Loading...
02/19/2004 . . . CITY COMMISSION MEETING CITY OF CLEARWATER February 19, 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 Patricia O. 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 Pastor Peter Dembroski, Hope Presbyterian 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. 3 - Service Awards: Two service awards were presented to City employees. Dawn Lakin, Public Communications, was presented the February 2004 Employee of the Month award. 4 - Introductions, Awards, and Presentations: a) Environmental Advisory Board presents award to Public Utilities Department. b) Neighborhood Matching Grant Awards were presented to the Clearwater Beach Association, Coachman Ridge, Country Club Estates, Country Club Addition, Harbor Oaks, Hillcrest Garden Club, Oak Forest and Wildwood Homeowners Association, Old Clearwater Bay Neighborhood Association, Skycrest Neighbors, Windsor Park Neighbors, and Wood Valley Neighborhood. 5 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the February 5, 2004, meeting, as recorded and submitted in written summation by the City Clerk to each Trustee. The motion was duly seconded and carried unanimously. Commission 2004-02-19 1 . . . 6 - Citizens to be heard re items not on the Aqenda: John Doran invited residents to attend the second annual Neighborhoods Conference on February 28, 2004, beginning at 8:00 a.m. at Bright House Networks Field. Jay Keyes, of the Clearwater Beach Association, invited residents to attend a Candidates Forum, to include a review of proposed referendum Charter changes, at the Clearwater Beach Recreation Center on February 24, 2004, at 7:00 p.m. PUBLIC HEARINGS 7 - Public Hearinq & First Readinq Ordinances #7240-04, #7241-04 & #7242-04- APPROVE the Petition for Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zonino Atlas Amendment from the County R-3. Sino Ie-Family Residential District. to the City LMDR. Low Medium Density Residential District for 1416 Satsuma Street (Lot 23. Hiqhland Oak Subdivision in Sec 23-29-15). ANX2003-10025 (Remzi Dalip) (PLD) The subject property at 1416 Satsuma Street is on the north side of the street, approximately 500 feet east of South Hillcrest Avenue. The applicant is requesting this annexation to receive City solid waste service. The property is contiguous with the existing City boundaries to the north; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.21 acre in area and is occupied by a 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 PPC (Pinellas Planning Council) 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 CDB (Community Development Board) reviewed this proposed annexation on January 20, 2004, and unanimously recommended approval. Commissioner Hamilton 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 1416 Satsuma Street (Lot 23, Highland Oak Subdivision in Sec 23-29-15 East). The motion was duly seconded and carried unanimously. Commission 2004-02-19 2 . . . Ordinance #7240-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7240-04 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 #7241-04 was presented for first reading and read by title only. Commissioner Johnson moved to pass Ordinance #7241-04 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 #7242-04 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7242-04 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 Readina Ordinances #7243-04. #7244-04 & #7245-04 - APPROVE the Petition for Annexation. Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zonina Atlas Amendment from the County R-3. Sinale Familv Residential District. to the City LMDR. Low Medium Densitv Residential District for 149 Bavwood Avenue (Block E. Lot 4 Eastwood Terrace 2nd Addition in See 18-29-16). ANX2003-10026 (Chunilall & Yvonne Sinah) (PLD) The subject property is on the east side of Baywood Avenue, approximately 250 feet south of Drew Street. The applicant is requesting this annexation to receive City sewer service. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.16 acre in area and is occupied by a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) 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 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 Commission 2004-02-19 3 . . . CDB reviewed this proposed annexation on January 20, 2004, and unanimously recommended approval. Commissioner Hamilton 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 149 Baywood Avenue (Block E, Lot 4 Eastwood Terrace 2nd Addition in See 18-29-16). The motion was duly seconded and carried unanimously. Ordinance #7243-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7243-04 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 #7244-04 was presented for first reading and read by title only. Commissioner Johnson moved to pass Ordinance #7244-04 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 #7245-04 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7245-04 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 #7246-04, #7247-04 and #7248-04- APPROVE the Annexation, Land Use Plan Amendment from the (RlO/R) (County), (RU) (County), Water/Drainaqe Feature (County), (CG) (City), (RLM) (City) and Water/Drainaqe Overlay (City) cateqories to the (RM) (City) and Water/Drainaqe Overlay (City) cateqories and Zoninq Atlas Amendment from CP1 District (County), the R6 District (County), the C District (City) and the MHP District (City) to the MDR District (City) for property located at 2520 Sunset Point Road and 24698 US 19 North (consistinq of a portion of Lots 6, 10, 11 & 12 in See 06-29-16. ANX2003- 1 0027/LUZ2003-1 0011 (Georqe C. Clark Investments. Ltd) (PLD) Long Range Planning Manager Gina Clayton reviewed the background. This subject site consists of two parcels of land approximately 24.05 acres in area. The entire site is located on the east and west sides of Lawson Road, north of Sunset Point Road and approximately 300 feet west of U.S. Highway 19. This annexation, land use plan amendment and rezoning is requested by the applicant in order to redevelop this Commission 2004-02-19 4 . . . existing mobile home park with a townhouse development. The applicant's representative has indicated that a Mobile Home Park Relocation Specialist has been retained to execute a resident relocation plan, as required by Florida Statute, Chapter 723, Mobile Home Park Tenancies. The existing mobile home park contains owner and renter occupied units. One of the subject parcels, 24698 US 19 North, is located in Pinellas County and the applicant is requesting the City annex it. 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, 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. Pursuant to Pinellas County Ordinance No. 00-63, the PPC and County staffs have reviewed this annexation and determined it complies with the ordinance criteria. It was stated the applicant is required to meet traffic requirements when the development plan is submitted. One resident expressed concern construction not impede access of Lawson Road by nearby residents and questioned what improvements are planned. Ms. Clayton said the developer has not filed plans but will need to improve Lawson Avenue if that road is to be used for primary access to the development. City Engineer Mike Quillen said the timing of improvements to the road would depend on the location of the project's staging area. The developer is responsible for the cost of related road improvements. Commissioner Jonson moved to approve the Annexation, Land Use Plan Amendment from the (R10/R) (County), (RU) (County), Water/Drainage Feature (County), (CG) (City), (RLM) (City) and Water/Drainage Overlay (City) categories to the (RM) (City) and Water/ Drainage Overlay (City) categories and Zoning Atlas Amendment from CP1 District (County), the R6 District (County), the C District (City) and the MHP District (City) to the MDR District (City) for property located at 2520 Sunset Point Road and 24698 US 19 North (consisting of a portion of Lots 6,10,11 & 12 in Sec 6-29-16). The motion was duly seconded and carried unanimously. Ordinance #7246-04 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7246-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Commission 2004-02-19 5 . . . Ordinance #7247-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7247-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Johnson, and Aungst. "Nays": None. Absent: Hibbard. Ordinance #7248-04 was presented for first reading and read by title only. Commissioner Johnson moved to pass Ordinance #7248-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Johnson, and Aungst. "Nays": None. Absent: Hibbard. 10 - Public Hearinq & First Readinq Ordinances #7249-04. #7250-04 & #7251-04 - 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 AE. Aqricultural Estate Residential District. to the City LMDR. Low Medium Density Residential District for 2941 and 2945 Sunset Point Road (M&B 14/09 and 14/12 in Sec 05-29-16. ANX2003-10028 (Spear & Shirley Johnson) (PLD) The subject property is located at 2941 and 2945 Sunset Point Road, at the southeast corner of Sunset Point Road and County Road 193. The applicant is requesting this annexation to receive City services and develop the site with single- family detached dwellings. The property is contiguous with the existing City boundaries to the east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 3.2 acres in area and is occupied by a 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 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 CDB reviewed this proposed annexation on January 20, 2004, and unanimously recommended approval. Commission 2004-02-19 6 . . . 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 AE, Agricultural Estate Residential District, to the City LMDR, Low Medium Density Residential District for 2941 and 2945 Sunset Point Road (Metes and Bounds 14/09 and 14/12 in Sec 5-29-16). The motion was duly seconded and carried unanimously. Ordinance #7249-04 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7249-04 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 #7250-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7250-04 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 #7251-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7251-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances 11 - Ordinance #7232-03 - Approve the applicant's reauest to vacate the 60-foot riaht- of-way of Allen Avenue from the southerly extension of the west property line of Lot 15, Block B. Ackers Subdivision to the westerly riaht-of-way line of McMullen Booth Road (C.R. 611), subiect to the retention of a drainaae and utility easement over the full width of the riaht-of-way to be vacated and vacate the three foot utility easements Iyina alona the rear lot lines of Lots 4 thru 15, inclusive. Block B, Ackers Subdivision. (A.K.A. 2730 McMullen Booth Road) (V2003-11 Hupp/McMullen) Ordinance #7232-04 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7232-04 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. Commission 2004-02-19 7 . . . 12 - Ordinance #7234-04 - Approve the applicant's reauest to vacate the 100-foot street rioht-of-way of Frances Court from the easterly riaht-of-way line of Narcissus Avenue to the westerly rioht-of-way line of Bay Esplanade subiect to the retention of a drainaae and utility easement over the full width of the riaht-of-way to be vacated. (V2003-12 Osburo) Ordinance #7234-04 was presented for second reading and read by title only. Commissioner Johnson moved to pass and adopt Ordinance #7234-04 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. 13 - Ordinance #7253-04 - Approve the applicant's reauest to vacate the 10-foot drainaae and utility easement lyina alona the north property line of Lot 2, Block "L", Oak Acres Addition Unit 3 (AKA 1706 Jeffords Street) (V2003-14 LOhss) Ordinance #7253-04 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7253-04 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 14 - 25) - Approved less Item 23. 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. 14 - Approval of Purchases per Purchasina Memorandum: 1) M T Deason Company Inc., Birmingham, Alabama - Gas Materials - 2406 PE polyethylene pipe and fittings during the contract period: March 5, 2004 through February 28,2005, in the amount of $180,000. (GAS) 15 - Reauest for authority to settle the workers' compensation claim of Claimant. Ruth Wealarz, in its entirety to include medical, indemnity, and attorney fees for the sum of $125,000. (FN) 16 - Ratify and confirm the emeraency environmental assessment. cleanup, removal and disposal of contaminated materials from the road construction proiect on Coachman Road at Joe DiMaaaio Field and approve payments of $5,909.50 to Jamson Environmental, $154.424.81 to Terra Excavatino and $156,562.52 to Pine lias County Utilities. for a total cost of $316.896.83. (PW) Commission 2004-02-19 8 . . . 17 - Award a contract for the 2004 Pipe Liner and Drainaae Improvements Proiect (02- 0093-EN) to Castco Construction of Larao. Florida for the sum of $738.203.29. which is the lowest responsible bid received in accordance with the plans and specifications. (PW) 18 - Approve an amendment to the cooperative fundina aareement for the Stevenson Creek Watershed Manaaement Plan (WMP) between the Southwest Florida Water Manaaement District (SWFWMD) and the City of Clearwater. increasina the aareement- fundina total by $3.151.120 from $3.790.000 to $7.000.120. includina an increase of the City's commitment by $1.575.560 from $1.895.000 to $3.470.560. (PW) 19 - Approve the First Amendment to the Cooperative Aareement for the Kapok Wetland and Floodplain Restoration Proiect between the Southwest Florida Water Manaaement District and the City of Clearwater for additional fundina in the amount of $500.000. (PW) 20 - Approve a work order with Parsons. an Enaineer of Record. for desian and construction services for Alliaator Creek Implementation Proiects Phase II. in the amount of $575.171. (PW) 21 - Approve the final plat for "Villa Del Sol Townhomes." located at 181 Briahtwater Drive. (PW) 22 - Approve the amendment of the Capital Improvement Proaram (CIP) to restructure current Water and Sewer Utility fundina by reducina proiect budaets by $35.245.213 of planned FY04 revenue bond proceeds. $2.479.142.46 of arant revenues from other aovernmental entities. $614.955.19 of sewer impact fees and $296.367.02 of water impact fees for a total decrease of $38.635.677.67 and increasina proiect budaets by $8.132.529.25 of utility renewal and replacement revenue. $5.926.809.53 of sewer revenue and $3.233.604.12 of water revenue for a total increase of $17.292.942.90. resultina in a net budaetdecrease of $21.342.734.77. (PW) 23 - See paae 10. 24 - Staaaer terms of the Sister Cities Advisory Board members as follows: (4-year terms expirina 12/31/07) Linda Damsky - World Lanauaae Coordinator. Robert A. Friedman - Clearwater Arts Foundation. and Richard Wisemiller - Clearwater Sister Cities: (3-year terms expirina 12/31/06) C. E. Snedeker - Local Business and Vice- Mayor Hoyt Hamilton - City Commission. (ORLS) 25 - Authorize the City Attorney to hire Thompson Sizemore & Gonzalez as outside counsel to represent the City in the case of Cynthia Jones v. City Of Clearwater and the Clearwater Police Department in the total estimated amount of $50.000. (CA) Commissioner Johnson moved to approve the Consent Agenda less Item 23 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commission 2004-02-19 9 . . . 23 - Approve an interlocal aareement with the Clearwater Community Redevelopment Aaency (CRA) reauirina the City to purchase 100 parkina spaces from Station Sauare LLC for $12.500 each for a total of $1.250.000 for public use. and the construction of defined infrastructure improvements related to Cleveland Street and Station Sauare Park: authorize payment of $1.250,000 to Station Sauare LLC for the purchase of 100 parkina spaces; authorize the establishment of a capital improvement proiect (Station Sauare Parkina Garaae) at midyear in the amount of $1.3 million. fundina to be provided from the City's Special Development Fund from funds collected and earmarked specifically for downtown parkina. (CM) On July 14, 2003, following a competitive proposal process, the Clearwater CRA (Community Redevelopment Agency) selected the Station Square LLC development corporation as the selected entity to negotiate for the redevelopment of property known as the Station Square Parking Lot. As a component of the proposal, Station Square LLC also provided additional property for the proposed project, known as the Cassano property (immediately east of the Post Office and adjacent to the Station Square Parking Lot). The total project site being proposed would total .97 acre. The proposed project will contain a maximum of 146 residential condominiums, 15,000 square-feet of restaurant/retail space and 326 parking spaces, of which, 100 will be public parking. The Developer will pay fair market value for the Station Square Parking Lot property, which is $720,000. The CRA will hold a mortgage with a 4% interest rate on the property until the developer obtains financing, at which time the developer will pay the CRA $720,000, plus accrued interest. The Developer agrees to sell back 100 parking spaces, which will be made available to the public. Through the attached interlocal agreement between the City and the CRA, the City will assume the responsibility to purchase these spaces for $12,500 per space, for a total of $1,250,000. Staff estimates that $50,000 will be needed for construction oversight regarding the public parking garage spaces, bringing the required funding to $1.3-million. A CIP (Capital Improvement Project) will be established at midyear with $1.3-million of funds available in the Special Development Fund, which were collected and earmarked specifically for downtown parking. The interlocal agreement also requires the construction of defined infrastructure improvements related to Cleveland Street and Station Square Park. Currently $3.7- million has been budgeted for this project from Penny for Pinellas, with additional funding to be allocated from CRA funds. The Developer will be allowed to use Station Square Park as a construction staging area prior to the redevelopment of the park. On January 20, 2004, the CDS reviewed the site plan and unanimously approved the project. A question was raised regarding the process and whether the right type of development to serve as a model for future projects had been achieved. It was recommended the City move carefully as it plans to invest significant funds in this project. Discussion ensued in regard to density pool allocation approval. Disappointment was expressed the CDS had not publicly discussed the amenity pool issue regarding this Commission 2004-02-19 10 . project. It was noted the Commission approves allocation of amenity pool units on the beach and concern was expressed in being consistent with these approvals. Concern was expressed the building is inconsistent with Cleveland Street's historical character. Discussion ensued regarding Downtown buildings and it was commented the design is more historical than the nearby Atrium and Bank of America buildings, citizens support the project, this project is in concert with Downtown's character, and the project has step backs designed into its fayade. Assistant City Manager Ralph Stone believed aggressive step backs would hurt the development. The project represents a unique and important opportunity for Downtown development, as it includes retail space, parking, and a ground floor restaurant. Demands by the City required some trade-offs. He noted staff worked long and hard on this project's design. Support was expressed for the project and it was commented the design is good and the project allows the City to launch the streetscape project and redesign Station Square Park. Concern was expressed regarding the provision that allows for a less desirable use for the restaurant space if one is not found within a year. . Ms. Tarapani said during discussions of the Downtown Plan, the Commission indicated they did not support any particular architectural style for Downtown redevelopment. She said a new building needs to be a product of its time. She said staff met many times with the developer who addressed all staff concerns regarding the project's design. The site plan has a high quality of design, and features quality materials, step backs, and addresses historical elements. Staff determined the project met the requirements for use of the amenity pool. Ms. Tarapani said the CDB understood the application and did not find it necessary to discuss the amenity pool. She said the project meets the Downtown height design element as directed by the Commission. It was questioned if having the CDB approve amenity pool allocations is the best policy. Ms. Tarapani said the City Commission had set the policy and staff was charged with implementing it. While the Downtown density pool is based on available units, the units for the beach were created. She said a pedestrian's view of the step back of the building would depend on one's location. Support for the project was expressed indicating this project is needed as a catalyst for future development and bringing residents to Downtown. It was noted successful Florida Main Street programs have capitalized on certain time periods to develop unique areas. . Commissioner Johnson moved to approve an interlocal agreement with the Clearwater Community Redevelopment Agency (CRA) requiring the City to purchase 100 parking spaces from Station Square LLC for $12,500 each for a total of $1,250,000 for public use, and the construction of defined infrastructure improvements related to Cleveland Street and Station Square Park; authorize payment of $1,250,000 to Station Commission 2004-02-19 11 . . . Square LLC for the purchase of 100 parking spaces; authorize the establishment of a capital improvement project (Station Square Parking Garage) at midyear in the amount of $1.3 million funding to be provided from the City's Special Development Fund from funds collected and earmarked specifically for downtown parking. The motion was duly seconded. Commissioners Hamilton, Hibbard, Johnson, and Mayor Aungst voted "Aye"; Commissioner Jonson voted "Nay." Motion carried. Consensus was to schedule discussion re negotiating with developers for use of the unit pool and design review. OTHER ITEMS ON CITY MANAGER REPORT 26 - First Readina Ordinance #7255-04 - to approve the Amendment to the City of Clearwater Money Pension Purchase Plan document. (HR) The City 401A MPPP (Money Purchase Pension Plan) must be amended to reflect changes to regulations that govern the amount of plan benefits to be distributed to participants. This Amendment of the Plan reflects the Final Treasury Regulations under the Internal Revenue Code Section 401 (A)(9) on required minimum distributions. In general, these regulations govern the amount of benefits that must be distributed to participants attaining their "Required Beginning Date" on or after January 1, 2003. The "Required Beginning Date" is defined in the MPPP as the latter of: 1) the year following the calendar year in which the participant retires or 2) the year following the calendar year in which the Participant attains age 70~. Commissioner Hibbard moved to approve the Amendment to the City of Clearwater Money Pension Purchase Plan document. The motion was duly seconded and carried unanimously. Ordinance #7255-04 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7255-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. 27 - Adopt Resolution #04-05 acceptina Florida Department of Transportation (FOOT) Supplemental Aareement #6. increasina fundina by $180.000 in an existina Joint Participation Aareement (JPA) at Clearwater Airpark. (MR) FOOT (Florida Department of Transportation) has agreed to provide additional funding in the amount of $180,000 for extending sewer and water utilities to the aircraft hangar being constructed. FOOT will fund $144,000 of the additional $180,000, and the City will fund $36,000. The total project cost is now $1,698,500. Total funding provided by FOOT for this JPA (Joint Participation Agreement) is $1,362,800 (80%); the total City contribution for the project is $335,700 (20%). Commission 2004-02-19 12 . . . Commissioner Jonson moved to accept the Florida Department of Transportation Supplemental Agreement #6, increasing funding by $180,000 in an existing Joint Participation Agreement at Clearwater Airpark. The motion was duly seconded and carried unanimously. Resolution #04-05 was presented and read by title only. Commissioner Johnson moved to pass and adopt Resolution #04-05 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. 28 - IAFF Union Neqotiations Update Human Resources Director Joe Roseto said the IAFF (International Association of Fire Fighters) had rejected the tentative agreement. Staff is working with the Union to schedule a return to the bargaining table. 29 - Other Pendinq Matters - None. 30 - City Manaqer Verbal Reports - None. Canvassing Board The City Clerk said the Charter provides, when a City election is held in conjunction with a County election, certification of the returns by the county canvassing board may be accepted by the Commission as the certification of the municipal election returns. She asked whether the Commission wanted to meet as the Canvassing Board to canvass the returns or accept the county's certification of the election results for the March 9, 2004 Election. Commissioner Hamilton moved to accept the County Canvassing Board certification of the March 9, 2004 Election results. The motion was duly seconded and carried unanimously. 1906 Committee Ms. Goudeau reported former City Commission Whitney Gray had served as the Commission's representative to the 1906 Committee. She recommended a Commissioner represent the City Commission at the committee's annual meeting. Consensus was for an available Commissioner to attend the 1906 Committee's annual meeting on March 3, 2004. Commission 2004-02-19 13 . . . 31 - Commission Discussion Items Memorial Causeway Bridge The Mayor provided an update on the Memorial Causeway Bridge, reporting the State is responsible for the bridge's construction and will make certain the contractor fixes construction errors, which did not occur due to design flaws. The bridge will not open until it is safe. 32 - Other Commission Action Commissioner Hibbard said yesterday he had attended a Chamber of Commerce event in Countryside, which highlighted US 19N overpass projects planned for SR 590, Sunset Point Road, and Enterprise Road. He reported Jim Smith's Art Gallery, with its spectacular eclectic collection of art, opens next week. He thanked the Old Clearwater Bay Neighborhood, who had invited him and his wife to a fun Chili cookout. He attended groundbreaking ceremonies on February 11, 2004, for the new Ross Norton Recreation Center and thanked nearby residents for their patience. He said staff's hard work was recognized on February 8, 2004, at the annual Achievement Awards Banquet at the Harborview Center. Commissioner Johnson reported he had represented the City last week at a 211 meeting. Commissioner Jonson acknowledged service awards presented on February 17, 2004, to Garry Brumback and Carolyn Brink. He recently visited Portland, Oregon, a city with a unique concentrated urban character that is a good example of a walkable community. He has requested that FOOT indicate when it is appropriate for public input regarding all aesthetic aspects of the US 19N projects. He expressed concern regarding maintenance of the dry retention ponds that will be under the Enterprise Road overpass. He reported the Pinellas Bayway had design enhancements and the John's Pass Bridge is undergoing an aesthetic community process. He will report when he hears from FOOT. On February 17, 2004, he attended the FLC Legislative Reception in Tallahassee. He recommended the City remain vigilant regarding legislation featuring unfunded mandates and lessening of municipal authority. He expressed concern backups are causing Downtown gridlock. Staff reported a program to address this issue is scheduled to begin next week. He encouraged Commission members to attend the Suncoast League of Municipalities Mini Conference on June 11-13, 2004, at Mission Inn Golf & Tennis Resort. He announced Parent University is scheduled for March 13, 2004, at Countryside High School. He wished Mayor Aungst and Ms. Jonson a happy birthday. Commissioner Hamilton said he and Commissioner Johnson attended the Grand Opening ceremonies for the Little League on February 7, 2004. He reported he may be a little late for the March 2, 2004 meeting, as he will be attending the Grand Opening ceremonies for the YMCA. Mavor AunQst said on February 20, 2004, he will be attending the annual Friends of the Library luncheon at the Harborview Center. He invited residents to attend Commission 2004-02-19 14 . . . Candidate Forums: 1) February 23, 2004, at 7:00 p.m. at St. Paul Lutheran Church on Gulf-to-Bay Boulevard hosted by Skycrest Neighborhood Association; 2) February 24, 2004, at 7:00 p.m. at the Clearwater Beach Recreation Center hosted by Clearwater Beach Association, Island Estates Civic Association, Sand Key Civic Association, and the Clearwater Beach Chamber of Commerce; and 3) March 3, 2004, at 7:00 p.m. at Morningside Recreation Center hosted by Morningside Meadows Association. He invited residents to celebrate Phan Fest on February 27,2004, at Bright House Networks Fields. Fun activities and fireworks will follow the 5:30 p.m. ribbon cutting ceremony. He announced the second annual Neighborhoods Conference is scheduled on February 28, 2004, at Bright House Networks Fields from 8:00 a.m. to 3:00 p.m.; the first City Commission meeting in March will combine the Work Session and meeting on March 2, 2004, at 6:00 p.m.; on March 4, 2004, at 1 :00 p.m. is the Spring training Opening Day at Bright House Networks Fields; on March 6, 2004, at 12:30 p.m., Sports Illustrated will recognize Clearwater as Sportstown USA for Florida. He requested residents vote on Election Day, March 9, 2004. 33 - Adiournment The meeting adjourned at 7:45 p.m. May!kiA City of Clearwater A~: I /- ~l~f' City... ; rk J ~,. '-'\.-.. ~. Commission 2004-02-19 15