04/01/2004
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CITY COUNCIL MEETING
CITY OF CLEARWATER
April 1, 2004
Present: Brian J. Aungst
Hoyt P. Hamilton
William C. Jonson
Frank Hibbard
Carlen Petersen
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
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 Reverend Doctor John R. Thompson of the Countryside Christian Center.
The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 . Introductions and Awards:
a) Horizon Award for new Main Library & Turner Construction
Turner Construction Business Manager Wade Milligan presented the City with
the Horizon Award, which recognizes excellence in construction projects. The
Associated General Contractors of Greater Florida had presented the award to Turner
Construction for its work on the new Clearwater Library.
b) Clearwater Beach Patrol - Florida Beach Patrol Chiefs Association Beach Patrol of
the Year for 2003
The City Manager recognized the efforts of Marine & Aviation Assistant Director
Bev Buysse and Water Safety Supervisor Joe Lain.
5 . Presentations
a) Jazz Holiday 25th Anniversary Commemorative Poster
Jazz Holiday representative Jane Olds thanked the City and staff for support and
presented a 25th Anniversary Commemorative Jazz Holiday Poster to the City.
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6 - Approval of Minutes
Councilmember Jonson moved to approve the minutes of the regular meeting of
March 18,2004, as corrected. The motion was duly seconded and carried
unanimously.
7 - Citizens to be Heard re Items Not on the Aaenda:
Jim Ficken recommended adding more parking to the waterfront and beach and
complained a policy change had forwarded his code compliance issue to the Circuit
Court rather than to the MCEB (Municipal Code Enforcement Board).
Development & Neighborhood Services Director Jeff Kronschnabl reported Mr.
Ficken was cited for a code violation. Due to his history of violations and uncooperative
attitude, the City has taken his and similar cases to Court rather than to the MCEB.
Public Hearings - Not before 6:00 PM
8 - Administrative Public Hearinas
8.1 - Approve the applicant's reauest to vacate the 10-foot drainaae and utility easement
Ivina adiacent to and alona the south side of the 100-foot Florida Power Corporation
easement located on Lot 26. Elvsium. Phase 1. (AK.A 2944 Chancery Lane). and pass
Ordinance #7287-04 on first readina. (VAC 2004-01 Freedman)
The applicant is seeking vacation of the easement in order to construct a
swimming pool deck and enclosure in the rear yard of the subject property. Verizon,
Knology Broadband, Progress Energy and Brighthouse Cable have no objections to the
vacation request. The City of Clearwater presently has no facilities in the subject
easement portion and no future need for the easement is anticipated. Public Works
Administration has no objections to the vacation request.
Councilmember Hamilton moved to approve the applicant's request to vacate the
10-foot drainage and utility easement lying adjacent to and along the south side of the
100-foot Florida Power Corporation easement located on Lot 26, Elysium, Phase 1,
(AK.A 2944 Chancery Lane). The motion was duly seconded and carried
unanimously.
Ordinance #7287-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7287-04 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
9 - Quasi-Judicial Public Hearinas
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9.1 - Approve the Petition for Annexation and Initial Citv Future Land Use Plan
desionation of Residential Suburban (RS) and Initial City Zonino Atlas desionation of
LDR. Low Density Residential for a portion of the First Street East Road rioht-of-way (the
southerly most 163 feet of the First Street East Road rioht-of-way in Sec 32-28-16); and
Pass Ordinances #7252-04.7281-04 and 7282-04 on first readino.
The subject site is the southerly most portion of the First Street East right-of-way,
approximately 100 feet south of Second Avenue North and 600 feet east of Chautauqua
Avenue. This annexation is processed to bring this unimproved right-of-way into the City
boundaries. The developer of property surrounding this portion of unimproved First
Street East (commonly known as the Dimmitt property) requests this street's vacation to
incorporate the property into a proposed 46-lot subdivision (FLS2003-1 0054/PL T2003-
00013). The right-of-way is contiguous with 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 0.22-acre in area and
only provides access to the north side of the Dimmitt property. It is proposed that the
property have a Future Land Use Plan designation of Residential Suburban (RS) and a
zoning category of LDR, Low Density Residential.
The Planning Department determined 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 on March 16, 2004 and unanimously recommended approval.
Councilmember Petersen moved to approve the Petition for Annexation and
Initial City Future Land Use Plan designation of Residential Suburban (RS) and Initial
City Zoning Atlas designation of LDR, Low Density Residential for a portion of the First
Street East Road right-of-way (the southerly most 163 feet of the First Street East Road
right-of-way in Sec 32-28-16). The motion was duly seconded and carried
unanimously.
Ordinance #7252-04 was presented for first reading and read by title only.
Councilmember Hibbard moved to pass Ordinance #7252-04 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
Council Meeting 2004-04-01
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Ordinance #7281-04 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7281-04 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
Ordinance #7282-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7282-04 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10 . Second Readinas . Public Hearina
10.1 - Ordinance #7256-04 - Approve the Petition for Annexation of property located at
1263 Keene Road South (Lot 10. Lake Lela Manor in Sec 24-29-15). ANX2003-11029
(Thomas B. & Ida F. Huqhes)
Ordinance #7256-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7256-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.2 - Ordinance #7257-04 - Approve the Land Use Plan Amendment from County
Residential Low (RL) to City Residential Low (RL) for property located at 1263 Keene
Road South (Lot 10. Lake Lela Manor in Sec 24-29-15). ANX2003-11029 (Thomas B. &
Ida F. Huqhes)
Ordinance #7257-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7257-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
Council Meeting 2004-04-01
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10.3 - Ordinance #7258-04 - Approve Zonino Atlas Amendment from the County R-3.
SinQle Family Residential District. to the City LMDR. Low Medium Density Residential
District for property located at 1263 Keene Road South (Lot 10. Lake Lela Manor in Sec
24-29-15). ANX2003-11029 (Thomas B. & Ida F. Huohes)
Ordinance #7258-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7258-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.4 - Ordinance #7259-04 - Approve the Petition for Annexation of property located at
1830 Beverly Circle (Block C. Lot 12. Meadow Creek in Sec 24-29-15). ANX2003-11 030
(Jennifer Allen Neal)
Ordinance #7259-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7259-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.5 - Ordinance #7260-04 - Approve the Land Use Plan Amendment from County
Residential Low (RL) to City Residential Low (RL) for property located at 1830 Beverly
Circle (Block C. Lot 12. Meadow Creek in Sec. 24-29-15). ANX2003-11030 (Jennifer
Allen Neal)
Ordinance #7260-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7260-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
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10.6 - Ordinance #7261-04 - Approve Zonina Atlas Amendment Zonina Atlas
Amendment from the County R-3. Sinale Family Residential District. to the City LDR.
Low Density Residential District for property located at 1830 Beverly Circle (Block C. Lot
12. Meadow Creek in Sec 24-29-15). ANX2003-11030 (Jennifer Allen Neal)
Ordinance #7261-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7261-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.7 - Ordinance #7262-04 - Approve the Petition for Annexation of property located at
180 Pinewood Avenue (Block C. Lot 27. Eastwood Terrace 1st Addition in Sec 18-29-
16). ANX2003-11 031 (Alfonso & Adaloisa Tundidor)
Ordinance #7262-04 was presented for second reading and read by title only.
Council member Hamilton moved to pass and adopt Ordinance #7262-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.8 - Ordinance #7263-04 - Approve a Land Use Plan Amendment from County
Residential Urban (RU) to City Residential Urban (RU) for property located at 180
Pinewood Avenue (Block C. Lot 27. Eastwood Terrace 1st Addition in Sec 18-29-16).
ANX2003-11031 (Alfonso & Adaloisa Tundidor)
Ordinance #7263-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7263-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
Council Meeting 2004-04-01
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10.9 - Ordinance #7264-04 - Approve Zonina Atlas Amendment Zonina Atlas
Amendment the Countv R-3. Sinale Family Residential District. to the City LMDR. Low
Medium Density Residential District for 180 Pinewood Avenue (Block C. Lot 27.
Eastwood Terrace 1st Addition in Sec 18-29-16). ANX2003-11031 (Alfonso & AdalQisa
Tundidor)
Ordinance #7264-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7264-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.10 - Ordinance #7268-04 - Approve a Land Use Plan Amendment from the
Residential/Office General (R/OG) cateQorv to the Residential Urban (RU) cateQorv for
property located at 1283 Lakeview Road (Lots 1. 2 & 3 Boylan Subdivision and Lots 62.
63 & 64 Block 7 Cleveland Grove in Sec 22-29-15). LUZ2003-11012 (Suncoast
Renovations. Inc.)
Ordinance #7268-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7268-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.11 - Ordinance #7269-04 - Approve a Zonina Atlas Amendment Zonina Atlas
Amendment from the O. Office District to the LMDR. Low Medium Density Residential
District for property located at 1283 Lakeview Road (Lots 1. 2 & 3 Boylan Subdivision
and Lots 62.63 & 64 Block 7 Cleveland Grove in Sec 22-29-15). LUZ2003-11012
(Suncoast Renovations. Inc.)
Ordinance #7269-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7269-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
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10.12 - Ordinance #7270-04 - Approve the Land Use Plan Amendment from Residential
Urban (RU) to Residential Low Medium (RLM) for property located at 2155 Montclair
Road (A portion of Sec 01-29-15). to amend the Future Land Use Plan Map for this
property. LUZ2003-11 013 (Beckett Lake Lodae. Inc.)
Ordinance #7270-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7270-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.13 - Ordinances #7277-04 - Amend the City's FY 2003/04 Operatina Budaet at First
Quarter.
Ordinance #7277-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7277-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.14 - Ordinance #7278-04 - Amend the City's FY 2003/04 Capital Improvement
Proaram (CIP) Budaet at First Quarter.
Ordinance #7278-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7278-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
10.15 - Ordinance #7246-04 - Approve the Petition for Annexation of property located at
2520 Sunset Point Road and 24698 US 19 North (consistina of a portion of Lots 6. 10.
11 & 12 in Sec 06-29-16. ANX2003-10027/LUZ2003-10011 (Georae C. Clark
Investments. Ltd) (Continued from 03/18/04)
Ordinance #7246-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7246-04 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Hibbard, Petersen, and Aungst.
"Nays": None.
Council Meeting 2004-04-01
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CITY MANAGER REPORTS
11 - Consent Aaenda - Approved as submitted.
11.1 - Approve purchase of a Ryobi 3302HA 2-Color Printina Press with console/blanket
cleaner. automatic plate loader and Purup Eskofot 5080 Computer-to-Plate system in
the amount of $117.900 from Shreve Press Service of Maitland. Florida. and authorize
lease purchase financina under the current contract.
11.2 - Approve Chanae Order No. 11 to Keystone Excavators. Inc. of Oldsmar. Florida.
in the amount of $229.998.50 for the 2001 Sidewalk/Curb Replacement Contract (#01-
0021-EN/03-0070-EN) to complete the removal and replacement of sidewalk in the
Countryside area includina side streets off Enterprise Road and Landmark Drive: for a
new contract total of $2.098.510.10
11.3 - Approve and accept nonexclusive Sovereian Submeraed Lands Easement
Number 40330 to be subseauently conveyed by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. subiect to terms and conditions defined
therein. said easement to encumber submeraed lands in Sec 3-29-15.50 feet wide and
extendina 402 feet across Stevenson Creek between Overbrook Park and certain utility
easements as recorded in Deed Book 1465. Paaes 427-430. Pinellas County public
records and authorize the appropriate officials to execute same.
11.4 - Award a contract for the Bayshore Blvd. and S.R. 60 intersection improvement
(99-0044-EN) to Kamminaa & Roodvoets. Inc. of Tampa. Florida. for the sum of
$342.651.98. which is the lowest responsible bid received in accordance with the plans
and specifications and authorize the appropriate officials to execute same.
11.5 - Approve an increase of $88.550 in the Master Lease Aareement with Dell. Inc..
Round Rock. TX. in accordance with State Contract #250-040-99-1. increasina the
contract total from $2.070.000 to $2.158.500 to allow the acauisition of 80 new desktop
computers for the new Main Library.
11.6 - See paae 10.
11.7 - Approve the filina of a small claims complaint aaainst J.J. Salcido Productions.
Inc. d/b/a Greenbacks Entertainment Cafe.
Purchasing
11.8 - Gas Material - Steel Pipe and Fittinas durina the contract period: April 2. 2004
throuah March 31. 2005.
Appointments
11.9 - Airpark Advisory
a) Reappoint J.B. Johnson to term expirina 4/30/2008.
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Councilmember Hibbard moved to approve the Consent Agenda as submitted,
less Item 11.6, and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
11.6 - Approve filina a complaint for a permanent iniunction aaainst Mary Sochocki d/b/a
Royal Palm Motel.
The Royal Palm Motel, owned by Mary Sochocki, is located at 1250 Cleveland
Street. According to Clearwater Police Department reports, there has been an ongoing
pattern of drug dealing and use at the Royal Palm Motel since at least 1999. Following
are case reports filed by the Department: 1) 7 incidents between June - November 1999;
2) 4 incidents between January - March 2000; 3) 15 incidents between July - December
2002; and 4) 17 incidents between March - November 2003.
On March 30, 2000, Police Chief Sid Klein sent a letter to Mary Sochocki that
referenced the ongoing drug activities taking place at the Royal Palm Motel during 1999-
2000 and offered police assistance to mitigate the illegal crime activity on the property.
Chief Klein informed Ms. Sochocki that such use of the property could subject her to
Nuisance Abatement proceedings.
On March 18, 2003, Chief Klein sent a follow-up letter to Mary Sochocki that
referenced the ongoing drug activities continuing to take place during 2002 at the Royal
Palm Motel. Again Chief Klein offered police assistance to mitigate the illegal crime
activity on the property and informed Ms. Sochocki that such use of the property could
subject her to Nuisance Abatement proceedings. The drug activity, however, has
continued.
The above activities constitute a public nuisance in accordance with Section
823.10, Florida Statutes, because any building which is visited by persons for the
purpose of unlawfully using any substance that is controlled under Chapter 893, Florida
Statutes or which is used for the illegal keeping, selling, or delivering of the same, is
deemed to be a public nuisance subject to abatement under Section 60.05, Florida
Statutes.
The City has no remedy other than to pursue a permanent injunction against
Mary Sochocki, enjoining her and any others involved with the operation of the business
from maintaining a public nuisance at the Royal Palm Motel.
Property owner Mary Sochocki said she had done everything the Police had
asked her to do.
Three residents spoke in support of proposed City action.
In response to a question, the City Attorney said Ms. Sochocki will have an
opportunity to present her side in court.
Discussion ensued and concerns were expressed that illegal activities have
occurred on the subject property for many years and the property degrades the entrance
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to Downtown. A comment was made that similar action is needed for some other
nearby properties.
Councilmember Hamilton moved to approve filing a complaint for a permanent
injunction against Mary Sochocki d/b/a Royal Palm Motel. The motion was duly
seconded and carried unanimously.
12 - Other Items on City Manaaer Reports
12.1 - Elect a councilmember to serve as Vice-Mavor
Councilmember Jonson expressed his desire to serve on the MPO (Metropolitan
Planning Organization). Appointments to Regional Boards will be considered at the next
meeting.
Councilmember Jonson moved to appoint Councilmember Hibbard as Vice-
Mayor. The motion was duly seconded and carried unanimously.
12.2 - IAFF union neaotiations update.
Human Resources Director Joe Roseto said the City and IAFF (International
Association of Fire Fighters) had met last week and exchanged proposals. The next
meeting is scheduled for April 6, 2004.
13 - City Attorney Reports - None.
14 - City Manaaer Verbal Report
The City Manager reported staff had met with Historic Bayview community
representatives and all agree on the original management plan for the park. Staff will
notify the organization regarding appropriate times for input regarding the park's design,
which is proposed to be completed by September 2004. He said the project is on track.
15 - Council Discussion Items - None.
16 - Other Council Action
Councilmember Hibbard invited residents to participate in the 18-hour Relay for
Life, on April 2, 2004, at the Long Center, beginning at 7:00 p.m. He reported Bill
Justice played the harmonica for J.B. Johnson, who was honored at the Advisory Board
Dinner and presented a key to the City. He thanked the Mayor for his leadership over
the years, stating he and the City Manager are doing a great job.
Council members Hibbard and Jonson and Mavor Aunast invited residents to
participate in Neighborhoods Day on April 3, 2004, followed by First Night in the Stacks
at the new Main Library.
Councilmembers Hibbard and Petersen, and Mayor Aunast enjoyed the Advisory
Board Dinner and thanked all board volunteers for their service to the community.
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. Councilmember Petersen said she had enjoyed working with the First National
Bank group during Paint Your Heart Out Clearwater. She recently visited Highland
Pharmacy, and praised the program that gives a pat on the back to small business
owners in the City.
Councilmember Jonson reviewed an update from the FLC (Florida League of
Cities), expressing concern a pending transportation bill will reduce funding in local
communities for urban arterials, and requested residents speak with their legislators
regarding this issue. He congratulated the Sheraton Sand Key and its staff for being
awarded 4 diamonds by AAA for 2004. He said upgrades to the Countryside Boulevard
median looks great and he looked forward to receiving funds from FOOT (Florida
Department of Transportation) to enhance additional medians.
Councilmember Hamilton said he cannot attend this weekend's activities, as he
will be flying to Texas to watch his alma mater, Georgia Tech, compete in the men's
basketball NCAA Final Four Championship.
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Mavor AunQst reported concerns regarding Pelican Walk are being reviewed. He
referenced a letter regarding loud concerts in Coachman Park and suggested this
element needs to be considered in the survey related to proposed changes to the park.
On April 6, 2004, he will visit Bayview Gardens to wish Happ~ 100th birthday to Ruth
Volpp. He mentioned the ih Annual Senior Fun Fest and 27 h annual recognition
luncheon for the Retired and Senior Volunteer Program at the Harborview Center on
April 8, 2004. He announced the next Work Session is April 12, 2004, at 1 :00 p.m.
17 - Adiourn
The meeting adjourned at 6:55 p.m.
Mayor
City of Clearwater
Attest:
)4~
cu.a- City C~
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