11/16/2000 (2)
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COMMISSION
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'City Commission Minutes
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CIl'Y COMMIS,SION MEETING
CITY OF CLEARWATER
Noyember. 16, 2000
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Present:
Brian J.1 Aungst
J,' B. Johnson
Robert Clark
Ed Hart
Vacant Seat
Mayor/Commissioner ,
Vice~Mayor/Commissioner
Commissioner
Commissioner
Commissioner
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Also present: William B. Horne II
, , Garry' Brumback
Bob Keller '
Pamela K. Akin
Sue Diana
Brenda Moses
Interim City Manager
Assistant City Manager
Assistant City Manager - arrived ,7:40 p.m.
City Attorney ,
Assistant City Clerk
Board Reporter
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The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Reverend Anton DeWet of Faith United Church of Christ. The Mayor led
the Pledge of Allegiance.
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One service award was presented to a City employee.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) Award to Ramada Limited from Beautification Committee
Jean Stuart, Chair of Beautification Committee, presented an award to Ramada
Limited.
ITEM #6 ~ Approval of Minu~
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Commissioner Johnson moved to approve the minutes of the regular meeting of '
November 2, 2000, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
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lTEM #7 :. Citizens to be heard re Items not on the AQenda
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Jay 'Keyes said the Clearwater Beach Association has unanimously requested the
temporary par~ing on the Memorial Causeway be removed and restored to its original pink-
like setting. '
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Sam Elliott alleged the City Attorney lied at the August 3, August 17 and September '
21, 2000, Commission meetings. The City Attorney said Mr. Elliott's comments are the
same as previously expressed and she had no further comment.
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PUBLIC HEARINGS
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ITEM #8 - Public Hearin!:! & First Readin!:! Ord~ #6600-00 - Vacating approx. 163' in length
of a 30' wide unnamed r-o-w lying south of Druid Road, between Lake Ave. & Keystone
, Ave., subject to retaining westerly 10' as a drainage & utility easement IVan Raalte) -
(V2000-12)' ,
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The30-foot wide right-ot-way serves no purpose tor vehicular or pedestrian traffic.
The applicant who resides at 1625 Druid Road East has requested the right-ot-way be
vacated to allow for the future construction of a detached residential garage. The City has
no existing utilities within the right.of~way. Public Works Administration is recommending
the vacation of this portion of right-of-way, subject to retaining the westerly 10 feet as a
drainage and utility easement. 'Florida Power, GTE and GTE Media Ventures have no
objections to the vacation request. Time Warner has no objection provided the westerly 10
feet is retained as a utility easement. '
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In response to a question, Director of Engineering Mike Quillen said the City owns
the property. He said the adjacent property owners would maintain the property. In
response to a question, City Attorney Pam Akin said vacating does not convey title.
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"Nays": None.
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Commissioner Johnson moved to approve the applicant's request to vacate
approximately 1 63 feet in length of a 30 foot wide, unnamed right.of-way lying south of
Druid Road between Lake Avenue and Keystone Avenue, subject to retaining the westerly
10 feet as a drainage and utility easement. The motion was duly seconded and carried
unanimously. '
The City Attorney presented Ordinance #6600-00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6600-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clarki Hartl and August.
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'ITEM # 9 - Public Hearing & First Reading Ords. #6619.00. #6620-00 & #6621-00 _
Annexation (& redefining boundary lines of City to Include said addition), Land Use Plan
Amendrnentto Residential Low & LMDR Zoning, 1407 Nursery, Rd., Suncrest Terrace, Lot
'11 (Michael'& Linda Biros) - (ANXOO-08-15)
The site is at 1407 Nursery Road on the south side of Nursery Road, opproximately
270 feet south of Seabreeze Street. .The purpose of this voluntary annexation is to enable
the applicant to receive City garbage collection service. The current use of the property is
single family residential and the site is approximatelv 0.17 acres in size. The City has been
providing water service to the subject property since May 29, ,1998, and the capacity
continues to be available for this utility. The applicants are aware of the need and costs to
extond the sanitary sewer line to their property.
The Planning Department determined the proposed annexation is consistent with the
. following standards specified in the Community Development Code: 1) The' proposed
, annexation will not adversely impact public facilities and their level of service; 2) the '
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide
Plan~ and the ,Community Development Code; and 3) the proposed annexation is contiguous
to existing municipal boundaries, represents a logical extension of the boundaries and does,
not create an enclave. Since the proposed annexation site is less than 10 acres, the
annexati'on will not require the review of the Pinellas Planning Council. '
The' Planning Department determined that the proposed land use plan amendment
and zoning rezoning applications are consistent with the following standards specified in
the Community Development Code: 1) The proposed land use plan amendment and
rezoning application are consistent with the Comprehensive Plan; 2) the potential range of
uses and the specific proposed use are compatible with the surrounding area; 3) sufficient
public facilities are available to serve the property; and 4) the applications will not have an
adverse impact on the natural environment.
Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will
not be required for the plan amendment. The COB (Community Development Board)
reviewed these applications at their public hearing meeting of October 16, 2000, and
recommended approval of all applications.
Commissioner Clark moved to approve the petition for Annexation, Land Use Plan
Amendment and rezoning from County Residential Low to City Residential Low and Zoning
Atlas Amendment from County Zoning District Residential, Single Family District (R-3) to
City Low Medium Density Residential (LMDRI for 1407 Nursery Road (Lot 11, Suncrest
Terrace). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6619-00 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6619-00 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
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,The City Attorney presented Ordinance #6620-00 for first rea'dlng and read it by
,title only. Commissioner Clark mov~d to pass Ordinance #6620-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hart, arid August.
ttNays": None.
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. The City Attorney presented Ordinance #6621-00 for first reading and read it by
title only. Commission.er Hart moved to pass Ordinance #6621-00 on first reading. . The
, motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.'
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.ITEM,#10 ~ Public Hearinq & First ReadlnQ Ords. #6631-00. #6632-00 & #6633-00 -
Annexation (& redefining boundary lines of City to include said addition), land Use Plan
,Amendment to Residential/Office Limited & Office Zoning, 107 & 111 McMullen Booth Rd,
Sec., 16-29-16, M&B 21.04 & 21.05 (Thomas Kelly & Michael A. Ciaramella) (ANXOO-08-
19 & LUZOO-08-09) .
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The sites are at 107 and 110 McMullen Booth Road at the southeast corner of the
intersection of McMullen Booth and Bay lane. The site is approximately 0.56 acres in size.
{\l'.). The subject properties are currently used as a single family residential and a duplex
::,/1 respectively. The purpose of the annexation, land use plan amendment, and rezoning is to
allow the applicants to receive sewer service and to allow office redevelopment of each of
these two parcels. The properties will be served by City water and sanitary sewer service.
The applicants are aware of the need and costs to extend and connect thf3 water and
sanitary sewer lines to their respective properties.
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The Planning Department determined that the proposed annexation is consistent '
with the following standards specified in the Community Development Code: 1) The
proposed annexation will not have an adverse impact on public facilities and their level of
service; 2) the proposed annexation is consistent with the City's Comprehensive Plan,
Countywide Plan, and the Community Development Code: and 3) the proposed annexation
is contiguous to existing municipal boundaries, represents a logical extension of the
boundaries and does not create an enclave. The site is less than 10 acres, therefore the
PPC will not make a determination on the City's ability to serve the property.
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The Planning Department determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards specified in the
Community Development Code: 1) The proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan; 2) the potential range of uses and
the specific proposed use are compatible with the surrounding are~; 3) sufficient public
facilities are available to serve the property; and 4) the' applications will not adversely
impact the natural environment.
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, In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of thePPC and the Board of ,County Commissioners acting as the
,Countywide Planning Authority. Due to the size and intensity of the plan amendment site,
review and approval by Florida Department of Community Affairs is not required. The CDB
reviewed these applications at their public hearing of October 17, 2000, and reco,mmended
approval of all three applications.
Commissioner Johnson moved to approve the Petition for Annexation, Land Use
, Plan Amendment from County Residential Urban (RU) to City residential/Office Limited
fR/OLL and a Zoning Atlas Amendment from County Zoning Residential, Single Family (R-3)
District to City Office (0) District for properties at 107 and 111 McMullen Booth Road
(Metes and, Bounds 2,1-04 and 21-05 in Section 16, township 29 South; Range 1 6 East.
, The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6631 ~OO for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6631-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
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The City Attorney presented Ordinance #6632.00 for first reading and read it by
title only., Commissioner Johnson moved to pass Ordinance #6632-00 on first reading.
,The motion was duly seconded and upon roll call, the vote was:,
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
The City Attorney presented Ordinance #6633-00 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6633-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
ITEM #11 - Public Hearinq & First Readino Ords. #6616.00. #6617-00 & #6618-00-
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Urban & LMDR Zoning, 2014 Poinsetta Ave., Brooklawn Sub.,
Blk 0, Lot 10 less E 5' for road r-o-w IYanith Kheang / City) - IANXQO-09-14)
The site is at 2014 Poinsetta AveilU8, on the west side of Poinsetta Avenue,
approximately 100 feet east of Betty Lane. The annexation is to allow the City to bring
this property into its jurisdiction in compliance with the April 28, 1986, Agreement to
Annex, (AT A) between the City and previous owners. Effective with the annexation, the
City will collect open ~pace impact fees of $ 200 from the current property owner. The
current use of the property is residential and the site is approximately 0.12 acres in size.
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The property is being served by City water and sanitary sewer service pursuant to the
'agreement to annex. The property owner is aware of the payment of the outstanding open
space imp~ct fee that is due prior to the second 'reading.
The Planning Department det~rmined that the proposed annexation is consistent
with the following standards specified in the Community Development' Code:' 1} The
proposed annexation Will not adversety impact public facilities and their level of service; 21
the proposed 'annexation is consistent with the City's Comprehensive Plan, Countywide
Plan, and the Community Development Code; and 3) the proposed annexation is contiguous
to existing municipal boundaries, represents a logical extension of the boundaries. and does
not create an enclave. Since the proposed annexation site is less than 10 acres, the
annexation will not require the review of the PPC.
The Planning Department determined the proposed land use plan amendment and'
, , rezoning applicatiohs are consistent with the following standards specified in the
Community Development Code: 1) The proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan; 2} the potential range of uses and
the specific proposed use are compatible with the surrounding area; 3) sufficient public
facilities are available to serve the property; and 4) the applications will not adversely
impact the natural environment.
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Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will '
not be required for the plan amendmera. The COB reviewed these applications at their
pUblic hearing meeting of October 17, 2000, and recommended approval of all applications.
Assistant Planning Director Cyndi Hardin said in response to a question raised earlier,
when the recreation open space ordinance was originally adopted, everyone paid the
appropriate fee. All of the previously adopted agreements were approved prior to that.
She said staff would submit them to the PPC for informational purposes. In response to a
question, Ms. Hardin said when annexing 8 or less single family homes, no impact fee is .
required.
Yanith Kheang, owner, said he is happy with the community. He said he did not feel
the City needed to annex his property yet since there is an empty lot to the east. Ms.
Hardin said the property to the east involves a substantial amount of City owned property
to which Mr. Kheangtsproperty is contiguous. The lot to the west is County property.
Staff feels annexing his property is consistent with the annexation standards.
Commissioner Johnson moved to approve the Petition for Annexation, land Use
Plan Amendment from County Residential Urban to City Residential Urban and Zoning Atlas
Amendment from County Zoning District Residential, One, Two and Three (R-4) Family
District to City low Medium Density Residential (LMDR) Zoning District for 2014 Poinsetta
Avenue (Lot 10, Block 0, Brooklawn Subdivision). The motion was duly seconded and
carried unanimously.
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The City ~ttorney presented Ordinance #6616-00 for first reading a'nd read ,it by
title only. Commissioner Hart moved to pass Ordinance #6616-00 on first reading. The '
motIon was duly seconded and upon roll callI the vote was:
"Ayes":, Johnson, Clark, Hart, and August.
"Nays"; None.,
"Ayes": Johnson, Clark, Hart, and August.
"Nnys"; None.
The City Attorney presented Ordinance #6617-00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6617-00 on first reading; The
motion was duly seconded and upon roll ca!', the vote was:
The City Attorney presented Ordinance #6618-00 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6618-00 on first reading.
The motion was duly seconded and upon roll call, the vote was:
II Ayes"; Johnson, Clark. Hart. and August.
"Nays": None.
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ITEM #12 - Public Hearina' & First Readina Ords. #6622-00. #6623-00 & #6624-00 -
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Low & LMDR Zoning, 1708 E. EI Trinidad Dr., Virginia Grove
Terrace, Blk 2. Lot 3 (Christine L. & Irma N. Thacker Est. / City) (ANXOO-09~17~
The site is at 1708 E. EJ Trinidad Drive, on the west side of Trinidad Drive.
approximately 230 feet north of State Road 590. The annexation is to allow the city to
bring this property into its jurisdiction in compliance with the November 14, 1 984
Agreement to Annex (ATA) between the City and previous owners. Effective with the
annexation, the City will collect open space impact fees of $ 200 from the current property
owner. The current use of the property is residential and the site is approximately 0.18
acres in size. The property is served by City water and sanitary sewer service pursuant to
the agreement to annex. The property owner is aware of the payment of the outstanding
open space impact fee that is due prior to the second reading.
The Planning Department determined the' proposed annexation is consistent ~ith the
following standards'specified in the Community Development code: 1) The proposed
annexation will not adversely impact public facilities and th'elr level of service; 2) the
proposed annexation is consistent with the City's Comprehensive Plan, Countywide Plan,
, and the Community Development Code~ and 31 the proposed annexation is contiguous to
, existing municipal bOL1ndaries, represents a logical extension of the boundaries, and does
not create an enclave, Since the proposed annexation site is less than 10 acres, the
annexation will not require the review of the PPC. '
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The Planning, Department determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards specifIed in the
Community Development Code: 1) The proposed land use plan 'amendment and rezoning
application are consistent with the Comprehensive Plan; 2} the potential range of uses and
the specific proposed use are compatible, with the surrounding 'area; 3} sufficIent public
facilities are available, to. serve the property; and 4) the applications will not adversely'
impact the natural environment.
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Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will
not be required for the plan amendment. The COB reviewed, these applications at their
public hearing meeting of October 17, 2000, and recommended approval of all applications.
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Commissioner Clark moved to approve the Petitio~ for Annexation, Land Use Plan
Amendment from County Residential Low to City Residential L.ow and Zoning Atlas
Amendment from County Zoning District Residential, Single Family (R-3) District to City
Low medium Density Residential (LMDR) zoning District for 1708 E. EI Trinidad Drive (Lot
3, Block 2, Virginia Grove Terrace). The motion was duly seconded and carried
unanimously.
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The City Attorney presented Ordinance #6622-00 for first reading and read it by
title only. Commissioner Johnson moved to pass' Ordinance #6622~OO on first reading.
The motion was duly seconde,d and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
The City Attorney presented Ordinance #6623-00 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6623-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
The City Attorney presented Ordinance #6624-00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6624-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hart, and AuglJst.
"Nays": None.
ITEM #13 - Public HearillQ &'First ReadinQ Ords. #6625-00. #6626-00 & #6627-00-
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Suburban & LDR Zoning, 1880 McMullen Booth Rd., Sec. 4-29-
16, M&B 32.04 (Rle Properties limited I CitY) (PLD)
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This site is at 1880 McMullen Booth Road, on the west side of McMullen Booth
Road, approximately 300 feet south of Sunset Point Road. The annexation is to allow the
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City to bring the property into its jurisdiction in complionce with the October 10, 1 980
Agreement to Annex (AT A) between the City and previous owners. The current use at the'
subject site is a day care center which is a nonconforming use and inconsistent with the '
lOR zoning district. However, since the site was legally established for use as a day care
center since S~ptember 19, 1980, under Pinellas County zoning regulations and the use
has not changed since'then, the existing use at this site is regarded as legally
nonconforming and ~i1I be grandfathered in as such. The subject property is the laPetite
learning Center/Academy and the site is approximately 0.89 acres In size. The property is
served by City water and'sanitary s'ewer service pursuant to the agreement to annex.
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The Planning Department determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards specified in the
Community Development Code: 1) The proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan; 2) the potential range of uses and
the specific proposed use are compatible with the surrounding area; 3) sufficient public
facilities are available to serve the property; and 4) the applications will not adversely
impact the natural environment.
, The Planning Department determined the proposed annexation is consistent with the
following standards specified in the Community Development code: 1) The proposed
annexation will not adversely impact public facilities and their level of service; 2) the '
proposed annexation is consistent with the City1s Comprehensive Plan, Countywide Plan,
and the Community Development Code; and 3) the proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension ,of the boundaries, and does
not create an enclave. Since the proposed annexation site is less than 10 acres, the
annexation will not ,require the, review of the PPC.
Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will
not be required for the plan amendment. The COB reviewed these applications at their
public hearing meeting of October 17, 2000, and recommended approval of all applications.
Commissioner Johnson moved to approve the Petition for Annexation, land Use
Plan Amendment from County Residential Suburban and Zoning Atlas Amendment from
County Zoning District Rural Residential (R-R~ District to City low Density Residential (lOR)
Zoning District for 1880 McMullen Booth Road (Metes and Bounds 32-04 in Section 04,
Township 29 South, Range 16 East). The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6625~OO for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6625-00 on first reading. The
motion was duly seconded and upon roll call, the vote was;
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
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, The City Attorney presented Ordinance #6626-00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6626-00 on fir'st reading. The
motion was duly seconded and upon roll call, the vote was:' ,,'
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"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
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The City Attorney presented Ordinance #6627-00 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6627-00 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Nays": None.
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ITEM '#14 - Public HearinQ & First ReadinQ Ords. #6628-00. #6629-00 & #6630-00 -
Annexation (& redefining boundary lines of City to include said addition), land Use Plan
Amendment to Residential Urban & lMDR Zoning, 2071 lantana Ave., Brooklawn Sub., 8lk
0, lot 8 (J~mes H. ,& Patricia C. Olson / City) (ANXQO-09-13)
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This site is at 207,' Lantana Avenue, on the east side of lantana Avenue,
approximately 230 feet south of Union Street. The annexation is to allow the City to bring
this property into its jurisdiction in compliance with the June 3, 1985, Agreeme'nt to Annex
(ATA) between the City and previous owners. Effective with the annexation, the City will
" ',~, collect open space impact fees of $400 from the current property owner. The current use
fjr:.) of the property is residential and the site is approximately 0.13 acres in size. The property
is served by City water and sanitary, sewer service pursuant to the agreement to annex.
The property owner is aware of the payment of the outstanding open space impact fee that
is due. prior to the second reading.
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The Planning Department determined the proposed annexation is consistent with the
following standards specified in the Community Development Code: 1) The proposed
annexadon will not adversely impact public facilities and their level of service; 21 the
proposed annexation is consistent with the City's Comprehensive Plan, Countywide Plan,
and the Community Development Code; and 3) the proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension of the boundaries, and does
not create an enclave. Since the proposed annexation site is less than 10 acres, the
annexation will not require the review of the PPC.
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The Planning Department determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards specified in the
Community Development Code: 1) The proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan; 2) the potential range of uses and
the specific proposed use are compatible with the surrounding area; 3) sufficient public
facilities are available to serve the property; and 4) the applications will not adversely
impact the natural environment.
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Pursuant to the Interlocal Agreement with Pinellas County, review by the PPC will
not be require,d for the plan amendment. The CDB reviewed these applications at their
public, he,arlng meeting of October 17" 2000, and rec~mmended approval 'of all applications.
Commissioner Hart moved to approve the Petition for 'Annexation, Land Use Plan
Amendment from County Residential Urban and Zoning Atlas Amendment from County
Zoning District District' Residential, One, Two and Three (R-4) Family District to City Low
Medium Density Residential ILMDR) Zoning District for 2071 Lantana Avenue (Lot 8, Block
0, Brooklawn Subdivision). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6628.00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6628-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None. '
The City Attorney presented Ordinance #6629-00 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6629-00 on first reading.
, The motion was dulV seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
C~:) The City Attorney presented Ordinance #6630-00 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6630-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hart, and August.
"Nays": None.
ITEM #15 - Public Hearlnq & First Readinq Ords. #6614-00 & #6615-00 - land Use Plan
Amendment to Institutional & Institutional Zoning, 3070 Chesapeake Lane, Sec. 16-29-16,
M&B 22.21 (City / First Baptist Church of Cfearwater){LUZOO-08-11 J
The site is at 3070 Chesapeake Lane on the west side of McMullen Booth Road,
approximately 450 feet south of Drew Street. The site is approximately 4.9 acres in size
and is used as an active park with a baseball field. The purpose of the land use plan
amendment and rezoning is to allow the construction of related church activities and its
accessory facilities at the site. This parcel will be added to the larger 11.8-acre tract to the
north also owned by the church. , A separate land use plan amendment and rezoning has
been approved by the City and is pending PPC review on November 15, 2000. The
property will continu,e,to be served by the City's water and sanitary sewer service.
The Planning Department determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards speCified In the
Community Development Code: 1) The proposed land use plan amendment and rezoning
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, appliC,ation Bre consistent with the Comprehensive Plan; 2) the potential range of uses and'
,the specific proposed use are' compatible with the surrounding area; 3} sufficient public
. facilities are available to serve the property; and 4) the applications will not adversely
impact the natural environment. In accordance with the Countywide' Plan Rulest' the land
use plan amen.dment is subject to the approval of the PPC and the Board of County
Commissioners Bcting as the CountYWide Planning Authority. Due to the size and/or
intensity of the plan amendment site, review and approval by Florida Department of
Community Affairs is not required. The COB reviewed these applications at their public
hearing of October 17; 2000" and recommended approval of both applications.
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The City Attorney presented Ordinance #6614-00 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6614-00 on first reading. The
m'otion was duly ~econded and upon roll call, the vote was:
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Ms. Hardin said the PPC recommended approval yesterday of the 1 2-acre parcel to
the north. She said she would check on the deed exemption for McMullen Booth Road.
She thought it could be a rjght~of"way dedication.
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Commissioner Hart moved to approve a Land Use Plan Amendment from Open
, Space/Recreation (OS/R) to Institutional (INS)t and a Zoning Atlas Amendment from Open
Space/Recreation (QSJR) to'lnstitutional (I) Zoning District, for property at 3070 Chesapeake
. Lane (Metes and Bounds 22-01 in Section 16, Township 29 South, Range 16 East). The
motion was duly seconde~ and carried unanimously.
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"Ayes": Johnson, Clark, Hartt and August.
"Nays": None.
The City Attorney presented Ordinance #661 5.00 for first reading and read it by
title o'nly. Commissioner Clark moved to pass Ordinance #6615-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson. Clark, Hart, and August.
t1 Nays,": None.
Public Hearing - Second Reading Ordinances
ITEM #16 ~ Ord. #6634-00 - Relating to investment of temporary surplus monies; amending
Sec. 2.524 to provide for a change in the types of investments of City funds
The city Attorney presented Ordinance #6634.00 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6634-00 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
IlAyes": Johnson, Clarkt Hart, and August.
"Nays": None.
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CITY MANAGER REPORTS
, CONSENT AGENDA (Items #17-28) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent A~enda to allow discus~ion and voting on the item individually.
ITEM #17 - Aocroval of Purchases oer Purchasing Memorandum:
1} Smith Fence Company, 2nd & Final renewal, fencing installed, 12/1/00-11/30/01, est.
$125,000 (PRl
2) Jeffrey Knight Inc., 1 st renewal of 2, gas mains & service lines instatlatlon, 1/1/01-
12/31101, est. $585,000 (GAS) ,
3) Duval Ford, twenty 2001 Ford Crown Victoria police pursuit vehicles, replacements,
$491,885; financing to be provided under City's Master Lease-Purchase Agreement (G5)
4) Bell Chevrolet, one 2001 Chevrolet Express 15-passenger van, replacement, $21,480;
financing to be provided under City's Master lease-Purchase Agreement (G5)
5) Verizon Florida, Inc., high bandwidth service, 11/17/00-9/30/01, est. $85,000 (IT)
ITEM #18 - Contract to Dames & Mooret additional soil remediation, 901-927 Cleveland
Street (Parcel B) owned by.CRA, $89,500 (EO)
ITEM #19- Non-Exclusive License Ameement with Nextel South COrD., authorizing
installation of telecommunications equipment upon West Water Tank, 1780 Weston Dr.,
for initial term of 5 years commencing within 1 80 days of full execution of license
agreement, granting Licensee option to extend for up to 3 additional terms of 5 years each,
providing initia/annual rent of $ 27,500 payable the 1 st of the month following
commencement date, adjustable annually a maximum of 4% in conformity with CPIIIT)
ITEM #20 - Authorize extension of Countryside library operatinQ hours to include Sundays
from 1 :00 p.m. to 5:00 p.m., beginning January 2001 (L1BI
ITEM #21 - Aareement with McNauahton Book Service, book leasing, not to exceed
$17,037.30 CUB)
ITEM #22 - Contract to GlE Construction Services, Inc., new airplane T-Hangars at
, Clearwater Airpark, $ 596,021 .35; authorize 5 year loan from Central Insurance Fund at
cash pool rate in the amount of $298,011 (MR)
ITEM #23 - AQreement with YWCA of Tampa Bav, interpretation / translation services, part
of Hispanic Services Outreach Program, 1/1101-9/30/01, est. $45,350 (PO)
mceTl bOO
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11/16/00
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ITEM #24'. Establish new CIP titled E.C. Moore Fields 8 & 9, to be Included in City's CIP
for ~iscal Year 20~1.2002, for total est. $530,000 (PR)
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ITEM #28 . Approve expenditure of $300,000 to acquire 2 parcels on Spencer Avenue for
stormwater retention project and to settle civil action in Winkelmann, et al. v. City (CA)
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ITEM '#25 . Contract to Eveland Brothers. Inc., expansion of Countryside Community
Recro8tlon Center, $464,640; approve subsequent Change Order deduct in the amount
$12,670, for net contract amount $451,970 tPR)
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ITEM #26 - Work Order to Wade-Trim Consultinl:l, Engineer-of-Record, engineering &
planning services for Enclave Annexation Program, $67,395 (PLD)
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ITEM #27 - Pinellas Planninl:l Council - Reappoint Commissioner Hart for the t.erm 1/1/01-
1 2/31/02 (elK)
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Commissioner Hart said at one of the library meetings concern had been expressed
about how to handle the requests for other libraries to remain open on Sunday. Mr. Szabo
said he has received no requests to keep any libraries other than Countryside open on
Sunday. If,the need arises, it will be addressed.
Commissioner Hart moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized ,to execute same. The motion was duly seconded
,I':~\,~ and carried unanimously. '
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #29 ~ Aqreement with FOP (Fraternal Order of Police) Supervisors for Fiscal Years
2000-2001, 2001-2002, & 2002-2003 (HRI
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The most recent collective bargaining agreement between the City and FOP
Supervisors expired on September 30, 2000. City management staff and representatives
of FOP Supervisors met beginning in April of 2000 to negotiate a new contract. The
parties reached a tentative agreement on October 19, 2000. The Union submitted the
proposed agreement to its membership who ratified the agreement by a vote of 25 to 4 on
October 30, 2000. This is a 3~year agreement that contains the following major
'provisions: 1) General Wal:le Increase - Provide for general wage increase of 3% ($92,532)
the first year; 3.5% ($111,382) the second year, and 3.5% ($116,556) the third year,
effective at the beginning of each of the respective fiscal years: ThiS would be in addition
to the existing "step" increases which are projected to cost approximately $65,000 in the
first year; $45,000 in the second year; and $50/000 in the third year; 2) Job AssiQnment
Pay - provide to bargaining unit members assigned to Community PoliCing, SWAT, Crime
Scene, Traffic Homicide, and certified by the Department as Bilinguall$7,BOO in first year,
$9,360 in second year and $10,920 in third year); 3) Allowances - increase plain~clothes
allowance and canine detail allowance $1,720 in first year; $ 2, 640 in second year; and
$3,560 in third year); 41 Leaves of Absence - provide additional vacation day for 20 years
of service and higher. Award bonus days for Sick Leave incentive instead of converting
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from S'ick Leave. Increase compensatory time maximum from 80 hours to 1 20 hours.
Increase Union Time from 80 hours to 272 hours; 5) Senloritv'- allow for no more than
four Field Truing Officer squads with one current and any future squad created over and
above the current Patrol teams to be assigned'to a permanent shift; and 6) Insurance -
provide for 100% standard HMO coverage for employee only health insurance for duration
of agreement.
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Mr. O'Rourke said this agreement was ratified by a wide margin by the rank and file.
He acknowledged 'the hard work and cooperation of the bargaining unit members and all
parties involved.
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Commissioner Johnson moved to approve the collective bargaining agreement as
negotiated between the City and FOP Supervisors for Fiscal Years 2000/2001, 2001/2002,
,and 2002/2003, and that the appropriate officials be authorized to execute same. The
m.otion was duly seconded and carried unanimously.
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ITEM #30 - First ReadinQ Ord. #6637-00 ~ Creating new Art. IV of Ch. 28; providing
regulations for users of City rights-of-way (PW)
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During the 2000 Regular Session, the Florida ,legislature created the
, Communications Services Tax Simplification Law. The Law is intended to simplify the tax
structure for telecommunications services and assure that all providers are regulated
uniformly. A requirement of the law is that prior to January 1, 2001, municipalities must
adopt public rights-of-way regulations which treat all telecommunications services equally.
The subject Code of Ordinance additions define the process to obtain a permit for work in
City rights-of-way and set forth construction specifications for such work.
In response to a question, Mr. Quillen said City Engineering staff determines if it is
technically and economically feasible to put new utilities underground. In response to a
question, Ms. Akin said there is nothing that precludes the City from establishing design
standards for telecommunication towers, however, this ordinance addresses rights-of-way
construction and a tower would not typically be constructed in a right-of-way. In response
to a quostion, Ms. Akin said it is not necessary for the Mayor to recuse himself from this
discussion.
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11/16/00
Commissioner Clark moved to approve the creation of a new Article IV, of Chapter
28 Clearwater Code of Ordinances, providing regulatIons for users of City rights-of-way.
The motion was duly soconded and carried unanimously.
The City Attorney presented Ordinance #6637-00 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6637-00 on first reading.
The motion was duly seconded and upon roll call, the vote was:
" Ayes":
"Nays":
Johnson, Clark, Hart, and Aungst.
None.
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ITEM #31 - (Cont. from 11/2/00) Aareement with Tamps Bav Water, reimbursement of
funding for preliminary engineering for advanced water treatment facilities in cooperation
with City, In the amount of $270,000; approve McKim & Creed Work Order for engineering
services providing concurrent studies and technical oversight of advanced water treatment
project, $369,000 (PW)
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Tampa Bay Water (TBW) has expressed an interest in developing a water treatment
facility in cooperation with Clearwater. TBW and the City are engaged in negotiations to
enable TBW to construct advanced water treatment facilities on City property and
Improvements to the City well field to achieve an increase in water production in one year.
TBW is requesting City cooperation to achieve a two million gallons per day (MGO)
increase over the, current City water production of three-MGO by September 2001 to offset
regional demand. The City previously was considering upgrades to water production
facilities to meet forthcoming Safe Drinking Water Act regulations by December 2003.
TBW has offered to accelerate City plans by funding early delivery of the project. The
McKim & Creed work involves technical oversight of TBW's technical efforts, coordination
of public information plans, conducting corrosion studies and providing engineering services
to change the City's disinfection system. The change in disinfection is required due to the
County's plans to change their disinfection process anticipated by November 2001. Of the
total cost of $369,000, $161,000 is applicable to the TBW effort. TBW has contracted
with Camp Dresser and McKee, Inc., (COM) to conduct preliminary engineering over the
next two months addressing project scope and cos't issues. At the conclusion of this
period, a basis of design report shall be provided to determine project feasibility. At that
time, the City will have t.he opportunity to assess the project and decide whether or not to
move forward with it. The total cost for tho COM effort is $700,836. The City's
reimbursable portion is $270,000 based on sharing the cost with TBW for both the COM
and McKim & Creed work ($700,836/2 - $161,00012 = $269,918 (rounded to $270,0001.
The City will provide reimbursement of $270,000 to TBW only in the event that TBW and
the City do not enter into an agreement to construct a water treatment plant.
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The City will be updating the Water and Sewer Rate Study concurrently with this
, project and will bring forward that analysis with rate recommendations. The last rate study
assumed the City would purchase all water from Pine1las County lat the then $1.79/1,000
gallons); that it would issue bonds for capital projects (did not include this project), and
resulted in annual 6.6% increases in each of the following five years. The first 6.6%
increase was approved and effective July 1, 2000. It is anticipated the Commission will
need to approve a series of rate adjustments in order to issue bonds for this project (if
pursued) as well as other planned projects.
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Sufficient funding for the City's $639,000 share of the effort is available in the
Water Supply and Treatment CIP #315~96750.
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Ms. Arasteh reviewed and responded to concerns expressed at the Work Session.
She said the City would receive $135,000 from SWFWMD (Southwest Florida Water
Management District) for this project. Ronnie Duncan. Treasurer for SWFWMD confirmed
that amount. In response to a question, Mr. Duncan said SWFWMD must follow statutory
guidelines regarding project funding. He said normally, funding does not apply to bricks
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and mortar projects. SWFWMD Is doing everything possible to address the severe drought
,problems in the region. SWFWMD is aware of this proposed agreement with TBW and'
. supports it.
Jerry Maxwell, General Manager of TaW, said the proposed project will benefit the
City, TaW, and'the entire region. He said TBW was created under Florida Statutes as an
,interlocal agency of. six local governments with broad powers to develop the water supply
across the State. Clearwater is a wholesale customer of Pinellas County, who in turn is a
customer of TBW. As Plnellas County marks up the cost of water supplied to Clearwater,
this proposal provides an opportunity for Clearwater to produce its own water at' significant
savings if the project can be implemented as proposed. Appreciation was expressed to
TBW and staff for their efforts during negotiations for this project.
Commissioner Hart moved to approve the agreement with ,Tampa Bay Water nBW)
concerning reimbursement of funding for preliminary engineering for advanced water
treatment facilities in cooperation with the City in the amount of $270,000 and approve
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McKim & Creed Work Order for Engineering Services providing concurrent studies and
technical oversight of the advanced water tre~tment project'in the amount of $369,000,
and that the appropriate officials be authorized to execute same. Themation was duly
seconded and carried unanimously.
The meeting recessed from 7:05 to 7:24 p.m.
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ITEM #32 - Provide direction to staff re proposal for development of Marriott Seashell
Beach Resort and parking garage
Richard Gehring, consultant, said that the Marriott International staff wants to
create a resort destination with a hotel, conference center, parking system, restaurant, and
retail component. He said Marriott has a reputation for excellence and plans to make this
development a world class project. He said the project would be a catalyst to
development. He reviewed the components of the proposal. Marriott proposes a 250-.
room hotel, a 1,000 car parking garage for private and public use, and 35,000 to 50,000
square feet of retail space. He said the parking garage would provide a shared use with no
required subsidy. He said 40% of the operating costs would be supported by the
hotel/retail component, making the parking garage feasible. Street vacations, height
issues, etc. will be worked out with staff. He said he felt this proposal would help alleviate
parking issues on Gulfview. He reviewed the design of the project and said he anticipates
construction would be completed and the resort center opened in 2003. The total project
costs are estimated at $75 million. He said this project would increase the City's tax base,
sales and tourist development taxes, and provide jobs.
William J. Kimpton, Kimpton, Burke, White & Heiden, P.A., said MarrIott is
committed to the community and has the necessary components for the project. He said
Marriott wants to be part of the City's success in renovating the beach.
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Brian Moulton, Vice President of Hotel Development for Marriott International, Inc. ,
said Marriott has the largest number of beachfront hotels and resorts in Florida. Many of '
them have been catalysts to development. He said he is looking forward to working with
.',the community and the Commission to bring'this project to fruition.
Jan Heinberg, President of Bella Vista Group, Inc., presented examples of his work.
He'said the proposed project blends in architectural elements that are aesthetically pleasing
to the beach and surrounding area. His firr:n has 14 years of experience in such projects.
He. said most of the projects done by Bella Vista Group have been in the Sarasota, Naples,
and Sanibel area. In response to a question, Mr. Heinberg said Bella Vista is working with
an investor group for capital sources. Bella Vista would be the development arm of the
'project. The Marriott would operate under a management agreement versus a franchise
agreement.
Concern was expressed that prior to implementation of the project, unanswered
questions be addressed such as the proximity to other developments; how the project
enhances or impacts other developments on the beach; if the parking garage only permitted
hotel parking how would it affect the development with parking in another location; how
this project Would impact the partnership' with the City; etc.
Mr. Gehring said the Marriott is poised to move aggressively to complete the project
by the completion date for the new Memorial Causeway Bridge. Mr. Horne said staff will
work with the Marriott team to answer the Commission's questions and public meetings
will be held to gain public input. He suggested the Commission not wait to finalize the
Beach by Design decisions before making decisions regarding other projects sucl1 as this
one. Other development opportunities involving parking garages may present themselves
along the way. The Commission has made it clear that parking garages are apriority. It
was remarked this is an exciting project and a special meeting may be necessary to discuss
all options. In response to a Question, City Attorney Pam Akin explained the public hearing
process to allow the' public an opportunity to speak to this issue, if the Commission wants
to move forward.
Staff was directed to work with the Marriott team to identify issues and concerns,
to look at other development options, and to highlight aspects in Beach by Design that are
related to other development projects. It was suggested a special work session be
scheduled prior to the December 12 Commission meeting.
Mr. Horne noted that staff will be meeting regarding the Markopoulos proposal on
Tuesday.
Three residents spoke regarding the proposal. Two of them expressed concern
regarding parking on South Beach, and trucks entering the Memorial Causeway Bridge, the
Roundabout, and the Sand Key Bridge. The other resident said the proposal was a
wonderful idea.
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,ITEM #33 . Otber PendinQ Matters - None.
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(TEM #34 . Res. #00.46 . Declaring those Non.Ad Va,lorem assessments established by
Res. ,#95~ 70 as satisfied and released; providing for copy of this resolution to ba forwarded
to Prop.arty Appraiser, Tax Collector, and Florida Dept. of Revenue (re Sand Key)
The Gity Attorney presented Resolution #00-46 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #00-46 and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
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ITEM #35 . Other City Attornev Items
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City Attorney Pam Akin said the Olympic Committee has requested the City write a
letter stating that no major events will be held City while the Olympic games are underway ,
in 2012.
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Consensus was to have a letter drafted for the Commission's signature.
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iTEM #36 - Citv Mana!7ler Verbal Reoorts - None.
(~i~ ITEM #37 - Other Commission Action
a) Filling vacancy in Seat 3
Ms. Akin said the City Charter states the Commission should fill the vacancy within
30 days. ' If the position is not filled within 60 days, the City shall hold a special election to
fill the unexpired term. She noted the City has a scheduled election in March 200'1. She
explained the process followed in 1995 to fill a vacancy.
Discussion ensued regarding whether the position needs to be filled or if it should
remain vacant until the March election. It was remarked since the Charter indicates the
Commission should make an effort to fill the position, they should proceed with the
process, It was felt that the replacement should be familiar with ongoing issues in the
City.
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Commissioner Clark nominated former Commissioner Ed Hooper.
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Upon the vote being taken, Commissioner Clark and Mayor Aungst voted "aye";
Commissioners Johnson and Hart voted "nay". Motion failed due to tie vote.
Mayor Aungst nominated Melody Figurski. Upon the vote being taken,
Commissioner Clark and Mayor Aungst voted "aye"; Commissioners Johnson and Hart
voted "nay". Motion failed due to a tie vote.
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, : It was ~emarked that former, Commissioner Hooper was the most logical choice. ' It
was suggested more time be given to obtain additional names for consideration. It was felt
tha't sufficient timo has' been given the public t,o-respond. Consensus was to discuss the
matter at the December Work Session.
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, ' Commissioner Johnson said the Fresh Produce, event he attended at the Martin
Luther King Center was a worthwhile event. He also enjoyed the Regency Oaks An n'i.Js I
Turner Award for Paramedics. '
, Mayor Aungst thanked Wynwood Landings for their invitation to a block party. ,He
'attended the reopenirig of the McMullen Tenni,s Complex and complimented the Parks and
Rec~eation Depart'ment for their efforts. He said the Folk Arts Festival went well. The
Christmas under the Oaks had' a record crowd last Sunday. He recognized the John Paul II
Polish/American Club's fifth anniversary. He noted the Festival of Trees begins next week.
He congratulated the Clearwater Tornadoes and the Countrys,ide Ladies' Cougar volleyball
teams. He thanked everyone involved with the Ross Norton,Appreciation Dinner.
ITEM #38 - Adjournment
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The meeting adjourned at 8:45 p.m.
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