10/21/1999 (2)
/: "
~",.....,I.~.. ~"H-.'~ "F~' " I.:, c-i.p'/...~!.~lf...":'~~'.'"
~ . : I ~ ; ,
~. ~,. ,
,
..'" '
", .,'
, ,
'.'. '
.! ; ~ , '. . c
'I-' "
),'/
, ~,"
! ,:'
I ' , " >
...1'
.'
\ r "I
..\
j>
\ .
,
~. ~ . .
; . ~
t . j.,
~', .' ,
; ,
[/ :
~(
'., .:
\': '
.
~ ~'
b. /
;J, ." ,~
r~."'U' <
,":. "
:.'\.;....
r)L,' ,
r,L. ~l.
;. .. ,',
{~':, . " I .
~ C,',
',/ .~. '~ .
.I,C. , '
..COMMISSION
" '
G: ,,:,:. I.
.i.~~'-o ~c' ., ; :
~' ,
~{<":'~',
',1 r' '. >
'11" '
I~": '
City Commission Minutes
I
I
!
I
I
'I
I
i
I
s.~: I:'..'. '...j, " ~~
);;,:.',.".',. " ".
1;". ,;-",
'~.:..~. .
~..,::' ~'". ',,'
.,. .
,
, ,
1 ~ I >".
.,
. 'f r'
I,r. 4 ,:
'..'Date
,i-. .
.~~ ; 'c .
l,<
,i.,'. ,
n.. .
,
s,
.,
).
1:
"
1'.: "
"
','
r',.:',\.,.,
r"',,.
r.~i~:'; '.: ,
, i
, .
, '
l'. .
.' '.
"
: ,
r'
.ICo /
:(I(;.... ..
'~~ ,T
.'
./
\;' ..'
. I,'
,
1- ...
<, "
!,'~
.~' i... J
.- . 'l'"~ .
, .
o
, .
. .
o
, : . ~. . .
't" "
CITY COMMISSION MEETING
CITY OF CLEARWATER
October 21, 1999
Present:
Brian J. Aungst
Ed Hooper
Robert Clark
Ed Hart
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Absent:
J.B. Johnson
Commissioner
Also present: Michael J. Roberto
Bill Horne
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Patricia Sullivan
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
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.
ITEM #3 - Service Awards
Miles BaUogg, Economic Development Program Manager, was presented the October
1 999 Employee of the Month award.
ITEM #4 - Introductions and Awards
Proclamation: Teen Read Week - October 17 - 23, 1999
ITEM #5 - Presentations
a) Legislative Reports - Representative Jones & Representative Bilirakis
State Representatives Dennis Jones and Gus Bilirakis reviewed legislative issues
. addressed this year.
The Mayor presented them with awards for providing positive representation.
.b) Update re Census 2000 effort in Pinellas County - David Walker
David Walker, Pinellas County Planning Department, said the census will take place
on April 1, 2000. An accurate count is necessary for the correct apportionment of
representative seats, district configuration and Federal government aid. Under counts in
mcc10b99
1
10/21/99
.. ,t, c . 0'
.:" '1/ ',1 .
I~
the last census, resulted in a loss of $1,500 per State resident. Clearwater's population
was undercounted by 1,100.
C \
c) Sister City
Tim Garvey, President of Clearwater's Sister City Program, reviewed the history of
the organization, which was founded after World War If. The group's mission Is to foster
cultural understanding and lessen future world conflict. The City's partnership with
Nagano, Japan dates back to 1959. The local organization intends to reestablish ties with
Clearwater's Sister Cities in Greece and Australia. Two visiting teachers from Nagano and
three Clearwater High School students who participated in the exchange program
addressed the Commission and thanked them for the opportunities and experiences the
program had afforded them.
ITEM #6 - Aoproval of Minutes
Commissioner Clark moved to approve the minutes of the regular meeting of
. October 7, 1999, and the special meetings of September 14, 1999, and September 28,
1999, as recorded and submitted in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aqenda
Anne Garris & Bob Henion invited residents to the charette regarding bluff
#~,
~\'i,:9 development on October 23, 1999, at the Harborview Center from 10:00 a.m. to 4:00
p.m.
PUBLIC HEARINGS
ITEM #8 - Public Hearinq & First Readinq Ord. #6461M99 - Vacating 161 alley lying north of
Drew Street and between Ft. Harrison Ave. & Osceola Ave., and city's recommended
vacation of contiguous 161 by 3D' utility easement, subject to applicant agreeing to accept
ownership of sanitary sewer facilities existing in said alley and easement (Church of
Scientology, V99-11 )(PW)
The applicant proposes to use the subject alley, easement, and adjacent property for
a parking lot. Vehicular ~raffic does not use the alley, which contains a sanitary sewer
main and utility access portal. Staff recommends vacation of the alley and contiguous
easement, subject to the applicant agreeing to accept ownership of the existing sanitary
sewer facilities in said alley and easement. Time Warner and GTe do not object to the
vacation provided the applicant bears the expense of relocating their facilities to maintain
service to customers affected by the relocation. Florida Power does not object providing
the applicant pays for removing or relocating Florida Power facilities from the alley.
Clearwater Gas Syst~m. and GTe Median Ventures do not object to the request.
:J
mcc 1 Ob99
1
2
10/21/99
~
l~.\.
\.~1.i?'
,:J
Commissioner Hart moved to approve the applicant's request to vacate the 1 6-foot
alley lying north of Drew Street between Fort Harrison Avenue and Osceola Avenue, as
well as the City's recommendation to vacate the continuous 16-foot by 30-foot utility
easement subject to the applicant agreeing to accept ownership of the sanitary sewer
facilities that exist in said alley and easement. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6461-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6461-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
it Ayeslt: Clark, Hooper, Hart and Aungst.
"Nays": None.
Absent: Johnson
ITEM #9 - Public Hearina & First Readina Ords. #6450-99. #6451-99 & #6452-99 -
Annexation, Land Use Plan Amendment to Residential Low & LMDR Zoning for property
located at 2838 S.R.590, Virginia Grove Terrace, 5th Addition, Blk D, Lot 11 (Marie
Seiter) (PLD)
The applicant has requested annexation and zoning of Low Medium Density
Residential (LMDR) for 2838 SR 590 to obtain water and sewer service. The Community
Development Board unanimously endorsedthe request.
In response to a question, Assistant Planning Director Cyndi Hardin said the
proposed annexation will decrease the size of the current enclave.
Commissioner Clark moved to approve the Petition for Annexation, land Use Plan
Amendment to Residential Low. and Zoning Atlas Amendment to Low Medium Density
Residential (LMDR) for Lot 11, Block 0, Virginia Grove Terrace 5th Addition. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6450-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6450-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, Hart and Aungst.
"Nays": None.
Absent: Johnson
The City Attorney presented Ordinance #6451-99 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6451-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
mcc10b99
3
10/21/99
, ' "", . . ....:. .;.', '. t', '.... .', 1" f 'I . ',' :' . . If
. . , . ,:..' . ,c: ~ \< ... ":)',~:"
'If>:.-, . L' . . ~I< ~ t.,
'. .
.,.!.:,
':.
" "").
j,.; .
,\:
t',::-',
~ '.
",
.,
'.." . (1fi'it\
.......f".J
c:':' -
o
... j ~
"Ayes": Clark, Hooper, Hart and Aungst.
"Nays": None.
Absent: Johnson
The City Attorney presented Ordinance #6452~99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6452~99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, Hart and Aungst.
II.Nays": None.
Absent: Johnson
ITEM #1 0 ~ Public Hearina & First Readina Ords. #6453-99. #6454~99 & #6455-99 .
Annexation, Land Use Plan Amendment to Residential Urban & LMDR Zoning for property
located at 1426 Sunset Point Rd., Sunset Highlands Unit 2, Lot 5 (Townsend Constructors,
Inc.) (PLD)
. The applicant has requested annexation and zoning of Low Medium Density
Residential (LMDR) for the vacant site at 1426 Sunset Point Road to obtain water and
sewer service. The Community Development Board unanimously endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan
Amendment to Residential Urban, and Zoning Atlas Amendment to low Medium Density
Residential (LMDR) for Lot 5, Sunset Highlands Unit 2. The motion was duly seconded and
~arried unanimously;
The City Attorney presented Ordinance #6453-99 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6453-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, Hart and Aungst.
"Nays1t: None.
Absent: Johnson
The City Attorney presented Ordinance #6454-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6454-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
mcc10b99
4
10/21/99
. ...
i.< ' .
I"')
(")
.-...../
~
nAye~tl: Clark, Hooper, Hart and Aungst.
"Nays": None.
Absent: Johnson
The City Attorney presented Ordinance #6455~99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6455~99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, Hart and Aungst.
t1Nays": None.
'Absent: Johnson
ITEM '#11 ~ Public Hearina & First Readina Ords. #6459-99 & #6460-99 - Land Use Plan
Amendment to Commercial General & Commercial Zoning for property located at 2561
Nursery Rd., part of Sec. 19-29-16, M&B 44.05 (Sandy Buettner)(PLD)
The applicant requests a Land Use Plan Amendment from Residential/Office General
(R/OG) to Commercial General (CG) and a zoning change from Office (0) to Commercial (C)
on approximately a 0.56 acre portion of Tract 44/05 which is approximately 2.6 acres.
The other portion of this tract has a Commercial General land use and Commercial zoning.
The site is vacant.
The proposed land Use Plan Amendment and rezoning is consistent with the
Clearwater Comprehensive Plan Future Land Use Policy 3.2.2, which states that
commercial land uses should be appropriately located at the intersection of arterial or
collector streets and should be sited to minimize intrusion of off-site impacts into residential
neighborhoods. The entire 'site is less than 500 feet from US 19N.
Based on analysis of compatibility, staff feels the proposed land use amendment and
rezoning is compatible with surrounding commercial, office, and residential (mobile home)
uses. The proposed amendment is consistent with the Countywide Plan and the purpose
and 10cation~1 characteristics of the Comme'rcial General category, which identifies this use
as generally appropriate to areas of intensive commercial use, and in areas in proximity to
and with good access to major transportation facilities. The City has sufficient public
facilities to accommodate the proposed use. The proposed land use amendment and
rezoning will not impact the natural environment and is consistent with Code and City
Regulation requirements.
Ms. Hardin said the LOS (Level of Service) on Nursery Road is rated between B- and
C +. The most intense commercial development of the subject property, such as a fast
food restaurant, would not degrade the LOS. A portion of the LeCher office project to the
west drains into a depression on the subject property. A retention pond could be relocated
but must be constructed to accept current drainage levels from the LeCher property. A site
mcc 1 Ob99
5
10/21/99
, ,
;" ~. ' .
'.
, ,
iJ
(:)
v
plan for the subject property has not been submitted. Although the CDS recommended
approval, 2 board members opposed the application.
Brad Messick, representative, said the request to rezone the D.5-acre will unify the
lot and stimulate area growth. No deveiopment plan exists. He felt the request is
reasonable as the Jot is within 500 feet of US 19N. In response to a question, Ms. Hardin
said heading west from the subject property are the LeCher office project, a condominium
complex, and mobile home park. Another mobile home park is across the street on Nursery
Road. Commercial development would require landscape buffering.
A representative, of the office property and condominium association opposed the
request as the subject proJJerty was designed to face US 1 9N and commercial development
would overburden the property.
In response to a question, Ms. Hardin said if the change is approved, an 80-unit
motel could be constructed. She did not think approval would affect future uses of nearby
mobile home parks. Concern was expressed the request would locate a commercial use,
without US 19N access, on Nursery Road.. It was felt a commercial use fronting Nursery
Road would be incompatible with its residential character.
Commissioner Hooper moved to approve Zoning Atlas Amendment from Office (0)
to Commercial (CI) and Land Use Plan Amendment from Residential/Office General (R/OG)
to Commercial GenerallCG) for 2561 Nursery Road portion of Tract 44/05 Sec 19*29-16.
There was no second.
Commissioner Clark moved to deny Item #11. The motion was duly seconded.
Commissioners Clark and Hart voted "Aye"; Commissioner Hooper and Mayor Aungst
voted "Nay." Motion failed due to tie vote. This item is continued automatically to
November 4, 1999.
Public Hearing - Second Reading Ordinances
ITEM #12 - Ord. #6447-99 - Annexation for property located at 2729 & 2733 S.R.580,
Acker's Sub., Blk 1, Lots 6 & 7 (Rimoun & Robin Goris 1 Criss Cross Center Co.)
The City Attorney presented Ordinance #6447-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6447-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesll: Clark, Hooper, Hart and Aungst.
nNays": None.
Absent: Johnson
mcc10b99
6
10/21/99
. ", ...., "', ." '.~ ''''J .....\:... ",',. . '. . I ,,: -: ~ .' ,", "",:." "
",' .,
'ir~}:';' -:~::~,' ,',~.;';;..~,'" "
'.~ ~ ':.
~...
'.1:.". .
/.
"
;1 ,.
,'. "'"',
. . r. '~ ~
,., . .~.....<..
"
C)
u
uJIV...>t1~' .
ITEM # 1 3 . Ord. #6448.99 . Land Use Plan Amendment to Residential/Office General for
property located at 2729 & 2733 S.R.580, Acker's Sub., Blk 1 f Lots 6 & 7 (Rlmoun &
Robin Goris I Criss Cross Center Co.)
The City Attorney presented Ordinance #6448-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6448.99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, Hart and Aungst.
i'Nays": None.
Absent: Johnson
. ITEM #14 . Ord. #6449.99 - 0 (Office) Zoning for property located at 2729 & 2733
S.R.580, Acker's Sub., Blk 1, Lots 6 & 7 (Rimoun & Robin Goris 1 Criss Cross Center Co.)
The City Attorney presented Ordinance #6449-99 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6449-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, Hart and Aungst.
"Nays": Non~.
Absent: Johnson
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-29) - Approved as submitted less #16
,
ITEM #15 - Aoreement with FDEP providing for assessment & remediation of orphaned and
abandoned sites, and other economic 1 community development projects in the Clearwater
Brownfields Area (EO)
ITEM #16 - See oaoe 9
ITEM #17 - Authorize issuance of RFP/Q for the Dimmitt action (ED)
ITEM #18 - Contract to Aon Consultina. Inc., benefits consulting ,services for Human
Resources Dept., contract period date of approval through 12/31/00, for $ 27,400; contract
includes approx. $104,900 of services to be provided by City insurance carriers through
commissions (HR)
mcc10b99
7
10/21/99
. , .. I.:' '. I.' ': . " I" '. . "". I'
f " l,t'
-; . I ~
f"" '
. ~ ~ , ,
~ ITEM #19 ~ Contract to United HealthCare, health Insurance, under fully insured funding
arrangement for 01/01/00-12/31/00, estimated $3,932,726; and Contract to United
Behavioral Services, mental health / substance abuse & EAP coverage, for 01/01/00-,
12/31/00, estimated $186,183, for estimated total of $4,119,881 (HR)
o
:.J
ITEM #20 - Contract to Decision Manaoement Companv. Inc., for Police Department's
Document Imaging System, cost not to exceed $1 33,000; authorize funding not to exceed
$133,000 to be provided by City's Master Lease-Purchase Agreement (PD)
ITEM #21 - Contract to Kloote ContractinQ. Inc., for Bayfront Tennis Complex Demolition,
for $ 53,493 (PR)
ITEM #22 ~ AQreement with Pinellas County to coordinate efforts facilitating construction
of Keene Road, Phase 1 A & 1 B, from Druid Road to Sunset Point Road (PW)
ITEM #23 ~ Contract to Caladesi Construction Companv, for Beach Parking Lots #34 &
#35, for $246,582.82 (PW)
ITEM #24 - Aporove Supplemental No.4 & No.5 to Drew Street work order with Post,
Buckley, Schuh and Jernigan, Inc., for additional engineering design required by FOOT,
reducing project limits, increasing work order to $579,150 (PW)
ITEM #25 - Purchase Order to Rowland Inc., for sanitary sewer manhole rehabilitation, for
amount not to exceed $500,000 (PW)
ITEM #26 - Contract to MacKav Meters. Inc., for 2,400 complete electronic single-space
parking meters & 200 spare mechanisms, for $785/000; funding to be provided under
City's Master Lease~Purchase Agreement (PW)
ITEM #27 - Authorize City to enter into aQreements with subreclpients approved in the
Consolidated Plan (PLO)
ITEM #28 - Aoorove orant funded oosition, titled Assistant Director for Housing, for City's
Planning Department (PLD)
ITEM #29 - Sanitary sewer easement - granted by Kimberly Home, Inc. re site plan for
addition to offices at 11 89 NE Cleveland Street ICA)
Commissioner Clark moved to approve the Consent Agenda as submitted less Item
#16 and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
mcc 1 Ob99
8
10/21/99
, . ,
, .' . . '.. I ~ ~ ' .. . {. ~ .: .
. ,j ,
~
"'~~
~'r.i;..\'r
(~~~1"-+i
'.'"
,~
ITEM #16 ~ Aoorove purchase of Greenwood Manor Sub., Lot 6 & part of Lot 5; approve
lease of Greenwood Manor Sub., Lots 4 & 5 and North % of Lot 6 to Greenwood
Community Health Resource Center; authorize use of $36,500 for acquisition of property
and payment of liens and other fees (EO)
This item was pulled from the Consent Agenda because the lease cannot be
approved until the property is declared surplus at a Public Hearing.
To construct the Greenwood Health Resource Center, the City's 1999 Legislative
Package supported' a $300,000 State appropriation, which was granted. The City is
cooperating with the Center to complete the project at 1180 North Greenwood Avenue.
The City owns Lot 4 and most of Lot 5 in Greenwood Manor Subdivision. The remainder
of Lot 5 and a portion of Lot 6 also are needed. After determining how much of Lot 6 is
needed for the project, disposition of the remainder will be decided. Acquisition of the
property will be funded by $31,500 from the State Brownfields Redevelopment Grant and
$5,000 from the State Brownfields appropriation. An amendment to the 1999/00
Consolidated Plan, to be presented to the City Commission for approval, will allow $31,500
of this cost to be reimbursed by CDBG (Community Development Block Grant) property
acquisition funding. No General Fund allocations are requested for this project.
A lease to the Greenwood Community Health Resource Center will be presented to
the City Commission in conjunction with declaring the required property surplus.
Environmental assessment and site remediation are funded by State Brownfields
Appropriations as approved by the City Commission on November 16, 1998.
The City Manager thanked Senator Jack Latvala for his help with this appropriation.
Commissioner Hart moved to approve the purchase of Lot 6, Greenwood Manor
Sub, from Elias Mae Mobley for $30,000 plus closing cost of approximately $1,250 and
the west 20 feet of Lot 5, Greenwood Manor Sub, from Robert C. Smith for $2,000 plus
closing cost of approximately $ 500; payment of liens, legal fees and expenses for both
properties estimated at $2,650; the appropriate officials be authorized to execute same and
direct staff upon closing to schedule a public hearing to declare Lots 4, 5, and part of Lot
6, Greenwood Manor Sub, surplus to City needs for the purpose of leasing the property to
the Greenwood Community Health Resource Center. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #30 - Update reqardinq Beach Entrywav (Roundabout) Proiect (CM)
Transportation and Drainage Director Gary Johnson said the Roundabout project
remains on schedule and on budget. Traffic will be routed onto the Roundabout within
several weeks. Threat of a hurricane, which did not strike, delayed the project by 2 weeks.
Staff is reviewing the best route when Mandalay Avenue traffic must be detoured. The
traffic approaches and Roundabout will be complete prior to the Grand Opening planned for
late December 1999.
mcc10b99
9
10/21/99
. , I .' ~ I : . . ~ ' ...' ' . I .' ~ . + '. . . _ '.;.
'-
~ t. .
~
r,p:~
""utI
...' "')
o
The Commission recessed from 7:19 to 7:35 p.m.
ITEM #31 - Res. #99.45 ~ Amending Res. #98-51 and modifying map describing Clearwater
Enterprise Zone Area by expanding area to include all of Clearwater Brownfields Area,
Clearwater Community Redevelopment Area and additional adjacent properties lED)
The legislative intent of Chapter 98-75 of the Laws of Florida was to establish the
entire Clearwater Brownfields Area as an Enterprise Zone per Resolution 98~23. Census
Tract 263, block Group 6 and Census Tract 258, block Group 2 did not meet the
demographic requirements of Section 290.0058 of the Florida Statues for inclusion into the
Clearwater Enterprise Zone and subsequently were removed from the Enterprise Zone area
per Resolution 98-51. The Legislature passed Section 8 of Chapter 99-320, Laws of
Florida, allowing expansion of the Clearwater Enterprise Zone Area to include these
excluded Census Tracts and to allow inclusion of the Clearwater Community
Redevelopment Area. . The expanded Enterprise Zone also includes the area bounded by
Drew Street, Court Street, Highland Avenue, and Missouri Avenue.
The proposed resolution modifies the existing Enterprise Zone to the Expanded
Enterprise Zone so that the Expanded Enterprise Zone can be processed by the Gove~nor's
Office of Tourism Trade and Economic Development in a timely manner.
In response to a question, Assistant City Manager Bob Keller said increased property
values cannot be guaranteed immediately. The Enterprise Zone designation will provide a
valuable redevelopment tool.
Commissioner Hooper moved to amend Resolution 98-51 and modify the map
describing the Clearwater Enterprise Zone Area by expanding the area to include all of the
Clearwater Brownfields Area, Clearwater Community Redevelopment Area and additional
adjacent properties. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #99-49 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99-49 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Clark, Hooper, Hart and Aungst.
"Nays": None.
Absent: Johnson
ITEM #32 ~ First Readina Ord. #6462-99 - Amending various code sections relating to
Courtney Campbell Causeway Recreation Area (PD)
For many years, large crowds and heavy vehicle and boat traffic have used the
sandy area on Courtney Campbell Causeway's south side, near its western end,' as an
mcc10b99
10
10/21/99
. . . . .... .... .. ' . . ..' : . : '.d' "': . ~ I ~.
ir.
, .
,.
~
C:J
....I,.
~
unoffi~ial beach and recreation area. The resulting fights, disorderly conduct, reckless
operation of watercraft, and serious traffic crashes, have created a public nuisance that
affects the health and safety of City residents and places excessive demands on police
resources. The proposed ordinance contains regulations that provide the City with the
necessary legal authority to provide proper contro!s on activities to enhance public safety.
Regulations include prohibition of open containers of alcohol, use of glassware, open fires,
fireworks, golf, possession and use of intoxicating substances, and regulate photography,
special events, merchandising, and operating times.
On September 14, 1999, the City executed a no-cost public purpose lease with
FOOT (Florida Department of Transportation) for the land along the Courtney Campbell
Causeway upon which the City intends to impose regulations.
Commissioner Hooper moved to amend various City code sections relating to the
Courtney Campbell Recreation Area. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6462-99 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6462~99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
I
I
1
'I
I
I
I
I
!
ttAyes": Clark, Hooper, Hart and Aungst.
"Nays": None.
Absent: Johnson
ITEM #33 - Rental Aareement with Florida Final Coat, Inc., for property located at 917 Park
Street, Magnolia. Park Sub., Blk 3, west % of Lot 5, anticipated to become effective
11/01199 and terminate not later than 06/30/00, subject to terms & conditions stipulated
therein (PW)
On September 16, 1999, the City Commission approved a contract to purchase the
subject property from Walton M. Byars in conjunction with the proposed Town Pond
project. Closing is anticipated no later than October 31, 1999. Painting contractor Florida
Final Coat, Inc., rents the property from Mr. Byars and wishes to retain occupancy for a
reasonable time until it can relocate. According to the proposed rental agreement, once the
title is passed to the City, the tenant may remain in occupancy until, but no later than,
, June 30, 2000. This agreement will not interfere with the Town Pond development
schedule. The agreement also stipulates the tenant will pay no rent for November 1999,
then pay $200 per month until the property is vacated. Either party may terminate the
agreement with 3D-days notice to the other. The City will not be responsible for property
maintenance during' the rental term, nor any other expenses related to the tenant's
occupancy. The tenant will pay all expenses and must maintain adequate liability and
casualty insurance on its behalf, with the City as additional insured. (n consideration of
business relocation costs and the timely vacation of the property in compliance with terms
mcc10b99
11
10/21/99
1')
{~~;~\
\':'~tr;
o
and conditions of the rental agreement, the City will reimburse the tenant with all rent
collected.. The City will have no additional obligation for tenant relocation.
Concern was expressed the seller normally is responsible for providing tenant
relocation expenses. Public Works Administrator Rich Baier said those costs were
discussed during negotiations to purchase the property. The City plans to collect rent for
up to 8 months and return the collected rent money to the tenant for relocation. The
tenant can search for a new location during this time and provide 30 days notice. Mr.
Baier said the City's real estate specialist has indicated the agreement is appropriate. The
subject business is new and plans to remain downtown.
Commissioner Clark moved to approve a rental agreement with Florida Final Coat,
Inc., anticipated to become effective November 1, 1999, and terminate no later than June
30, 2000, regarding real property briefly described as the west half of Lot 5, Block 3,
Magnolia Park Sub.. AIKIA 917 Park Street, subject to terms and conditions stipulated
therein, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #34 - First Readinf:l Ord. #6466M99 - Amending Appendix A of Clearwater Code of
Ordinances by reducing application fee (from $365 to $100) for appeals to the Community
Development Board (PLD)
In 1992, under the previous Land Development Code, the City Commission
approved applicant fees for development projects. Upon adoption of the new Community
Development Code in January 1999, staff retained the fee structure for new applications.
No history was available to identify the amount of staff time necessary to administer
applications under the new Code. City costs are a prime consideration in establishing a fee
schedule. Staff is reviewing the fee schedule, comparing charges by other municipalities.
and evaluating staff time and advertising costs related to each type of application.
Evaluation of applications fees will be presenteci during the 6-month update of the Code.
Currently, the Planning Director can approve an application for a flexible standard.
The COB (Community Development Board) hears appeals of this type of staff approved
application. The $365 fee may block the appeal process due to its high cost. As an
interim step, staff recommends reducing the appeal fee to $100. The new fee would apply
to appeals of staff approval or denial of a flexible standard use or to appeals of a staff
interpretation of the Code.
The City Manager said the proposed rate is high enough to preclude frivolous
appp,als. Planning Director Ralph Stone said the City did not want a costly fee to be a
disincentive for neighbors to appeal. Staff will bring forward a recommended fee schedule
based on costs. It was noted the $100 fee would not cover related administrative costs.
Commissioner Hooper moved to decrease the appeal fee for flexible standard
applications and staff interpretations of the Community Development Code from $365 to
$100. The motion was duly seconded and carried unanimously.
mcc10b99
12
10/21/99
. "
, ", -.I
'1
c.........
..'
,,,
.::
','
~: ~ c ~
".
."
" ,
, ,
~ .. ~
"
l"'
,
..",
{:J
~ .
"
o
. f"
. /' ,..~.:., , . '.
. ,
: . ~
. The City Attorney presented Ordinance #6466-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6466-99 on first reading. The
motion was duly seconded.
One resident felt high fees have discouraged development in the Enterprise Zone.
Upon roll call, the vote was:
"Ayes": Clark, Hooper, Hart and Aungst.
II NaysTf: None.
Absent: Johnson
ITEM #35 - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
. ,
ITEM #36 - Other Citv Attornev Items - None.
ITEM #37 - Citv Manaaer Verbal Reports
The City Manager announced the Pinellas-Anclote Basin Board of SWFWMD
(Southwest Florida Water Management District) has approved an appropriation of $3.1-
million over 3 years for the Town Pond and an additional $10-million for Stevenson's Creek
and other water projects. .
, i
A special Work Session regarding Gulf-to-Bay Boulevard was scheduled for
November 10, 1999, from 10' a.m. to 12 noon.
ITEM #38 - Other Commission Action
Commissioner Clark encouraged citizens to participate in Alternative Transportation
Week, which emphasizes other means of transportation.
Commission members praised the success of Jazz Holiday, thanked the Henderson
and Spalding families for providing free transportation to beach venuesj and thanked the
sponsors' generosity.
Commissioner Clark invited residents to attend the, charette regarding bluff
redevelopment on October 23, 1999, at the Harborview Center from 10 a.m. to 4 p.m.
mcc10b99
10/21/99
13
,', I
"
.l'" '~'o :+:0.
. "
'. .z'
.\
.' .1<....
, . ~ ':
.~.: 1 >: '~
.', ,
. 'c'
c ~ I"
" ,
. .'
, , t.
:J
, !'
, },',>
\..
').'
-:. .\
l:>r.'"t;"'.;r ......',/.;:.t....".~.':'r:. .:~,.,: ':":~:r '. '~;',.': :','.::_ '._ ~ :,,/,':,' c,'
OOt+ +-~ i~ .,~, ;......~ t ~ ~Y. I,~ ......~( , \l J"iU i-' I~.~}" l >"j: ." .",'
:4i...".~.,i"IT;'\..,J;..J.\l,>~\\~ ~~'.' ",' :.:~o. l 'f'> ~
~ \i1';~"""""'7. ~ l,.o.. e, ~ !1\"'I~},{l It ',,-If, ' j;~' . .~, _ ' "
t#'~;;:,:~;t:\;~r~;';:::.;i'.;:l/: :'''':. .. .. .
;t~: :',' ;
:r ,'C.'
~~:{{:<, '
......of .
:i\.............
.j{.'e..
!/;,~:. L. ....~V
i. c "
. I
, ;.'.
. , .. 'COrTlIlilssloner Ho~ and Mavor Almost thanked the legislature regarding $40-
million In recent State & Federal funding for City projects.
, 'Mavor Aunost offered birthday wishes to Carolyn Brink and Cyndie Goudeau.
" ,:
. .
. .
, , ITEM #39 - Adiournment
. The meeting adjourned at 8:01 p.m.
,'~ >
K/"'::'~~ ;.,
\;<: ""
~~:::.~" .
..
. "
. . ATTEST:
..;: '.:, I
;"0"
"0 .',
..., '
.,0, '
< ';:
'.
c. ~ '
$' ': :
'..;l' ,
'::../ ,',
'.. J"
, '
~ ;,
ri'
~. .T
\J-o.'
\
" .
> U.,,f\.,..:~J. .
.. ~ ',., "I '.
';! mcc10b99
14
10/21/99
,
.'.
;',
" ,
i
I.
. .'
".' ~.
,"> "
".'tl.:, :.
\
I
I
I
I
. . -' '.." . . ',.... '..:.; . . .. '.. ,-l .. , ~ ~I I '"