01/15/2004
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CITY COMMISSION MEETING
CITY OF CLEARWATER
January 15, 2004
Present: Brian J. Aungst
Hoyt P. Hamilton
William C. Jonson
Frank Hibbard
J. B.Johnson
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also Present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
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. Louis Johnson of
Missouri Avenue Baptist Church offered the invocation. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
3.
Service Awards - None.
4. Introductions. Awards and Presentations
a. Home of the Quarter
. Four Home of the Quarter awards were presented.
b. Noise Abatement Task Force update
Noise Abatement Task Force Members Sandra Curry and J. B. Johnson reported on the
work of the task force. There may be a GPS system that will allow a better flight path. They
felt prohibiting flights from 11 :00 p.m. to 6:00 a.m. and enforcing the North Bay approach, when
conditions permit, will alleviate many of the problems. They reported progress is being made
and the County, airport administration, and Task Force are listening to concerns and
addressing issues.
5. Approval of Minutes - Reaular Meetina December 18. 2003. and Special Meetina
December 30.2003
Commissioner Hibbard moved to approve the minutes of the regular meeting of
December 18, 2003, and the special meeting of December 30, 2003, as recorded and
submitted in written summation by the City Clerk to each Commissioner. The motion was duly
seconded and carried unanimously.
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6.
Citizens to be heard re items not on the AQenda
John Doran said it was good to see former Commissioner J. B. Johnson on the dais
again. He said when he visited London last month all their roundabouts were working.
PUBLIC HEARINGS
7. Public HearinQ & First Readinq Ordinance #7233-04 - Approve the applicant's request to
vacate all street riqhts of way and easements as dedicated on the plat of Chesapeake Villas, as
recorded in Plat Book 70. Paqe 42 of the Official Records of Pinellas County. Florida less and
except any portion of Bawiew Avenue and vacate all easements and street riQht of way
portions contained in a parcel of land Qenerally bounded on the west by Bawiew Avenue. on
the north by Drew Street. on the east by McMullen Booth Road, and on the south by Cleveland
Street and VirQinia Avenue. said parcel more particularly described in the proposed ordinance.
(V2003-04 - First Baptist Church)
The applicant is seeking to vacate all street rights-of-way and easements located within
the 27 -acre parcel to facilitate the construction of a new Calvary Baptist Church.
Current plans submitted by the Calvary Baptist Church include a 1 ,916-seat worship
center with a three-story preschool/youth administration building. 'Planning, Police, Building,
Solid Waste, Traffic, Gas and Fire officials have no objections to the vacation request.
Progress Energy, Verizon Media Ventures, Bright House Cable and Verizon has no
objections to the vacation request.
The City of Clearwater presently has sanitary sewer, storm water, water and gas
facilities on the subject property.
The City of Clearwater will require that easements be provided over all new and existing
City utility facilities that will be City owned and maintained.
Public Works Administration has no objections to the vacation request.
Commissioner Hamilton moved to approve the applicant's request to vacate all street
rights-of-way and easements as dedicated on the plat of Chesapeake Villas, as recorded in Plat
Book 70, Page 42 of the Official Records of Pinellas County, Florida less and except any
portion of Bayview Avenue and vacate all easements and street right-of-way portions contained
in a parcel of land generally bounded on the west by Bayview Avenue, on the north by Drew
Street, on the east by McMullen-Booth Road, and on the south by Cleveland Street and Virginia
Avenue, said parcel more particularly described in the proposed ordinance (V2003-04 First
Baptist Church of Clearwater, Inc.). The motion was duly seconded and carried unanimously.
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. Ordinance #7233-04 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7233-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
8. Public Hearina & First ReadinQ Ordinances #7218-04, #7219-04 and #7220-04 -
APPROVE the Petition for Annexation. Land Use Plan Amendment from County Residential
Low (Rl) to City Residential Low (Rl) and ZoninQ Atlas Amendment from the County R-3.
Sinale-Family Residential District. to the City LMDR. Low Medium Density Residential District
for 1813 Brentwood Drive (Lot 8. Lake Lela Manor in Sec. 24-29-16). ANX2003-09023
(Serafino Caraco)
The subject property is at 1813 Brentwood Drive, on the south side of the street
approximately 180 feet east of South Keene Road and 110 feet north of Lakeview Road. The
applicant is requesting this annexation in order to receive City sewer service. The property is
contiguous with the existing City boundaries to the north and west; therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject
site is approximately 0.23-acres 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 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 this proposed annexation at its regularly
scheduled meeting on December 16, 2003 and unanimously recommended approval.
Commissioner Hibbard 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 the County R-3, Single-Family Residential District, to the City LMDR, Low
Medium Density Residential District for 1813 Brentwood Drive (Lot 8, Lake Lela Manor in Sec.
24-29-16). ANX2003-09023 (Serafino Caraco). The motion was duly seconded and carried
unanimously.
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. Ordinance #7218-04 was presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7218-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
Ordinance #7219-04 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7219-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
Ordinance #7220-04 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7220-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
. 9. Public Hearinq & First Readinq Ordinances #7221-04, #7222-04 and #7223-04 -
APPROVE the Petition for Annexation. Land Use Plan Amendment from County Residential
Urban (RU) to City Residential Urban (RU) and Zoninq Atlas Amendment from the County R-3.
Sinole-Family Residential District. to the City LMDR. Low Medium Density Residential District
for 309 and 323 Meadow Lark Lane and 3040 Carolina Avenue (Lots 1-6. Block 6. Bay View
City Subdivision in Sec. 07-29-16); ANX2003-09024 (Crum Properties. LLC)
The subject site is on the east side of Meadow Lark Lane at 309 and 323 Meadow Lark
Lane and 3040 Carolina Avenue, approximately 350 feet north of Gulf-to-Bay Boulevard and
560 feet west of McMullen-Booth Road. The site consists of four parcels totaling 1.2-acres and
contains an unoccupied single-family detached dwelling and an existing office. The existing
office use located on the subject site will be a non-conforming use in the LMDR zoning district
and cannot be expanded. However, the applicant is requesting this annexation in order to
redevelop the property with an accessory parking facility for its adjacent, existing office use to
the south. This use may be allowed in the LMDR District only through a flexible development
application approved through the Community Development Board. The property is contiguous
with the existing City boundaries to the north, south and west; therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. It is
proposed that the abutting Tennessee Avenue, Carolina Avenue and Bay Street rights-of-way
not currently within the City limits also be annexed. The applicant is requesting that the
property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning
category of LMDR, Low Medium Density Residential.
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The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
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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 this proposed annexation at its regularly
scheduled meeting on December 16, 2003 and unanimously recommended approval.
Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning
Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR,
Low Medium Density Residential District for 309 and 323 Meadow Lark Lane and 3040 Carolina
Avenue (Lots 1-6, Block 6, Bay View City Subdivision in Sec. 07-29-16); ANX2003-09024
(Crum Properties, LLC). The motion was duly seconded and carried unanimously.
Ordinance #7221-04 was presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7221-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
Ordinance #7222-04 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7222-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
Ordinance #7223-04 was presented for first reading and read by title only.
Commissioner Johnson moved to pass Ordinance #7223-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
10. Public HearinQ & First Readina Ordinances #7224-04 and #7225-04 - APPROVE a Land
Use Plan Amendment from the Industrial Limited (Ill cateQorv to the Commercial General (CG)
cateQorv and a ZoninQ Atlas Amendment from the IRT, Industrial Research Technoloav District
to the C, Commercial District for property located at 1219 South Fort Harrison Avenue, 509
Jeffords Street and 508 & 512 Grand Central Street (Lot 7 and the North 50 feet of Lot 8, Block
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6; Lots 5 & 6. Block 6; Lots 1-4. Block 6. Milton Park Subdivision in Sec. 21-29-15). LUZ2003-
09008 (O'Keefe's. Inc./G. Anthonv Du Quesnay)
The Future Land Use Plan amendment and rezoning application involves four parcels of
land, approximately 1.46-acres in area and is occupied by a restaurant use, with an accessory
office and storage use. When the restaurant use was established in 1961 the site was zoned
CG, Commercial General on the front portion of the site and IL, Industrial Limited on the rear
portion and restaurants were permitted in these districts. In 1985, the City adopted revisions to
its Land Development Code and the entire site was reclassified to the IL, Industrial Limited
zoning district and the restaurant was permitted in this District as well. In 1999, the City
adopted a new Community Development Code and the site's zoning designation was
reclassified to the IRT, Industrial Research Technology District. Restaurants are not permitted
in this zoning district; therefore the existing main use of the property was rendered
nonconforming. The applicant is proposing to amend the Future Land Use Plan designation of
this property from the Industrial Limited (IL) category to the Commercial General (CG) category
and to rezone it from the IRT, Industrial Research Technology District to the C, Commercial
District to render this site conforming. The applicant ultimately plans to submit a development
application for the construction of an outdoor seating area.
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 applications are
consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are
compatible with the surrounding area; and 3) Sufficient public facilities are available to serve the
property.
The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
as the Countywide Planning Authority. Due to the size of the plan amendment site, review and
approval by Florida Department of Community Affairs is not required.
The Community Development Board reviewed this application on its consent agenda,
without opposition, at its December 16, 2003 meeting and unanimously recommended
approval.
Commissioner Hibbard moved to approve a Land Use Plan Amendment from the
Industrial Limited (IL) category to the Commercial General (CG) category and a Zoning Atlas
Amendment from the IRT, Industrial Research Technology District to the C, Commercial District
for property located at 1219 South Fort Harrison Avenue, 509 Jeffords Street and 508 & 512
Grand Central Street (Lot 7 and the North 50 feet of Lot 8, Block 6; Lots 5 & 6, Block 6; Lots 1-
4, Block 6, Milton Park Subdivision in Sec. 21-29-15). LUZ2003-09008 (O'Keefe's, Inc./G.
Anthony Du Quesnay). The motion was duly seconded and carried unanimously.
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Ordinance #7224-04 was presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7224-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
Ordinance #7225-04 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7225-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
11. Public Hearino & First Readino Ordinances #7226-04 and #7227-04 - APPROVE a Land
Use Plan Amendment from the Residential Low Medium (RLM) cateoorv to the Commercial
General (CG) cateqorv and a Zonino Atlas Amendment from the MHP, Mobile Home Park
District to the C, Commercial District for property located at 2261 Gulf-to-BaY Boulevard (A
portion of M&B 32/121 in Sec. 18-29-15). LUZ2003-09009 (Georoe & Marqaret Brunino,
TRE/Eva Brunino/Georqia V. Lenard, TRE/Ralph & Jean Enolert-Trust)
The Future Land Use Plan amendment and rezoning application involves one vacant
parcel of land, approximately 1.31-acres in area. The site has a Future Land Use Plan
designation of Residential Low Medium (RLM) and a zoning classification of MHP, Mobile Home
Park. The applicant is requesting to amend the Future Land Use Plan designation to the
Commercial General (CG) category and to rezone it to the C, Commercial District to develop a
retail center on the site. Although the proposed Future Land Use Plan category could generate
an increase in PM Peak Hour traffic on this segment of Gulf-to-Bay Boulevard by 66 trips, the
traffic generated by this plan amendment is projected to be less than a 1 % increase and would
not result in the degradation of the existing LOS (Level of Service) to the surrounding road
network as the number of trips possibly generated by this application are deminimus when
compared to existing traffic volumes on Gulf-to-Bay Boulevard. At the time a development
application is submitted, the traffic generation associated with the application will be analyzed to
ensure transportation concurrency is met.
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 applications are
consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are
compatible with the surrounding area; and 3) Sufficient public facilities are available to serve the
property.
The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
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as the Countywide Planning Authority. Due to the size of the plan amendment site, review and
approval by Florida Department of Community Affairs is not required.
The Community Development Board reviewed this application on the consent agenda,
without opposition, at its December 16, 2003 meeting and unanimously recommended
approval.
Commissioner Johnson moved to approve a Land Use Plan Amendment from the
Residential Low Medium (RLM) category to the Commercial General (CG) category and a
Zoning Atlas Amendment from the MHP, Mobile Home Park District to the C, Commercial
District for property located at 2261 Gulf-to-Bay Boulevard (A portion of M&B 32/121 in Sec. 18-
29-15). LUZ2003-09009 (George & Margaret Bruning, TRE/Eva Bruning/Georgia V. Lenard,
TRE/Ralph & Jean Englert-Trust). The motion was duly seconded and carried unanimously.
Ordinance #7226-04 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7226-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
Ordinance #7227-04 was presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7227-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, and Johnson, Aungst.
"Nays": None.
12. Public Hearinq & First Readinq Ordinances #7228-04 and #7229-04 - APPROVE the
initial City Future Land Use Plan and Zoninq Atlas desianations for property located at 2301
Chautauqua Avenue (Lots 1-6. Block 42; Lots 1-26 Block 40: Lots 1-8. Block 41: Lots 1-13.
Block 43; Lot 4, Block 38. all in Unit 1. Section A Chautauqua on the Lake Sec. 32-28-16). The
Future Land Use Plan cateaories are proposed to remain the same as desiqnated in the County
and are as follows: Residential Suburban (RS), Preservation (P) and Water/Drainaae Overlay;
and the proposed initial City zonina. LUZ2003-09010 (LHD Properties. Ltd/Larrv H. Dimmitt. Jr.
TRE)
The Future Land Use Plan amendment and rezoning application involves four parcels of
land, approximately 23.01-acres in area, containing two single-family residential dwellings with
accessory structures. On July 18, 2002, the City Commission annexed this site into the City
limits (ANX 02-02-04). The annexation application also involved a companion Future Land Use
Plan amendment and rezoning application (LUZ 02-02-02) that requested an increase in
density from 2.5 dwelling units per acre to 7.5 dwelling units per acre.
The City Commission approved a Future Land Use Plan amendment to 5.0 dwelling
units per acre, however, that application was denied by the Board of County Commissioners.
As a result of the denied application, the site was annexed into City jurisdiction without an initial
City future land use plan or zoning designation.
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. The applicant is requesting the City provide initial Future Land Use Plan designations
that will remain unchanged from the current County designations of Residential Suburban (RS),
Preservation (P) and Water/Drainage Overlay and consistent zoning designations of LDR, Low
Density Residential and P, Preservation in order to develop the 23-acre site with 46 single-
family detached 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 applications are
consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are
compatible with the surrounding area; and 3) Sufficient public facilities are available to serve the
property.
The applications will not have an adverse impact on the natural environment.
As this request is only to provide initial zoning and future land use plan categories
consistent with the existing County designations, the application is not subject to approval by
the Pinellas Planning Council, Board of County Commissioners or Florida Department of
Community Affairs.
The Community Development Board reviewed this application on its consent agenda,
without opposition, at its December 16, 2003 meeting and unanimously recommended
approval.
. Commissioner Jonson moved to approve the initial City Future Land Use Plan and
Zoning Atlas designations for property located at 2301 Chautauqua Avenue (Lots 1-6, Block 42;
Lots 1-26 Block 40; Lots 1-8, Block 41; Lots 1-13, Block 43; Lot 4, Block 38, all in Unit 1,
Section A Chautauqua on the Lake Sec. 32-28-16). The Future Land Use Plan categories are
proposed to remain the same as designated in the County and are as follows: Residential
Suburban (RS), Preservation (P) and Water/Drainage Overlay; and the proposed initial City
zoning. LUZ2003-09010 (LHD Properties, Ltd/Larry H. Dimmitt, Jr. TRE). The motion was duly
seconded and carried unanimously.
Ordinance #7228-04 was presented for first reading and read by title only.
Commissioner Johnson moved to pass Ordinance #7228-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
Ordinance #7229-04 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7229-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
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"Nays": None.
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Public Hearing - Second Reading Ordinances
13. Ordinance #7214-03 - Amendina Ordinance #2779-82 creatina the Downtown Plan
Redevelopment Trust Fund and definina use of the TIFF (Tax Increment Financina Funds)
related to the Fund.
Commissioner Jonson moved to amend Ordinance #2779-03 creating the Downtown
Plan Redevelopment Trust Fund and defining use of the TIFF (Tax Increment Financing Funds)
related to the Fund. The motion was duly seconded and carried unanimously.
Ordinance #7214-03, as amended, was presented for second reading and read by title
only. Commissioner Hamilton moved to pass and adopt Ordinance #7214-03, as amended, on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
14. Ordinance #7215-03 - Approve an amendment to the approved Park Place
Development of Reaional Impact (DRn Development Order throuah the Notification of
Proposed Chanae process bv extendina the build-out date of the DRI bv five years to
December 31, 2008. (A portion of Section 17-29-16).
Ordinance #7215-03 was presented for second reading and read by title only.
Commissioner Johnson moved to pass and adopt Ordinance #7215-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 15-35) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval by a
single motion. However, any City Commissioner or the City Manager may remove an
item from the Consent Agenda for discussion and individual vote.
15. Approval of Purchases per Purchasina Memorandum:
1. Furniture Consultants, New York, New York - Furniture installation in the new Main
Library in the amount of $383,014.26. (LIB)
16. Approve Interlocal aareements with the Pinellas County Property Appraiser and the
Pinellas County Tax Collector for services related to the billina and collection of special
assessments for the burial of power lines on Sand Kev. (FN)
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17. Approve deductive chanqe order in the amount of $912.446 to the contract with Turner
Construction Company. 500 N. Westshore Blvd.. Tampa. FL for the new Main Library resultino
in a new contract amount of $11.612.214. (LIB)
18. Approve the first amendment to the lease aqreement for Thomas C. and Patricia A.
Wolkowsky d/b/al Marina Restaurant requirinq liability insurance for the sale of alcoholic
beveraqes. (MR)
19. Approve Facility Leasinq Aqreement for the Lonq Center between All Children's Hospital
and the City of Clearwater for one year with automatic renewable one-year terms. (PR)
20. Approve a ten-year aqreement from February 1. 2004 - January 31.2014. between the
City of Clearwater and the FLA Sports Production. Inc.. for the use of certain City facilities at
the Eddie C. Moore Softball Complex (fields 8 & 9). (PR)
21. Award a contract to construct the new Recreation Center and Skate/BMX Playqround at
Ross Norton Park (bid #036-0021-PR) to Anqle & Schmid Inc.. St. Petersburq. Florida for
$3.118.778 which includes base bid and alternates 1.3. 3. 3A. 9. 10. 12. 13. 14. 16: a reduction
in continqency to 2.5% and approve a chanqe order deduct in the amount of $284.072 for a net
contract amount of $2.834.706; and approve the transfer of $379.293 from other capital
improvement proiects and $40.076 from Recreation Facility Impact Fees at first quarter. (PR)
22. Approve an aqreement between the DISTRICT BOARD OF TRUSTEES OF ST.
PETERSBURG COLLEGE. FLORIDA and the CITY OF CLEARWATER. FLORIDA for cash
match fundinq of $37.230 for the period January 1. 2004 throuqh December 31.2004 for the
AmeriCorps Pinellas Proiect for support of membership. (PO)
23. Approve a contract with Bay Area Housinq and Development Corporation to sell Lot 1.
CLEARWATER ESTATES. for the total sum of $67.000. (PW)
24. Approve a contract with Suzanne Svvolavonq to sell Lot 2. CLEARWATER ESTATES.
for the total sum of $50.499. (PW)
25. Approve a contract with Evan B. Kuehn and Louis R. Fernald to sell Lots 3 and 4.
CLEARWATER ESTATES. for the total sum of $116.150. (PW)
26. Approve the Local Aqency Prooram (LAP) Supplemental Aqreement No. 3 with the
Florida Department of Transportation (FOOT) for the Clearwater Beach West Bridqe/Spur
Connector. (PW)
27. Award a contract for the PALMETTO STREET DRAINAGE IMPROVEMENTS (02-0031-
EN) to MTM Contractors. Inc. of St. Petersburo. Florida for the sum of $1.993.197.15 which is
the lowest responsible bid received in accordance with the plans and specifications. (PW)
28. Approve the final plat for "BELLEAIR COMMONS SUBDIVISION." located on the north
side of Belleair Road approximately 1/4 mile west of U.S. Hiohway 19 North. (PW)
29. Receive and File the Annual Report of Beach by Desiqn Hotel Room Density Pool.
(PLD)
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30. Review Annual Report of Transfer of Development Riahts (TORs) Pursuant to ReportinQ
Reauirement of Community Development Code. Motion: Receive and File Annual Report for
2003. (PLD)
31. Appoint Linda S. Damsky (World LanQuaae Coordinator), Robert A. Friedman
(Clearwater Arts Foundation), Richard Wisemiller (Clearwater Sister Cities) and C.E. Snedeker
(Local Business) for terms expirina 12/31/2007 and Commissioner Hamilton, to the Sister Cities
Advisory Board. (ORLS)
32. Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain, a Florida
General Partnership, conveyinQ any interest the City may have to the Sea Captain property
located at 40 Devon Street. Clearwater beach, Florida 33760. (CA)
33. Authorize the City Attorney to allocate UP to an additional $31,000 in the defense of the
City and James Wood in the case of Palisano v. City, for a total amount of $206,000. (CA)
34. Authorize the City Attorney to allocate an additional $20,000 in the defense of Donald
Brown in the case of Palisano v. City, for a total amount of $80,000. (CA)
35. Approve neaotiated aareement settlina the case of GEORGE CA TIA, Individually and
MYRTLE CATIA as natural auardian of GEORGE CATIA v. CITY OF CLEARWATER. CASE
NO: 03-6745-CT-15. (CA)
Commissioner Johnson moved to approve the Consent Agenda as submitted, and that
the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
36. Adopt Resolution #04-01 to file a demolition lien for a total cost of $4,243.01 on the
property located at 1117 TanQerine Street: LeQal Description: Greenwood Park No.2, Block D.
Lot 26 (Owners of record: Jeralne C. Burt & Sylvia R. Burt. 900 N. Betty Lane, Clearwater, FL
33755) (OS)
On May 28, 2003, the City's Building Official found the residential structure at 1117
Tangerine Street to be unsafe, unsanitary, unfit for human habitation, that it was dangerous and
detrimental to the health, safety, and general welfare of the community. The structure therefore
did not comply with the requirements of the Clearwater Unsafe Building Code. The property
owner was notified, however, the owner did not abate the unsafe conditions. After taking the
required legal steps, the City hired a contractor and the structure was demolished on August
14, 2003.
The bill to the City for the demolition work was in the amount of $4,243.01. Staff
recommends approval of attached Resolution No. 04-01, which allows a lien to be placed on the
property in the amount of $4,243.01 for the costs incurred by the City after the owner failed to
abate a dangerous residential structure at 1117 Tangerine Street.
Commissioner Hamilton moved to approve filing a demolition lien for a total cost of
$4,243.01 on the property located at 1117 Tangerine Street; Legal Description: Greenwood
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Park No.2, Block D, Lot 26 (Owners of record: Jeralne C. Burt & Sylvia R. Burt, 900 N. Betty
Lane, Clearwater, FL 33755). The motion was duly seconded and carried unanimously.
Resolution #04-01 was presented and read by title only. Commissioner Jonson moved
to pass and adopt Resolution #04-01 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
37. First readina Ordinance #7239-04. repealina the development impact fees. (DS)
The development impact fee provisions are being repealed because they are no longer
necessary. A development is now assessed impact fees in other sections of the code, which
makes this fee redundant.
Since this fee appears in the Building Fees section of Appendix A, it does not involve the
Land Development Regulations or the Community Development Board.
Commissioner Hamilton moved to approve repealing the development impact fee
provisions. The motion was duly seconded and carried unanimously.
Ordinance #7239-03 was presented for first reading and read by title only.
Commissioner Johnson moved to pass Ordinance #7239-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
38. Adopt Resolution #04-03 certifvina that Reliaious Community Services. Inc. proposed
proiect is consistent with local plans and reaulations and located within the City of Clearwater
Enterprise Zone #5202. (ED/HSG)
RCS (Religious Community Services, Inc). is applying for sponsorship under the
Enterprise Zone Community Contribution Tax Credit Program pursuant to Florida Statutes
sections 212.08 5q, 220.183 and 624.5105.
To become an eligible sponsor, a resolution from the local government is required
stating that the qualifying proposed project is located in a State designated Enterprise Zone and
is consistent with local plans and regulations including the local government's adopted
comprehensive plan.
The qualifying proposed project for this sponsorship is to purchase land and refurbish
the current Food Pantry facility located at 700 Druid Road. This project is vital to the
surrounding community. The RCS Food Pantry served more than 15,000 clients last year,
primarily single working mothers, their children and senior citizens and distributed more than
$1,800,000 worth of food.
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The Community Contribution Tax Credit Program (CCTCP) allows any business in
Florida to receive a 50% credit on their Florida corporate income tax, insurance premium tax or
sales tax refund for donations made to local community development projects. Donations must
be made to an eligible sponsor conducting an approved community development project. The
annual amount of credit granted is limited to $200,000 per firm and $10,000,000 for the State.
Once the donation has been approved by the Office of Tourism, Trade and Economic
Development, a copy of the approval letter must be submitted with the State tax return.
Commissioner Hibbard moved to approve certifying that Religious Community Services,
Inc. proposed project is consistent with local plans and regulations and located within the City of
Clearwater Enterprise Zone #5202. The motion was duly seconded and carried unanimously.
Resolution #04-03 was presented and read by title only. Commissioner Hamilton moved
to pass and adopt Resolution #04-03 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst.
"Nays": None.
39. Approve Parks and Recreation Board recommendation namino City property located
within Court Street to the south, Prospect Avenue to the west. Park Street to the north. and
Ewinq Avenue to the east. Prospect Lake Park. (PR)
The Town Lake project developed an existing pond and enlarged it to create a 3.B-acre
lake with approximately one-half acre of surrounding parkland. The lake provides flood
protection and storm water treatment for approximately 109 acres of contributory drainage area
using a combination of chemical (alum injection), physical (settling) and biological (aquatic
planting) processes.
Commission Resolution #94-12 specifies that the Parks and Recreation Board will
conduct and advertise a public hearing to consider recommendations for park names at a
regular meeting of the Board. The Board held a public meeting on November 22, 2003. The
Board received a total of four names for consideration.
Based upon the information gathered at this hearing, and on the criteria contained in the
Resolution, the Parks and Recreation Board approved a motion to recommend to the City
Commission that the names received be rejected as they were the same names that were
previously submitted and that the boards previous recommendation be reaffirmed and
submitted with the facility being named "Prospect Lake Park." The second choice was
"Clearwater Central Park."
At the May 1, 2003, City Commission meeting, the Commission requested that the
board consider having a second public hearing to generate additional naming suggestions after
reviewing suggestions generated at the March 24, 2003, public hearing on the naming of this
facility.
At the October 16, 2003, City Commission meeting, the Commission requested that the
board consider having a third public hearing to generate additional naming suggestions after
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reviewing suggestions generated at the August 25, 2003, public hearing on the naming of this
facility.
Commissioner Johnson moved to approve Parks and Recreation Board
recommendation naming City property located within Court Street to the south, Prospect
Avenue to the west, Park Street to the north, and Ewing Avenue to the east, Prospect Lake
Park. The motion was duly seconded and upon the vote being taken, Commissioners
Hamilton, Hibbard, and Johnson, and Mayor Aungst voted "Aye": Commissioner Jonson voted
"Nay." Motion carried.
40. Parks and Recreation Advisory Board - 1 Appointment
Commissioner Hibbard moved to appoint Ron Whitcomb. The motion was duly
seconded and carried unanimously.
41. IAFF Union Neootiations Update
Human Resources Director Joe Roseto reported that great progress was made during
the Special Master Meeting in December. Many issues were resolved including wages. The
Special Master accepted the union's proposal for a reduced workweek. Both the union and the
City have accepted the Special Master's recommendations. Mr. Roseto expects a ratification
vote within the next few weeks. In response to a question, Mr. Roseto said the Special Master
had been a lifelong member of the IAFF, was a IAFF union president in Chicago, and currently
is an attorney.
42.
Other Pendino Matters - None.
CITY ATTORNEY REPORTS
City Attorney Pam Akin introduced the Attorney's Office new intern from Stetson
College.
OTHER CITY ATTORNEY ITEMS
43. Citv Manaoer Verbal Reports
a. Parking on Cleveland Street
Previous direction from the Commission was to remove parking on the south side of
Cleveland Street by February 15. The Greater Clearwater Chamber of Commerce, DDB
(Downtown Development Board) and Mainstreet Joint Venture have suggested waiting until as
late in February as possible.
Concern was expressed removing the parking would create a burden for vendors on
Cleveland Street. It was reported the DDB is looking into purchasing tokens from parking
garages to give to vendors on Cleveland Street at half price, as they did last year. Further
discussion ensued with opinions being expressed the heavy seasonal traffic will begin the
weekend of the 14th. Parking will be replaced as soon as the bridge is opened.
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Commissioner Johnson moved to approve removing parking from the south side of
Cleveland Street on February 12, 2004. The motion was duly seconded and upon the vote
being taken, Commissioners Hamilton, Johnson, Hibbard, and Mayor Aungst voted "Aye";
Commissioner Jonson voted "Nay." Motion carried.
44. Other Commission Action
Commissioner Jonson expressed disappointment in the lack of landscaping proposed
for the 19/Enterprise overpass and concern that landscaping is treated differently by the FOOT
in Pinellas County than in Hillsborough County. He requested a presentation from the FOOT.
Engineering Director Mike Quillen said due to the cost of acquiring right-of-way, there is
no room for landscaping, but, FOOT has offered, when there is no room for landscaping, to
allow use of landscaping funds in another location. Discussion ensued with views being
expressed that because of the population density of Pinellas County, land acquisition is far
more expensive than in those areas where FOOT is able to accommodate landscaping. Some
felt that FOOT had already responded to these concerns and there was no need for a
presentation. Their allowing use of funds in other areas will enable the City to use these dollars
where they will have an impact.
Consensus was for the City Manager to contact District Secretary Hartman of FOOT and
report to the Commission.
Commissioner Hibbard said it was a great New Year. He hopes everyone had a safe
one. He said there were festivities at Clearwater beach. He thanked Terry Schmidt and Kevin
Dunbar and his staff for a super job. He attended the Clubhouse Estates Association meeting.
He said the Commission is available to speak at neighborhood events/meetings. He was sorry
to see former Pastor Bill Anderson of Calvary Baptist Church moving back to his hometown in
Texas. He is chairing the Relay for Life again this year. The kick-off meeting is January 27,
2004, at 5:30 p.m. at the Long Center.
Commissioner Johnson said he thoroughly enjoyed his first full meeting on the
Commission. He said the Noise Abatement Task Force is working hard for what is best for the
City.
Commissioner Jonson noted the passing of Don Engle. Mr. Engle helped the Florida
Orchestra through tough times and made great contributions to the community. He
commended Commissioner Hamilton for his work on the Pinellas Planning Council. He
congratulated Realtor Duke Tieman on his real estate award. He reminded everyone of
Neighborhood Conference February 28, 2004, at the new Community Sports Complex. The
conference is free to the public. He welcomed back J. B. Johnson.
Commissioner Hamilton said he hoped everyone had a great holiday and a Happy New
Year.
Mayor AunQst said this is a busy time of year. Martin Luther King Day activities are on
Monday. He and the City Manager will attend the Mayors' Conference next week.
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45.
Adjournment
The meeting adjourned at 7:39 p.m.
~z.~
Cit lerk
Commission 2004-01-15
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