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" , , . ,~', 1 c \1,1 . CITY COMMISSION MEETIN,G . CITY OF CLEARWATER February 3, 2000 Present: Brian J. Aungst .' Ed Hooper . J. B. Johnson Robert Clark . Ed Hart Mayor/Commissioner Vice.Mayor ICommissioner . Commissioner Commissioner 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 Dr. James Hilton of Central Christian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. .tfj ITEM #3 - Service Awards - None. . ITEM #4 - Introductions and Awards Proclamation: Burn Awareness Week - February 6 - 12, 2000 ITEM #5 - Presentations a) 1999 Federal Legislative Report - Danielle McBeth. Danielle McBeth, of Alcalde and Fay, reviewed the' firm's successful lobbying efforts on behalf of Clearwater during the 1999 Federal Legislative Session. She estimated City projects benefited from an additional $17-million in Federal funding. The firm is working with staff to develop next year's priorities. , , ITEM #6 - Aooroval of Minutes Commissioner .Johnson moved to approve the minutes of the regular meeting of January 20, 2000, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ,...) mcc02aOO 1 ' 02/03/00 ,'.'...." '.Ij....O . ',.' ~:'.\;"14',:1.~, :.' .':','~ "P,'.'.:"""" ""'." .~~: ',~>l .'...',.. ". .:.....~~~.: .,'. .':.. :..',. :,...~....H',~.'. ""'.": , ,< . " 1 . ". .' , .h. ".' . ~. . f;',~'/:~"';::~"'" "" , . : , .' " , " I. ~ }. 'i ,J- .'. I I I., . , ',. ; :11', " ' <), ITEM #7 - Citizens to be heard re items not on the Aaenda John Tassanari said a City fetter had stated repairs to his street are planned. He dislikes the roundabout. . . Stacv Brooks, Jesse Prince, and Robert Minton, of the Lisa McPherson Trust, requested the investigation of a police incident, opposed some' Scientology practices, and requested the City not provide Scientology special treatment. Mr. Minton requested a meeting with the City Manager. John Doran said he likes the roundabout and said letters of complaint to the, editor, represent an infinitely small percentage of users. . Joe Niezielski questioned why the City does not provide motorcycle escorts for Toys for Tots. He complained vehicles on 'Gulf-to-Bay Boulevard play music too loudly. The City Manager said the Commission had forbid the use of motorcycle units for that purpose due to safety concerns. Staff will respond to his noise complaint. PUBLIC HEARINGS "i'::, ~,.\t -." .'" ,o. . ITEM #8 - (Cont'd from 1/20/00) Public Hearinq & First Reading Ords. #6488-00. #6489- 00 & #6490-00- Annexation," land Use Plan Amendment to Residential/Office Limited & Office Zoning, 31 50 McMullen Booth Rd., Sec. 2 ~ -28-1 6, M&8 23.10 (Robert & Nancy Hurst, A99-20) The applicant has requested annexation and rezoning of Agriculture/Estate to Office and a plan amendment from Residential Suburban to Residential/Office Limited for 3150 McMullen-Booth Road to redevelop a single-family house tor office use. The Community Development Board unanimously endorsed the request. Michael Mahar said he plans to relocate his insurance office to this site from across the street. Commissioner Hooper moved to approve the annexation of 3150 McMullen-Booth Road (MB23/10), approve a land Use Plan Amendment from Residential Suburban (RS) to Residential/Office Limited (R/Ol), and approve a Zoning Atlas Amendment from County Zoning Agriculture/Estate (A/E) to Office (0). The motion was duly seconded and carriad unanimously. The City Attorney presented Ordinance #6488-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6488-00 on first reading. The motion' was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. .<.) I11cc02aOO 2 02/03/00 ., ' 1{"';~;':;}'~~',: .. . fit '. '. ',. ,", :' .:.....: .' .... .~ ~ . . ,. ., c.,',- ." '. , , ' , ' " ' .; I r\, I'.: ; ,I \,.--' '" . ;'\ ~ ",' , ., . ~.. I ; l . . I " < ,.'....'::.": .~ :. .!~' . I /"~ '" t: I,.> ::,' ";'<"':;";'~::':"";""1" . . . . ,~ . ~:I c .' , . :.' . . ~'r ; ,.. . " " " , .",' ~.. ) . . ,.. ( , ,1<" . ~ .., :' ! , .' '" . . I . . . . . ~"F,. I c, I " "', . " ' " , ' Th~ City Attorney presented Ordin'ance #64B9~0'0 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6489-00 on firsfreading. The motion was duly seconded and upon roll call, the vote was: . "Ayes.": Johnson, Clark, Hooper, Hart and Aungst.' "Nays": None. , The City Attorney presented Ordinance #6490~OO for first reading and read it by title only. 'Commissioner Clark moved to pass Ordinance #6490-00 on first reading. The mot~on was duly.seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #9 ~ Ord. #6470-00 - Annexation, Sunset Highlands Unit 2, lot 6 (Booker T. & Hong- Sun Colson) . . . The City Attorney presented Ordinance #6470-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6470-00 on ' second and final reading. The motion was dUly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM # 10 - Ord. #64 71 ~OO - land Use Plan Amendment to Residential Urban, Sunset Highlands Unit 2, Lot 6 (Booker.T. & Hong~Sun Colson) The City Attorney presented Ordinance #6471-00 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6471-00 on second and final reading. . The motion was duly seconded and upon roll call, the vote was: n Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. , mcc02aOO . 3 02/03/00 "( . .I~.,\.~. .H , ',f",.,_ :' "l',. '" " ~.L:" r. I ~ , . \' I d, ~<..l,:" . " . . r' .' ., t....:;.. I .. ~: :~r..' _'( I':'. ." . . . ".' ~f'": .~ ..,' .....;.. :-: 1:': ',."_ , ,'. I ":,',' >..\~:>,.t..tl' > :"':';'f' ~,::',!'..".",:.',\~"~".;''': ::,'('; ::'=i/:.,:-:~.;':'" , .. . l" \ , 1 ~".: .~'. :'.'., "/: "" ""0 ' ,,', ' .". ",. . '.' .......:..-". .' ,t," . l. . <, .J' :>. .. I : I' ~ ,j ,!. '. >..' .0,'1" " I '. ' ,. 'd \ ", " .~ ",.:. ,". .' t. ~ .. :'.'+" " . . . >, ,'< '0 '.- . .,0' ,.' '" .~ .'1' . ; '....': .: ~ .' .. ' . \. I. .,' .. . < . , t. (.:', ":,' {,.J . i.'l ;1 {' . ~ < . : ~..I. '. , ' ,.'} ", '0 , ~ . . J., ., ' " "'. ", L , ,....;.'.1' . " r ":. ~>' ... '" . t. ,.,' , , , ",'~ I , " <").,:':< . I.; .' '.~' ' ~ . .. , ',. .,1 . I . ~. ' , ' ..~,";.:.':;.:.:'_' ,':,:.',,': :::..";' :',~:. .f~~:.',.:" ,,:::. .','.',' ." ~,;~::::;'.':'.r:":'<:.:;': ::::','...;:.::'::.':.... "., '.'. , . " :-f'-.' '. '" !. ' < . .' . ~ ., . .', ,/. '.:' ',< . , .' \, '" . '. . . . . , J~ ; , . , I. ~ ~ !' : ;1 t' '. " . J' . ~} >. l :- d '~ "Aves": Johnson, Clark, Hooper, Hart and Aungst. ,"Nays": None. , . ITEM #12 - Ord. #6473-00.. Annexation, Sec. 16-29-16, M&B 22.04' (Taylor G. Bingham III) . The City Attorney, presented Ordinance #6473-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6473-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. , , , "Nays": None. . ITEM #13 - Ord. #6474-00 - Land Use Plan Amendment to Residential Urb::ln, Sec. 16-29- 16, M&B 22.04 (Taylor G. Bingham 11,1) The City Attorney presented Ordinance #6474-00 for 'second reading and read itby title only. Commissioner Clark moved.to pass and adopt Ordinance #6474-00 on second and final. reading. The motion.was duly seconded and upon roll call, the vote was: "Ayes": ~'ohn~on, Clark, Hooper. Hartand Aungst. '''';A i~;~~ "Nays": None. ITEM #14 - Ord. #6475-00 - LMDR Zoning, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III) . The City Attorney presented Ordinance #6475-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6475-00 on second and final reading. The motion was duly seconded and upon roll call, t,he vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #15 - Ord. #6477-00 - regarding sale of city owned surplus real property , I. The City Attorney presented Ordinance #6477-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6477-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Hart and Aungst. "Naysf1: Johnson. ' Motion carried. \....), mcc02aOO 4 . 02/03/00 , " . . , ." . . . .. :~; ." " :: i",:.,' , . . ,t " . " ' . ,~ .. . .' .,' ':i:,',':(;';I,.::...'~ -1'. .' I' ; . ,"', 'r-; ITEM #16 - Ord. #6478-00 - Vacating 50' r-o.w of N. Gulfvlew Blvd:, lying north ofPap'aya Street (AKA Palm 5tre.et) & south of San Marco Street (AKA Mangrove 5treetl.(Mandalay Beach Crub~ Ltd., VaO-01) " 'The applicant proposes to use .the right-of-way and adjacent properties to construct a 157-unit condominium project. City utilities within this right-of-way will be relocated during development at owner/developer expense. Staff recommends vacating the right-of~ way, subject to retaining a 4~foot drainage and utility easement along the East property line. . . The City Attorney presented Ordinance #6478-00 for second reading and read it by . title only. A citizen stated the PPC (Pinellas Planning Council) and DCA (Department of Community Affairs) had questioned the City's use of TORs (Transfers of Development Rights) for this development. In response to a question, the City Attorney said while the development agreement's framework 'does not'rule out condemnation, this request relates . to a vacation. . The City. Commission had not authorized the use of condemnation. ~f~). l" .J' It was requested staff prepare a report in response to PPC and DCA correspondence. Planning Director Ralph Stone distributed copies of and summarized the City's position. The PPC has found the City's new community developmen't code to be consistent with County standards. Current PPC concerns relate to unanticipated features . related to density issues and TORs. Staff has presented suggestions to resolve the issues. In response to a question, Mr. Stone said the PPC is responsible for reviewing municipal codes for consistency with County standards related to intensity, permeable surface ratios, etc. In response to a question, the City Attorney said the PPC has no authority regarding vacations nor is PPC review of City projects required. Commissioner Johnson moved to pass and adopt Ordinance #6478-00 on second and final reading. The motion was duly seconded. In response to questions, the City Manager said the City wishes to work out compromises with the PPC to encourage cooperation, as long as the code's Integrity is not degraded. Upon roll call being taken, the vote was: "Ayast!: Johnson, Hooper, and Aungst. "Nays": Clark and Hart. Motion carried. , '0 mcc02aOO 5 02/03/00 . ; . . .j I ',.: ,I i. ,'. .' . . T '" I . . '.~ ,~; i :.::'. \:;'. ,::.;, .: ::i' ' "". .. . t,' > :. . ':' .' ,". "0' I ",' ',.1 .':..',:.... l ".' ,'.' c.iJ'.." . " '. ~ ", .,J- , . . . ", ". '. . I , . .: ~ " I' .' ,ITEM #17 - Ord. #6479-00 - Granting to KMC Telecom III, Inc. permission to occupy' municipal streets and rights-at-way in the City of Clearwater as a means ot providing telecommunication service; prescribing terms and conditions accompanying the Grant of Franchise . The City Attoniey presented Ordinance #6479-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6479-00 on second . . an~ final reading. The motion was dUly seconded and upon roll call, the vote was: . ,II Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. . hEM #18- Ord. #6480-00 - amending City Code of Ordinances and amending City at Clearwater Money Purchase Pension Plan Document, to provide for loan provisions for plan . participants The City Attorney presented Ordinance #6480-00 for second reading and read it by title only. ' Commissioner Johnson moved to pass and adopt Ordinance #6480-00 on secon.d'and final reading. The motion was duly seconded and upon rol~ call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. . t '.<\ ,.:~;~, "Nays": None. ITEM #19 - Ord. #6!J81-00 - Vacating \'':8sterly 3' of easterly 10' utility easement, DelOra Groves, First Addition, Lot 110, subject to complying with Sec. 1 of Ordinance IGroteke, V99-1 2} The City Attorney presented Ordinance #6481-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6481-00 on second and final reading. The motion was dUly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #20 - Readopt Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01ld) 5 (vii) regarding leasing surplus municipal real property The City Attorney presented Ordinance #6482-00 for third reading and read it by title only. Commissioner Hooper moved to pass and readopt Ordinance #6482-00 on third and final re~ding. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. I1Nays": None. I. J ."""" . mcc02aOO 6 02/03/00 ; ,.' ,.....,t. ,.j, ~'~:.: ">" '.' ..... . . .,. .,. .., ':":.~I' ',~'~I.::;' \',1;' '~'...-,,',,',._'. " I ' }' I., . \' ;j 1'1' . /. 'l',.:{ ..',: : ~~ I ..: ~:~:. '. C I \. l~' .' . ': .': \ . > . . ~ c. ~' __ . .' ,': , , .' . I , ~ : ' ~ T~ .. ~, C' ~. ..: '. ':; >' . . , . . ': , ' . , " " . " " . .. 'j.' . , I" 'I , .J "1 . "', "'\ i.. /') ITEM #21 - Oi-d. #6483-00 -. land Use Plan Amendment to Residential/Office Limited for property located at 809 Druid Rd., Magnolia Park Sub., Blk 40" lots 4 & 5 (Stephen Watts) The City Attorney present'ed Ordinance #6483-00 for second reading and read it by' title only. Commissioner Johnson moved to pass and adopt Ordinance #6483-00 on , second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. . "Nays": None. ITEM #22 - Ord. #6484-00 - Office Zoning for property locLated at 809 Druid Rd., Magnolia Park Sub., Blk 40, Lots 4 & 5 (Stephen Watts) The City Attorney, presented Ordinance #6484-00 10r second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6484-00 on .second and final reading. The motion was dUly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark,. Hooper, Hart and Aungst. . "Nays": None. .t~r1,...\ ITEM #23 - Ord. #6485-00 - Annexation, .1735 West Manor Ave., Clearwater Manor, Lot fiqNl 39 (Nabil & Nadia Youssef, A99-21) The City Att,orney presented Ordinance #6485-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6485-00 on second and final reading. The motion was dUly seconded and upon roll call, the vote was:: II Ayes": Johnson, Clark, Hooper, Hart and Aungst. ",Nays": None. The Mayor departed the meeting at 7:05 and returned at 7:07 p.m. ITEM #24 - Ord~ #6486-00 - Land Use Plan Amendment to ResidentiLaI Low, 1735 West Manor Ave., Clearwater Manor, Lot 39 (Nabil & Nadia Youssef, A99-21) The City Attorney presented Ordinance #6486-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6486-00 on second and final reading. The motion was dUly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and, Hart. "Nays": None. Absent: Aungst ) '-......) mcc02aOO 7 02/03/00 .. r:::~< \,~j> ~,: I', .' ..~ I ':f.':"~ ~,;,".f' \ 'J. : ' ;.:."~. ':::":"".'.:.":":":.: " - .... ITEM #25 - Ord. #6487-00 - lMDR Zoning, 1735 West Manor Ave., Clearwater Manor, lot 39 (Nabll Be Nadia Youssef, A99-21) . The City Attorney presented Ordinance #6487-00 for second reading and read it by ~itle only. Commissioner Clark moved to pass and adopt Ordinance #6487-00 on second and final reading. The motion was dUly seconded and upon rou call, the vote w~s: "Ayes": Johnson, 'Clark, Hooper, and Hart. "Nay~": None. Absent: Aungst ITEM #26 - Ord. #6492-00 - land Use Plan Amendment to Commercial General, 2463 Gulf to Bay Blvd., Sec. '18-29-16 (Sunny Grove Mobile Home Park, Inc., Z99-04) The City Attorney presented Ordinance #6492-00 for second reading and read it by title oniy. . Commissioner Johnson moved to' pass and adopt Ordinance #6492-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Hart. "Nays": None. Absent: Aungst ITEM #27 - Ord. #6493.00 - Commercial Zoning, 2463 Gulf to Bay Blvd., Sec. 18-29-16 (Sunny Grove Mobile Home Park, Inc., 299-04) The City Attorney presented Ordinance #6493-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6493-00 on second and final reading. The motion was dUly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. LTEM #28 - ReadoDt Ord. 6494.00 - Relating to Employees Pension Plan; amending Sec. , '2.393 of Code of Ordinances to amend or delete definitions; amending Sec. 2.397 of Code to amend benefits under the plan; providing for referendum election relating to the pension plan The City Attorney presented Ordinance #6494-00 for third reading and read it by ti~le only. Commissioner Clark moved to pass and readopt Ordinance #6494~OO on third . and final reading. The motion was duly seconded and upon roll call, the vote was: mcc02aOO 8 02/03/00 ,. .!>' "',. ~ '. . ~ I : ~ 't' . " ., ~ L , . ,. .( ,"'~ . . ~ ' ,'- , '. ';t\):"::,'." ,:'.:;." :~\'" ,:'~ .' .,'t ';::::,"'y;,\'! ""j.' ,~;:: ," .', ., I..:,. <t, '. \ ., t . , . .., .',' II '1 ../ "Ayes": Clark, Hooper, Hart and Aungst. "Nays": Johnson. Motion carried. ITEM #29 - Ord. #6498.00 - Relating to Occupational License Fees; amending Appendix A, Schedule of Fees, Rates & Charges by 5 % increase in fees and amending administrative fee charges The City A,ttorney presented Ordinance #6498-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6498-00 on .'. second and final reading. The motion was duly seconded and upon roll call, the vote was:' "Ayes": Johnson, HO,oper, Hart and Aungst. "Nays": Clark. Motion carried. ITEM #30 - Ord. #6499-00 - Relating to Building & Development ReguJations;amending Appendix A, Schedule of Fees, Rates. & Charges, Relating to Sec. 47.084(4) I?-'~~~': ~y -4~t;;. . The City Attorney presented Ordinance #6499-00 for second reading and read it by' title only. 'Commissioner Clark moved to pass and adopt Ordinance #6499-00 on second and final reading. The' ":,otion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #31 - Ord. #6500-00 - establish new non-resident fees for participation at City recreation facilities and in City recreation programs & activities The City Attorney presented Ordinance #6500-00 for second reading and read it by title only. Commissioner Hooper moved to pa'ss and adopt Ordinance #6500-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. '. , ITEM #32 - Ord. 116501-00 .' reducing number of members on Library Board from 9 to 7 . The City Attorney presented Ordinance #6501-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #650'-00 on, second and final reading. The motion was duly seconded and upon roll call, the vote was: ~ mcc02aOO. 9 02/03/00 , . ,.., ," '. :,. < ":l~~;. ','\ <. . . . . . " . ~ '. " , . . , " '. , ' > ~.. : I' . , fJ. ,., , "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #33-40) - Approved as submitted. Consent Agenda items require, no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and vote on individual items. ITEM #33 - Aooroval of Purchases oer Purchasino Memorandum: . Garber Buick Pontiac GMC, one 2000 Chevrolet Cavalier compact sedan (replacement), $12,31 B; funding to be provided under City's Master lease-Purchase Agreement IGS) Don Reid Ford, two 2000 Ford Taurus sedans {replacements}, to be used by Police, $31,450; funding to be provided under City's Master lease-Purchase Agreement (GS) Professional Grounds Management, maintenance of medians on Gulf to Bay Blvd., 3/1/00- 2/28/01; estimated $38,426 (QOL) . fs~ Grinnell Corp., brass water fittings, 3/1/00-2/28/01, estimated $60,000 (PW) ITEM #34 - Ratifv/Confirm City Manaoer's decision to increase professional service contract with Krishnan Anandan, Parks and Recreation Tennis Professional, from $25,000 to $ 55,000 and extend term from 1 2/31/99 to 4/30/00 I PR) ITEM #35 - Award $50.000 contribution to Clearwater Artsl Foundation. Inc. tOOL) ITEM #36 - Contract for Sand Kev Saillno Center - Boat Ramps to Harvev- Taddeo. Inc., for $115,361.40 (PW) ITEM #37 - Authorize release of that certain Easement for waterlines and refated facilities .. ' granted by WRC Properties, Inc. on 10/22/80 in respect to its encumbrance of Phase III Arbor Office Center (PW) ITEM #38 - Aoreement with FDEP to share contamination assessment & site remediation costs at Clearwater Beach Seafood located at 37 Causeway Blvd., $132,840 (PWI . ITEM #39 - Aqreement with FDEP to share contamination assessment & site remediation costs related to former fleet maintenance facility located at 507 Vine Ave., $270,600 (PW) <.J mcc02aOO 10 02/03/00 ,H '., ,,:. "~"', ',l,' ,.,_ ",' .' ' .. 1." ;" ; ':;' -~, '. II' -/, '>'.' t -I :'.. . ."". .tr , . " + .. ,". .:. t ""~' . "j ; " L' ..' ,,'.. ~ ':.. . I". I , . ',L' ," , , . " . I " .I., ~. " \": .: " I'.: . "I' . "\ ' ~J mM #40 - DralnaQe & Utili tv Easement -parcel of land lying within Sec'. 15-29-15 & Ssc. 22-29-15 (Tho Clearwater Group, Ltd. &. Clearwater Phase I Partners, 'Ltd.)(CA) Commissioner Clark moved to approve the Consen~ Agenda as submitted and that the appropriate oUlcials bo authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM 1141 - UDdate reoardino Cell Tower Issue . Mr. Stone said in January, the COB (Community Development Board) had voted to reconsider their previous approval of a cell tower on Virginia Street after the Pinellas County School Board and AT&T had become more active in plans to replace the Clearwater High School tower with one which could accommodate all current and future cell phone vendors in this market. When first approached by staff, the School Board had not responded positively to this proposal. The Mayor, Commission, and City Manager involvement in contacting School Board members helped hasten this proposal. The City has retained an expert outside consultant to assess related technologies. In response to a question, Mr. Stone said the consultant also will review the City for other potential cell tower sites. Government owned properties are the first considered. (;r~>~ : 'l~.. , ' ....:.. It was stated rebuilding the current tower is preferable to locating 2 towers close to each other near Gulf-to-Bay Boulevard. In response to a question, Mr. Stone will report on the minimum distance required between towers. In response to a statement, the City Manager said staff would respond to the builder who had contacted a church regarding use of that site for a tower. ITEM #42 - Contract for Gulf to Bav Corridor Enhancement Proiect - Overpass Artwork to ,aRC, Inc., for $60,901 (PWI Revitalization of Gulf.to-Bay Boulevard is one component of the One City. One Future. blueprint. Staff proposes to have an artistic mural painted on the east side of the US 19N overpass at Gulf-to~Bay Boulevard ISA 60). Funding is available in the Gulf-to-Bay Boulevard corridor enhancement project. Concerns were expressed regarding the need for and expense of this project. Commissioner Hooper moved to deny Item #42. The motion was duly seconded and carried unanimously. ITEM #43 - Res. #00-03 - naming city property located at 205 Windward Passage os lISunset Sam Park on Island Estates" IPR) Commissioner Clark moved to name the City property at 205 Windward Passage "Sunset Sam Park on Island Estates." The motion was duly seconded and carried unanimously. '~' mcc02aOO 11 02/03/00 " '.' I, _ ' . I', ,: . v . . .-' ;' ~ I~ '. . .. '. ..' f : I' ,.;', ,"', :,',' ...,.., " , ," :.' . " '. : , . .. ,'. ,.;':'. .. " ,> .' ',' . "': ""'. ,{<:, ;:" ';;' """ .'> >' . . , . '.' , , .. ~ I , <,' I'~ ':",::', ;: ,. ::;'/.\',1 .11: ~:,>. ,,' :J .. , ., d -:'1 / The City .Attorney presented Resolution #00-03 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-03 and authorize the , appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart andAungst. "Nayst': None. ITEM #44 - Res. #00-08 - authorizing & directing condemnation of property needed for Town Pond project (PW) (~I The Town Pond Project is necessary to improve stormwater management downtown and solve flooding and water quality problems: The project requires propert'y acquisition near the Pierce Street stormwater facllity. The Florida Constitution and Florida Statutes allow the City to exercise power of eminent domain to acquire property and property rights deemed necessary for construction. of a regional stormwater treatment facility. While the City needed to acquire property from 4 property owners, negotiations with 3 owners were ' successful. Negotiations with James C. Kahtmeyer, Trustee, to purchase the fourth property have been unsuccessful. The City has made a good faith offer of $245,000, plus closing costs, based on the highest cost paid for land and improvements to the other owners. Funds have been alloca~ed for this project. All project property must be acquired prior to the commencement of construction in November 2000. Commissioner Clark moved to authorize and direct the condemnation of the property needed for the Town Pond project. The motion was duly seconded and carried unanimously. . The City Attorney presented Resolution #00-08 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-08 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: . "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #45 - Community Development Board - 1 appointment lelK) Commissioner Hooper moved to reappoint Carlen Petersen. The motion was duly seconded and carried unanimously. ~ mcc02aOO 12 02/03/00 " ~ .. ~ 'I '; \ . : ';.. 'i:..~ <~:' ;~..! :.': ;.' <' ' ~ {r~~~~J ITEM 1/46 - Other Pendina Matters Letter of Intent to Prepare Memorandum of Agreement/JMC Communities Clearwater beach project (a/k/a Cheezum development) The City Manager said the PPC had requested the City Commission sign a Letter of Intent to Prepare' a Memorandum of Agreement 'related to the JMC Communities Clearwater beach proje.ct. The agreement would approve staff working with PPC toward resolution of issues related to density transfers and conveyances, Transfers of Development Rights rules, and the review and reconciliation of the City's Code with Countywide rules. Commissioner Hart moved to approve staff work with PPC toward resolut;on of issues , related to density transfers and conveyances, Transfers of Development Rights rules, and ' the review and reconciliation of the City's Code with Countywide rules. The motion was duly seconded and carried unanimously. CITY A TIORNEY REPORTS ITEM #47 - Res. #00-07 - Demolition Lien - 1022 N. Missouri Ave., Springfield Subdivision No.2, Blk 2, Lot 7 (WSF Revocable Trust dated S/B/SO) ,. The City Attorney presented Resolution #00-07 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-07 and authorize the , appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #48 - Other City Attornev Items . The City Attorney said difficulties regarding the permitting of bus shelters related to the Eller Media settlement have been resolved. She reported removal of the last 7 billboards will begin on February 14, 2000. Code Enforcement staff is taking action . regarding illegal OSI billboards. ITEM #49 - City ManaCler Verbal Reports - None. ITEM #50 - Other Commission Action Commission members offered their condolences to Carolyn Brink on the passing of her father. Commissioner Clark expressed dismay the Mandalay Beach Club developer had : mailed promotional information before the development agreement was approved. \ --./ mcc02aOO 13 02/03/00 . i ',' ',_ .:: .; . ~ .' .;..... . .~ , : I~ .", .-~,. ..:. J~.'I'~ .::~' :'f ,.. .. t: : .": ......,. of +..'~. ,'. '..~, ..........~...... .',. ,,"'.\ .~ :. '" :,' , " ,~J . ;;. .." > 1 ' . 1',' .~: 't, ~:. ':\ '. i;> ,: ; c , >... "' '/ , . , . ~. . ., , t. d+ , . ". 4 ," ~;:. ,..' ','. .' ') .,.r Commissioner Clark invited residents to attend Charlio, Daniels Concert at Coachman' Park on Februarv 6, 2000, at 1 :00 p.m. and a concert next month featuring 60s/70s bands. Commissioner Clark congratulated downtown for the success of 'Iast woekend's concert at Station Square Park and invited people to attend the next concert on February 25, 2000. Commissioner Hoooer invited public participation at the downtown redevelopment presentations on February 8, 2000, at 12:00 noon CommissIon members congratulated Mark Smyth for being named Firefighter of the Year. Commissioner Johnson requested information regarding the upcoming aviation festival. Staff to report. Commissioner Hart said FEMA's (Federal Emergency Management Association) proposed realignment of the CCCL {Coastal Construction Control Line) could be devastating to the community. He.recommended motivating citizens to oppose this change. The City Manager reported a presentation is planned. Commissioner Hart requested permission to work with the City Manager regarding *',!:::~ development of interactive web site. Consensus was to' approve exploration. .,:.:.:::P . Mavor AunQst thanked John Morroni for hosting a dinner for Public Safety work erSt where several staff members were honored. Mavor Aunqst congratulated the Mt. Olive Church AME for its recognition in the National Registry of Historic Places. Mavor AunQst welcomed exchange students visiting from Naganot Japan. Mavor AunC1st said he had attended last weekts lawnbowl Tournament, which raised funds for CHIP (Clearwater Homeless Intervention Program). Mavor Aunqst said attendees at this morning's shuffleboard tournament offered many compliments to Parks & Recreation staff . ITEM #51 - Adiournment '0 The meeting 'adjourned at 7:43 p.m. ATTEST: ~ ~ f)~ City Cler. mcc02aOO' {If 14 L!N MayorlJfo missioner 02/03/00