08/21/2003
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING'
Thursday, August 21,2003 - 6:00 P.M. - Commission Chambers
1. Invocation - Commissioner Jonson
2. Pledqe of Alleaiance - Mayor
3. Service Awards - 1 Given
4. Introductions, Awards and Presentations
a) 2003 State Legislative Wrap-Up - Representative Gus Bilirakis - None
b) Tampa Bay Regional Planning Council - Chairman and Pinellas County Commissioner
Barbara Sheen Todd - Given
5. Approval of Minutes - 8/7/03
ACTION: Minutes approved as submitted.
6. Citizens to be heard re items not on the Aqenda:
Tom Sehlhorst announced formation of a group, "Businesses in Transition/' and invited
interested persons to join.
Betty Faller and Anne Garris appreciated the Commission's consideration of retaining the
Clearwater Beach Library.
Four people supported fluoridation of the County's water supply and 11 opposed it.
Warren McKinley requested someone look into the City razing his house following a fire.
Sean Lawnsdale complained about homelessness, prostitution and drug dealing in downtown
and North Green\vood.
PUBLIC HEARINGS
7. Public HearinQ - Declare as surplus for the purpose of offerinq for sale the West 399.78-foot
portion of the 50-foot former railroad easement abuttina the south property line of Lot 15,
Clearwater Industrial Park. the same having been vacated upon adoption of Ord. 7140-03. for'
the minimum bid amount of $40,000. (PW) , ,
ACTION: Approved
8. Downtown Plan
ACTION: Continued to 9/4/03
9. Public HearinQ and First ReadinQ Ord. 7155-03. 7156-03 and 7157-03 - Annexation. Land
Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and
Zoning Atlas Amendment from County R-3, Sinqle-Family Residential District, to City Low
Medium Density Residential (LMDR) for property located at 1856 East Drive (Lot 7, CleafWater
Highlands Unit A, Blk B, Lot 7. Sec. 2-29-15) ,(Ljuljlc). ANX2003-05010 (PLD)
ACTION: Approved. Ordinances passed 1 st reading. ,
10. Public HearinQ and First ReadinQ Ord. 7158-03 and 7159..03 - Land Use Plan
Amendment from Commercial General (eG) to Residential Urban (RU) and a Zoninq Atlas
Amendment from the C, Commercial District to Low Medium Density Residential (LMDR) for
property located at 1120 Woodlawn Street (Lots 1 through 12, inclusive, Blk B and Lots 21, 22,
23 and 24, Blk A, and the West Y2 of vacated Tioga Avenue. lying east of Lots 21.' 22. 23 and
24, Blk A, Harvey Park Sub, Sec. 22-29-15) (Largo Housing Dav Corp & Tampa Bay
Community Dev Corp). LUZ2003-05003 (PLD)
ACTION: Approved. Ordinances passed 1st reading.
11. Public HearinQ and First ReadinQ Ord. 7160-03. 7161-03. 7162-03 - Annexation, land
Use Plan Amendment,to Residential/Office General (RJOG) and Zoninq Atlas Amendment to
Office (0) for property located at the northwest corner of the Allen Avenue/McMullen':' Booth
Road intersection. consisting of 5 parcels together with a portion of the 30-feet right-of-way
. Commission Actioil Agenda 2003-08-21
1
along Allen Avenue. consisting of Lots 4-17 together with Lots 12-15. Blk 4. and part of Lots 9-
11 with a portion of Lot 8, Blk 4, Acker's Sub. together with the abutting right-of-way along
Charles Avenue and Public Hearina & First Readlna Ord. 7166..03 and 7168-03 - Land Use
Plan Amendment to Residential/Office General (R/OG) and Zoninq Atlas Amendment to Office
to) for property located at the northwest corner of the Allen Avenue/McMullen-Booth
intersection consisting of a portion of Lots 6-13, Blk 4. consisting of 3 parcels, together with a
portion of the 30-foot wide right-of~way for Allen Avenue, Acker's Sub together with abutting
,right~of-way along Charle's Avenue (Hupp/McMullen). ANX2003-05011 and LUZ2003-05004
(PLD)
ACTION: Approved. Ordinances passed 1 st reading.
Public Hearing - Second Reading Ordinances
12. Ord. 7164-03 - Approve the applicant's request to vacate a drainaqe and utility easement
and a sanitary easement portion in See 19-29-16. (V2003-09 KB Home Tampa, lLC)
ACTION: Ordinance adopted. '
13. Ord. 7165-03 - Approve the applicant's request to vacate Pen mar Drive riqht-of-wav from
the easterly rioht-of-wav line of Bavview Avenue to the easterlv terminus of Penmar Drive riqht.;
of-way. and retain a drainage and utility easement over the entire width of the right-of-way to be
vacated. (V2003-10 Our lady of Divine Providence)
, ACTION: Ordinance adopted.
14. Ord. 7182~03 to approve amendment to Chaoter 51. Section 51.08 of the Code of
Ordinances to provide for the use of newly released flood insurance rate maps.
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-25) - Approved as submitted, less Item 19.
15. Approval of Purchases per Purchasing Memorandum:
1) Pinellas County Solid Waste Management Department. St. Petersburg, Florida - Waste
disposal service during the contract period 9/1/03 through 8/31/05 in the amount of $383.000.
(PW)
2) Gallagher Bassett Services. Itasca, Illinois - Claims paid by the City's third party
administrator to claimants and their medical providers during the period'10/1/03 through 9/30/04
in the amount of $550,000. (FN)
16. Approve a Natural Gas Service AQreement with Peoples Gas System and authorize the
Gas System Managing Director to enter into future interconnection points under this Agreement.
(eGS)
17. Approve a Quit-Claim Deed, Bill of Sale and a five-vear funding agreement from October 1.
2003 throuQh September 30,2008. with five, five.vear renewable options, between the City of
Clearwater and the Pinellas Community Center. Inc., including approval of 7.9 new FTEs, for
the management, maintenance, and operation of the Long Center. (PR)
18. Approve amendment to Florida Department of Environmental Protection (FDEP)
cooperative funding aQreement No. WAP050 in the amount of $2.000,000 to share the cost in
implementation of the lake Bellevue Stormwater Improvement project. (PW)
19. Approve Change Order #5 to Kevstone Excavators. Inc. of Oldsmar. Florida for the
Mandalav Avenue/Papaya St./San Marco Reconstruction contract to complete Phase II of
Commission Action Agenda 2003-08-21
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the MLK (North Greenwood) Corridor Enhancement project (01-0029-EN) increasing the
contract amount by $229,390.56 for a new contract total of $3,458,093.97; approve a time
extension of 150 days; approve funding for a 100/0 contingency of $22,939.05 within the MLK
Corridor Enhancement project. (PW) APPROVED
20. Approve Change Order #9 to Kevstone Excavators. Inc. of Oldsmar. Florida for the 2001
Sidewalk/Curb Replacement Contract (01-0021-EN) which increases the contract amount by
$416,300.00 for a new contract total of $1 ;698,649.10. (PW)
21. Accept a 10-foot Sanitary Easement over and across a portion of Sec. 5-29-15 conveyed
by Houshang Ghovaee for and in consideration of the sum of $1. (PW)
22. Approve the final plat for uBavwav Townhomes" located on Bavwav Boulevard
approximately 1,300 feet east of the intersection of Hamden Drive and Gulfview Boulevard.
(PW)
23. Approve the final plat for "Sunshine Apartments" located approximately 1,100 feet south
of the intersection of Missouri Avenue and Druid Road. (PW) ,
24. Approve the McKim & Creed Work Order for Enqineerinq Services for the Northeast Filter
and Marshall Street Blower Motor Control Centers (MCC) Rehabilitation in the amount of
$118,300. (PW)
25. Approve Commission Policies
OTHER ITEMS ON CITY MANAGER REPORT
26. Adopt Res. 03..29 to approve a Joint Project Aareement with the State of Florida's
Department of Transportation (FOOT) to relocate natural qas mains durinq improvement project, .
FPN: 2571050-1-56-03/WPI No. 7117138/SPN: 15120-3527/Pinellas County, SR 688, ,
(Ulmerton Road)/from Oakhurst to 119th Street, at an estimated cost of $321.160.50, rescinding
Resolution 03-06. (eGS)
ACTION: Approved. Resolution Adopted.
27. Adopt Res. 03-30 to approve the State of Florida Department of Transportation contract
renewal for sweeping State roadways. (PW)
ACTION: Approved. Resolution Adopted.,
28. IAFF Union Negotiations Update
ACTION: Given.
29. Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
30. Other City Attornev Items
The City Attorney reported Pinellas County believes it has the authority to control liquor
sales times in the County and has requested guidance from the Council of ,Mayors regarding a
uniform ordinance. Some concerns were expressed re liquor stores being allowed to open on
Sunday. 'The Mayor will provide feedback from the next Council of Mayors' meeting.
31. City Manager Verbal Reports
The City Manager is accepting the Fire Department's first accreditation from the
Commission on Fire Accreditation International, Inc. .
Commission Action Agenda 2003-08-21
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32. Commission Discussion Items: . None.
33. Other Commission Action:
Hibbard said he enjoyed last night's High Note Society kick-off of Clearwater Jazz Holiday,
which has partnered with the City. '
Hibbard and Aunost invited residents to attend Main Street's 5th birthday party at Station
Square Park on 8/22/03 from 5:30 to 8:00 p.m.
Gray said she had attended the grand opening of the Chick-fil-A on Gulf-to-Bay Boulevard on
8/16/03, and invited residents to visit the restaurant.
Gray and Hamilton said last week's FLC conference had been productive.
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Gray said the Chamber of Commerce had hosted a good meeting at Westfield Countryside
,Shoppingtown to update the public on US 19 construction. where it was reported the Drew
Street intersection will not be degraded any further. Jonson thanked the mall for hosting the
event and making improvements.
Jonson requested the Mayor share important issues discussed at Council of Mayor's
meetings. ,
, Jonson reviewed PSTA updates: 1) millage rate will not change; 2) new express Route 300X
from Ulmerton Road to downtown Tampa guarantees riders a way home up to 8 times a year;
and 3) Route 80 will begin using trolley equipment tomorrow.
Jonson congratulated Seminole Mayor Dottie Reeder for being elected as FLC president.
Jonson requested that citizens pick up trash.
. Aungst announced public meetings are scheduled at Ross Norton Recreation Center,on
8/23/03 at 9:00 a.m. regarding the Skate/BMX Park and at 11 :00 a.m. regarding the Aquatic
Center.
Aunost reported the last game to be played' at Jack Russell Stadium ,will be on 8/23/03 at
7:00 p.m.
Aunost indicated a second Skate/BMX Park public meeting is scheduled at Ross Norton
Recreation Center on 8/25/03 C!t 7:00 p.m.
Aunost said the next Work Session is scheduled for 9/2/03 at 9:00 a.m.
34. Adiournment - 8:19 p.m.
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Commission Action Agenda 2003-08.21
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CITY COMMISSION MEETING
CITY OF CLEARWATER
August 21 t 2003
Present: Brian J. Aungst
Hoyt P. Hamilton
Whitney Gray
William C. Jonson
Frank Hibbard '
Ma yor/Commiss ioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present: Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
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. Commissioner Jonson
offered the invocation. The Mayor led the Pledge of Allegiance.
3. Service Awards
,One service award was presented to a City employee.
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4. Introductions. Awards and Presentations
. a) 2003 State Legislative Wrap-Up - Representative ~us Bilirakis -. None.
b) Tampa .say Regional Planning Council'
TBRPC (Tampa Bay Regional P,lanning Council) Chairman and Pinellas County
Commissioner Barbara Sheen Todd presented the City with the council's Todd Mcintosh Award
for the City's'North Greenwood beautification project. She reviewed the many interests. '
responsibilities, and successes of TBRPC, and thanked Commissioners Jonson and Hibbard for
their participation and leadership. It was stated the organization allows communities to share
information regarding common problems and work together to attract busi,ness and economic
develop'ment.
5. Approval of Minutes
,
, Commissioner Jonson moved to approve the minutes of the regular meeting of August 7,
2003, as recorded and revised by the City Clerk and submitted to each Commissioner. The
motion was duly seconded and carried unanimously.
6. Citizens to be heard re items not on the AQenda:
Tom Sehlhorst announced formation of a group, "Businesses in Tra~sition,n and invited
interested persons to join.
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Commission 2003-08-21
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Betty Faller and Anne Garris appreciated the Commission's consideration of retaining
the Clearwater Beach Library. '
Four people supported fluoridation of the County's water supply and 11 opposed it.
Warren McKinley requested someone look into the City razing his house following a fire.
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Sean Lawnsdalecomplained about homelessness, prostitution, and drug dealing in
downtown and North Greenwood
PUBLIC HEARINGS
7. Public Hearinq - Declare as surplus for the purpose of offerinQ for sale the West 399.78-foot
portion of the 50-foot former railroad easement abutting the south property line of Lot 15,
Clearwater Industrial Park, the same having been vacated upon adoption of Ordinance Number
7140-03, for the minimum bid amount of $40,000. (PW)
, The City's 1957 platting of Clearwater Industrial Park Subdivision included an
unnumbered platted lot identified as a 50-foot wide "RR Easement'l adjacent to the Seaboard
Coast Line Railroad (no~ CSX) right-of-way between Sunshine Drive and Belcher Road. The
parcel was intended to provide connection from the main CSX railroad line to a 42-foot wide
dedicated railroad easement established for a spur line to loop through the subdivision all the
way to Hercules ,Avenue. The 'spur line never was developed and the dedicated easement '
traversing the subdivision was vacated in 1997.
'An existing rail spur extends from the CSX right-of-way through the easterly limits of the
platted easement. That portion of the easement will remain. The vacated subject portion of the
easement is unutilized, overgrown, and an attractive public nuisance.
Adoption of Ordinance #7140-03. vacating the subject portion of the easement, releases
its encumbrance from the City's fee simple title interest in the parcel. Engineering review
foresees no future public need for the parcel other than the utility easement rights reserved to
the City. The abutting property owner has expressed interest in acquiring the parcel to facilitate
expansion plans.
James ,M. Millspaugh, MAl, in his appraisal of the parcel on March 12, 2003 estimated
the value of the City's fee simple interest to be $40,000 (52 per square-foot based on its
substandard size and configuration). The appraiser anticipates the abutting property owner
would be the likely purchaser because of the parcel's limitations
Commissioner Hamilton moved to declare as surplus for the purpose of offering for sale
by Invitation For Bid Number 37-03 the West 399.78 foot portion of the 50-foot former railroad
. easement abutting the south property line of Lot 15, CLEARWATER INDUSTRIAL PARK, the
, same having been vacated upon adoption of Ordinance Number 7,140-03, for the minimum bid
amount of $40,000. The motion was duly seconded and carried unanimously.
Commission 2003-08-21
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8, Downtown Plan
,Commissioner Hibbard moved to continue Item 8 to September 4, 2003. The motion
was duly seconded and carried unanimously.
9. Public Hearin~ and First ReadinQ Ordinance Nos, 7155-03, 7156-03 and 7157';03 -
Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residential
Low (Rl) and Zoninq Atlas Amendment from County R.3, Sinqle-Family Residential District. to
City Low Medium Density Residential (LMDR) for property located at 1856 East Drive (Lot 7,
Clearwater Highlands Unit A, Blk S, Lot 7. Sec. 2-29-15) (Ljuljic). ANX2003-05010 (PLD)
The subject property at 1856 East Drive is on the west side of the street, approximately
240 feet south of Sunset Point Road. The applicant is requesting this annexation to receive City
. sewer service. The property is contiguous with the existing City boundaries to the south;
therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary
annexation. It is proposed that the abutting right.of.way not currently within the City limits also
be annexed. The subject site is approximately 0.22~acre in area and is occupied by an existing
single.family detached, dwelling. It is proposed that the property have a Future Land' Use Plan
designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density
Residential. '
The Planning Department determined that the proposed annexation is consistent with
the 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. 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.
Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas
Amendment from County R-3. Single-Family Residential District, to City Low Medium Density
Residential (LMDR) for property located at 1856 East Drive (Lot 7, Clearwater Highlands Unit
"'A" in Section 2. Township 29 South and Range 15 East). The motion was duly seconded and
carried unanimously. '
Ordinance #7155-03 was presented for first reading and read by title only.
Commissioner Gray moved to pass Ordinance #7155-03 on first reading. The motion was duly
seconded and upon roll call, the vote was: ' .,
"Ayes": Gray. Hamilton, Jonson. and Hibbard.
ItNays": None.
Absent: Aungst.
Ordinance #7156-03 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7156.03 on first reading. The motion was
duly seconded and upon roll call, the vote was: .
Commission 2003-08~21 '
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, "Ayes": Gray, Hamilton. Jonson. and Hibbard.
"Nays": None.
Absent: f\ungst.
Ordinanc~ #7157-03 was presented for first reading and read by tiUe only.
Commissioner Jonson moved to pass Ordinance #7157-03 on first reading. The motion was
duly seconded and upon roll calli the vote was: '
"Ayes": Gray, Hamilton, Jonson. and Hibbard. .
"Nays": None.
Absent: Aungst.
1 O. Public HearinQ and First Readin~ Ordinance Nos. 7158-03 'and 7159-03 - Land Use
Plan Amendment from Commercial General (CG) to Residential Urban (RU) and a Zoninq Atlas
Amendment from the C. Commercial District to Low Medium Density Residential (LMDR) for
property located at 1120 Woodlawn Street (Lots 1 through 12, inclusive, Blk B and Lots 21, 22,
23 and 24,' Blk A, and the West Y'2 of vacated Tioga Avenue, lying east of Lots 21, 22, 23 and
24, Btk A, Harvey Park Sub, Sec. 22-29-15) (Largo Housing Dev Corp & Tampa Bay
Community Dev Corp). 'LUZ2003-05003 (PLD)
This site is on the north side of Woodlawn Street, approximately 250 feet east of Martin
Luther King Jr. Avenue. The application involves two vacant parcels of land, approximately
0.g8-acre in area. Both parcels have a Future Land Use Plan designation of Commercial
General (CG) and a zoning classification of C, Commercial. The applicant is requesting to
amend the Future Land Use Plan designation of these parcels to the Residential Urban (RU)
category and to rezone them to the LMDR, Low Medium Density Residential District to develop
this site, along with two residentially designated parcels to the north. with single-family dwellings
for low-income residents.
, The Planning Department determined the proposed Land Use Plan amendment and
rezoning applications are consistent with standards specified in the Community Development
Code: 1) proposed Land Use Plan amendment and rezoning applications are consistent with the
Comprehensive Plan; 2) the potential range of uses and the current use are compatible with the
surroundin'g area; 3) sufficient public facilities are available to serve the property; and 4) the
~pplications will nothave an adverse impact on the natural environment.
, Commissioner Gray moved to approve a Land Use Plan Amendment from Commercial
General (CG) to Residential Urban (RU) and a Zoning Atlas Amendment from C, Commercial
District to LMDR, Low Medium Density Residential for property located at 1120 Woodlawn
Street (Lots 1 through 12, inclusive, Blk B and Lots 21, 22,23 and 24, Blk A.' and the West Y'2 of
, vacated Tioga Avenue, lying east of Lots 21, 22, 23 and 24. Blk A, Harvey Park Subdivision,
Sec. 22~29-15>,. The motion was duly sec,?nded and carried unanimously. ' '
Commission 2003~08-21
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Ordinance #7158-03 was presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7158-03 on first reading. The motion was
duly seconded and upon roll call. the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard. and Aungst.
"Nays": None.
Ordinance #7159-03 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7159-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes":' C;;ray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
11. Public HearinQ and First Readi n~ Ordinance Nos. 7160-03. 7161-03. 7162-03 -
Annexation. Land Use Plan Amendment to Residential/Office General (R/OG) and Zoning Atlas
Amendment to Office (0) for property located at the northwest corner of the Allen Avenuel ,
McMullen-Booth Road intersection, consisting of 5 parcels together with a portion of the 30-foot
right-of-way along Allen Avenue, consisting of Lots 4-17 together with Lots 12-15, Blk 4, and
part of Lots 9-11 with a portion of Lot 8, Blk 4, Acker's Sub, together with the abutting right-of-
way along Charles Avenue and Public Hearin~ & First ReadinQ Ordinances 7166-03 and
7168-03 - Land Use Plan Amendment to Residential/Office General (R/OG) and Zoning Atlas
Amendment to Office (0) for property located at the northwest corner of the Allen Avenuel
McMullen-Booth intersection consisting of a portion of Lots 6-13, Blk 4. consisting of 3 parcels,
together with a portion of the 3D-foot wide right-of-way for Allen Avenue, Acker's Sub together
with abutting right-of-way along Charles Avenue (Hupp/McMullen). ANX2003-0S011 and
L UZ2003-05004 '(P LD)
The subject site is comprised of five parcels of land, 1.9S acres in area. located at 3080'
Allen Avenue, at the northwest c'orner of McMullen-Booth Road and Allen Avenue. The
annexation, land use plan amendment, and rezoning ,is requested by the applicant, Robert Hupp
and Allen McMullen, who intend to construct offices on this site. The annexation will enable the
applicant to receive solid waste and sanitary sewer service. The required impact fees will be
paid at th~ ,time building permits are issued. Approval of this request would allow the developer
to consolidate the entire site, totaling 1.95 acres, in the Residential/Office General (R10G) future
'land use plan category and the ,0. Office zoning district.
The Planning Department determined that the proposed annexation is consistent with
the 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 Citis Comprehensive Plan, the Countywide Plan. the
Community Development Code and Pinel/as 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.
Commissiof'l2003-08-21
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Commissioner Gray moved to approve the Annexation, Land Use Plan Amendment from
Preservation (P) to Residential/Office General (R10G), and Zoning Atlas Amendment from P~1,
General Professional Offices (County) to the 0, Office District for property located at 3080 Allen
Avenue, consisting of Lots 4 through 15. Acker's Subdivision, in Section 28, Township 28,
South, Range 16 East. The motion was duly seconded and carried unanimously.
The City Attorney reported there may be a legal description issue that will be addressed
if needed. ' .
Ordinance #7160-03 was presented for first reading and read by title. only.
Commissioner Hibbard moved to pass Ordinance #7160~03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
,"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
,"Nays": None.
, Ordinance #7161-03 was presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7161-03 on ,first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
IINaysll: None.
Ordinance #7162-03 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7162-03 on first reading. The motion was
duly seconded. and upon roll 'call, the vote was:
IIAyes": Gray, Jonson, Hibbard, and Aungst.
IINays": None.
Absent: Hamilton.
Ordinance #7166-03 was presented for first reading and read by title only.
Commissioner Gray moved to pass Ordinance #7166-03 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
Ordinance #7168~03 was presented for first reading and read by title only. , .
'Commissioner Hibbard moved to pass Ordinance #7168-03 on first reading. The motion was
duly seconded and upon roll call, the vote wa,s:
ItAyeslt: Gray, Hamilton, Jonson, Hibbard, and Aungst.
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Public Hearing - S~cond Reading Ordinances
12. Ord. 7164-03 - Approve the applicant's request to vacate a drainaQe and utilitv easement
and a sanitary easement portion in Sec 19-29-16. (V2003-09 KB Home Tampa, LLC)
Ordinance #7164-03 was presented for second reading and read by title only.
Commissioner Hamilton moved to pass and adopt Ordinance #7164-03 on second and final
reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard. and Aungst.
"Nays": None.
13. Ord. 7165-03 - Approve the applicant's request to vacate Penmar Drive riqht-of-wav from
the easterly riqht-of-way line of Bayview Avenue to the easterly terminus of Penmar Drive right-
of-way, and retain a drainage and utility easement over the entire width of the right-of-way to be
vacated. (V2003-10 Our Lady of Divine Providence)
Ordinance #7165-03 was presented for second reading and read by title only.
Commissioner Jonson moved to pass and adopt Ordinance #7165-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson. Hibbard, and Aungst.
"Naysll: None.
14. Ord. 7182-03 to approve amendment to Chapter 51. Section 51.08 of the Code of
Ordinances to provide for the use of newly released flood insurance rate maps.
Ordinance #7182-03 was presented for second reading and read by title only.
Commissioner Gray moved to pass and adopt Ordinance #7182-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonsont Hibbard, and Aungst.
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"Naysll; None.
CITY MANAGER REPORTS
CONSENT AGENDA {Items #15-25} - Approved as submittedt less #1 9.
Consent Agenda ite~s 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.
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15. Approval of Purchases per Purchasing Memorandum:
1) Pinellas County Solid Waste Management Department. St. Petersburg. Florida - Waste
disposal service during the contract period 9/1/03 through 8/31/05 in the amount of $383,000,
(PW)
2) Gallagher Bassett Services, Itasca, Illinois - Claims paid by the City's third party
administrator to claimants and their medical providers during the period 10/1/03 through 9/30/04
in the amount of 5550.000. (FN)
16. Approve a Natural Gas Service AQreement with Peoples Gas System and authorize the
Gas System Managing Director to enter into future interconnection points under this Agreement.
(CGS) ,
17. Approve a Quit-Claim Deed. Bill of Sale and a five-year fundinQ aqreement from October 1 ,
2003 throuQh September 30, 2008, with five, five-year renewable options, between the City of
Clearwater and the Pine lias Community Center. Inc., including approval of 7.9 new FTEs, for
the management, maintenance, and operation of the Long Center. (PR)
18. Approve amendment to Florida Department of Environmental Protection (FDEP)
cooperative funding aQreement #W AP050 in the amount of $2,000,000 to share the cost in
implementation of the Lake Bellevue Stormwater Improvement project. (PW) ,
19. See paqe 9.
20. Approve ChanQe Order #9 to Keystone Excavators, Inc. of Oldsmar, Florida for the 2001
Sidewalk/Curb Replacement Contract (01-0021-EN) which increases the contract amount by
$416.300 for a new contract total of $1 ,698,649.10. (PW)
21. Accept a 10~foot Sanitary Easement over and across a portion of Sec. 5-29-15 conveyed
bv HoushanQ Ghovaee for and in consideration of the sum of $1. (PW)
22. Approve the final plat for "Bavwav Townhomes" located on Bavwav Boulevard .
approximately 1,300 feet east of the intersection of Harnden Drive and Gulfview Boulevard.
(PVV) . '
23. Approve the final plat for "Sunshine Apartments" located approximately 1,100 feet south
of the intersection of Missouri Avenue and Druid Road. (PW) ,
24. Approve the McKim & Creed Work Order for Enqineerinq Services for the Northeast Filter
and Marshall Street Blower Motor Control Centers (MCC) Rehabilitation in the amount of
S 118,300. (PW)
25. Approve Commission Policies
Commissioner Jonson moved to approve the Consent Agenda as submitted less Item
#19,and that the appropriate officials be,authorized to execute same. The motion was duly
seconded and carried unanimously.'
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19. Approve ChanQe Order #5 to Kevstone Excavators. Inc. of Oldsmar. Florida for the
Mandalav Avenue/Papaya St.lSan Marco Reconstruction contract to complete Phase II of
the MLK (North Greenwood) Corridor Enhancement project (01-0029.EN) increasing the
contract amount by $229,390.56 for a new contract total of $3.458.093.97; approve a time
extension of 150 days; approve funding for a 10% contingency of $22,939.05 within the MLK
Corridor Enhancement project. (PW)
On November 15, 2001. the City Commission approved the original contract for
$1.747,000. On July 18. 2002, the City Commission approved Change Order #1 for an
additional S935,243.53 and a 90-day time extension for the Contractor to perform the
replacement of the main water line and additional work along Mandalay Avenue.
Change Order #2 was approved administratively for an additional $153,791.69. including
a net deduction in the water main items. Change Order #2 provided for the Contractor to
remove and replace the existing concrete road base along with additional storm drainage and
utility conduits on Mandalay Avenue. '
On November 7. 2002. the City Commission approved Change Order #3 for an
additional $163,281.82 providing for this Contractor to perform the demolition and removal of
the roundabout fountain at the entrance to Clearwater beach.
, Change Order #4 was approved administratively for an additional $229,386.37 providing
payment to the Contractor for additional storm drainage pipe & structures and rebuilding the
road base at the Baymont StreetlMandalay Avenue intersection. concrete curb, and brick
pavers for a truck apron around the inside of the roundabout and additional parking spaces on
Baymont Street.
Change Order #5 will provide payment to the Contractor for additional work for the
Phase II portion of the North Greenwood Streetscape Project. Work includes medians, traffic
separators, roadwork sidewalk work, straight curb, site furnishings, landscaping, irrigation, and
gateways. '
Nine residents requested the City be more supportive of those impacted by the project
and supported completion of the project as soon as possible. '
Damages possibly related to construction of Phase I were referred to Risk Manager
Sharon Walton for resolution. It was recommended the construction schedule. with projected
dates of actions. be distributed to the community.
Commissioner Jonson moved to approve Change Order #5 to Keystone Excavators, Inc.
of Oldsmar, Florida for the Mandalay Avenue/Papaya St./San Marco Reconstruction contract to
complete Phase II of the MLK (North Greenwood) Corridor Enhancement project (01~0029-EN)
increasing the contract amount by $229,390.56 for a new contract total of $3,458,093.97;
approve a time extension of 15,0 days; approve funding for a 100/0 contingency of $22,939.05
within the MLK Corridor Enhancement project, and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
Commission 2003.08-21
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OTHER ITEMS ON CITY MANAGER REPORT
, 26. Adopt Res. 03..29 to approve a Joint Project AQreement with the Stale of Florida's
Department of Transportation (FOOT) to relocate natural Q8S mains durino improvement proiect,
FPN: 2571050-1-56-03/WPI #7117138/SPN: 15120-3527/Pinellas County, SR 688 (Ulmerton
Road)/from Oakhurst to 119th Street, at an estimated cost of $321,160.50, rescinding Resolution
03-06. (CGS)
This JPA (Joint Project Agreement) originally was approved by the City Commission on
January 23, 2003, along with Resolution 03-06. Some errors and omissions in Resolution 03-06
were found prior to FDOT's (Florida Department of Transportation) execution of the
Agreements. After execution of the original agenda item and prior to FOOT's execution of the
,Agreements, FOOT revised the Agreement form to reflect a change in the name of the
department to which the funds are to be transferred.
Commissioner Gray moved to approve a Joint Project Agreement with the' State of
Florida's Department of Transportation to relocate natural gas mains during jmprovemen~ .
project, FPN: 2571050-1-56-03/WPI #7117138/SPN: 15120-3527/Pinellas County, SR 688 ,
(Ulmerton Road) from Oakhurst to 119lh Street, at an estimated cost of $321,160.50, rescinding
Resolution 03-06. and that the appropriate officials be authorized to execute same. The motion
was dUly seconded and carried unanimously.
Resolution #03-29 was presented and read by title only. Commissioner Hibbard moved
to pass and adopt Resolution #03-29 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
UAyesu: Gray, Hamilton. Jonson, Hibbard. and Aungst.
"Nays": None.
27. Adopt Res. 03..30 to approve the State of Florida Department of Transportation contract
renewal for sweeping State roadways. (PW)
The maintenance agreement between FDOT (Florida Department of Transportation) and
the City will expire on October 22. 2003. The contract has an annual renewal option for the
continued sweeping of 23 miles of various State roadways in 26 cycles. The City Legal Staff
has coordinated the scope of services with the FOOT representative. Renewal is subject to the
same terms and conditions of the original agreement.
FDOT Standard Agency Format requires conformance with the MUTeD (Manual of
Uniform Traffic Control Devices). The Public Services Department has the necessary
equipment to conform to the MUTeD, Le. a shadow truck with an attenuator and arrow board.
FDOT compensation for services is based on miles of sweeping completed, currently estimated
at $13,306.54 but not to exceed $25,116 annually (at $43 per mile). Operating costs to provide
these services are approximah3ty $25 per mile.
, Commissioner Hamilton moved to approve the State of Florida Department of
Transportation contract renewal for sweeping State roadways. and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
Commission 2003-08-21
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Resolution #03-30 was presented and read by title only. Commissioner Jonson moved
to pass and adopt Resolution #03-30 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
ItAyes": Gray, Hamilton, ~Jonson, Hibbard, and Aungst.
ItNays": None.
28. IAFF Union NeQotiations Update
Human Resources Director Joe Roseto reported the IAFF (International Association of .
Firefighters) had not ratified the three-year agreement as tendered. Staff does not expect a
three-year agreement can be reached. The goal now is to reach a one-:-year agreement as soon
as possible.
29. Other Pending Matters - None.
CITY ATTORNEY REPORTS
30. Other City Attorney Items
The City Attorney rep'orted Pinellas County believes it has the authority to control liquor
sales times in the County and has requested guidance from the Council of Mayors regarding a
uniform ordinance. Some concerns were expressed regarding liquor stores being allowed to
open on Sunday. The Mayor will provide feedback from the next Council of Mayors', meeting~
31. City Manager Verbal Reports
The City Manager is absent from this meeting because he is accepting the Fire
Department,'s first accreditation from the Commission on Fire Accreditation International, Inc.
32. Commission Discussion Items - None.
33. Other Commission Action
Commissioner Hibbard said he enjoyed last night's High Note,Soc!ety kick-off of
Clearwatet Jazz Holiday, which has partnered with the City.
Commissioner Hibbard and Mavor Aungst invited residents to attend Main Street's fifth
birthday party at Station Square Park on August 22, 2003, from 5:30 to 8:00 p.m.
Commissioner Gray said she had attended the grand opening of the Chick-fil-A on Gulf-
to-Bay Boulevard on August 16, 2003, and invited residents to visit the restaurant.
,Commissioners Gray and Hamilton said last week's FLC (Florida League of Cities)
conference had been productive.
Commission 2003-08-21
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Commissioner Gray said the Chamber of Commerce had hosted a good meeting at
Westfield Countryside Shoppingtown to update the public on US 19 construction, where it was
reported the Drew Street intersection will not be degraded any further. Commissioner Jonson
thanked the mall for hosting the event and making improvements.
Commissioner Jonson requested the Mayor share important issues discussed at Council
of Mayor1s meetings.
Commissioner Jonson reviewed PST A (Pinellas Suncoast Transit Authority) updates: 1)
millage rate will not change~ 2) new express Route 300X from Ulmerton Road to downtown
Tampa guarantees riders a way home upto 8 times a year; and 3) Route 80 will begin using
,trolley equipment tomorrow.
Commissioner Jonson congratulated Seminole Mayor Dottie Reeder for being elec~ed as
FLC president.
Commissioner Jonson requested that citizens pick up trash.
Mavor Aunqst announced public meetings are scheduled at Ross Norton Recreation
, Center on August 23, 2003 at 9:00 a.m. regarding the SkatefBMX Park and at 11 :00 a.m.
regarding the Aquati~ Center. '
Mayor AunQst reported the last game to be played' at Jack Russell Stadiu'm will ,be on
August 23, 2003 at 7:00 p.m.
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Mayor Aunqst indicated a second Skate/BMX Park public meeting is scheduled at Ross
Norton Recreation Center on August 25, 2003 at 7:00 p.m.
, Mayor AunQst said the next Work Session is scheduled for September 2,2003 at 9:00'
a.m.
34. Adjournment
The meeti~g adjourned at 8: 19 p.m.
,. Attest:
Jm~~
~"d;..-Lt., City ctfer ' ,
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