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02/20/2003 (2) ,',' :." .' ,.,. ',' . . "'" 1, :,' . , . I. \ :.,L.... ".. '",'.: " I ., ,... :. .... ' " . . . CITY COMMISSION MEETING CITY OF CLEARWATER February 20, 2003 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 Ralph Stone Pamela K. Akin Cynthia E. Goudeau PatriciaO. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Deacon James Grevenites of St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. . To provide continuity for research, 'Items are in agenda order although not necessarily discussed in that order. . . ITEM #3 - Service Awards Vickie Duffey, of the Police Department, was presented the February 2003 Employee of the Month award. . ITEM #4.-lntroductions. Awards and Presentations a) Proclamation: Tampa Bay Emergency Planning and Community Right-to-Know Awareness (EPCRA) Week - February 23 - March 1,2003 Engineers Week - February 16 - 22, 2003 Clearwater Marine Aquarium Week:"" February 1 0 - 16, 2003 Phillies Spring Training ad campaign b) Proclamation: c) Proclamation: d) Presentation: Television Production Specialist Kurt Kraus reviewed the City's media partnership plan with the Philadelphia Phillies for Spring Training 2003, including campaign strategies, the C- View prqgram, "Sports Exchange," and sloganst uRed, White, Bluet and Baseball," and "Clearwater, American as Baseball." Phillies General Manager John Cook said the partnership with C-View is successful at fillin'g Spring Training game seats. It was stated this year. is the last opportunity to attend Spring Training games at Jack. Russell Stadium. Commission 2003-0220 1 02-20-03 .' ,.' . . ' :. f :,., '.... . . . . .' , , .' ~ . .: " '. ..... ,.' I.., ..' .... . " '. " , ,'. .' '. , .. .' . . ITEM #5 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the regular meeting of February 5, 2002, as corrected by the Clerk, and Attorney/Client Session of February 3, 2003. as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #6 - Citizens to be heard re items not on the Aqenda - None. Commissioner Gray moved to consider Item #23 at this point. The motion was duly seconded and carried unanimously. . PUBLIC HEARINGS ITEM #7 - Public Hearinq & First Readina - Ord 7076-03. Ord 7077-03. and Ord 7078-03 - Approve the Petition for Annexation. Land Use Plan Arrlendment from Commercial General (CG) to Residential/Office General (R/OG). and Zonina Atlas Amendment from C-2. General Commercial (County) to the O. Office District for property located at 2316 Drew Street (Rolling Heights, Lots C and D) ANX2002-11022 and LUZ2002-11012 (Drew Park, LLC) . The subject site is comprised of one parcel of land, 0.83 acres in area, located at 2316 Drew Street, on the west side of Anna Avenue, approximat~ly 1,500 feet west of Belcher Road. The annexation, landuse plan amendment and rezoning are requested by the applicant, Drew Park, LLC, who intends to construct offices on this site and incorporate this parcel with parcels to the east as part of a proposed office park development. The annexation will enable the applicant to receive city water and sanitary sewer service. The required impact fees will be paid at the time building permits are issued, as well as the cost to extend water and sewer service to the property. Approval of this request would allow the developer to consolidate the entire Drew Park, LLC holdings. totaling 3.97 acres, in the Residential/Office General (R/OG) future land use plan category and the 0, Office zoning district. 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 at service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan, the Community Development Code and Pinellas County and Florida Law; 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 Pinellas Planning Council (PPC) and Pinelfas County have reviewed the annexation of the subject properties pursuant to the Pinellas County charter amendment approved by referendum on November 7,2000 and no objections were raised. The applicant is requesting. to amend the Future Land Use Plan Map designation for the site from Commercial General (CG) to ResidentiaVOffice General (RlOG). Additionally, a zoning atlas amendment is requested to rezone the site from the County's (C-2), .General Commercial designation to the City's (0), Office District. . Commission 2003-0220 2 . 02-20~b3 _,:t,...f.,..1 11:.'1~"~ ,....,',1:~t.~.,.'.'..~;".' ',':'!': .....,..' ,'..'.;. +"""'/\.. :~"r'.'.' , '.'\...~'.'." ...... I"~ . .' . 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: 1) The' proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The proposed use is 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. ' In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment site,. review and approval by the Florida Department of Community Affairs is not required. . The Community Development Board reviewed these applications at its public hearing on January 21 , 2003 and unanimously recommended approval of both applications. As required by state law, Long Range Planning Manager Gina Clayton announced anyone interested in receiving a Notice of Intent from the DCA (Department of Community Affairs) for the proposed plan amendment should sign the form provided. Commissioner Jonson moved to approve the Annexation, Land Use Plan Amendment from Commercial General (CG) to Residential/Office General (R/OG), and Zoning Atlas Amendment from C-2, General Commercial (County) to the 0, Office District for property located at 2316 Drew Street (consisting of Lots C and D, Rolling Heights, in Section 7, Township 29 South, Range 16 East;) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.. The City Attorney presented Ordinance #7076-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7076-03 on.first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson. Hibbard. and Aungst. II Nays": None. The City Attorney presented Ordinanc'e #7077-03 for first reading and read it by title only. Commissioner Hibbard moved to pa~s Ordinance #7077-03 on first reading. Tile motion ' was duly seconded and upon roll call. the vote was: 'IAyes": Gray, Hamilton, Jonson. .Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordin~nce #7078-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7078-03 on first reading. The motion was duly seconded and upon roll call, the vote was: . "Ayes.': Gray, Hamilton, Jonson, Hibbard. and Aungst. "Nays": None. Commission 2003~0220 3 02~20-03 , , ~' .' I I . , : ': . . . ITEM #8 - Public HearinQ & First Readina - Ord 7079~03. Ord 7080-03. and Ord 7081-03- Approve the Petition for Annexation. Land Use Plan Amendment from County Commercial General (CG). Residential/Office General (R/OG) and Preservation (P) to City Commercial General (CG). Residential/Office General (RJOG) and Preservation (P) and Zoning Atlas Amendment from County AL. Aquatic Lands. C-3, Wholesale. Warehousinq & Industrial Support. M-2. Manufacturinq & Industrv. P-1. Professional Offices to City C. Commercial. O. Office. and p, Preservation for 1720 Overbrook Avenue (Stevenson's Creek Subdivision, Lots 3-15, and.M&B 43.05 in Sec. 03-29-15) ANX2002~11019 (City of Clearwater) This site is located at 1720 Overbrook Avenue, on the south side, between Douglas Avenue and North Betty Lane. The subject property is approximately 11.98 acres in area and is occupied by vehicle service and salvage yard uses. The City of Clearwater proposes to construct a new fire station, which will be known as Station #51, and either a nature park or stormwater retention pond on this site following this annexation. The purpose of the annexation is to have City facilities located within the municipal boundaries and to provide the properties with City water and sanitary sewer service. The closest water and sewer lines are located inthe Overbrook Avenue right-of-way and capacity is available for these utilities. Future Land Use Plan designations of Commercial General (CG), Residential/Office General (R10G), and Preservation (P) are proposed for this property along with consistent zoning categories of C, Commercial, 0, Office, and P, Preservation. 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, 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. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1- 3), and no objections have been raised~ The Community Development Board reviewed these applications at its regularly scheduled meeting on January 21.2003 and unanimously recommended approval with the condition that all new construction comply with the requirements of the Community Development Code. Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan Amendment from County Commercial General (CG), Residential/Office General (R10G) and Preservation (P) to City Commercial General (CG), Residential/Office General (R10G), and Preservation (P) and Zoning Atlas Amendment from County AL, Aquatic Lands, C~3, Wholesale, Warehousing'& Industrial Support, M-2, Manufacturing & Industry. P-1, Professional Offices to City C. ,Commercial, 0, Office, and P, Preservation for 1720 Overbrook Avenue (consisting of Lots 3 - 15, Stevenson's Creek Subdivision and Metes and Bound 43/05 in Section 3. Township 29 South, Range 15 East) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commission 2003-0220 4 02-20-03 .. :: .. . ~. I . ~. . '. \.' .' ". N '. t ". .... . " . . .' .' I',. .;", ,I . ", " ~ I . I'; <. I . '. L 'j".. , . I,; ", ,'t', i' . ". . .',: . , .:'.' ". .:.... ..1......'. I .~. ,,' ". f. I~"'" I,~,,',' (.' . ." . . . . The City Attorney presented Ordinance #7079-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7079-03 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 #7080-03 for first reading and'read it by title only. Commissioner Hibbard moved to pass Ordinance #7080-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. ItNaysll: None. The City Attorney presented Ordinance #7081-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7081-03 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 #9 . Public Hearinq & First Readinq - Ord 7082-03, Ord 7083-03. and Ord 7084-03- Approve the Petition for Annexation. Land-Use Plan Amendment from County Residential Low (RU to City Residential Low (RL) and Zoninq Atlas Amendment from County A-E. Aqricultural 1=state Residential to City LOR. Low Densitv Residential District for 3311 66th Street (M&B 33.03 in Sec. 17-28-1 6) ANX2002-11 020 (G eorge E. Pappas) This site is located at 3311 66th Street, on the east side of 66th Street, approximately 2,800 feet south of Curlew Road, 700 west of Northridge Drive and 1,200 northwest of Countryside Boulevard. The subject property is'approximately 1.88 acres in area and is currently vacant. The applicant proposes to construct single family dwellings on this site following this annexation. The purpose of the annexation is to enable the applicant to receive City water, sanitary sewer and solid waste serVice. The closest water and sewer lines are located in the adjacent,Velventos Drive right-of-way and the capacity for the project is available for these utilities.. The applicant will pay the required impact fees at the time building permits are issued, as well as the cost to extend water and sewer service to the property. A Future Land Use Plan designation of Residential Low (RL) is proposed along with a zoning category of Low Density Residential (LOR). 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, 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. Commission 2003-0220 5 02-20-03 . . . This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63"Section 7(1- 3), and no objections have been raised. 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: 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 naturaf environment. . The Community Development Board reviewed these applications at its regularly scheduled meeting on January 2.1, 2003 and unanimousl,Y recommended approval. Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan Amendmen,t from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County A-E, Agricultural Estate Residential to the City LDR, Low Density Residential District for 3311 66lh.Street (Section 17-28-16, M&B 33.03) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7082-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7082-03 on first reading. The motion was duly seconded and,upon roll call, the vote was: "Ayes": Gray, Jonson, Hibbard, and Aungst. II Nays": None. Absent: Hamilton. The City Attorney presented Ordinance #7083-03 for first reading and read it by title only. Commissioner Hibbard to pass Ordinance #7083-03 on first reading. The motion was duly seconded and upon roll call, the vote was: . IIAyesll: Gray, Jonson, Hibbard, 'and Aungst. II Naysll: None. Absent: Hamilton. The City Attorney presented Ordinance #708~-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7084-03 on first reading. The motion was ,duly seconded and upon roll call, the vote was: UAyes": Gray, Hamilton, Jonson, Hibbard. and Aungst. "Naysll: Norie. Commission 2003-0220 6 02-20-03 " " ~ " . I' .... J' L . . ,""" .' . I.. .1"": . . . ITEM #10 - Public Hearina & First Readina - Ord 7085-03, Ord 7086..03, and Ord 7087-03- Approve the Petition for Annexation. Land Use Plan Amendment from County Commercial General (GG) to City Commercial General (CG) and ZoninQ Atlas Amendments from County R- 4. One. Two and Three Family Residential District. to City C. Commercial District for 1231 Lincoln Avenue (Oakland Heights, Lot 36) ANX2002-11 021 (Ana Ramirez Diaz) This site is located at. 1231 Lincoln Avenue, which is approximately 360 feet south of Jeffords Street and 650 feet east of Missouri Avenue. The subject property is approximately 0.15 acres in area and is currently occupied by an unimproved surface parking lot. The purpose of the annexation is to enable the applicant to use this property to satisfy the parking requirements for the commercial use located to the north and south. A Future Land Use Plan designation of Commercial General (CG) is proposed along with a zoning category of C, Commercial. 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, 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. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1- .3), and no objections have been raised. The Planning Department determined that the proposed land use plan amendment and rezoning ap.plications 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 t~ serve the property; and 4) The applications will not have an adverse impact qn the natural environment. . The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on January 21,2003 and unanimously recommended approval. Commissioner Hamilton moved to approve the Petition for Annexation. Land Use Plan Amendment from County Commercial General (CG) to City Commercial General (CG) and Zoning Atlas Amendment from County R-4. One, Two and Three Family Residential District, to . City C, Commercial District for 1231 Lincoln Ave,:,ue (Lot 36. Oakland Heights in Section 22, Township 29 South and Range 15 East) and that the appropriate officials be authorized to execute same. The motion was duly seconded. and carried unanimously. . The City Attorney presented Ordinance #7085-03 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7085.03 on .first reading. The motion was duly seconded and upon roll call, the vote was:, Commission 2003.0220 7 02.20-03 . . . UAyesl1: Gray, Hamilton, Jonson, Hibbard, and Aungst. IINaysll: None. The City Attorney presented Ordinance #7086-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7086-03 on first reading. The motion was duly seconded and upon roll call. the vote was: IlAyesll: Gray, Hamilton, Jonson, Hibbard, and Aungst. lINaysll: None. The City Attorney presented Ordinance #7087-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7087-03 on first reading. The motion was duly seconded and upon roll call, the vote was: IIAyesll: Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays't: None. ITEM #11- Public HearinQ & First Reading ~ Ord 7088-03 and Ord 7089-03 - Approve a Land Use Plan Amendment from Commercial General (CG) to Residential Hiqh (RH). and a ZoninQ Atlas Amendment from C. Commercial District to HDR. Hiqh Density Residential District for property located at 202 Windward PassaQe (Island Estates of Clearwater Unit 5, Block 0, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) LUZ2002-11011 (High and Dry Marina, Inc.) This site is located on the north side of Windward Passage. approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. The subject site is approximately 1.83 acres in area and is currently developed with a high and dry storage marina facility containing 306 berths with eight dock structures used for storing. maintaining and repairing vessels.. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General(CG) category to the. Residential High (RH) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. . . 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: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The potential range of uses and the current 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. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is required. Commission 2003~0220. 8 02-20~03 '. .... \ : '. . . . 'r . ,~ .... 'I . ~ . . '" . .... '.' I. ..' I'.' .' ."' .... . ..".. ,'. : .... I I'., ..... ~.. : .:'1 ." ",+ :' .,',.' . . . . The Community Development Board reviewed this application at its January 21, 2003 meeting and unanimously recommended approval. It was stated denying this request will not protect the current boat slips. Concern was expressed that 60ating is impacted when the waterfront is developed and regulations restrict boat storage in residential neighborhoods. Ms. Clayton said residential boat storage is permitted, under certain conditions. It was stated at their meeting, COB (Community Development rJoard) members had focused on which density would be appropriate as it related to height. Concern was expressed the site could be developed with a building as tall as 130 feet if zoned High Density Residential but would be limited to 50 feet in height if zoned Medium Density Residential. Ms. Clayton . reviewed Code regulations, indicating the COB would have to approve building heights above 50 feet. . Representative Harry Cline said the are'a is totally developed around the Hi & Dry Marina, which has 300 boat slips. The site features no landscaping. He said plans are to construct condominiums within the 50-foot height limits. He said the request is for a slight increase in density. He indicated more than 24 hotel units could be developed on the site. He said traffic associated with the site would b~ more spread out than currently. He said the proposal is compatible with the neighborhood. He distributed a copy of a letter from Roger Larson, developer of townhouses across the street, supporting the agenda item. Sal Hader, of Hader Devlopment, said the planned development will consist of a very high-quality, 4-story structure and feature 1.9 'parking spaces per unit, more than is required by Code. ' One person spoke against and one person spoke in favor of the proposal. Mr. Cline said the site plan is not being considered tonight. The proposed development will be only 13 feet higher than the current marine storage structure. He said the recommended zon~ng is appropriate and the environment of the neighborhood and park fits better with residential rather than commercial development. He said 28 boat slips are planned. As required by state law, Long Range Planning Manager Gina Clayton announced anyone interested in receiving a Notice of Intent from the DCA (Department of Community Affairs) for the proposed plan amendment should sign the form provided. In response to a question, Ms. Clayton s'tated the site would have more traffic if redeveloped for commercial, rather than residential, uses. It was noted the area features many high-rise structures. It was stated the loss of boat storage is not a basis to deny this application. Concern was expressed the development would increase density in a coastal high- hazard area. Planning Director Cyndi Tarapani said the proposed increase is negligible. The allowed density is the same for both High and Medium Density Residential zoning. It was recommended the developer give neighbors assurances that the project will not exceed 50 feet. Commission 2003-0220 9 02-20-03 . .. . It was noted insurance premiums have increased so significantly the owner of the Hi & Dry Marina cannot afford to operate the business. It was stated motel development would be more dense. It was felt the courts need to work out issues related to ownership of nearby submerged lands. In response to a question, the City Attorney said property owners have the right to request that their property be rezoned to a higher density. The City Commission then decides whether or not to approve the request. In response to a question, Mr. Cline said he was troubledby the proposal to approve a zoning category not requested. He said staff had recommended the property be rezoned High Density Residential. He, could not say at this.time if Medium Density Residential zoning would be acceptable. In response to a question, Ms. Clayton said traffic analysis compares highest potentials for each use. It was stated the current structure on this site already blocks the views of residents. Commissioner Jonson moved to deny Item #11. The motion was duly seconded. Commissioners Gray and Jonson voted IIAye"; Commissioners Hamilton and Hibbard and Mayor Aungst voted UNay.1t Motion failed. 'Commissioner Hamilton moved to approve the request a Land Use Plan Amendment from Commercial .General (CG) to Residential High (RH). and a Zoning Atlas Amendment from .the C, Commercial District to the HDR, High Density Residential District for property located at 202 Windward Passage (A portion of Lot 9 and all of Lots 10, 11, 12, and 13, Block D, Unit 5, Island Estates of Clearwater, Together with a portion of Vacated Dory Passage, in Section 09, Township 29 South, Range 15 East), noting the City Commission does not want development of this site to exceed 50 feet, and that the appropriate officials be authorized to execute same. The r:notion was duly seconded.. Commissioners Hamilton and Hibbard and Mayor Aungst voted ."Aye"; Commissioners Gray and Jonson voted UNay." Motion carried. The City Attorney presented Ordinance #7088-03 for first readin~ and read it by title only. Commissioner Hamilton moved to pass Ordinance #7088-03 on first reading. The ,motion was duly seconded and upon. roll callt the vote was: ' "Ayes't: Gray, Hamilton, Hibbard, and Aungst. . IINays": Jonson. Motion carried. The City Attorney presented Ordinance #7089-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7089-03 on first reading. The motion was duly seconded and upon roll call, the vote was: . "Ayes": Hamilton, Hibbard, and Aungst. . I "Nays": Gray and Jonson. Motion carried. Commission 2003-0220 10 02-20-03 '. ' ' " ,~.' . . . . .' \ t. . ..' ~ ' . .,' "', , ,'. c., ." ~ ~ . . 1 " . , '. ",. I. . " . It was requested when staff reviews applications that they recommend the lowest density that meets the developer's needs. Ms. Clayton said staff does not always have access to all relevant information. Public Hearing - Second Reading Ordinances ITEM #12 - Ord 7060-03 approvinq the applicant's request to vacate the 16-foot allev Ivina alano a line 2 feet west of and parallel to the west property line of Lot 6. Block 16. Map of Belleair. (A.K.A. 509 liD" Street), subject to the retention of a drainage and utility easement over the westerly 15 feet of the alley, (V2002-13 City of Clearwater). The City Attorney presented Ordinance #7060-03 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7060-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson. and Aungst. UNays": None. Absent: Hibbard. CITY MANAGER REPORTS CONSENT AGENDA (Items #13-20) - Approved as ~ubmitted. .. Consent Agenda !tems require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. . . ITEM #13 - Approval of Purchases per Purchasinq Memorandum: 1) Work Order to revise and update master plan on a cosVbenefit analysis and reduction to downstream impacts for $88,042 from Parson Engineering Science, Tampa, Florida, for Alligator Creek Watershed Management Conceptual Plan. (PW) 2) Work Order for engineering, construction and inspection services for $72,710 from P~st, Buckley, Schuh & Jernigan, Inc.. Tampa, Florida, for Clearwater Beach street improvements to Papaya and Baymont Streets and construction of two parking lots at East Shore & Causeway. {PW) 3) Purch~se of four (4) Flygt pumps for $62,540 from EK Phelps & Company, Apopka, Florida. (PWtNPC) , 4) Purchase.of Gas Materials - PE pipe and fittings for $210,000 from MT Deason Company, Inc., Birmingham, Alabama. (GAS) . . . Commission 2003-0220. 1 1 02-20-03 .... f. . - .'.~' '. ,',','1' .f",.' ,.\,., ,.....,.. 1.',: ". .'~'~: ,"; I I, ,. ,I .~.' '..:,'. L . ....". . . . ITEM #14 - Award a contract for the replacement of the Clearwater Mall Fire & Rescue Station No. 49 (02-0099-FD) to GLE Construction Services. Inc. of Tampa, Florida, in the amount of $1,498,908.40, which is the lowest responsible bid received in accordance with plans and specifications. FD ITEM #15 - Authorize settlement of the workers' compensation claim of Claimant. Neil Arfmann, in its entirety to include medical and indemnity for the sum of $40,000. FN ITEM #16 - Approve the first amendment to the manaqement aQreement with the Clearwater Community SailinQ Association, allowing alcoholic beverages to be possessed, sold and consumed within the fenced in area of the Clearwater Community Sailing Center. MR ITEM #17 - Award a contract for the Demolition of Commercial Structures - 1700 Overbrook Avenue (02-0087-EN) to Kloote ContractinQ, Inc. of Palm Harbor, Florida for the sum of . $106,754.70 which is the lowest responsible bid received in accordance with the plans and specifications. PW ITEM #18 - Approve a contract with Gwendoline I. Martin, Trustee to purchase DRUID HEIGHTS, Block C, Lot 1 for $111,000 plus estimated closing expenses of $20, for a total consideration of $111,020. PW ITEM #19 - Receive Annual Report of Transfer of Development RiQhts (TORsl pursuant to reporting requirements of the Community Development Code. PLO . ITEM #20 - Authorize the City Attorney to allocate an additional $40,000 in the defense of the City and James Wood in the case of Palisano v. City, for a total amount of $120,000. CA Commissioner Gray 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. Discussion ensued regarding whether to delay the construction of the two parking lots referenced in Item 13.2 until development occurs. No action was taken. OTHER ITEMS ON CITY MANAGER REPORT ITEM #21 - Adopt Res. 03-07. to file a demolition lien for a total cost of $19.785.72 on the property located at 1180 Cleveland Street; Gibson's Clearwater Heights, Lots 4-8 included (S&P Properties - 2303 1st St. E., Bradenton, Florida). OS . On April 6, 2001, the City's Building Official determined that the commercial structure at 1180 Cleveland Street was unsafe, unsanitary, unfit for human habitation, dangerous, and detrimental to the health, safety, and general welfare of the community, and therefore, did not compl{with the requirements of the Clearwater Code of Ordinances and the Standard Building Code. The property owner was notified; however, the owner did not abate the unsafe conditions within a specified time period. After taking the required legal steps, the City hired a contractor. and the structure was demolished on December 27, 2002. . Commission 2003-0220 12 02-20-03 . . . Staff recommends a lien be placed on the property in the amount of $19,785.72 for all City-incurred costs after ordering the owner to abate a dangerous structure at 1180 Cleveland Street. ' Commissioner Gray moved to file a demolition lien for a total cost of $19,785.72 on the property located at 1180 Cleveland Street; Legal Description: Gibson's Clearwater Heights Lots 4 to 8 included (Owner of record: S & P Properties, 2303 1 st 81. E., Bradenton, Florida). The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #03-07 and read it by title only. Commissioner Hibbard moved to pass and adopt Resolution #03-07 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 #22 - Award a contract to install conduit. fiber optic cable and termination eauipment to Dolphin Communications Services. Inc., St. Petersburg, Florida, for an amount not to exceed $300,000 in accordance with Sec. 2.564(1 He), Code of Ordinances. IT Mayor Aungst recused himself due to a possible conflict of interest. High-speed network connectivity between City facilities increasingly has become necessary to conduct business and meet expected service levels. Connectivity between facilities downtown currently is achieved by leasing infrastructure from a local telecommunications provider. Annual lease costs exceed $65,000 to maintain connectivity between the City's nine downtown facilities for voice and data requirements. The fiber loop will be installed to connect: 1) Municipal Services Building, 2) Police Building, 3) Fire Station 45, 4) City Hall, 5) Harborview Center, 6) Main Library, 7) Gas Administration Building, 8) Graphics Building; and 9) Engineering Field Office. The project will include installation of three (3) 1.25" poly-duct conduits, a 24 count (12 pair) single-mode fiber loop, and all termination and routing equipment at each facility. The new fiber ring will support all voice, data and video needs between the facilities located on the loop. This project represents the first phase in the development of a private fiber optic network for,Cityoperations. Savings from the elimination of leased infrastructure will be used to finance subsequent phases of this project over the next 2-3 years. A formal presentation of proposed financing will be presented later this fiscal year for City Commission review and approval. The project will take approximately 4 months, including acquisition of all permits and construction I with a tentative cutover date of July 1 , 2003. It was recommended staff carefully consider security issues before permitting network, access to outside users. Commissioner Jonson moved to award a contract to install conduit, fiber optic cable and termination equipment for the City's data network to Dolphin Communications Services, Inc., 8t. Commission 2003-0220 13 02-20-03 . . . Petersburg, FL, for an amount not to exceed $300,000 in accordance with Sec 2.564 (1 )(e), Code of Ordinance and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Gray, Hamilton, Jonson, and Hibbard voted UAye." Mayor Aungst abstained. Motion carried. ITEM #23. Adopt Res. 03-10, consentino to a leasehold mortaaQe entered into bv PACT, Inc. and Bank of America to finance current construction on Ruth Eckerd Hall. CA The City entered into a Lease and a Facility Use Agreement with PACT, Inc., both dated March 7, 2001. The Lease requires prior City approval of any leasehold mortgage by PACT. The City of Clearwater consented to a leasehold mortgage in the amount of $5,000,000 entered into by PACT, Inc. and Bank of America in April of 2001. PACT, Inc. now desires to secure additional institutional financing in the amount of $8,193,206 for current construction and has secured a commitment from Bank of America. I Commissioner Hibbard moved to consent to a leasehold mortgage entered into by PACT, Inc. and Bank of America to finance current construction on Ruth Eckerd Hall. The motion was duly seconded and carried unanimously. The City Attorney pre'sented Resolution #03~ 1 0 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #03.10 and authorize the appropriate officials to , execute same. The motion was duly seconded and upon roll call, the vote was: IIAyes": Gray, Hamilton, Jonson, Hibbard, and Aungst. IINays": None. ITEM #24 - Approve G MP (ouaranteed maximum orice) contract amendment with Turner Construction Company, 500 N. Westshore Blvd., Tampa, Florida, for the new Main Library in the amount of $14,532.915 and authorize $1.332,000 of that amount for construction, and approve the appropriation and transfer of $1,132,000 of the unrestricted fund balance of the General Fund to provide advanced funding for Clearwater Library Foundation funds which are to be contributed to the City for this expenditure, and direct that Foundation funds received will first . be used to replenish the $1,132.000 of General Fund monies used. LIB The construction budget for the new Main Library is $14,532,915. The Commission has authorized $13,200,915 of this budget to Turner Construction Company for the following: Construction Budget Turner's Fees Construction Authorization #1 Construction Authorization #2 Construction Authorization #3 Construction Authorization #4 Total Remaining to Authorize $14,532,915 . ($ 1,560,100) ($ 1 .466.426) ($ 2,736,078) ($ 5,024,690), L$ 2,413,621) $ 1 ,332,000 ($ 1.332.000) -0- (July 12. 2001) (April 18,2002) (July 18, 2002) (September 5. 2002) (Januarv' 23. 2003) Q.onstructlon Authorization-w/GMP (Februarv 20,2003) Total Remainir,'lg to Authorize Commission 2003-0220 14 02-20-03 . . . Approval of the GMP (guaranteed maximum price) contract amendment will authorize an additional $1,332,000. These funds are from the Clearwater Library Foundation's Main Library Capital Campaign ($200,000) and the City's General Fund Retained Earnings ($1, 132,OOO). A first quarter budget amendment will transfer General Fund retained earnings to the library construction project in the amount of $1,132,000. With the allocation of the $1,132,000 of reserves for this project, General Fund reserves still will remain at $1 0.4-million, which is almost $2.6-million greater than the 8.50/0 reserve. The.$1 ,132,000 from the City's General Fund Retained Earnings will be replenished by the Clearwater Library Foundation as Main. Library Capital Campaign pledges are fulfilled. Library Director John Szabo said this request will finish the entire 90,000 square feet of the main library. He said the City could stretch its furniture budget until foundation pledges are available. In response to a question, Senior Accountant Bill Kleinsorge said using General Fund money for the construction of the library would result in a loss of approximately $50,000 in interest. Mr. Szabo said, based on library standards, $30 per square-foot was budgeted for furnishings. He said some spaces could be left bare or be furnished with existing library furnishings. The library is scheduled to open in January 2004. In response to a question, Jim Harper, of the Clearwater Library Foundation, estimated the Foundation would collect approximately $348,000 before the end of this year. It was felt local businesses would be generous once they understand the library's importance to the community. In response to a question, Mr. Harper said naming opportunities for contributors are available for library sections, not specific square feet of the building. Discussion ensued regarding the building's.furnishings. Based on a suggestion, Mr. Harper said he would be comfortable with the City splitting funds as they are received from the Foundation, with half replenishing the unrestricted fund balance of the General Fund and half set aside.for library furnishings. It was indicated the previous City Commission had been adamant that foundation funds would have to be received prior to construction. Reservations were expressed regarding dipping into the City's retained earnings to fund the foundation's portion of construction expenses. Concern was expressed this not set a precedent for future public/private partnerships. It was recommended library furnishings not be downgraded to stretch available funds. It was noted Mr. Harper had promised to participate in the Foundation's fundraising efforts until all pledges are collected. It was felt untapped resources for additional pledges exist. Commissioner Gray moved to approve GMP (guaranteed maximum price) contract amendment with Turner Construction Company, 500 N. Westshore Blvd., Tampa, FL for the new Main Library in the amount of $14,532,915 and authorize $1,332,000 of that amount for . construction, and approve the appropriation and transfer of $1,132,000 of the unrestricted fund balance of the General Fund to provide advanced funding for Clearwater Library Foundation funds which are to be contributed to the City for this expenditure, and direct that Foundation funds received will be split, with half of the $1,132,000 owed used to replenish the unrestricted fund balance of the General Fund and half set aside for library furnishings, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commission 2003-0220 02-20-03 15 . . . ITEM #25 - Authorize settlement of City v. Waaenvoord Advertisina Group. Inc., etc., Case No. 02-9512-CI-15 in an amount not to exceed $310,000. CA This matter arises from an action filed by the City against Wagenvoord Advertising Group, Inc., d/b/a WTAN, Inc., to eject a tower erected by WTAN from City-owned property. The property WTAN is encroaching upon is part of a tract to be used for a construction and maintenance easement by FDOT in the Memorial Causeway Bridge Project. . The parties have reached the following tentative settlement. WTAN will convey all rights it has in all property west of Pierce Boulevard to the City. The City will pay WTAN $250,000 at closing and an additional $50,000 upon taking possession of the property. WTAN will receive site plan approval to relocate its tower to a commercially zoned tract of land located at 704-706 North Myrtle Avenue, Clearwater. WT AN guarantees delivery of possession no later than March 14, 2003 (this is expected to dramatically reduce if not eliminate additional construction costs associated with engineering around the tower as well as projected additional costs associated with its continued presence on the WT AN tract near Pierce Boulevard). The parties will exchange mutual releases and the civil action will be dismissed. Authorization is sought to settle this action pursuant to the above terms and to authorize the execution of a settlement agreement and release. . The City Attorney requested a February 24,2003 deadline be imposed for execution of the settlement agreement by Wagenvoord Advertising Group, Inc. In response to a question. , she said the tower soon would impact construction of the bridge. If this issue is not resolved, she said, at some point, the City would have to stop the negotiation process and pursue litigation. Commissioner Hamilton moved to authorize settlement of City v. Wagenvoord Advertising Group, Inc., etc., Case No. 02-9512-CI-15 subject to execution of the agreement no . later than February 24, 2003, and that the appropriate officials be authorized to execute same. . The motion was duly seconded and carried unanimously. Regarding an unfavorable quote in the newspaper, it was stated the City has been very fair and generous regarding these negotiations. ITEM #26 - Approve an amendment to the Joint Participation AQreement and Memorandum of Agreement between the Florida Department of Transportation and the City of Clearwater for the Memorial Causeway Bridge replacement and adopt Res. 03-14. PW On June 27,1997, the City Commission approved the JPA (Joint Participation Agreement between the FOOT (Florida Department of Transportation) and the City of CtearNater for design, right-of-way acquisition, and construction of the Memorial Causeway Bridge replacement. This JPA was amended in January 2001 to recognize $12 million in federal funding; again in June 2001 to recognize. an additional $8,770,662 in federal funding, and again in November 2001 to reflect the actual construction bid costs. The transmission tower for WT AN radio encroaches upon part of a tract of City-owned land to be used by FDOT for a construction and maintenance e.asement. Commission 2003-0220 16 02-20-03 ..:..... . ,~.". .. .',~~~ {".:.J.; '1.~.:1""'1\'." ""'~'. ,i,.L " .,.' . '. . The City is entering into a Settlement Agreement with WTAN whereby WTAN will convey to the City all rights it has in all property west of Pierce Boulevard. The City will pay WTAN 5300.000 as compensation for the property. Including closing costs, the total estimated cost to the City is $31 O,OOO.which will be paid from interest earnings on the City's advance cash deposit to FDOT for the bridge construction. The latest JPA amendment authorized FDOT to spend these interest earnings on the project, but did not consider returning funds to the City to use. This amendment authorizes FOOT to return up to $310,000 of interest earnings to the City. Commissioner Gray moved to approve an amendment to the Joint Participation Agreement and Memorandum of Agreement between the Florida Department of Transportation and the City of Clearwater for the Memorial Causeway Bridge replacement and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ,. The City Attorney stated if the settlement agreement with Wagenvoord Advertising Group, Inc.. is not executed. the City Commission will be requested to rescind this resolution. The City Attorney presented Resolution #03-14 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #03-14 and authorize t,he 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 #27 - Other PendinQ Matters - None. CITY ATTORNEY REPORTS ITEM #28 - Other City Attornev Items - None. ITEM #29 - City ManaQer Verbal Reports The City Manager referred to the traffic situation on Mandalay Avenue and Baymont Street. . Public Services Director Gary Johnson estimated it would cost between $60,000 and $100,000' to interrupt the Mandalay Avenue streetscape project during Spring Break. To relieve traffic back~up, staff will install a traffic signal with a left-turn lead arrow to permit southbound traffic to turn east at Baymont, clear the intersection, and keep traffic moving toward south beach. ' . Public Works Administrator Mahshid Arasteh said a signal technician would be on site this weekend to see how traffic moves and activate the signal if back-ups occur. If the left-turn signal is not beneficial, the City may need to restrict left turns during certain hours. Concern was expressed traffic will continue to back up as this intersection does not have a left-turn lane., It was suggested a police officer might be needed. In re~ponse to a question. Mr. Johnson said Commission 2003-0220 17 02-20:-03 .... '.~~'.;.. ,1.:.:.\,..., .'.." t i.':....' ".:- : .11'. lr .l~,..1 I .',r,.. }.~ 'r~. .'. r,. .,'I,.'.~"."./.;..'.,~.:II"l'.'..I"r~.'1 ..-, ,r., .,.:,. ~l/ .I'~~' '\ t".j-1 .' .'. ..... I.. .;' I' . '., . .. . ',' '. f.' . I . \ ':.' .... . .'. . . . -. ..~. . . :.' '. ' . " , .IJ . . . . . " . . \ . or . . ~..' ; . . the contract with the Clearwater Beach Hotel for this project does not permit project work at night. Staff will contact the hotel to ascertain how late work could occur. ITEM #30 - Commission Discussion Items a) Resolution re Emergency Shelters Commissioner Jonson distributed a copy of a proposed resolution related to hurric~ne shelters. He questioned if the City wants to help County Emergency with providing shelters. Resident demands and City needs were questioned. Fire Chief Rowland Herald said a hurricane shelter is a point of last resort. He said if a bad storm approached. the goal would be to move people out of the area. He expressed concern hurricane shelters not create a false sense of security. . Fire Marshal Randy Hinder said 15.000 spaces were lost, following the Red Cross review of local facilities. In response to a question, he said according to the County's position, the only way for the City to acquire funding for hurricane shelter construction is to seek grants through the County. . Assistant City M~nager Garry Brumback said to construct a hurricane shelter, the City would have to assume all risk and pay all related costs up-front, hoping construction funds will be available. While the County entered into a partnership with the Pinellas County School Board for school construction to endure Category 5 winds, the County is not willing to enter into a similar partnership with Clearwater. It was stated County Commissioner Todd had indicated a willingness to address this issue. Mr. Brumback supported the concept if it does not subject the City to significant risk or cost. Fire Chief Herald said the design and construction costs of a building to meet Category 5 winds are significant. In response to a question. he said it is conceivable that the new Ross Norton Recreation CeDter could be used for a shelter if sufficient window protection is installed. He noted the Red Cross requires paramedics to be present at shelters designated for special needs. . . The City Manager said the County is responsible for approaching local cities to cooperate on this issue. He did not know why this had not occurred. It was recommended the City identify its needs before involving itself with this issue. Fire Chief Herald said the next grant cycle is next year. The majority opposed delaying the de'sign of Ross Norton Recreation Center until this issue is resolved. It was consensus, the City Commission made a strong commitmel1t to be the first City to move through the process. . Commission 2003-0220 '18 02-20-03 l,: ",; '. '/,,' ",.\,.:.' ':" :'; .~".'. " ",' jJ.'~ 1...I'.~"1' .....-... ..,_ f . .:. '.,,','!.\', ':. . ,.,.:.(. ", "'j" . '..f' "',"" . ."\"".' , ' . ..... I . ". . ' ~', . . .' . . '1 . ,I .., I, ' . .' , ",).' , :' " ' , . J, . . . ITEM #31 - Other Commission Action Commissioner Hibbard thanked Congressman Bill Young and complimented the City Clerk and staff for the appropriations received for Stevenson's Creek. Beach Walk, and reclaimed water projects. Commissioner Hibbard said last week's Art for Animals at the Clearwater Aquarium was a great event. Commissioner Hibbard invited residents to participate in the Relay for Life and attend the kick-off event at the Belleview Biltmore on February 27, 2003. Commissioner Grav said she looked forward to attending the Friends of the Library luncheon tomorrow. . Commissioner Gray wished Happy Birthday to her children, Kaylee and Brent. Commissioner Jonson acknowledged the passing of Patricia Shoust of Curlew Elementary . Commissioner Jonson said he had attended a delightful play at the Francis Wilson Playhouse~ Commissioner Jonson offered compliments to Westfield Shopping Town for renovating its parking lot and curbs. . Commissioner Jonson said he appreciated the efforts of Nancy Lohr and Progress Energy to repair streetlights. Commissioner Jonson said downtown restaurants are busy and things are looking up downtown. Commissioner Jonson said the billboard at SR 580 and McMullen-Booth Road will be removed within 60 days. Commissioner Hamilton said he had kicked off the lawn-bowling tournament today and invited residents to attend the facility's open house this weekend. Commissioner Hamilton thanked staff for removing thick vegetation from in front of the Marina~ . Mavor Aungst said he had attended the Beach Police Sub~tation grand opening on February 14, 2003. Mavor Aungst said on February 14.2003, he had presided over the renewal of vows by approximately 1 00 couples at Shephard's Beach Resort.. Commission 2003-0220 19 02-20-03 , , I, , . ' .. I. " ' . ':.' " '. ' . I" , , I , . I . . ' ...COMMISSION , . . . 1 ' " , "',City Commission Min~tes , ' " , , ) , " ',' 'D'ate . ..O;J/~oI03 ... . , - /.-}. ',' '. ," . ,,' , ' , " " . , , . " . . ~ I . , ' .', :1, '" " '. ".' '. I , . : . ,. , . '" , , , . , ' , ' , , . .' . '. " , .' . " . .." - ':. ,I' , . , , , , I' , . < " . I . . " , .. . ,f. 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I~,' , "., Mavor Aunast said on February 22, 2003, he will attend a welcome in honor of Sotos Zackheos at the Pancyprian Association Dinner at the Sheraton Sand Key, Mr. Zackheos is Ambassador and permanent representative of the Republic of Cyprus to the United Nations. Mavor Aunast invited residents to attend the Beach Walk project pres'entation at the Harborview Center on February 25, 2003, at 6:00 p.m. . Mavor Aunast invited. residents to attend Phillies Phantest, a free event at Jack Russell Stadium on February 21. 2003, from 5:30 to 8:00 p.m. ' Mavor Aunast said he will be visiting Washington D.C. to speak with Congressmen Yo~ng and Bilirakis and Senators Graham and Nelson regardin,g City issues. Mavor Aunast said the ground breaking of Fire Station #49, located near the former Clearwater Mall, is scheduled for February 27, 2003, at 1 0:00 a.m~ .Mavor Aunast invited residents to root for their team and attend the Phillies Opening Day at Jack Russell Stadium on February 28, 2003, 1 :00 p.m. ' . Mavor Aunast wished Betty Blunt of the City Manager's office a speedy recovery. Mavor Aunast announced the next Work Session is scheduled for March 3, 2003, at 9:00 a.m. . . ITEM #32 - Adiournment , The meeting adjourned at 9: 18 p.m. . Attest: . Commission 2003:,0220 20 02-20-03 ~ ELECTIVE :J APPOINTIVE FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS l AST NAME-~; ~-S";" NAr.IE-MI:lDLE NA.ME \ungs t, Brian J.. MAILING ADOl:ieS.5 2633 Brattle Lane CITY Clean.-ater DATE ON w.....'C.... '.:>TE OCCURRED Februarv 20, 2003 COUNTY Pincllas NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Clearwater Citv Commission THE BOARD. COUNCil. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH t SERVE IS A UNIT OF: ~CITY 0 COUNT V Q OTHER lOCAL AGENCV NAME OF POLITICAL SUBDIVISION Cit . of Clearwater MY PosmON IS: WHO MUST FILE FORM 88 This torm \5 for use by any person serving at the county, cily, or other locallovol ot government on an appointed or elected board, council, . commission, authority, or committee. II applies equally to members at advisory and non-advisory bodies who are prasented with a voting contlicl 0' tnter~st undor Section 112.3143, Florida Statutes, Your respons;olJ,ties under tho law when taced With voting on a measure in which you have a conllicl ot interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, plciase pay close attantion to the instructions on this form before completing the reverse side and tiling the torm_ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143~ FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public otfice MUST ABSTAIN from voting on a measure which .Ires to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- .Ire which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopmet1t agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited trom voting in that capacity, , For purposes of this law, a "relative" includes only the orticer's tather, mother, son, daughter, husband, wife. brother, sister, father-in-law, mother~in-taw, son-in-law, and daughter-in-law. A "business associate" moans any person or entity engaged in or carrying on a business enterprise '....ith the otticer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed en any national or regional stock exchange). . . .. ELECTED OFFICERS: In addition to a::ls:aining from voting in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly slating to the assembly the nalure of your interest in the measure on. which you are absta.ning from voling; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and riling this form with the person responsible torrecording the min- ules of the meeting, who should .incorporate the form in the minutes. . . . * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made you or at your jjrection. It" YOU INTEND TO' MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must ccrrc,t.ete and fIle this form (betore making any attempt to influence the decision) WIth tho person responsible lor recording the .nllllutos o~ :ne meeting. who Will incorporate the form In Ihe minutes, (Continued on other Side) CE FORM as . EfF 1/2000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immedi.ately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature. of your contlict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, . R 1'"; .f.I:n .1.. A II 11 e~ t . hereby disclose that on February 20 _,2003 : -- (a) A measure came or will come before my agency which (check one) mUTed to my special private gain or loss; inured to the special gain or loss at my business associate, inured to the special gain or loss of my relative. . . . . . ~ inured to the special gain or loss ,of TWEAN (Time \-lnrner Entertoinment Advanced Newhouse) whom I am retained; or . by inured to the special gain or loss of is the parent organization or subsidiary of a princIpal which has retained me. (b) The measure before my agency and the nature of my contllcting Interest in the measure is as follows: ,which (Item 022) Award a contract to install conduit, fiber optic cable and. termination equipment for the City's data network to Dolphin Communications Services, Inc. of St. Petersburg, Fl~rid~, for an amount not-to exceed $30,000. { ., J-I ~/o3 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMElv. REMOVAL OR SUSPENSION. FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR, CIVIL PENALTY NOT TO EXCEED $10,000. CE FORr.4 SS . EFF. 112000 PAGE :2