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05/16/2002 (2) . ' ~ , '. ...' ,. . ' . '. ~ I . d . , . '. ' ' '. .' CITY COMMISSION . . . ~ ' . . , . . . . ., MEETING '. . .... '. ..... . ' . , ' , , . ' , . . , . . . . , ' , , ' . . , ' , . . . ' . . . , , , ," ,.,.,,:.....'... ,', '0" .'5"'/1' 6/02' ..,:., L.'.'.' .... .' , ..,. .... , .'.. .. ,.. , . c . . . . .. .'. . ' . . . I" . c . .. : ' }. . . ' , c . , . I > " >, ' . '.. .'.' , . c . .. ,> " ,.0. '.'. , " ,.. . . . '. , I ", .., ,. .. '... . " c .' " ' . . " '.~, . . I. '. ' C,' . . ." . _ . ' . , . . , ,. , . , . , ~.'. , .. F ' , .. . ,. ,...,:.'.." '."., ,...', ..' ,'." .', ,.,. . "',' :..,', '" ....", .'. ,,",' ." ' . . '. .. J ' , ." ':..'. '~c'.., I.' .' '. I ' '.' . " ,.,.,. ..,. , ' . .'. ~'~' \' ',. I " :" ;".. . c . ,....,..:' : . . ,..' C',. ' , .' .. . ' ",,'. ,.,' . .... . ,:' " '. . . ' . . . . .. .', '. .", ". . .' . , ., . . ... c " . ., . '. ../ ' . '.\, / c . . ' .' ' . ' .' .' ',' , .. ., I. .' ..., , " , .,.', I .' . . . ~ .. . . , . c. . < c. 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" ' ,. l.. . ., ., I . c >.' . c ";. ..,. .' .,.., , . . . ," .,. . ','., ..., ~ c ,. , , , . . .' ': " ~ ~ ' . ' " . . ~. , . .. . . . . 11 '. I ~ . . ' , . , . I- 'F '. I < . ,~ . j:' ',, . , ' . 1 .' ....:.:..,,:........... ........ '.. '.' . . . .'.:'. :.' > '. ,,' .:"" '. , , " c , , . . ." . .. , ~"" ' " ' .' .'. ,I .. .' , , . .' , , , ' ' . . . . ~ , , . \ ',. .' I "+" .', j , " , , ", ,,>' > .' . ," .~ ,;.. "". .,..' ,~~.}, ~,I,'.~: ......',; '". l. '" ".,. '.: ....".:~..l:.... .,.', ';.:I,I~, ... "~' .., . ......:f~. ;~( __:'...... ~.." .,. " '.f, .;. ,) ,. .jl '. .' < , . , .",:. , . . ,. . " : ',',:1 . . ',. ACTION AGENDA - COMMISSION MEETING Thursday - May 16,2002 - 6:00 P.M. ITEM #1. - Invocation - Commissioner Hibbard ITEM #2. - Pledge of Allegiance - Mayor ITEM #3, - Service Award - 1 Given ITEM #4. - Introductions and Awards a. Beautification Award - Given ITEM #5 - Presentations - Given a. Proclamations: Safe Boating Week - May 18-241 2002 - Given b. Public Works Week - May 19-25. 2002 - Given c. Chamber of Commerce Week - June 2-8,2002 - Given d. Countryside High School Softball and Tennis Teams - Teams congratulated on State Championships . e. Introduction of students traveling to Nagano - Given ITEM #6 - Approval of Minutes - Regular Meeting 05-02-02 - Approved as submitted ITEM #7 - Citizens to be heard re items not on the Aqenda Reverend Flovd Ervin said the news media taints the ability of citizens to get a fair trial in this country. Duke Tieman invited everyone to attend the boxing tournament May 171 18. and 19 at Joe DiMaggio. He expressed concern regarding cuts in the City IS Police, Fire and Parks and Recreation Departments. Michael Josephson suggested the City put a 26 foot replica of the Dove of Peace in place of the Roundabout. ' City Manager Bill Horne said the Clearwater Arts Foundation will be the clearing house for all artwork proposed for the Roundabout. . ITEM #8 - Public HearinQ & First ReadinQ to approve the Annexation. Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/Ol), and ZoninQ Atlas Amendment from County ZoninQ Rural Residential (R-R) and Aqricultural Estate (A-E) Residential Districts and City Low Medium Density Residential District (lMDR) to City Office (0) District of prooerties located at 7 Hamoton Road (consistino of Metes and Bounds 13/01 , 13/02. .13/03.13/041.13/05 & 13/04 in Section 16. Township 29 South, Range 16 East) and PASS Ord 6958-02,6961-02.6964-02 & 6967-02 to Annex these properties on first readinq and PASS Ord 6959-02. 6960-02. 6962-02. 6963-02. 6965-02. 6966-02. 6968-02. 6969-02. 6970-02 & 6971-02 to amend the Land Use Plan Map and Zoning Atlas for these properties on first reading ACTION: Approved. Ordinance passed 1st reading ITEM #9 - Public Hearing to declare as surplus for the purpose of qranting a perpetual Utility Distribution Easement to Florida Power Corporatio~ portions of Blocks 1 and 6t Pinecrest Marshall & Brandon's Subdivision, as more specifically described the conveying instrument.:, ACTION: Approved. ITEM #10 - Public Hearing to declare as surplus a portion of those certain easements encumberinq Coachman Creek Condominium and adopt Res 02..24 authorizino conveyance by Quitclaim Deed all City riQht. title. claim and interest therein encumbering that certain parcel Action Agenda 1 5-16-02 . . . specificallv described as Parcel 805.02. Sec 15150-2580, S.R.55 (U.S. 19) wideninQ project. to the Florida Department of Transportation (FOOT), subject to the reservation of City right, title, claim and interests established in that certain Subordination of Utility Interests given to FDOT~ ACTION: Approved. Resolution adopted ITEM #11 - Public HearinQ to declare as surplus to City needs a 3.233 square foot. more or less. portion of that certain forty-foot riQht-of-wav Easement of U.S. HiQhwav 19 North described in Q,R. Book 3977. Page 917. Pine\las County Records, said portion being more particularly described as Parcel 801 , Florida Department of Transportation Work ProQram Item SeQment 256888 1. Section 15150-2580, State Road 55, subordinatinQ City easement interests therein to the State of Florida, Department of Transportation, and adopt Res~02-33 for the referenced improvement proiect from south of Coachman Road to Sunset Point Road (PW) ACTION: Approved. Resolution adopted ITEM #12 - Public Hearinq & First ReadinQ Ord 6955.02 to vacate the East 90 feet of the 40 foot riQht-of-wav of State Street. subiect to a drainaqe and utility easement to be retained over the entire width of the rioht-of-way to be vacated and subiect to the applicant bearing the cost of relocation of public and private utilities (V2002-03 Clearwater Village L.C.) ACTION: Approved. Ordinance passed 1st reading ITEM #13 - Public Hearing & First ReadinQ Ord 6954~02 to vacate the West 5 feet of the 10 foot drainaoe and utility easement Iving along the East property line of Lot 36. Feather Tree Subdivision, (AKA 307 Feather Tree Drive) (V2002-02 Younger) ACTION: Approved. Ordinance passed 1st reading ITEM #14 - Public Hearing & First ReadinQ Ord 6985-02 to vacate the northerlv 2 feet of the 7 foot drainage and utilitv easement lying along the south property line of Lot 10, Block S, Northwood Estates Tract JlC", (AKA 3089 Cascade Drive) (V2002-04 Hook) ACTION: Approved. Ordinance passed 11t reading ITEM #15 - Public Hearino & First Readino Ord 6988-02 to vacate the westerly 1.2 feet of the 1 a foot drainaoe and utility easement IvinQ along the east property line of Lot 4. Block C. Northwood Estates Tract "FII.l-(AKA 2567 Sweetgum Way West) (V2002-05 Ryder) ACTION: Approved. Ordinance passed 1st reading , CITY MANAGER REPORTS CONSENT AGENDA (Items #16-28)-Approved as submitt~d ITEM #16, - Approval of Purchases per Purchasing Memorandum: 1. Service contract to Ross Systems Inc. for Software license and maintenance during the contract period: 06-30-02 thru 06-29-03 (IT) Purchase 2002 Sterling L T 9500 truck tractor (GS) Service Contract to Davis Water and Waste Ind. for Odophos odor and corrosion control during the contract period: 06-01-02 thru 05-31-03 (PU/WPC) Purchase contract to Rotonics Manufacturing for Refuse containers and spare parts during the contract period: 05-20-02 thru 12-31-03 (90 Gallon black barrels) (SW) 2. 3. 4. Action Agenda 5-16-02 2 ,'\ 4:." ,.., .,'... '., I.~."'.'~' . .'1,.'..':1..~ " ," j<'/~'."", .... ..... ,.i,' r,.: .',~:.,';~. .,,~: .'.:'~'\~ '.'... J<~~." ,"t,/ ~4,lJ "~.rl:~:.:;': J. ":.. . . . Purchase contract to Polydyne Inc. for Polymer during the contract period: 05- 20-02 thru 05-31-05 (PUIWPC) Work order to King Engineering Associates for Pump station refurbishment design services (PW) Work order to Parsons Engineering for Pump station refurbishment design services (PW) ITEM #17 - Approve the purchase of a 1.5 Ton. 15,000 GVW Installation Truck in the 'estimated amount of $41,000 in support of increased Clearwater Gas System Installation reauirements, 5, 6. 7. ITEM #18 - Award a contract to Xerox Corporation. Tampa. FL, in the amount of $640.000 from June 1.2002 to December 30.2007. for digital copiers in' accordance with Section 2.564(1 )(d), Code of Ordinances - Putnam County Contract Number 0713981-03. ITEM #19 - Accept orant and approve the correspondinq aoreement from the Juvenile Welfare Board totaling $50,600 for 100% fundino of three summer camp programs. ITEM #20 - Award a contract to lease copier and print equipment for graphics services to IKON , Office Solutions. Inc. for an amount of $450,000. in accordance with the terms of Ordinance 2.564(1 )(d), under the School Board of Miami-Dade County Contract #046-AA 11, for the lease period of 1 0-01-2002 to 10-01-2007 ITEM #21 - Award a contract to Florida Handlina Systems Inc in Bartow. FL for the purchase of one overhead bridae crane at a cost of $31 ,950 which was the lowest quote received in accordance with the specifications and authorize financing under the City's Master Lease/Purchase Financing Agreement. . ITEM #22 - Approve the McKim and Creed work order in the amount of $351,000 for engineerinq desion services in expandina the City of Clearwater Reclaimed Water System to serve the residents of the Harbor Oaks area (01-0054-UT) ITEM #23 - Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides fundina of proiect costs up to $1.297.630 for the expansion of reclaimed water facilities to serve the Harbor Oaks residential area of the City. ITEM #24 - Approve payment of additional $15,000 to Religious Community Services (RCS} to reimburse a portion of expenses incurred by ReS in movina its facilities to 700 Druid Road' following City purchase of property formerly leased by RCS at 210 Ewing Avenue. ITEM #25 - Approve the establishment of a separate non-interest bearing bank account at the ,Bank of America in the amount of $54.398 for the security deposits received from the Frien.Q!y ViUaae of Kapok. 'ITEM #26 - Authorize an increase of $120.000 to the monetary limit on the contract with the firm of Rogers Towers Ballev Jones & Gay. P.A. for outside counsel services related to representation in Granite State Outdoor Advertlsina v. City of Clearwater. includinQ any interlocutory appeal proceedings. ITEM #27 - Authorize an increase of $40,000 to the monetary limit on the contract with the firm of Roaers Towers Ballev Jonas, & Gay. P.A. for outside counsel services related to representation in National Advertisinn Co. v. City of Clearwater. Case NO.OON3844-C1-11. Action Agenda 5-16-02 3 . . . and Lamar Advertising Co. v. City of Clearwater, Case No.OO-1939-C1, including any interlocutory appeal proceedings. . ITEM #28 - Approve Philadelphia Phll1ies travel for Mayor Aungst and Commissioners Gray. Hibbard and Hamilton. OTHER ITEMS ON CITY MANAGER REPORT ITEM #29 - First readinQ Ord 6993-02 to approve amendment to Chapter 22. Section 22.59 of the. Code of Ordinances adding two areas on city property that alcoholic beveraqes may be possessed. ' ACTION: Denied. ITEM #30 - First Readino Ord 6986-02. revisino Appendix A, Schedule of Fees, Rates. and Charoes, V. Buildinqs and Building' Requlations (47.087), Code of Ordinances. to add a maximum total demolition fee of $1,000, ACTION: Approved. Ordinance passed on 1 at reading ITEM #31 - First ReadinQ Ord 6987-02. relatino to Chapter 51. Flood Damaoe Prevention. amendino Section 51.03 Definitions. by redefining Substantial Improvement. to be applicable~ for a one-year period, to any property located in an area of special flood hazard in the city. ACTION: . Approved. Ordinance passe~ on 1st reading , ITEM #32 - First Readino Ord 6992-02 establishinq Low-volume Irrigation Devices. defined as micro-irrioation,' bubblers. soaker hoses. or drip tubino. as not restricted to specific days or times of operation, and that the appropriate officials be authorized to execute same. ACTION: ' Approved. Ordinance passed on 1st reading ITEM #33 - Approve an Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies which will modify and amend the Agreement for Development. Sports Facilitv Use Agreement and Baseball Trainino Facilitv Lease Agreement to reflect the .chanoe in primary location for the complex and timeline for proiect events. CPR) ACTION: Approved. ITEM #34 - Airport Authority - 1 appointment ACTION: Appointed J. B. Johnson. ITEM #35 - Other Pending Matters - None. 'CITY ATTORNEY REPORTS Resolutions ITEM #36 .: Adopt Resolution No. 02-34 ratifyino Amendments to the Interlocal AQreement that created the Tampa Bav Regional Planning Council providing an effective date. ACTION: ,Approved. Resolution Adopted . ITEM #37 - Other City Attorney Items -:- None. ITEM #38 - City Manaaer Verbal Reports - None. Action Agenda 4 5-16-02 . .. . I 'I .' I, . ~ ' . . I.' . . , .. . . , , . .' '" .. ' r . , . . I , ' , '..' :. .' i ' .' . ' . ITEM #39 - Other Commission Action Gray observed Pinellas Assembly and it was interesting. Mr. Horne and Mr. Stone served City well. Good dialog at meeting. Jonson said SWFWMD wants cities to put in more reclaimed water. Clearwater just approved a consent item to do so. He fixed his sprinkler system this past weekend and encouraged everyone to do the same. He congratulated Dunedin for being named the Best Place to Live in Tampa Bay. He said itls a great time to live in Clearwater and go to the beach because it is less c~owded. He congratulated the Palm Pavillion for being recognized in USest of Tampa Bay", He said good-bye to Christina Headrick of the S1. Petersburg Times, who is moving to North Carolina. Hamilton stated he participated today in the Pinellas Assembly. He believes the outcome will be very interesting and beneficial. He congratulated Dr. Paolfio for receiving the Beautification. Award. He wished Happy Birthday to his son, Andrew. Aungst wished Commissioner Hibbard Happy Birthday. His birthday was yesterday. He said he is wearing the CountrysIde High School Softball Team t-shirt because'his son asked him to. He thanked staff for the parade. He congratulated Countryside High School Softball and Tennis teams for winning their state championships. He reminded everyone of the Tour of Turtles at . the Harborview Center on display 9 am - 6 pm daily until May 26. The auction is May 18:. ' He said the Florida Convention 'of Ex-Prisoners of War takes place at the Hilton on May 29. He said there is a Town Hall meeting at S1. Paul's at 7:00 p.m. on May 29. He congratulated the City Manager for receiving the Outstanding Public Administrator award fr~m the American . ' Society for Public Administration. . ITEM #40 - Adiournment - 8:14 p.m. . Action Agenda 5 5-16-02' .....,. .:,~;,",. ..' ',~..~ ~ '.',"',~."'~'..' I.~. :.,.~ .. ., ,.~ l ~"i, II.'.' ,', .,. '...'I',.~ ~, .,. . ;',' . ~ ...., I.' ,.' 0, ~,I. :.,.,~, .'~ .'...-1.... i', . ~ .".. ,', ,......,.. .'~' "'. ... .4., '.1 '; ,...,1 . "', .; ,..,.:.i.....~ ...~,' '1" ,.'~. FORM88 MEMO COUNTY MUNICIPAL. Lane Pint!11ns cow-."TY RANDUM OF VOTING CONFLI,CT FOR AND OTHER LOCAL PUBLIC OFFICERS NAME OF HOARD. COUNCil.. COMMISSION, AUTHORITY, OR COM.\HTrEE Clearwater Citv Commissi.on THE BOARD, COUNCIL. COMMISSION, AUTHOIUTY OR COMMITTEE ON WInCH J SERVE IS A m.1T OF: r/ CITY 0 COUNTY NAME OF rounCAL SUBDIVlSI0N: Citv of C1 earwatc)- MY POSITION IS: .J 'I/J ELECTIVE o ornER LOCAl~ ACENcY LAST NAME-FIRST NAMF_MIDDLE NAME C1ear..:atL"'r DATE ON WHICH VOTE OCCURRED :-1ay 16, 2002 a APPOL""11VE WHO MUST FILE FORM 88 This form is f(lT use by any person serving nt the county, city. or other local level of government on an appointed or elected board. council, commission, authority. or committee. It applies equally to members of advisory and non.nd\;sory bodies who arc presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced \A/ith voting on a mensure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay clo5e attention to the instructions on this fonn before completing the reverse side and filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county. municipal. or other local public office MUST ABSTAIN from voting on a measure _.eh inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained "...eluding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of n relntive; or to the sp"=!cinl private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers ofindependent special tax districts elected on n one.acre, one-vote basis are not pro- hibited from voting in that capacity. For purpoS(\'s of this law, a "relative" includes only the officers father. mothe,r. son. daughter, husband, wife. brother. sister. father. in-law. mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation are not lisu.-d on any national or regional stock exchange). . , .. ... .. .. ... ... ... .. . . . ... . . .. ELECTED OFFICERS: In nddition to abstaining from voting in the situations described ahov!:!, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the nssembly the nature of your interest in the measure on which you arc abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing nnd filing this form with the person responsible for recording the minutes of the mC1eting. who should incorporate the form in the minutes. " ... ... .. .. .. ~ . .. .. ... ... . ... .. ... APPOINTED OFFICERS: You must abstain from voting und disclose the connict in the situations described above nnd in the manner described for elected om-_ cers. In order to participate in these matters, you must disclose the nature of the conflict before making nny attempt to influence thc" decision, whether orally or in writing nnd whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATI'EMPr VOTE WILL BE TAKEN: ' .ou mU~lt complete and file this form (before mokjng any attempt to influence the decision) with the person recording the minutes of the meeting, who will incorporate the form in the minutes. TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE . . - -,- .~ . ;'1' oj",' ( . to." ~ r('sponsibla' for I · A copy of the fonn must be provided immedintdy to the other members of the ogene)', · rIlle form must L(. renn puhlicly I1t the, n('),t m('(.ting OnN th!' f(lnn is filt-d. CE FORM S8 ' RE'/ 1195 ,.- PAGE 1 ". ' . . . ;-..'" '~. ',' -'. .,'. 1#-." ..'. '..'.. ~: ~ .',.~., '. .'~. ,,'.' "" ..i, .. ' .' ,,' ~', 1 .~.t.. '; ,."..1., .,' +~. .~,I. '" .,.! + .,,'f t', ,:. '. I ,',',', '" :, ' . '+l.~ ' " . ~ . .. .. - ; ;'JF YOU MA;KE ~o ATI'EMPT TO INFLUENCE TIlE DEClS~ON EXCEPT BY DISCUSS~ON AT'mE MEETING: .. ,.you 'must disclose orally the nnture of your conflict in the meOBUre befo~ participating. ..... You must complete the fonn and file it within 15 days after the vote occurs with tho peroon responsible for recording the . . minutes of the meeting, who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other mcmbeTB.ofthe agency, and the fonn must be read publicly at the next meeting af\.er the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Hoyt H:1milt"nn --I hereby disclose that on Nay 16 ~~R 200:?: ; . (n) A measure came or will come before my agency which (check one) , ' inured to my special private gain or loss; inured to the special gain or loss of my business as~iate, -X_ inured to the special gain Ol~ loss ormy relative, )-A7Hc.,e (;:/trr')/ L Y ) inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary ora principal which has retained me. h(b) The measure before my agency and the nature of my conflicting interest in the measure is 8S fonows: , by '. , which .' -' ; ! Item #2~ - First Reading Ordinance 6993-02 to approve amendment to, Chapter 22" Section 22.59 of the Code of, Ordinances adding two areas on city'property that al~oholi~ beverages may be possessed. e:, . . " " t. . 1 i , , " f \ - f ) , . .~ 1 I t , I 5/clH I 0 J. ~:Date Filed , ; .1~f1.;1~J{ 'f; IN!!", n~: UNDER PRO~IONS Olf FLORIDA STATUTES ~112.317t A Ej~LURE TO ~fAKE Am;: REQ~~lE~nrsc~ IS E'CONSTJTUTEs~tlROUNDS FOR AND 1:ttAY BE PUN~SHED BY ONE'OR 1IORE OF 1'HEIFOi.l!,O~ ,I .. RCHMENT, RE:M'6v AL OR SUSPENSION FROM O}'FICE 'OR, EltlPLOYM"ENT, DEMdt10Ni'REDUC'TION IN N . SALAR:Y.;REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. ' , .' I ~ . , I I ~ . . \ .CE FOAM 88. REV, 1195 PAa~~ : ". 4 '.C;:i. o:~; ....~/ ~~... t;r~::~!,' : ....:;.,...;:~, ~"..:. ~; 1,..,I~I,,,,.:t'.". ..~\. ;,~.,. .',.. ,~. :..'..,.I~~"j~:.'t~l'I""~ ~;" ..:~.,.. " :.:.' ,...,-;1,.....: . . ,', . .' .:., ." ',' ' . 'j .., . . .. ',' .' '... I"" , . , . I ~ \' . . . . . :, ' . . ".' . I .' , . I , .. . t . . CITY COMMISSION MEETING CITY OF CLEARWATER May 16. 2002 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner , Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager Cjty Attorney , City Clerk Board Rep~rter The Mayor called the meeting to order at 6:00' p.m., at C;;ity Hall. Commissioner Hibbard offered the invocation. 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 Award , One ser~ice award was presented to a City employee. ITEM #4 - Introductions and Awards a) Beautification Award " Sally Foote, Chair of the Beautification Committee, said Dr. Louis Paolilo of 1010 Jeffords Street was awarded the City's Beautification Award for construction and landscaping. ITEM #5 - Presentations a} Safe Boating Week - May 18' - 24, 2002 'b) Pubic Works Week - May 19 - 25, 2002 c) Chamber of Commerce Week - June 2 - 8, 2002 d) Countryside High School Sof~ball and Tennis Teams , The CountrYside High School Girl's Softball and Tennis Tea,!,~ were recognized for winning the State Championships. e} Introduction of students traveling to Nagano , The students chosen to participate in the student exchange with Clearwater's Sister City, Nagano, Japan, were introduced. . mcc05b02 1 05/16/02 . .' . j . .,." . " . . '. , . \ L. I ',' , . .... Jl ',..', . " . '.. . . . [ ."., j '. " . ITEM #6 - Approval of Minutes - Regular Meeting of 5-02-02 Commissioner Jonson moved to approve the minutes of the regular meeting of May 2; 2002. 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 Agenda , Reverend Floyd Ervin said the news media taints the ability of citizens to get a fair trial in this country. Duke Tieman invited everyone to attend the boxing tournament May 17; 18, and 19 at Joe DiMaggio. He expressed concern regarding cuts in the City's Police, Fire and Parks' and Recreation Departments. Michael Josephson suggested the City put a 26-foot replica of the Dove of Peace in place of the Roundabout' fountain. ,City Manager Bill Horne said the Clearwater Arts Foundation would be the clearinghouse for all artwork proposed for the Roundabout. PUBLIC HEARINGS . ITEM #8 - Public Hearing & First Reading to approve the Annexation; land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/aL). and Zoning Atlas Amendment from County Zoning Rural Residential CR-R) and Agricultural Estate (A-E} Residential Districts and City Low Medium Density Residential District (LMDR) to City Office (0) District of properties located at 7 Hampton Road (consisting of Metes and Bounds 13/01, 13/02, 13/03, 13/041; 13/05 & 13/04 in Section 16. Township 29 South, Range 16 East) and PASS Ordinances 6958-02. 6961-02. 6964-02 & 6967-02 to Annex these properties on first reading and PASS Ord 6959.02; 6960-02, 6962-02. 6963-02.' 6965-02, 6966-02, 6968-02. 6969-02. 6970-02 & 6971-02 to amend the Land Use Plan Map and Zoning Atlas for these properties on first reading This development site is comprised of six parcels of land owned by five different property owners. It is located on the east side of Hampton Road north of Gulf to Bay Boulevard and is 4.22 acres in area. This annexa~ion; land use plan amendment and rezoning is requested by the contract purchaser Brandon Realty Ventures who intends to construct two office buildings on this site. , Five of the six parcels (Metes and Bounds 13/02, 13/03, 13/04, 13/041 and ,13/05) are located in Pinellas County and the applicant is requesting the City annex them in order 'to receive water and sanitary sewer service. The applicant is aware of the costs , associated with extending and con~ecting water and sanitary sewer lines to this site. ' . mcc05b02 2 05/16/02 :., ~~~'''' .,.~.~..~:.,I'. ~}): ~ .......... .' '. .....'.' ':!. .........1.'.."..+ '-..':: ',~:. ~~-~ ~:..\.I..."':..:. ',I~:l~,". m . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. .. The proposed annexation is contiguous' to existing municipal boundaries, represents a log'rcal extension of the boundaries and does not create an enclave. . The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The PPC (Pinellas Planning Council) and Pinellas County have reviewed the annexation of the subject' properties pursuant to the Pinellas County charter amendme,nt approved by referendum on November 7, 2000 and no objections were raised. The five parcels currently located in the County plus one parcel (Metes and Bounds 13/01) already located in the City are part of the land use plan amendment and rezoning request. The applicant is requesting to amend the Future Land Use Plan Map designation of all six parcels from Residential Urban (RU) to Residential/Office Limited (R/OL). . Additionally, a zoning atlas amendment is requested to rezone the parcels currently located in the County from Rural Residential (R.R) and Agricultural Estate (A-E) to the City's Office (O) District and to rezone the one parcel located in the City from Low Medium Density Residential (LMDR) to the Office (0) District. The Planning Department determined that.the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land 'use plan amendment and rezoning, application are consistent with the Comprehensive Plan. . The potential range of uses and the specific proposed use are compatible with the surrounding area. ' . Sufficient public facilities are available to serve the property. '. The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the PPC (Pinellas Planning Council) and the Board of ~ounty 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. , I ' The CDB (Community Devetop'ment' Board) reviewed these applications at their public hearing on April 16. 2002, and unanimously recommended approval of all three applications. '. mcc05b02 3 05/16/02 . . . Neal Kiefer, representing the applicant. was present to answer questions and seek the C~mmission's support. He plans to lease some of the buildings to tenants. ' Commissioner Gray moved to app'rove the Annexation, Land Use Plan Amendment from Residential Urban (RU) to, Residential/Office Limited (R/Ol), and Zoning Atlas Amendment from County Zoning Rural Residential (R-R) and Agricultural Estate (A-E) Residential, Districts and City Low Medium Density Residential District (LMDR) to City Office (0) District of properties located at 7 Hampton Road (consisting of Metes and Bounds 13/01. 13/02, 13/03, 13/041, 13/05 & 13/04 Section 16, Township 29 South, 'Range 16 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6958~02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance 116958-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes,": Gray, Hamilton,' Jonson, Hibbard, and Aungst. "Nays": None. , , The City Attorney presented Ordinance #6959.02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordin~nce #6959~02 on first reading. The t!'otion was duly seconded and upon roll caU. the vote was: ' "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #6960-02 for first reading and, read it, by title only. Commissioner Gray moved to pass Ordinance #6960-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #696 ~ .02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #~961.02 on first, reading. The mO,tion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "N'ays": None. mcc05b02 05/16/02 4 ~ . ,-. - -. _ - ~. . '.' " ", : . '. ,,' l'.:" .' """ . " ..., . The City Attorney presented Ordinance #6962.02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6962-02 on first reading. The motion w,as duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Att'orney presented Ordinance #6963-02 for first reading and read it by title ~nly. Commissioner Jonson moved to pass Ordinance #6963.02 on first reading. The' motion was duly seconded and upon roll call, the vo'te was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #6964-02 for first reading and read it by title only. 'Commissioner Gray moved to pass Ordinance #6964.02 on first reading. . The motion was duly'seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. . "Nays": None. , The City Attorney presented Ordinance #6965-02 for first feading and read it by 'title only. Commissioner Hibbard moved to pass Ordi,!ance #6965.02 on first reading. The motion was ~uly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson. Hibbard, and Aungst. "Nays": None. The City Atto'rney presented Ordinance #6966.02 for first feading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6966-02 on first reading. , The motion was duly seconded and upon roll call, the vote was: IIAyes": G'ray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The Mayor presented .ordinance #6967~92 for first reading and read it by title only. Commissioner Jonson' moved to paoss Ordinance #6967-02 on first reading. Thoe motion was duly seconded arid upon roll call, the vote was: " . mcc05b02 5 05/16/02 "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. . ';Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The,Mayor presented Ordinance #'6968~02 for first ~eading and 'read it by title only. Commissioner Gray moved to pass Ordinance #6968~02' on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamiltonf' Jonsonf Hibbard, and Aungst. "Nays": None. , ' The Mayor presented Ordinance #6969~02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6969-02 on first reading. The motion was duly seconded ~nd upon roll caB, the vote was: "Ayes": Gray, Hamilton, Jonson; Hibbard, and Aungst. "Nays Ii: None. . The Mayor presented Ordinance #6970~02 for first reading and read it by title only. Commissioner Hamilton 'moved to pass Ordinance #6970-02 on first reading. The motion was duly seconded and upon roll call, the vote '~as: ~'Nays": None. The Mayor presented Ordinance #6971-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6971 ~02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Aye's": Gray, Hamilton, Jonson; Hibbard, and Aungst. "Nays": None. ITEM #9 - Public Hearing to declare as surplus for the purpose of Qranting a perpetual, Utility Distribution Easement to Florida Power Corporation portions of Blocks 1 and,6, Pinecrest Marshall & Brandonfs Subdivision, as more specifically described the conveying instrument. , , ' The City commenced construction 'o.f its state-of-the-art North Greenwood Recreation/Aquatics Complex ("Complex") on' November 5, 2001. The new complex is scheduled for completion in November of 2002. . mcc05b02 6 , 05/16/02 "." ' " ","', '.., '"' .' " ,", "' ' , . ,', ' '" " " , .. ' , '.,' " " , , " '(." '.' : " , . Florida Power will b~ providing electric energy, service and communications systems for the complex. In addition to providing power service and distribution, Florida Power will install and maintain site lighting throughout t~e complex. , " The subject instrument will provide Florida Power a ten-foot wide perpetual easement lying five feet euch side of the centerlines of all of its facilities as designed and installed by mutual agreement with the City. Should the City determine the future relocation of the Florida Power utilities is necessary for additional orderly development of the property, the City will be required to bear the cost of such relocation. Commissioner Gray moved to approve declaring as surplus for the purpose of granting a perpetual utility Distribution' Easement to Florida Power Corporation portions of blocks 1 and 6, PINECREST MARSHALL & BRANDON'S SUBIDIVISION, as more specifically described in the conveying instrument, and that the appropriate officials be ,authorized to execute same.' The motion' was duly seconded and carried unanimously. . ITEM # 10 - Public Hearin9 to declare as surplus a portion of those certain easements encumberin9 Coachman Creek Condominium and adopt Resolution #02-24 authorizing conveyance by Quitclaim Deed all City right, title, claim and interest therein encumbering that certain parcel specifically described as Parcel 805.02, See 15150-2580, S.R. 55 (U.S. 19) widening project, to the FDOT (Florida Department of Transportation), subject to the reservation of City right, title, claim and interests established in that certain Subordination of Utility 'Interests given to FOOT. FOOT is preparing plans to construct and, widen U. S. Highway 19, a/k/a State Road 55, from south of Coachman Road to north of Sunset Point Road. The City owns a 40-foot right-of-way easement along the westerly boundary line of Coachman Creek Condominium just south of Sunset Point Road, adjacent to the present easterly right-of-way line of US 19, along with a 30-foot right-of-way easement lying 10 , feet north of the south boundary of the condominium. FDOT has requested the City quitclaim its interests in a portion of the referenced , easements to facilitate project construction and future maintenance. The area to be conveyed contains 14,588 square feet, more or less, and is identified in the deed to FOOT as Parc'el 805.02, Section 15150-2580, S. R. 55. ' . mcc05b02 7 05/16/02 "...l ~ ',..:..".... ..'~j" .'~"". ,! j...~~.L ,.., '...' .' ',','" }....:.,""":.\.\.~<.:~.jfl. ,;<. ..~(.,: .',.'"" ;.:~..~ ':'. r..... '. l t ' ,'.. " .4 .' . . . ~ ,/ " I '/. . . '1~' '. I" , . ~ , .", . ." . . ,} " 1 ' . . ," ; I . '. " ' ~," ." .': .: . The City retains certain rights to operate, maintain and reconstruct existing sanitary and water facilities within the lands to be conveyed by virtue of its Subordination of Utility Interests given to the FDOT on February 22, 2001 as authorized by Resolution #01-04 adopted February 1, 2001. No other City facilities are impacted by the proposed conveyance.' Declaring the City's easement interests lying within Parcel 805.02 as surplus and quitclaiming those interests to the FDOT complies with Section 2.01 (d}(5){viii) of the City Charter that authorizes the transfer of surplus property to another governmental entity for less than appraised value after an advertised public hearing has been held and a finding by the Commission of a valid public purpose for the transfer. Commissioner Hibbard moved to declare as surplus ,a portion of those certain easements encumbering Coachman Creek Condominiums for the purpose of conveying to the Florida Department of Transportation. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 1102-24 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-24 and authorize the appropriate officials to execute same~ The motion was duly seconded and upon roll call, the vote was: . , "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None; ITEM #11 - Public Hearing to declare as surplus to City needs a 3,233 square foot, more or less, portion of that certain forty-foot right-of-way Easement of U.S. Highway 19 North described in O. R. Book 3977, Page 917, Pinellas County Records, said portion being more particularly described as Parcel 801, Florida Department of Transportation Work Program Item Segment 256888 1, Section 15150-2580, State Road 55, subordinating City easement interests therein to the State of Florida, Department of Transportation, and adopt Resolution #02-33 for the referenced improvement project from south of Coachman Road to Sunset Point Road. (PW) , , On November 17, 1972, Imperial Motels Corporation conveyed a 40-foot right-of- way easement, and other interests, to the City that have since encumbered property located at the so~thwest corner of the intersection of U. S. Highway 19 and Northeast Coachman Road. The FOOT is finalizing plans to reconstruct and widen US 19, a/k/a State Road 55, from south of Coachman Road to Sunset Point Road. . mcc05b02 8 05/16/02 L,.,~~""'.~~~~""'.. ....':1.. .: "Jo.+.:..:~, ~'''''.(''...I''e.'','}:~'J:.';'''';..'''..;;\''~'':;..~' '.I....L.:.~..-'...!:::'I/L' I" :":,'.-.:. ! '.:~-.'.4,,\. " \- . . . Existing JPA agreements between FDOT and the City address costs and requirements to relocate City gas and water lines that traverse a corner of the triangular Parcel 801 . In Pinellas County Circuit Court, FDOT has filed an action in eminent domain titled Case No. 02-0022773 to condemn Parcel 801 along with City interests lying therein. , Prior to the hearing for an Order of Taking scheduled for May 30; 2002, FDOT is applying to the City to subordinate City rights, title and interests in Parcel 801 to FDOT to facilitate the U. S. Highway 19 project. In consideration of the City subordinating its interests in the parcel, FDOT will relocate City utilities lying therein, at its expense. While the City would continue to have any rights available to it pursuant to the 1972 easement grant, the use of the property would henceforth be subject to' FOOT , control. The declaration of City rights in the subject Forty-Foot Right-of-Way Easement as surplus to City needs, and the subordination of those rights to the FDOT upon adoption of Resolution 02-33, complies with provisions of Section 2.01 (d){5){iii) of the City Charter regarding trans'actions with governmental entities. , Commissioner Jonson moved to declare surplus to City needs a 3;233 square foot" more or less, portion of that certain Forty-Foot Right-of-Way Easement for US 19 described in O.R. Book 3977, Page 917, Pinellas County Public Records, said portion being more particularly described as Parcel 801, Florida Department of Transportation Work Program Item Segment 256888 1 i Section 15150-2580, State Road 55, subordinating City easement interests therein to the State of Florida, Department of Transportation. The motion was duly seconded and carried unanimously. . The City Attorney presented Resolution #02-33 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-33 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonso~, Hibbard, and Aungst. ~/Nays Ii: None. mcc05b02 9 05/16/02 , , , " .' .... ',' :' i,.' '.. '. .,' . '. :l. ,. '. . ;,", I.' . ',' '<" . ' . '.' " 1 ,!. I., . ITEM # 12 . Public HearinQ & First Reading Ordinance 6955-02 to vacate the East 90 feet of the 40 foot right-of-way of State Street, subject to a drainage and utility easement to be retained over the entire width of the right.of-way to be vacated and subject to the applicant bearing the cost of relocation of public and private utilities (V2002-03 Clearwater Village L.C.} , The applicant is requesting the vacation in ord~r to create a landscaped entryway area for a new development to be known as "Clearwater Village". Florida Power has no facilities in the subject right-of-way portion and has no objections to the vacation request. Verizon Media Ventures,Verizon and Time Warner Cable have no objections if an easement is retained and the applicant agrees to pay all costs related to relocation of utility facilities. The City of Clearwater has no utility facilities in the right-of-way portion to be vacated. Pubic Works Administration has no objections to the vacation request. . Commissioner Hibbard moved 'to approve the applicant's request to vacate the East. 90 feet of the 40 foot right-of-way of State Street, subject to a drainage and utility easement to be retained over the entire width of the right-of-way to be vacated and subject to the applicant bearing the cost of relocation of public and 'private utilities; The motion was duly seconded and carried unanimously. , ' The City Attorney presented Ordinance 6955-02 for first reading and read it, by title C?nly. Commissioner Hamilton moved to pass Ordinance 6955-02 on first reading. The motion was duly seconded and upon roll call, the 'vote was: "Ayes": Hamilton, Jonson, Hibbard, and Aungst. ,"Nays":, None. Absent: Gray. ITEM #13 - Public Hearin~ & First Reading Ordinance .#6954-02 to' vacate the West 5 feet of the 10 foot drainage and utility easement lying alon~ the East property line of Lot 36, Feather'Tree Subdivision, (AKA 307 Feather Tree Drive) as recorded in Plat book 101, Pa~es 74 and 75 of the Official Records of Pinellas County The applicant is requesting the vacation in order to construct an in-ground. swimming pool and deck in the area to be vacated. Florida Power Corp., Time Warner Commu~ications, Verizol1. Media Ventures and Verizon have no objections to the :vacation requested. . mcc05b02 10 05/16/02 . . . The City of Clearwater has no utilities in the subject easement. Pubic Works Administration has no objections to the vacation request. Commissioner Jonson moved to approve the applicant's request to vacate the 'West 5 feet of the 10 foot drainage and utility easement lying along the East property line of Lot 36, Feather Tree Subdivision, (AKA 307 Feather Tree Drive), as recorded in Plat book 101, Pages 74 and 75 of thl9 Official Records of Pinellas County. The m'otion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6954-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6954 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #1 4 ~ Public Hearing & First Readin~ Ordinance #6985-02 to vacate'the northerly 2 feet of the 7 foot draina~e and utility easement Iyin~ alon~ the south property line of Lot, 10, Block B, Northwood Estates Tract "C", (AKA 3089 Cascade Drive) (V2002-04 Hook) , . On January 24, 2002, the applicant received final approval from the City Commission to vacate the Northerly 3 feet of the subject drainage and utility easement. The applicant is now seeking the vacation of the northerly 2 feet of the remaining 7-foot easement in order to build an in-ground swimming pool deck and enclosure 5 feet from the south property line. Florida Power Corp., Time Warner Communications, Verizon Media Ventures and Verizon, have no objections to the vacation requested. No City utilities are present in the easement portion to be vacated. A 4-inch :City water line is located approximately 2 feet from the south side of the easement; sufficient easement area will remain to maintain the water line should the vacation request be approved. mcc05b02 11 05/16/02 , '( , . ' ' . ,'", , ' .,,' ,'.',," 'I "Nays": None. . Pubic Works, Administration has no objections to the vacation request. Commissioner Hibbard moved to approve the applicant's request to vacate the northerly 2 feet of the 7 foot drainage and utility easement lying along the south property line of Lot 10, Block 8, Northwood Estates Tract" C.., (AKA 3089 Cascade Drivel. as recorded in Plat Book 75, Pages 65 and 66, of the Official Records 01 Pinellas Count.y, Florida. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6985-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6985-02 on first reading. The ~otion was duly seconded and upon roll call, the vote was: "Ayes": ' Gray, Hamilton, Jonson, Hibbard, and Aungst. ITEM #15 - Public Hearing & First Readin~ Ordinance #6988-02 to vacate the westerlv 1.2 feet of the 10 foot drainage and utility easement lying along the east property line of Lot 4, Block C, Northwood Estates Tract tlF", (AKA 2567 Sweet~um Way West) (V2002-05 Ryder) . . The applicant is seeking vacation of 1.2 fe'et of the 10-foot drainage and utility easement in order to address an existing encroachme':lt of a swimming pool deck. The applicant is also proposing to construct a pool enclosure on' top of the existing pool deck in the easement portion to be vacated. Applicant is seeking flex standard approva' to permit the enclosure closer than the required 10 feet setback from the rear property line as required by the Community Development Code. Florida Power Corporation, Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested. No City utllj~ies are present in the easement portion. Pubic Works Administration has no objections to the vacation request. Commissioner Jonson moved to approve the applicant's request to vacate the westerly 1.2 feet of the 10 foot drainage and utility easement lying along the east property line of Lot 4, Block C, Northwood Estates Tract t1F", (AKA 2567 Sweetgum Way West), as, . mcc05b02 12 05/16/02 . recorded in Plat Book 77, Pages 46 and 47, of the Official Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6988-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6988-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #16-28) - Approved as submitted. ITEM #16 - Approval of Purchases per Purchasing Memorandum: 1 . . 2. 3. 4. 5. 6. 7. Service contract to Ross Systems Inc. for Software license and maintenance during the contract period: 06-30-02 through 06-29-03 (IT) Purchase 2002 Sterling L T 9500 truck tractor (GS) Service Contract tC?' Davis Water and Waste Ind. for Odophos odor and corrosion control during, the contract period: 06-0 '-02 through 05-31-03 (PU/wPC) Purchase contract to Rotonics Manufacturing for Refuse containers and spare parts during the contract period: 05-20-02 through 12:'31-03 (90 Gallon black barrels) (SW) Purchase contract to Polydyne Inc. for Polymer during the contract period:, 05-20-02 through 05-31-05 (PUIW~C) , ,Work order to Ki~g Engineering Associates for Pump station refurbishment design services (P\V) Work order to Parsons Engineering for Pump station refurbishment design services' (PW) 'ITEM #17 - Approve the purchase of a 1;5 Ton, 15,000 GVW Installation Truck in the estimated amount of $41 ,000 in support of increased Clearwater Gas System Installation requirements. ITEM #18 - Award a contract to Xerox Corporation, Tampa, FL, in the amount of . $640,000 from June 1, 2002 to December 30, 2007, for digital copiers in accordance with Section 2.564(1 )(d) Code of Ordinances - Putnam County 'Contract Number 0713981-03. . mcc05b02 13 05/16/02 ' . . . ITEM /I 19 - Accept grant and approve the corresponding agreement from the Juvenile Welfare Board totaling $50,600 for 100% funding of three summer camp programs. ITEM 1120 * Award a contract to lease copier and print equipment for graphics services to IKON Office Solutions, Inc. for an amount of $450,000, in accordance with the terms of Ordinance 2. 564( 1 )(d), under the School Board of Miami-Dade County Contract #046- AA 11 , for the lease period of 10-01-2002 to 10-0 1 ~2007 ITEM #21 - Award a contract to Florida Handling Systems Inc in Bartow, FL for the purchase of one overhead bridge crane at a cost of $31 ,950 which was the lowest quote received in accordance with the specifications and authorize financing under the Cityts Master Lease/Purchase Financing Agreement. ITEM #22 - Approve the McKim and Creed work order in the amount of $351 ,000 for engineering design services in expanding the City of Clearwater Reclaimed Water System to serve the residents of the Harbor Oaks area (01-0054-UT) ITEM #23 - Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides funding of project costs up to $1 ,297 ,630 for the expansion of reclaimed water facilities to serve the Harbor Oaks residential area of the City. ITEM #24 - Approve payment of additional $15,000 to Religious Community Services (ReS) to reimburse a portion of expenses incurred by ReS in moving its facilities to 700 Druid Road following City purchase of property formerly leased by RCS at 210 Ewing Avenue. ITEM #25 - Approve the establishment of a separate non-interest bearing bank account at the Bank of America in the amount of $54,398 for the security deposits received from the Friendly Village of Kapok. ITEM #26 * Authorize an increase of $120,000 to the monetary limit on the contract with the firm of Rogers Towers Bailey Jones & Gay, P.A. for outside counsel services related to representation in Granite State Outdoor Advertising v. City of Clearwater, including any interlocutory appeal proceedings. ITEM #27 - Authorize an increase of $40,000 to the monetary limit on the contract with ,the firm of Rogers Towers Bailey Jones, & Gay, P.A. for outside counsel services related to representation in National Advertising Co. v. City of Clearwater, Case No.00-3844-C1-11, and Lamar Advertising Co. v. City of Clearwater, Case No.OQ-1939-C1, including any interlocutory appeal proceedings. ITEM #28 . Approve Philadelphia Phillies travel for Mayor Aungst and Commissioners Gray, Hibbard and Hamilton. ' mcc05b02 14 05/16/02 ,..., ' " ' ,,' , ',' I:,,'.' ',: <, ',,',' ", ;' '. " " , " : ." " : . Commissioner Hamilton moved to approve the Consent Agenda as submitted and that the' appropriate officials be authorized to execute same. The motion was duly , seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #29 - First reading Ordinance #6993-02 to approve amendment to Chapter 22.L Section 22.59 of the Code of Ordinances adding two areas on city property that alcoholic , beverages may be possessed. The current Section 22.59 of the Code of Ordinances prohibits the possession of alcoholic beverages on any city park property with exclusions for the Performing Arts Center and Theater, the Harborview Center, Jack Russell Stadium ' and the Clearwater Country Club, as well as Coachman Park during special events. This amendment would allow two additional locations for the possession of alcoholic beverages; the Pier 60 Pavilion and South Beach Pavilion. The Marine Department has received requests from Beach Concession operators for on premise 'consumption of beer and wine at their respective locations on Clearwater Beach. . , If this ordinance is approved, the Marine Department will bring to the commission amendments to'the Pier 60 Pavilion and South Beach Pavilion leases to allow for, the on premise consumption of alcoholic beverages, which are to be confined to existing facility, seating areas, with appropriate signage and enforcement to prevent alcoholic beverages from being removed from the premises. Commissioner Hamilton recused himself from the discussion. One person spoke regarding the ordinance, suggesting it is consumer driven. Ken Hamilton, Palm Pavilion and South Beach Pavilion, said that the selling of alcohol can be done responsibly. In response'to a question, Mr. Hamilton said his business would post signs that indicate alcohol must be consumed on premises. He also would reconfigure the seating area. As his business has 5 entrances to south beach, he said it may be necessary to close off some entrances. He felt most alcohol-related incident occur during evening hours. His business is open during the day and closes 30 minutes after sunset. It was noted consumers had asked for alcohol service. In response to a question, Marine and Aviation Department Director Bill Morris said the Pier 60 concession closes approximately 2 hours after sunset, although they have no specific closing, time.,' He said their hours could be addressed in the lease if this ordinance passes. . mcc05b02 15 05/16/02 . . '. It was remarked that the Commission has received e-mails and concerns regarding this Ordinance. In response to a question, Mr. Hamilton said his family has vast experience selling beer, etc., and his business would ensure precautionary measures ~~re in place. One person spoke in favor of the Ordinance. One person expressed concern about evening hours at Pier 60. In response to a question, Ms. Akin said she had no concerns with the Ordinance. The controls can be addressed in the lease. ~iscussion ensued regarding the need for strict controls, a lack of community support for the ordinance, free enterprise, and the proximity of businesses to a nearby playground if this Ordinance passes. In response to a question, Mr. Morris said the Hilton tiki bar is, on the other side of the playground and is within 500 feet of it. Ms. Akin said the restaurant owner and seller of alcohol carries insurance to cover incidents involving intoxicated patrons. She said the City is the landlord and is not liable for those instances. In response to a question, Mr. Morris said he was not aware of any problems with alcohol in the area. Commissioner Hibbard moved to continue this item to the next meeting. The motion died due to the lack of a second. Commissioner Gray moved to deny the amendment to Chapter 22, Section 22.59 of the Code of Ordinances adding two areas on city property that alcoholic beverages may be possessed. The motion was duly seconded and upon the vote being taken Commissioners Gray, Jonson and Hibbard voted "Aye"; Mayor Aungst voted "Nay"; Commissioner Hamilton abstained. Motion carried: ITEM #30 - First Readin~ Ordinance 6986-02, revising Appendix A, Schedule of Fees, Rates, and Charges, V. Buildin~s and Building Regulations (47.087), Code of Ordinances, , to add a maximum total demolition fee of $1 ,000. Currently, the fee required for a permit to demolish buildings is as follows: O I' .. ' erne Itlon perm It...." III" iii . Ii... ..... 011....... "..... .. oil III . .. "........ . . ......... -II... .... ..... .... II' . . II ..... ... .., ,t .. ..... 01-. .. 53.00 0.10 Plus, per square foot in excess of 1,000 square feet, .................. ,(No fee charged when demolition is ordered by City). In many instances, especially in the case of large obsolete structures such as malls, office buildings, or warehousing, the cost of the fee charged for a demolition permit is very . , mcc05b02 16 05/16/02 . high, sometimes running in the hundreds of thousands of dollars. As the community wants to encourage redevelopment, staff is proposing a maximum fee of $1,000 for a permit to demolish a building(s) on a property. This proposal is consistent with other local communities. Commissioner Gray moved to approve revising the Schedule of Fees, Rates, and Charges, to add a maximum total demolition fee of $1 ,000. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6986-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6986-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #31 - First Reading Ordinance 6987-02, relating to Chapter 51 , Flood Damage Prevention, amending Section 51 .03 D/afinitions, by redefining Substantial Improvement, to be applicable, for a one-year period, to' any property located in an area of special flood hazard in the City. . Currently, Code of Ordinances, Chapter 51, Flood Damage Prevention, defines Substantial Improvement 'as follows: Substantial improvement means: (1) With respect to any property located on Clearwater Beach or Sand Key i any repair, reconstruction, rehabilitation, addition or other improvement of a structure during a five-year period, the cumulative c.ost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement; or (2) With respect to any property located in an area of special flood hazard other' than on Clearwater Beach or Sand Key, reconstruction, rehabilitation, addition or other improvement of a structure during a one-year period, the cost of which equals or exceeds 50 percent of the market value of the structure before t~e start of construction of the improvement. ' I. In order to encourage businesses to redevelop on Clearwater Beach, and, to stimulate growth in the community and, make it abetter place to work, live and play, staff is proposing to eliminate the first part of the definition of , substantial improvement, and amend the second part, making it applicable for a one-year period with respect to any property located in an area of speciafflood hazard in the City. . mcc05b02 17 05/16/02 '... ".. , , I., , '. . " . 'I ' , .,' . Two persons spoke in support of the ordinance. Commissioner Gray moved to approve redefining Substantial Improvement, to be applicable, for a one-year period, to any property located in an area o.f special flood hazard in the City . Th~ motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6987802 for first reading and read it' by title only. Commissioner Hamilton moved to pass Ordinance #6987-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #32 - First Reading Ordinance #6992-02 establishinq Low-volume Irrigation Devices, defined as micro-irrigation, bubblers, soaker hoses, or drip tubing, as not restricted to specific days or times of operation, and that the appropriate officials be authorized to execute same. . On January 10, 2002, the City Commission adopted ,Ordinance #6929-02, establishing continuation of existing watering schedule for the City of Clearwater, and changing watering restrictions for wells. Inadvertently, low-volume irrigation devices were not addressed in Ordinance #6929-02., Ordinance #6992-02 addresses these devices, allowing no restrictions. In response to a question, Mr. Neff said this ordinance is for low volume irrigation around 'trees, bushes, etc. It does, not permit it for lawns. Commissioner Jonson moved to approve establishing Low-volume Irrigation Devices, defined as micro-irrigation, bubblers, soaker hoses,' or drip tubing, as not. restricted to specific days or times of operation. The motion was duly seconded and carried unanimously,. ' The' City Attorney presented, Ordinance #6992-02 for first reading and read it by title only. Commissioner Gray' moved to pass Ordinance #6992-02 on first reading. The ,motion was duly seconded and upon roll call, the vote was: II Ayes": Gray, Jonson, Hamilton, and Aungst. IINays": None. Absent: Hibbard . mcc05b02 18 05/16/02 -\ . Approval of this Am'endatory Agreement will accompli,sh the amendments to these agreements and allow the project to proceed with the development and use of a new Community Sports Complex. . ITEM #33 - Approve an Amendatory Agreement between the Ci', y of Clearwater and the Philadelphia Phillies which will modify and amend the Agreement for Development, Sports Facility Use Agreement and Baseball Training Facility Lease Agreement to reflect the change in primary location for the complex and timeline for project events. On December 31, 2000, the City ,Commission approved the Sports Facility Use Agreement between the City of Clearwater and the Philadelphia Ph,illies and on March 1, 2001, the City Commission approved the Baseball Training Facility Lease Agreement (Carpenter Lease), and the Agreement for Development of Community Sports Complex at the location formally known as the SPJC property, as the primary site for the construction of the facility. Subsequently, on October 5, 2001, the City and the Phillies signed a letter of understanding acknowledging that the City and Phillies mutually agreed that the SPC property was unacceptable as the project site. On April 4: 2002, the City Commission approved a Purchase and Sale Agreement between the City of Clearwater and Home Depot U.S.A., Inc. for the purchase of property at 21870 US 19, Clearwater, Florida, for the purpose of constructing the Commuryity Sports Complex at that location utilizing some of the property now occupied by the Bomber Stadium. Appreciation was expressed for staff's efforts to supply all documentation and information to the Commission. Liability concerns, etc. have been addressed. Mr. Dunbar distributed the exhibits previously requested by the' Commission. Commissioner Gray moved to approve the Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies which will modify and amend the Agreement for Development"S'ports Facility Use Agr~ement and Ba'seball Training Facility Lease Agreement to reflect the change in primary location for the complex and timeline for project events and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #34 - Airport Authority - 1 appointment City Clerk Cyndie Goudeau said one vacancy exists on the Airport Authority Board. Member Ronald Streicher is not interested in reappointment. One of the nominees, J. B. Johnson, has indicated he would resign the Civil Service Board to: serve on this Board. Commissioner Gray moved to, appoint J. B. Johnson to serve on the Airpo.rt . Authority Board. The motion was duly seconded and carried unanin10usly. . mcc05b02 19 05/16/02 . . . , , ITEM #35 - Other Pending Matters - None. CITY ATTORNEY REPORTS Resolutions ITEM #36 - Adopt Resolution #02-34 ratifying Amendments to the Interlocal Agreement that created the Tampa Bay Regional Planning Council providing an effective date. The City Attorney presented Resolution #02-34 and read it by title only. Commissioner Jonson moved to pass and ,adopt Resolution #02-34 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Hibbard, Jonson, and Aungst. "Nays": None. ITEM #37 - Other City Attorney Items - None. ITEM #38 - City Manager Verbal Reports - None. ITEM #39 - Other Commission Action Commissioner Gray observed Pinellas Assembly and'it was interesting. Mr. Horne and Mr. Stone served the City well. There was good dialog at the meeting. Commissioner Jonson said SWFWMD wants cities to put in more reclaimed water. Clearwater just approved a consent item to do so. He fixed his sprinkler system this past weekend and encouraged everyone to do the same. He congratulated Dunedin for being named the Best Place to Live in Tampa Bay. He said it's a great time to live in Clearwater and goto the beach because it is less crowded. He congratulated the Palm Pavilion for being recognized in "Best of Tampa Bay". He said good-bye to Christina Headrick of the St. Petersburg Times, who is moving to North Carolina. Commissioner Hamilton stated he participated today in the Pinellas Assembly. He believes the outcome will be very interesting and beneficial. He congratulated Dr. Paolfio for receiving the Beautification Award. He wished Happy Birthday to his son, Andrew. Mayor Aungst wished Commissioner Hibbard Happy Birthday. His birthday was yesterday. He said he is wearing the Countryside ,High School Softball Team T-shirt because his son asked him to'. He thanked staff for the parade. ' He congratulated , , Countryside High School Softball and Tennis teams for winning their state championships. He reminded everyone of the Tour of Turtles at the Harborview Center on display 9 a.m. - mcc05b02 05/16/02 20 . 6 p.m. daily until May 26. The auction is May 18. He said the Florida Convention of Ex-' Prisoners of War takes place at the Hilfon on May 29. He said the~,e is a To~n Hall meeting at St. Paul"s at 7:00 p.m. on May'29. He congratulated the City Manager for receiving the Outstanding Publ~c Administrator award from the American Society for ,Public Administration. . " . ITEM #40' - Adjournment The meeting adjourned a,t 8:14 p.m. ATTEST: . 2~' ,h . I " " ,~ " , c ' <. ,I. . " mcc05b02 _/ " '. ' . ~ ~ . . " <., . ,',. . . , ' . , ,.' j <." , . .', " ,~ , , . 'J 21 05/16/02, - .. ~ .