Charlie Harris, TRE, A99-01 )(PLD)
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The 'applicant has requested annexation and zoning of Single-Family Residential
"Eight" for 1329 Fairmont Street to obtain sewer service. The Planning & Zoning Board
endorsed the request.
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Commissioner Hooper moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single Family Residential It Eight'l IRS-B) for Lot 2, Block A, Pine Ridge
Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6387-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6387-99 on first reading. The
. motion was duly seconded and upon roll call, the vote was:
l'Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6388-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6388-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
It Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
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" (J ITEM #9 - Public Hoarina & First Readlno Ords. #6389-99 & #6390-99 - Annexation & RS-
". ,." 6 Zoning for property located at 3006 Grand View Ave., Kapok Terrace, Blk G, Lot 13 and
part of Lot 12 (Frederic B. & Michelle K. Moreau, A99-02)(PLD)
The applicant has requested annexation and zoning of Single-Family Residential
"Six" for 3006 Grand View Avenue to obtain sewer service. The Planning & Zoning Board
endorsed the request.
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Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Single Family Residential "Six" IRS~6 ) for Lot 13, together with the west
55 feet of Lot 12, Block G, Kapok Terrace Subdivision. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6389-99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6389-99 on first 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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The City Attorney presented Ordinance #6390-99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6390-99 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #10- Variance(s) to Sian Reaulations for property (Eckerd Drug Store) located at
501-625 s. Belcher Rd., Sec. 18-29-16, M&B 32.05 (Ellis and Co., Ltd., SV99-01 )(PlD)
The applicant requests a variance to allow an additional 14. 1-square foot canopy
sign. The Commission previously approved sign variances for this property. Staff
recommends denial of this request.
Todd Pressman, representative, said the "Pharmacy Orive-Thru" sign will provide
directional information for motorists who ingress from Gulf-to-Bay Boulevard. He said the
property has minimum representation on free-standing signs. In response to a suggestion
the business replace an existing attached "Drive-Thru RX" sign with this requested signage,
Mr. Pressman stated the store wants to maintain its current signage by replacing the
referenced sign with another message and adding the canopy sign.
One citizen spoke in favor of the request.
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Commissioner Johnson moved to deny the requested variance to allow a canopy
sign on commercial property known as Eckerd Drug Store at 501-526 S. Belcher Road.
The motion was duly seconded and carried unanimously.
ITEM #11 - Variance(s) to Sian ReQulations for property (Eckerd Drug Store) located at
1213 Cleveland St. (Cleveland Plaza, Ltd., SV99-02)(PLD)
In his February 16, 1999, memorandum, representative Todd Pressman requested
this item be continued until a full board is in attendance. He cannot attend April 1, 1 999.
Commissif)ner Hooper moved to continue Item #11 to April 15, 1999. The motion
was duly seconded and carried unanimously.
ITEM # 1 2 - Public Discussion re Pedestrian Comoonent of Beach Entrvwav
(Roundabout)(CM)
Public Works Administrator Rich Baier reviewed alternative intersection
improvements that had been considered, as well as, an analysis of traffic and pedestrian
accidents, pedestrian volumes, economic trends, vacancy rates, and aesthetics. The
roundabout is recommended to improve traffic flow, pedestrian safety, aesthetics, decrease
traffic accidents, and stimulate private investment and beach redevelopment.
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Michael Wallwork, Alternate Street Design, P.A. (subconsultant of Camp, Dresser &
McKee), demonstrated a computer model of vehicular movements through a roundabout
and pedestrian crossings. A video of an Australian roundabout with vehicular and
pedestrian interaction was shown. A video of the subject intersection demonstrated the
dangers pedestrians now face when crossing the street. Consulting Engineers determined
overpasses were not needed to provide safe and efficient pedestrian movements across
Coronado and North Mandalay and indicated pedestrians would not use them if built.
Charles Siemon, consultant, said the roundabout is the only practical solution within
the City's budget. Moving the roundabout east can provide space where the public can
assemble. He said the project will be a catalyst for investment and is key to creating an
attractive beach entrance.
Seven residents spoke in favor of the roundabout and eighteen spoke in opposition.
It was noted the City Commission had directed staff to prepare the beach entryway
for traffic off the new Memorial Causeway Bridge, to develop a parking plan, and to plan a
Memorial Civic Center replacement. The City Manager indicated a beach parking plan will
be presented to the Commission in April.
It was noted one-way pairs may be a component of the overall beach traffic plan. It
was felt the roundabout will create parking and business opportunities. Pedestrian safety
. is uppermost. Traffic calming methods will decrease speeds before vehicles enter the
roundabout. Mr. Siemon said the roundabout is the most efficient way to handle traffic at
the subject intersection. He was confident every alternative had been considered. In
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'~ response to a question, the City Manager said the entire project will be funded by Penny
'"."' for Pinellas proceeds. It was stated the plan was developed with a great deal of public
input. It was felt the royndabout is a positive step toward beach redevelopment and
reflects the Commission's Vision. The City Manager said contract proposals will be
presented in March.
The meeting recessed from 8:54 to 9:09 p.m.
Public Heariml - Second ReadinQ Ordinances
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ITEM #13 ~ 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
AND
ITEM #14. 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
The City Attorney indicated due to advertising errors beyond City control, the
second readings of Ords. #63,69-99 and #6382-99 must be continued.
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Commissioner Clark moved to continue Items #13 and #14 to March 4, 1999. The
motion was duly seconded and carried unanimously.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-23) - Approved as submitted less Item #22
ITEM #15 - Aooroval of Purchases oer 01/29/99 memorandum:
Cytec Industries Inc., polymer to be used in all WPC facilities, 02/19/99-02/28/02,
estimated $420,000 (PW)
Pinellas Pools, Inc., renovations & repairs to Mornlngslde swimming pool, main pool
marcite, filter modifications, leak repair & installation of new slide, $61,429 (QOL)
Grinnell Coq)., 1 st extension, brass water fittings for use throughout City by Water
Division, 02/19/99-02/29/00, estimated $60,000 (PWI
PeopleSoft USA Inc., upgrades, maintenance & support of Human Resources/Payroll
software, ~02/01/99-09/30100, estimated $185,000 IGSS) ,
Harley Davidson of Seminole County, five 1999 Harley Davidson police motorcycles,
$57,570 (PO)
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Gas Solutions, Inc., permitting & gas house piping Installation in Gas System north & south
service areas, 02/19/99.02/29/00, estimated $60,000 IGAS)
Wright Brothers Gas Plumbing, permitting & gas house piping installation in Gas System
north & south service areas, 02/19/99-02/29/00, estimated $60,000 (GAS)
ITEM # 16 - Aoorove psrkfna incentive for Wakelv &: Associates. Inc., in the amount
$40,000 from the parking system; authorize parking system to guarantee up to 50 spaces
in the Garden Avenue Garage lED}
ITEM #17 - Contract to Kaiser Pontiac-Buick.GMC. Inc., one GMC Sierra 3500, one.ton
truck chassis-cab, 4x2. with utility body, $21,685; funding to be provided under City's
Master lease-Purchase Agreement (GS)
ITEM #18 - Joint Praiect AQr~ement with Citv of Lan::jo to relocate natural gas mains during
City of Largo's Downtown Drainage Improvement Project, estimated $75,000 (GAS)
JTEM #19 - Aoreement with Florida Gas Transmission for construction of new Gate Station
at Mitchell and Trinity Oaks Boulevard in Pasco County, estimated $68,000 (GAS)
ITEM #20 - Aoorove contract with Adam Smith Enterorises to purchase fee simple interest
in a 0.229 acre parcel, and a perpetual easement interest in a 0.245 acre parcel, both lying
within Trinity Oaks Commerce Center, Sec. 26-26-16, Sec. 27-26-16 & Sec. 35-26-16,
Pasco County, for $35,500 plus estimated expenses of $4,980 for environmental audit,
boundary surveys & closing costs, total not to exceed $40,480 (PW)
ITEM #21 - Amend Fiscal Year 1998/99 ooeratino budoet to add 3 FTE positions in
Stormwater Utility to meet requirements of federal NPDES INational Pollution Discharge
Elimination System) Permit as mandated by the Clean Water Act (PW)
ITEM #22 - See below
ITEM #23 - Aoorove amended Interlocal Aareement for the MPO incorporating changes to
the United States code pertaining to MPO's (PW)
Commissioner Hooper moved to approve the Consent Agenda as submitted less
Item #22 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #22 - Aoorove purchase of orooertv, Magnolia Park Sub., W 114' of Blk 8, from
Times Publishing Company, for $230,000 adjustable based on exact parcel size determined
by survey, plus costs of boundary survey & closing expenses estimated at $2,150 for total
estimated cost of $232,150 (PW)
James M. Millspaugh, MAl, appraised the land in the block immediately east of the
Police Department at $ 7.50 per square foot. The Times Publishing Company agreed only
to sell the west 114 feet of the block. The contract purchase price is equal to the
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appraised value. At closing, the price will adjust to the actual square feet of the parcel as
determined by a boundary survey. The contract stipulates the property is being purchased
"AS IS." A Phase II environmental audit has been conducted and monitoring wells have
been Installed. Based on subsurface conditions, no further environmental testing or
remediation are recommended.
Staff recommends purchase of this property for future use. The City will own all
four corners at the Pierce Street/East Avenue intersection. Possible interim uses include a
park to serve Pinellas Trail users, parking for staff or visitors, or other recreational
purposes. The Solid Waste Fund has sufficient retained earnings to pay the cost of this
purchase. Staff reported a 9,400 square foot building with 30 parking spaces could be
built on the property. With off-site parking, a 16,000 square foot building could be
constructed
Commissioner Johnson moved to approve purchase of property from Times
Publishing Company legally described as the west 114 feet of Block 8, Magnolia Park
Subdivision, for $230,000, adjustable based on exact parcel size determined by survey,
plus costs of a boundary survey and closing expenses estimated at $2,150, for an
estimated total cost of $232,150, and that the appropriate officials be authorized to
execute same. The motion was dulv seconded.
It was suggested additional analysis is necessary. Deputy City Manager Rick
Hedrick said the property is on the market and is strategically located for expansion of the
municipal complex. In response to a question, he said the Solid Waste Department will be
refunded its retained earnings, including applicable interest, if the property is sold.
Upon the vote being taken, Commissioners Johnson and Hooper and Mayor Garvey
voted "Aye"; Commissioner Clark voted "Nay." Motion carried.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #24 - First ReadinQ Ord. #6391-99 - Restructuring Solid Waste Ordinance, requiring
dumpsters to be removed from view from thoroughfares or screened, requiring residential
refuse containers to be removed from the curb and stored from view, and providing a
penalty for non-compliance, requiring lawn and tree maintenance contractors to remove and
dispose of the debris from their work, transferring authority from Department of Public
Works to Department of Solid Waste/Recycling (SWI
Many dumpsters (commercial solid waste containers) are visible from streets and
thoroughfares. The dumpsters are unsightly and degrade the City's aesthetic appeal.
Requiring dumpsters to be screened from view will improve the City's appearance.
Instead of removing and storing them, some residents leave their refuse containers
at the curb or in rights-ofwway between collections. Most citizens follow the Solid
Waste/Recycling Department's policy to place containers curbside no earlier than 7:00 p.m.
the night before collection and remove them by 7:00 p.m. on the day of collection. In
several neighborhoods, a significant number of citizens refuse to cooperate, which
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degrades the neighborhood's appearance and generates complaints. This revision will
enable the Solid Waste/Recycling Department, in cooperation with the CRT (Community
Response Team), to require the removal of curbside containers. First, citizens will be
warned. Those who ignore the warning will be assessed a $10 fine per incident. The
department will provide repeat offenders with rear-yard service at the appropriate rate and
return the containers for them.
Lawn and tree maintenance contractors are leaving large piles of debris for Solid
Waste crew pick up and disposal, resulting in special handling and/or overtime. For many
years, the Solid Waste ordinance required lawn and tree contractors to remove debris
generated by their work. The previous ordinance,revision inadvertently omitted this
requirement. This ordinance reinstates the requirement. Offenders will be subject to an
administrative charge. Repeat offenders could lose their occupational license.
Concern was expressed the requirement to screen dumpsters will cost City
businesses at least $600,000. Solid Waste Director Bob Brumback said the City can
reimburse businesses up to $400 to defray the cost.' He suggested businesses could apply
to the City for loans to cover the screening costs and repay the loans over 12 months.
Concern was expressed the City not be ,heavy handed with compliance issues. All new
construction and redevelopment are required to screen dumpsters. In response to a
question, Mr. Brumback estimated 1,200 dumpsters will need to be screened, including
City dumpsters. .
Concern was expressed screening recycling containers rnay discourage their use and
affect fund raising efforts by community schools, churches, and organizations. Mr.
Brumback recommended addressing this issue at a Jater time, if it becomes a problem. He
said screening dumpsters visible from the right-of-way will improve City aesthetics.
One citizen spoke in support of screening dumpsters.
Three representatives of recycling and container companies expressed concern the
ordinance will create economic barriers to recycling. It was requested staff identify
recycling dumpsters that will require screening.
Commissioner Clark moved to restructure the Solid Waste Ordinance requiring
dumpsters to be removed from view of thoroughfares or screened; requiring residential
refuse containers to be removed from the curb and stored from view and providing a
penalty for non-compliance; requiring lawn and tree maintenance contractors to remove and
dispose of the debris from their work: transferring authority from the Department of Public
Works to the Department of Solid Waste/Recycling. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6391-99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6391 ~99 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #25 ~ First Amendment to Siemon. Larsen & Marsh Contract to provide, through
Prime Interests Inc., program management & implementation services related to
redevelopment of Clearwater Beach, Downtown Clearwater, Neighborhood Planning and
One City. One Future.,.in an amount not to exceed $200,000 (CM) - PULLED.
ITEM #26 - St. Petersbura/Clearwater Economic Develooment Council - replace Seel for
term to 04/16/00 (CLK)
Commissioner Johnson moved to appoint County Commissioner Karen Seel to
complete the term to April 16., 2000, or to the sunset of the board. The modon was duly
seconded and carried unanimously.
Commissioner Hooper moved to appoint Commissioner Clark to complete the term
to May 5, 2000, or to the sunset of the board. The motion was duly seconded and carried
unanimously.
ITEM #27 - (Cont'd from 01/21 & 02/04/99) Beautification Committee - 2 appointments
(eLK)
Commissioner Clark moved to appoint Candace Hider. The motion was duly
seconded and carried unanimously.
Commissioner Johnson moved to appoint Brooks Hammac. The motion was duly
seconded and carried unanimously.
ITEM #28 ~ (Cont'd from 01/21 & 02/04/99) Parks and Recreation Board - 1 appointment
(ClK)
Applicant Jim Ficken introduced himself to the City Commission.
Commissioner Clark moved to appoint Richard Ruben. The motion Y"as duly
seconded and carried unanimously.
ITEM #29 - Community Development Board - 7 appointments (CLK)
Commissioner Johnson moved to appoint David Gildersleeve (Planner) for a 4-year
term. The motion was duly seconded and carried unanimously.
Commissioner Hooper moved to appoint Edward Mazur, Jr. (Civil Engineer) for a 4-
yaar term. The motion was duly seconded and carried unanimously.
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') Commissioner Johnson moved to appoint Alex Pllsko (Architect) for a 3-year term.
.,.' The motion was duly seconded and carried unanimously.
Commissioner Hooper moved to appoint Gerald Figurski (Attorney) for a 3-year term.
The motIon was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Jonathan Wade for a 2-year term. The
motion was duly seconded and carried unanimously. (See later motion)
, Commissioner Hooper moved to appoint Shirley Moran for a 2-year term. The
motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint William Johnson for a 1-year term. There
was no second.
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The City Manager stated Jonathan Wade had indicated he would have to evaluate
the board's schedule to see if he can serve.
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Commissioner Hooper moved to reconsider the appointment of Jonathan \^lade. The
motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Jonathan Wade for a 1-year term. There
was no second. .
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Commissioner Hooper moved to appoint William Johnson for a 2-year term. The
motion was duly seconded. Commissioners Johnson and Hooper and Mayor Garvey voted
"Aye"; Commissioner Clark voted "Nay." Motion carried.
Commissioner Clark moved to appoint Douglas Hilkert for a 1-year term. The
motion was duly seconded. Commissioners Clark and Hooper voted" Aye"; Commissioner
Johnson and Mayor Garvey voted "Nay." Motion tied and was continued automatically to
March 4, 1999.
ITEM #30 ~ Other Pending Matters - None.
CITY A TIORNEY REPORTS
ITEM #31 - Res. #99-14 - Demolition Lien - 1008 Railroad Ave., Legal (Blunt)
.,
The City Attorney presented Resolution #99-14 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #99-14 and authorize the
app'ropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
HNays": None.
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ITEM #32 _ Res. #99-15 - Demolition Lien - 605 Hart St., Legal (Floyd)
The City Attorney presented Resolution #99-15 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99-15 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
1tAyes": Johnson, Clark, Hooper and Garvey.
UNays": None.
ITEM #33 - First Readina Ord. #6392-99 - Relating to soliciting on streets, amending Sec.
28.041 to prohibit persons from approaching the occupants of motor vehicles being
operated on public streets to solicit money, property or employment; providing a definition
of "Public Street"
The City Attorney presented Ordinance #6392-99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6392-99 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": None.
ITEM #34 - Other City Attornev Items
The City Attorney requested a joint meeting with the PAC (Pension Advisory
Committee) and Pension Trustees to hear presentations for the PAC board attorney position
be scheduled for March 26, 1999, at 10:00 a.m. Consensus was to so schedule. If
possible, a selection will be made at that meeting.
ITEM #35 - City ManaQer Verbal Reoorts - None.
ITEM #36 - Other Commission Action
Commissioner Johnson reported TBRPC ITampa Bay Regional Planning Commission)
is hosting a national conference and has requested a City pledge of $4,000.
Commissioner Johnson recommended the City make efforts to share in the State's
canceled high speed rail system budget surplus.
Mayor Garvev reviewed her opposition to the proposed development of a downtown
mini storage warehouse.
Mavor Garvev requested follow~up on beachfront lighting requirements related to
sea turtle protection.
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Mavor Garvev recommended a staff member coordinate neighborhood associations
to participate In April 17, 1999, clean-up day.
Mavor Garvev invited people to Saturday's Farmer market 'at Station Square Park.
The meeting adjourned at 10:27 p.m.
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