05/03/2001
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CITY COMMISSION MEETING
CITY OF CLEARWATER
May 3, 2001
Present:
Brian J. Aungst
Ed Hart
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Mayor/Commissioner
Vice-M ayor /Comm iss ioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Interim 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 Vice-Mayor Hart. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards - None.
. ITEM #4 - Introductions and Awards
a) Employee of the Month - April 2001
The Employee of the Month Award was presented to Steve Finney of Clearwater
Gas System.
b) Proclamation: Countryside 30th Anniversary Celebration Week - 5/13-19/01
c) Proclamation: Correct Posture Month - May 2001
d) Proclamation: Tourism Week - 5/6-12/01
e) Proclamation: Emergency Medical Services Week - 5/20-26/01
f) Proclamation: Kids Day America - 5/19/01
ITEM #5 - Presentations
a) Environmental Service Award from EAB to Solid Waste
Allan Stowell of the EAB presented a certificate of appreciation to Solid Waste
Director Bob Brumback. Clearwater Marine Aquarium day passes were also provided for all
solid waste employees.
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. b) Neighborhoods Week participation awards
Mayor Aungst recognized the organizations and neighborhoods that participated in
the Neighborhoods Week celebration.
ITEM #6 - Approval of Minutes
City Clerk Cyndie Goudeau reported a typographical error on page 24, paragraph 2
of the April 5, 2001, Commission meeting minutes needs to be changed from "425,000 to
$25,000".
Commissioner Hamilton moved to approve the minutes of the regular meetings of
April 5, 2001 as corrected, and the April 19, 2001, as recorded and submitted in written
summation by the City Clerk to each Commissioner. The motion was duly seconded and
carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aaenda
James Foley expressed concern regarding potential and current traffic on the
roundabout and made suggestions to alleviate it. He asked the Commission to consider not
adding more units on the beach. He asked that beach property owners recuse themselves
from voting on redevelopment issues.
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Duke Tieman thanked the Commission for their support of South Clearwater. On
May 23, a special meeting will be held with Community Response Team to discuss
enforcement of water restrictions, parking and code violations in his neighborhood.
Phyllis Botson requested the Commission reconsider the delay regarding the
neighborhood overlay district in Island Estates. She requested the City allow Island Estates
to continue the process. The Commission directed this be placed on the next agenda.
David Browder said 65 % of the Skycrest neighborhood approves of traffic calming
plans. He feels exciting things are happening in the Skycrest neighborhood and it is
becoming a place that his children will want to return to.
Early Sorenson said the driveway permit for the Marriott Hotel on Gulf-to-Bay shows
right-in, right-out access as a safety feature. He requested the City continue to work with
business owners to install kiosk signs as they are lower and allow a better view of trees.
Elizabeth France said the 1200 homeowners in Skycrest neighborhood are working
together with the help of neighbor Ric Ortega. Neighbors are anxiously awaiting traffic
calming in that neighborhood.
Julia Wilkens distributed a copy of water conservation suggestions. She said
neighbors question the City's participation in water conservation efforts as it continues to
allow new development.
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Lucile Casey thanked the Commission for its recognition of neighborhood
celebration. She requested traffic calming in her neighborhood because motorists use her
neighborhood to avoid traffic on McMullen Booth Road and Bayshore. She requested her
neighborhood be moved up on the reclaimed water list.
Madra Matthews thanked those who participated in the Country Club Estates
neighborhood activities.
Pauline Deal thanked the police department for their attentiveness regarding
incidents at the beach. She thanked Commissioner Hart for his great listening skills.
Fran Glaros thanked the Commission for their understanding and hard work
regarding future development of Clearwater. She requested the sanitation department do a
better job of keeping the City clean and enforce sanitation laws.
PUBLIC HEARINGS
ITEM #8 _ Public Hearina & First Readina Ord. #6793-01 - Vacating westerly 5' of 10'
drainage & utility easement lying along east property line of Lot 15, Blk C, Northwood
Estates Sub., Tract C, less south 5' thereof, a/k/a 3056 Diamond Head Drive East (Dunton,
V2001-10)(PW)
The applicant proposes to build a swimming pool and pool enclosure 5 feet from the
east lot line. Florida Power, Time Warner, Verizon and Verizon Media Ventures, Inc. have
no objection to the vacation request. The City has no utilities in the subject easement.
Public Works Administration has no objections to the vacation request.
Director of Engineering Mike Quillen said one letter was received objecting to the
vacation. In response to a question, he said he contacted the letter writer who said he
wanted to express his opposition but is still cordial to his neighbor. Mr. Quillen said the
City has sufficient room for storm drains or sanitary sewers but has no intention to use
either easement.
Commissioner Hart moved to approve the applicant's request to vacate the westerly
5 feet of the 10 foot drainage and utility easement lying along the east property line of Lot
15, Block "C", Northwood Estates subdivision tract C, (AKA 3056 Diamond Head Drive
East), less the south 5 feet thereof. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6793-01 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6793-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Jonson, and Aungst.
"Nays":
None.
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ITEM #9 - (Cont. from 4/19/01\ Public Hearino & First Readino Ord. #6782-01 - Vacating
10' drainage & utility easement lying along a line 660' east of the west property line of
M&B 41.05, Sec. 5-29-16, less south 10' (School Board of Pinellas County, V2001-
07)(PW) - To be Cant. to 5/17/01
Paul B. Steven's School is presently located on the subject property. The School
Board of Pinellas County proposes to construct a new public school building on the
property over the present easement location. The City has a 6-inch water line in the
easement, which is being relocated at the applicant's expense. The applicant agrees to
grant a new utility easement over the relocated water line. Florida Power, Time Warner,
Verizon and Verizon Media Ventures have no objections to the vacation request. Public
Works Administration is recommending approval of this vacation request.
Mr. Quillen said since the last work session, staff has received another submittal
from the School Board. They have agreed to put a sidewalk along the north property line.
Staff is working closely with the their consultant on the other issues. The water line that
will replace this easement has been installed. After it is cleared for use, the existing line
will be cut off and the new one turned on. Afterward, they will donate the new line to the
City.
Assistant Planning Director Cyndi Tarapani said remaining issues regarding this
application pertain to access to Lawrence Drive and a landscape buffer. She said the
School Board has agreed to perform routine maintenance during construction of the road
although continued complaints are being received. She said City staff has suggested a
memorandum be drawn up between the City and the School Board in order to decide how
to determine necessary improvements and the School Board agreed. Staff will recommend
they put their intentions in writing regarding improvements after construction is complete.
Ms. Tarapani said she does not feel that neighbors are convinced there will be an adequate
landscaping buffer. Staff is comfortable with proposed buffering along the south property,
but doubts neighbors agree. Buffering for the north and east property lines have not been
clearly defined. The meeting staff attended was hosted by the School Board, therefore,
staff had no opportunity to facilitate the meeting. Ms. Tarapani said it appears that the
remaining issues would require scheduling another meeting 30 - 45 days after the grading
of the road is complete.
In response to a question, Mr. Quillen said he is confident stormwater issues will be
resolved. Ms. Tarapani said she doubts the buffering issues will be resolved until the next
School Board meeting.
Mr. Horne suggested continuing this request to the next meeting in an effort to
determine if the School Board will follow through on their commitments. One
Commissioner reported receiving a call regarding concerns about the water quality of the
lake. They were also concerned that one of their wells has failed due to something the
School Board has done. Assistant City Manager Garry Brumback said the School Board will
look into the allegation. It was remarked that watering trucks are washing dirt into
stormwater sewers. Mr. Quillen said if inspection reveals dirt is washing into sewers, the
School Board would be informed they need to place hay bales in the subdivision to alleviate
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that problem. In response to a question, Mr. Quillen said the School Board is not required
to apply for a building permit. It was remarked that the City's actions are not slowing
down the School Board's construction. The City is trying to facilitate getting the results
everyone wants.
Commissioner Jonson moved to continue Item #9 to the May 17, 2001, meeting.
The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #10 - Ord. #6654-01 - Annexation (& redefining boundary lines of City to include said
addition), 1295 Bertland Way and 1950 Betty Lane, Floradel Sub., Lots 31 & 32 together
with adjoining r-o-w of Betty Lane (Charles E. Johnson. III)
The Mayor presented Ordinance #6654-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6654-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #11 - Ord. #6655-01 - Land Use Plan Amendment to Residential Urban, 1295
Bertland Way and 1950 Betty Lane, Floradel Sub., Lots 31 & 32 together with adjoining r-
o-w of Betty Lane (Charles E. Johnson. III)
The City Attorney presented Ordinance #6655-01 for second reading and read it by
title only. Commissioner Hamilton moved to adopt Ordinance #6655-01 on second
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #12 - Ord. #6656-01 - LMDR Zoning, 1295 Bertland Way and 1950 Betty Lane,
Floradel Sub., Lots 31 & 32 together with adjoining r-o-w of Betty Lane (Charles E.
Johnson. III)
The City Clerk presented Ordinance #6656-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6656-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
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ITEM #13 - Ord. #6651-01 - Annexation (& redefining boundary lines of City to include said
addition), 1289 Bertland Way, Floradel Sub., Lot 30 (Clyde & Winnie L. Tisdale)
The Mayor presented Ordinance #6651-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6651-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #14 - Ord. #6652-01 - Land Use Plan Amendment to Residential Urban, 1289
Bertland Way, Floradel Sub., Lot 30 (Clyde & Winnie L. Tisdale)
The City Attorney presented Ordinance #6652-01 for second reading and read it by
title only. Commissioner Hart moved to adopt Ordinance #6652-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #15 - Ord. #6653-01 - LMDR Zoning, 1289 Bertland Way, Floradel Sub., Lot 30
(Clyde & Winnie L. Tisdale)
The City Clerk presented Ordinance #6653-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6653-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #16 - Ord. #6776-01 - Annexation (& redefining boundary lines of City to include said
addition), 1273, 1277, 1281 & 1285 Bertland Way, Floradel Sub., Lots 26-29 (Charles E.
Johnson, III)
The Mayor presented Ordinance #6776-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6776-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #17 - Ord. #6777-01 - Land Use Plan Amendment to Residential Urban, 1273, 1277,
1281 & 1285 Bertland Way, Floradel Sub., Lots 26-29 (Charles E. Johnson, III)
The City Attorney presented Ordinance #6777-01 for second reading and read it by
title only. Commissioner Gray moved to adopt Ordinance #6777-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #18 - Ord. #6778-01 - LMDR Zoning, 1273, 1277, 1281 & 1285 Bertland Way,
Floradel Sub., Lots 26-29 (Charles E. Johnson, III)
The City Clerk presented Ordinance #6778-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6778-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #19 - Ord. #6657-01 - Annexation (& redefining boundary lines of City to include said
addition), 2057 The Mall, Brooklawn Sub., Blk H, Lot 10 together with adjoining r-o-w (Paul
A. Lennox & Brenda K. Hargett)
The Mayor presented Ordinance #6657-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6657-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #20 - Ord. #6658-01 - Land Use Plan Amendment to Residential Urban, 2057 The
Mall, Brooklawn Sub., Blk H, Lot 10 together with adjoining r-o-w (Paul A. Lennox &
Brenda K. Hargett)
The City Attorney presented Ordinance #6658-01 for second reading and read it by
title only. Commissioner Jonson moved to adopt Ordinance #6658-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #21 - Ord. #6659-01 - LMDR Zoning, 2057 The Mall, Brooklawn Sub., Blk H, Lot 10
together with adjoining r-o-w (Paul A. Lennox & Brenda K. Hargett)
The City Clerk presented Ordinance #6659-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6659-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
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ITEM #22 - Ord. #6660-01 - Annexation (& redefining boundary lines of City to include said
addition), 2053 The Mall, Brooklawn Sub., Blk H, Lot 11 (J. B. Grammatico)
The Mayor presented Ordinance #6660-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6660-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #23 - Ord. #6661-01 - Land Use Plan Amendment to Residential Urban, 2053 The
Mall, Brooklawn Sub., Blk H, Lot 11 (J. B. Grammatico)
The City Attorney presented Ordinance #6661-01 for second reading and read it by
title only. Commissioner Hamilton moved to adopt Ordinance #6661-01 on second
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #24 - Ord. #6662-01 - LMDR Zoning, 2053 The Mall, Brooklawn Sub., Blk H, Lot 11
(J. B. Grammatico)
The City Clerk presented Ordinance #6624-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6662-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #25 - Ord. #6663-01 - Annexation (& redefining boundary lines of City to include said
addition), 2049 The Mall, Brooklawn Sub., Blk H, Lot 12 (George M. Cecere & Helen M.
Bradley)
The Mayor presented Ordinance #6663-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6663-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #26 - Ord. #6664-01 - Land Use Plan Amendment to Residential Urban, 2049 The
Mall, Brooklawn Sub., Blk H, Lot 12 (George M. Cecere & Helen M. Bradley)
The City Attorney presented Ordinance #6664-01 for second reading and read it by
title only. Commissioner Hart moved to adopt Ordinance #6664-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
"Nays":
Absent:
Hart, Hamilton, Jonson, and Aungst.
None.
Gray.
ITEM #27 - Ord. #6665-01 - LMDR Zoning, 2049 The Mall, Brooklawn Sub., Blk H, Lot 12
(George M. Cecere & Helen M. Bradley)
The City Clerk presented Ordinance #6665-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6665-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #28 - Ord. #6666-01 - Annexation (& redefining boundary lines of City to include said
addition), 2067 The Mall, Brooklawn Sub., Blk H, Lot 1 (Cimmarie L. Crocker)
The Mayor presented Ordinance #6666-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6666-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #29 - Ord. #6667-01 - Land Use Plan Amendment to Residential Urban, 2067 The
Mall, Brooklawn Sub., Blk H, Lot 1 (Cimmarie L. Crocker)
The City Attorney presented Ordinance #6667-01 for second reading and read it by
title only. Commissioner Jonson moved to adopt Ordinance #6667-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #30 - Ord. #6668-01 - LMDR Zoning, 2067 The Mall, Brooklawn Sub., Blk H, Lot 1
(Cimmarie L. Crocker)
The City Clerk presented Ordinance #6668-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6668-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
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ITEM #31 - Ord. #6669-01 - Annexation (& redefining boundary lines of City to include said
addition), 2056 The Mall, Brooklawn Sub., Blk G, Lot 10 (Neil R. & Ilene M. De'Remer)
The Mayor presented Ordinance #6669-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6669-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #32 - Ord. #6670-01 - Land Use Plan Amendment to Residential Urban, 2056 The
Mall, Brooklawn Sub., Blk G, Lot 10 (Neil R. & Ilene M. De'Remer)
The City Attorney presented Ordinance #6670-01 for second reading and read it by
title only. Commissioner Jonson moved to adopt Ordinance #6670-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #33 - Ord. #6671-01 - LMDR Zoning, 2056 The Mall, Brooklawn Sub., Blk G, Lot 10
(Neil R. & Ilene M. De'Remer)
The City Clerk presented Ordinance #6671-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6671-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #34 - Ord. #6672-01 - Annexation (& redefining boundary lines of City to include said
addition), 1717 EI Trinidad Drive East, Virginia Grove Terrace, Blk 1, Lot 5 (Paul M. & Julie
M. Gramblin)
The Mayor presented Ordinance #6672-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6672-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #35 - Ord. #6673-01 - Land Use Plan Amendment to Residential Low, 1717 EI
Trinidad Drive East, Virginia Grove Terrace, Blk 1, Lot 5 (Paul M. & Julie M. Gramblin)
The City Attorney presented Ordinance #6673-01 for second reading and read it by
title only. Commissioner Hamilton moved to adopt Ordinance #6673-01 on second
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #36 - Ord. #6674-01 - LMDR Zoning, 1717 EI Trinidad Drive East, Virginia Grove
Terrace, Blk 1, Lot 5 (Paul M. & Julie M. Gramblin)
The City Clerk presented Ordinance #6674-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6674-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #37 - (Cont. from 4/5/01) Ord. #6696-01 - Annexation (& redefining boundary lines
of City to include said addition), 160 N. Belcher Rd., Sec. 13-29-15, M&B 11.03 (H. G. &
Alice Anderson)
The Mayor presented Ordinance #6696-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6696-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #38 - (Cont. from 4/5/01) Ord. #6697-01 - Land Use Plan Amendment to Commercial
General, 160 N. Belcher Rd., Sec. 13-29-15, M&B 11.03 (H. G. & Alice Anderson)
The City Attorney presented Ordinance #6697-01 for second reading and read it by
title only. Commissioner Hart moved to adopt Ordinance #6697-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #39 - (Cont. from 4/5/01) Ord. #6698-01 - Commercial Zoning, 160 N. Belcher Rd.,
Sec. 13-29-15, M&B 11.03 (H. G. & Alice Anderson)
The City Clerk presented Ordinance #6698-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6698-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
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ITEM #40 - (Cont. from 4/5/01) Ord. #6702-01 - Annexation (& redefining boundary lines
of City to include said addition), 1734 Cardinal Dr., Pinellas Terrace First Add., Lot 6
(Phyliss & Keith Daliendo)
The Mayor presented Ordinance #6702-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6702-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #41 - (Cont. from 4/5/01) Ord. #6703-01 - Land Use Plan Amendment to Residential
Low, 1734 Cardinal Dr., Pinellas Terrace First Add., Lot 6 (Phyliss & Keith Daliendo)
The City Attorney presented Ordinance #6703-01 for second reading and read it by
title only. Commissioner Gray moved to adopt Ordinance #6703-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #42 - (Cont. from 4/5/01) Ord. #6704-01 - LMDR Zoning, 1734 Cardinal Dr., Pinellas
Terrace First Add., Lot 6 (Phyliss & Keith Daliendo)
The City Clerk presented Ordinance #6704-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6704-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #43 - (Cont. from 4/5/01) Ord. #6705-01 - Annexation (& redefining boundary lines
of City to include said addition), 1492 Carolyn Lane, Terra-Alto Estates, Lot 16 (Cleareather
& Louis Gross)
The Mayor presented Ordinance #6705-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6705-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
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ITEM #44 - (Cont. from 4/5/01) Ord. #6706-01 - Land Use Plan Amendment to Residential
Low, 1492 Carolyn Lane, Terra-Alto Estates, Lot 16 (Cleareather & Louis Gross)
The City Attorney presented Ordinance #6706-01 for second reading and read it by
title only. Commissioner Jonson moved to adopt Ordinance #6706-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #45 - (Cont. from 4/5/01) Ord. #6707-01 - LMDR Zoning, 1492 Carolyn Lane, Terra-
Alto Estates, Lot 16 (Cleareather & Louis Gross)
The City Clerk presented Ordinance #6707-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6707-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #46 - (Cont. from 4/5/01) Ord. #6708-01 - Annexation (& redefining boundary lines
of City to include said addition), 2827 St. John Dr., Virginia Groves Terrace Fifth Add., Blk
D. Lot 6 (Jeffrey & Donna Drury)
The Mayor presented Ordinance #6708-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6708-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #47 - (Cont. from 4/5/01) Ord. #6709-01 - Land Use Plan Amendment to Residential
Low, 2827 St. John Dr., Virginia Groves Terrace Fifth Add., Blk D. Lot 6 (Jeffrey & Donna
Drury)
The City Attorney presented Ordinance #6709-01 for second reading and read it by
title only. Commissioner Hamilton moved to adopt Ordinance #6709-01 on second
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
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ITEM #48 - (Cont. from 4/5/01) Ord. #6710-01 - LMDR Zoning, 2827 St. John Dr., Virginia
Groves Terrace Fifth Add., Blk D. Lot 6 (Jeffrey & Donna Drury)
The City Clerk presented Ordinance #6710-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6710-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays":
None.
ITEM #49 - (Cont. from 4/5/01) Ord. #6717-01 - Annexation (& redefining boundary lines
of City to include said addition), 1941 West Skyline Dr., Skyline Groves, Lot 106 (Gail
LeBlanc)
The Mayor presented Ordinance #6717-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6717-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays":
None.
ITEM #50 - (Cont. from 4/5/01) Ord. #6718-01 - Land Use Plan Amendment to Residential
Low, 1 941 West Skyline Dr., Skyline Groves, Lot 106 (Gail LeBlanc)
The City Attorney presented Ordinance #6718-01 for second reading and read it by
title only. Commissioner Hart moved to adopt Ordinance #6718-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays":
None.
ITEM #51 - (Cont. from 4/5/01) Ord. #6719-01 - LMDR Zoning, 1941 West Skyline Dr.,
Skyline Groves, Lot 106 (Gail LeBlanc)
The City Clerk presented Ordinance #6719-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6719-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays":
None.
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ITEM #52 - (Cont. from 4/5/01) Ord. #6720-01 - Annexation (& redefining boundary lines
of City to include said addition), 1309 Woodbine St., Pine Ridge, Blk C, Lot 7 (James &
Audrey Morrow)
The Mayor presented Ordinance #6720-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6720-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #53 - (Cont. from 4/5/01) Ord. #6721-01 - Land Use Plan Amendment to Residential
Low, 1309 Woodbine St., Pine Ridge, Blk C, Lot 7 (James & Audrey Morrow)
The City Attorney presented Ordinance #6721-01 for second reading and read it by
title only. Commissioner Gray moved to adopt Ordinance #6721-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #54 - (Cont. from 4/5/01) Ord. #6722-01 - LMDR Zoning, 1309 Woodbine St., Pine
Ridge, Blk C, Lot 7 (James & Audrey Morrow)
. The City Clerk presented Ordinance #6722-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6722-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #55 - (Cont. from 4/5/01) Ord. #6729-01 - Annexation (& redefining boundary lines
of City to include said addition), 108 K St., Crystal Heights Unit 1, Lots 23 & 24 (Michael
Stifel)
The Mayor presented Ordinance #6729-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6729-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays":
None.
.
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ITEM #56 - (Cont. from 4/5/01) Ord. #6730-01 - Land Use Plan Amendment to Residential
Urban, 108 K St., Crystal Heights Unit 1, Lots 23 & 24 (Michael Stifel)
The City Attorney presented Ordinance #6730-01 for second reading and read it by
title only. Commissioner Jonson moved to adopt Ordinance #6730-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #57 - (Cont. from 4/5/01) Ord. #6731-01 - LMDR Zoning, 108 K St., Crystal Heights
Unit 1, Lots 23 & 24 (Michael Stifel)
The City Clerk presented Ordinance #6731-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6731-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #58 - Ord. #6764-01 - Land Use Plan Amendment to Resort Facilities High, 1919
Edgewater Dr./Sunset Point Rd., Sunset Point Sub., Lots 6 & 7 and W15' of Lot 8 (Bay
View Hotel, Inc.) - To be Cont. to 5/17/01
AND
ITEM #59 - Ord. #6765-01 - Tourist Zoning, 1919 Edgewater Dr./Sunset Point Rd., Sunset
Point Sub., Lots 6 & 7 and W15' of Lot 8 (Bay View Hotel, Inc.) - To be Cont. to 5/17/01
Commissioner Hart moved to continue Items #58 and 59 to May 17, 2001. The
motion was duly seconded and carried unanimously.
ITEM #60 - Ord. #6770-01 - Annexation (& redefining boundary lines of City to include said
addition), 117 N. McMullen Booth Rd., Crystal Heights Sub., Lots 1 & 2 (Robert S.
Grossman)
The Mayor presented Ordinance #6770-01 for second reading and read it by title
only. Commissioner Hart moved to adopt Ordinance #6770-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
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ITEM #61 - Ord. #6771-01 - Land Use Plan Amendment to Residential/Office Limited, 117
N. McMullen Booth Rd., Crystal Heights Sub., Lots 1 & 2 (Robert S. Grossman)
The City Attorney presented Ordinance #6771-01 for second reading and read it by
title only. Commissioner Hamilton moved to adopt Ordinance #6771-01 on second
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #62 - Ord. #6772-01 - Office Zoning, 117 N. McMullen Booth Rd., Crystal Heights
Sub., Lots 1 & 2 (Robert S. Grossman)
The City Clerk presented Ordinance #6772-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6772-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #63 - Ord. #6773-01 - Annexation (& redefining boundary lines of City to include said
addition), 1751 Cardinal Dr., Pinellas Terrace, part of Lots 68 & 69 (Aldo Yoannon)
The Mayor presented Ordinance #6773-01 for second reading and read it by title
only. Commissioner Gray moved to adopt Ordinance #6773-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #64 - Ord. #6774-01 - Land Use Plan Amendment to Residential Low, 1751 Cardinal
Dr., Pinellas Terrace, part of Lots 68 & 69 (Aldo Yoannon)
The City Attorney presented Ordinance #6774-01 for second reading and read it by
title only. Commissioner Hart moved to adopt Ordinance #6774-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
"Nays":
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #65 - Ord. #6775-01 - LMDR Zoning, 1751 Cardinal Dr., Pinellas Terrace, part of
Lots 68 & 69 (Aldo Yoannon)
The City Clerk presented Ordinance #6775-01 for second reading and read it by title
only. Commissioner Hamilton moved to adopt Ordinance #6775-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
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IIAyesll:
IINaysll:
Hart, Gray, Hamilton, Jonson, and Aungst.
None.
ITEM #66 - Ord. #6779-01 - Vacating portion of r-o-w of Third Street lying between east r-
o-w line of Gulf View Blvd. and west r-o-w line of Coronado Dr., Sec. 7-29-15 & Sec. 8-
29-15, subject to conditions (AI-Nayem International, Inc. and Thavabalasigham, V2001-
05)
The City Attorney presented Ordinance #6779-01 for second reading and read it by
title only.
One person spoke in opposition to the ordinance, stating the City Charter states that
no right-of-way or easement, which provides access to the water's edge, may be vacated.
One person spoke in favor of the application, stating that the waterways will always
be protected and a proposed project contingent upon this vacation would not affect access
to the water's edge.
In response to a question, Ms. Akin said the roadway in question does not provide
access to the water's edge but ends at Gulfview. She said the vacation would not take
affect until construction of the proposed Kimpton project begins. She said she received
objections from the Markoupoulos group regarding this vacation, but they also are seeking
a resolution to related issues.
One Commissioner said he spoke to Dave Healy, Executive Director of the PPC, who
has indicated the PPC will reject Beach by Design. Mr. Stone said he would contact the
PPC tomorrow, as he has not received a report regarding the PPC's decision on Beach by
Design. He said there are 2 conditions tied to development, therefore, approval of the
vacation does not mean the road will be closed. Regardless of the Commission's decision
today, it would not affect the PPC's decision. In response to a question, Mr. Stone said
the rationale for seeking Commission approval of this item is to convince the development
partners that are committed to the Marriott Seashell Resort to continue to move forward.
Commissioner Hamilton moved to adopt Ordinance #6779-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
IIAyesll:
Gray, Hamilton, and Aungst.
IINaysll:
Jonson and Hart.
Motion carried.
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ITEM #67 - Ord. #6780-01 - Vacating east 35' of 70' r-o-w of Gulf View Blvd. lying south
of westerly extension of a line 20' north of and parallel to northerly lot lines of Lots 57 &
104, L1oyd-White-Skinner Sub. and lying north of westerly extension of southerly lot line of
Lot 59 of same sub., a/k/a south lot line of Beach Place Motel Condo, Sec. 7-29-15,
subject to conditions (AI-Nayem International, Inc. and Thavabalasigham, V2001-06)
The City Attorney presented Ordinance #6780-01 for second reading and read it by
title only.
The City Attorney reported a letter of objection from the Markoupoulos group has
been received.
One person spoke in opposition to the vacation.
One person spoke in favor of the vacation and said although some minor issues
need to be addressed, the City must move forward to encourage pending development
plans.
Commissioner Gray moved to adopt Ordinance #6780-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Gray, Hamilton, and Aungst.
"Nays":
Hart and Jonson.
Motion carried.
ITEM #68 - Ord. #6783-01 - Vacating westerly 5' of 10' drainage & utility easement lying
along east property line of Lot 90, Northwood West Sub., 2527 Anderson Drive West, less
southerly 10' (Riveros, V2001-08)
The Mayor presented Ordinance #6783-01 for second reading and read it by title
only. Commissioner Jonson moved to adopt Ordinance #6783-01 on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays":
None.
ITEM #69 - Ord. #6792-01 - Vacating southeasterly 5' of 10' drainage & utility easement
lying along northwesterly lot line of Lot 8, Blk D, Northwood Estates, 2610 Fallsrock Dr.,
less & except northeasterly 5' (Flament, V2001-09)
The City Attorney presented Ordinance #6792-01 for second reading and read it by
title only. Commissioner Gray moved to adopt Ordinance #6792-01 on second reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays":
None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #70-74) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda to allow discussion and voting on the item individually.
ITEM #70 - Approval of Purchases per Purchasina Memorandum:
1) Golden Triangle Portable Toilet Company, Inc., portable toilet services, 5/4/01-5/31/02,
est. $50,000 (PR)
2) Good Rentals, tent/table/chair rentals, 5/5/01-5/31/02, est. $50,000 (PR)
3) Motion Industries, 15 Sumitomo - SM Cyclo gear motors, 5/4/01-5/31/02, est. $63,450
(PU)
4) McKim & Creed Engineering, EaR, shallow well evaluation, $29,200 (EN)
5) HDR Engineering Inc., EaR, supplement to bridge replacement design, Memorial
Causeway Bridge r-o-w acquisition, $86,400 (EN)
6) Harper Partners Inc., EaR, site plan, zoning review, structural, mechanical & electrical
design, Clearwater Beach Substation remodeling & renovation, $63,000 (PO)
ITEM #71 - Contract to Pierce Manufacturina Inc., for purchase of 2 Pierce Enforcer fire
engines, $761,279.93 (FO)
ITEM #72 - Contract for Allen's Creek Gabion Proiect and Stevenson Creek - Linn Lake
Gabion Basket Construction to Steve's Excavating and Paving, Inc., $737,356.94 (PW)
ITEM #73 - Drainaae & Utilitv Easement - Pine Brook Unit No.2 Sub., Blk D, part of Lot 10
(Ludekerl (CA)
ITEM #74 - Drainaae & Utilitv Easement - N 15' of E 15' of Sirmons Heights 1 st Addition.
Lot 83 and riparian rights (Finnerman a/k/a BollesHCA)
Commissioner Hart 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.
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #75 - First ReadinQ Ord. #6802-01 - Amending Ord. #6352-99 authorizing
Infrastructure Sales Tax Revenue Bonds (FN)
Ordinance #6352-99 was adopted on May 6, 1999, which authorizes the issuance
of Infrastructure Sales Tax (Penny for Pinellas) Revenue Bonds to finance certain
improvements within the City. There is a requirement in the original ordinance that the City
is prohibited from issuing additional bonds pledging Infrastructure Sales Tax unless the
pledged revenues received annually exceed 120% of maximum annual debt payment on
existing and new bonds.
Since the adoption of the original ordinance in 1999, economic and market
conditions now require that the coverage requirements be increased in order to obtain
favorable rates. Staff believes that 125% is an acceptable coverage, however, if the
market would require a further increase, this ordinance permits the coverage requirements
to be changed by subsequent resolution. This requirement will only have an impact if the
City decides to issue additional bonds that pledge Infrastructure Sales Tax as the
repayment source. This is not anticipated at this time.
Subsequent to the adoption of Ordinance #6352-99, the City held a successful
referendum on the Main Library project and successfully validated the Clearwater Beach
Entryway and the Memorial Causeway Bridge projects. The City intends to finance these 3
projects with the issuance of one series of bonds to be competitively sold in June 2001.
The projects are to be funded in the following amounts from the issuance of bonds:
1) Clearwater Beach Entryway - $10,000,000; 2) Memorial Causeway Bridge -
$22,330,000; and 3) Main Library - $13,250,000. Total construction costs are
$45,580,000. Estimated cost of issuance is $865,000. Estimated bonds to be issued is
$46,445,000.
Resolution #01-16 will be brought to the Commission at the same time as the
second reading of this ordinance, which will authorize the sale of not to exceed $50 million
of Infrastructure Sales Tax (Penny for Pinellas) Revenue Bonds. Only the amount of bonds
needed to fund the $45,580,000 construction costs will be issued (currently estimated at
$46,445,000).
Current market conditions reflect that the rate of interest on these bonds should
range from approximately 3.4% for bonds maturing in 2002 to 4.25% for bonds maturing
in 2009. This is subject to change based upon market conditions.
The annual debt service (principal and interest) on these bonds is anticipated to be
approximately $6.9 million. The pledged revenues (Penny for Pinellas) in FY 2000 were
$8.3 million, providing coverage of 120% at issuance. Our projections are that revenues
will continue to increase with revenues expected to range from $8.6 million in FY 2001 to
$13 million in FY 2009, with coverage ranging from 125 % to 188 %.
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Commissioner Jonson moved to increase the debt service coverage requirement for
issuing additional Infrastructure Sales Tax Revenue Bonds so that pledged revenues are
125% of maximum annual debt services (increased from 120%), and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6802-01 for first and final reading and read
it by title only. Commissioner Hamilton moved to pass Ordinance #6802-01 on first and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays":
None.
ITEM #76 - Res. #01-05 - Accepting franchise, privilege and concession of City of Largo
for purpose of furnishing gas within City of Largo; approving Interlocal Agreement related
thereto (SBS)
On April 17, 2001, the City of Largo Commission approved the Interlocal Agreement
with the City of Clearwater, which provides a franchise for the CGS (Clearwater Gas
System) to provide natural gas service in Largo. The CGS has provided service within the
City of Largo for at least the past 60 years under 2 prior 30-year successive franchises.
The Interlocal Agreement provides the City of Clearwater an additional 1 5 year non-
exclusive right to continue to construct, operate and maintain all facilities necessary to
supply natural gas within the City of Largo. The Interlocal Agreement provides for a 6%
franchise fee to be paid by the consumers of natural gas within the City of Largo.
Commissioner Jonson moved to approve and accept an Interlocal Agreement with
the City of Largo in order to provide natural gas service to the citizens of Largo. The
motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #01-05 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #01-05 and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #77 - First Readino Ord. #6799-01 - regulating late night & all night dance halls (PO)
There has been an increase in the popularity in the Tampa Bay area of late night or
all night dance halls and similar forums of assembly, commonly referred to as "raves".
These raves are common sites for illegal drug activity, underage drinking, and sexual
crimes.
This ordinance is a proactive attempt to control the criminal activities associated
with raves, such as the sale, possession and use of illegal drugs; predatory-type sexual
crimes; and the drug addiction, overdose and death of both juveniles and adults.
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The main features of the ordinance are: 1) Requires a permit to operate a dance
hall; 2) sets forth requirements to obtain such a permit: 3) provides for review of
application, and for appeal upon denial of any permit: 4) provides procedures and
requirements for renewal of permits; 5) provides for suspension or revocation of permit
under certain circumstances and for appeal upon suspension or revocation; 6) requires
separation of juvenile and adult dance halls; 7) provides for restricted hours of operation;
and 8) requires security and supervision of all dance halls during operating hours.
Violations of the ordinance will be punishable by a fine not to exceed $500., or
imprisonment for a term not exceeding 60 days, or by both a fine and imprisonment.
Assistant City Attorney Rob Surette said this ordinance divides dance halls into
adult and juvenile dance halls. Juvenile dance halls must be closed during the week at
11 :00 p.m. and at 12:01 a.m. on weekends. It prohibits the combination of the 2 types of
halls. The ordinance requires businesses to hire at least 2 extra duty police officers. He
entered into the record for the purpose of establishing that this ordinance is a lawful
exercise of the Commission's authority: 1) video tape of compilation of local television
investigative reports depicting the illegal activity occurring at all-night dance halls in the
Tampa Bay area; 2) transmittal memo forwarded to each Commissioner accompanied by a
copy of the videotape; 3) another video with news footage regarding raves; 4) a videotape
copy of Clearwater Police Chief Sid Klein's presentation at the April 30, 2001 Work
Session; 5) a compilation of Tampa Police and EMS reports supporting the need for the
ordinance; and 6) the agenda item.
One person spoke regarding the ordinance, expressing concern that this would
prohibit adult dance clubs from being open beyond 2 a.m.
In response to a question, Mr. Surette said an 18-year old dating a 17-year old
would not be able to go to a juvenile club. He said school and church dances would be
exempt under this ordinance. Mr. Surette said the reasoning behind the 2:00 a.m. closing
time is that alcoholic beverage establishments in Pinellas County are required to close at
that time. He said staff has made no effort to contact or meet with local area businesses
in Clearwater regarding this ordinance.
Discussion ensued regarding the possibility of a non-alcoholic adult dance club being
able to remian open past 2:00 a.m.
In response to a question, Ms. Akin said Tampa's ordinance has been challenged but
not overturned. This ordinance was modeled after Tampa and St. Petersburg ordinances.
Discussion ensued regarding changing the adult club closing time to 3:00 a.m.
Commissioner Hart moved to create a new Article III, Chapter 21, Code of
Ordinances, regulating late night and all night dance halls as recommended by staff. The
motion was duly seconded and upon the vote being taken, Commissioners Gray, Hamilton,
and Jonson voted "aye"; Mayor Aungst voted "nay". Motion carried.
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The City Attorney presented Ordinance #6799-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6799-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Hart, Gray, Hamilton, and Jonson.
:Nays":
Aungst.
Motion carried.
ITEM #78 - Brownfields Advisorv Board - 2 appointments (ClK)
Commissioner Hart moved to reappoint Brian Flaherty and Thomas Noble. The
motion was duly seconded and carried unanimously.
ITEM #79 - Beautification Committee - 3 appointments (ClK)
Commissioner Hamilton moved to appoint Allan Dadetto, Ann Tirpak, and Elizabeth
France. The motion was duly seconded and carried unanimously.
ITEM #80 - Other Pendina Matters
a) Kimpton/Markoupoulos Beach Redevelopment Concept (Heard prior to Item #66 - Ord.
#6779-01)
Bill Kimpton, principal in the Marriott Seashell Resort project, said he met with Tony
Markoupoulos to discuss Mr. Markoupoulos' proposal and understands his concerns. Mr.
Kimpton said he wants the area on the west side of the street to be a pedestrian area, not
a vehicular area. He has disclosed every issue he could think of to the newspapers and the
public in an effort to be straightforward regarding the project.
Blair Culpepper, Markoupoulos representative, said conceptual plans were developed
in the context of a settlement and all parties have agreed to abate the litigation for now.
Tony Markoupoulos said thanks to the Commission's challenge for all parties to
discuss their differences, a meeting took place toward that effort. He said he has been on
the beach for 15 years and wants to create what is in the City's best interests. He does
not wish to have traffic in front of the resort.
Richard Gehring, Kimpton group, said all parties are discussing their differences in
good faith. He referred to an aerial photograph of the proposed project. He said Mr.
Markoupoulos' driving concern was vehicular orientation. He said the Kimpton proposal
would take Beach by Design parameters and put them into a context that would enhance
those goals. The project would create the opportunity for the entire beach area to be
viewed as a unified area with open space. He briefly reviewed changes to the proposal.
Amenities would include public spaces, a beachwalk ,and a non-auto zone on the beach
side of the development.
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Mr. Kimpton said he was unsure of the City's position regarding an agreement to
sign a temporary abatement of all litigation regarding this project. His group is prepared to
sign the agreement. Ms. Akin said if the Commission approves vacation on tonight's
agenda, the Markoupoulos group could still reserve the right to litigate that subject. Mr.
Kimpton said he realizes this project will be controversial and distorted by various entities.
The proposed project would not develop west of the promenade except for public
amenities.
In response to a question, Ms. Akin said if the Commission approves Items #66 and
#67, the pending litigation would need to be dropped before the project could move
forward. She said it is almost certain that the Commission's approval of the vacation
agenda items would generate another lawsuit. The lawsuit must be filed within 30 days.
In response to a question, Mr. Gehring said a fifth turn lane into the resort could be
added into the frontage. He said the suggestion to keep some parking spaces for
employees and vendors who run the Pier 60 Pavilion would need to be worked out. He
said he anticipates future parking at the Marina or at the Pelican Walk in the long term
future. He said all the access points would need to be enhanced. He said public input
regarding redevelopment of the park area also would be needed.
In response to a question, Planning Director Ralph Stone said staff would like to
make Coronado 4 lanes, but is unsure if it can be done the entire length of Coronado. A
traffic study would be required and research regarding the properties on that road also
would be needed. He felt there would be sufficient parking for the south beach.
Ms. Arasteh said it would be necessary to keep the 5 lanes. In addition, a stacking
lane into the parking garage is necessary. She said she has not had the opportunity to
review the new project plans. She said there also is a need for turning capacity on the
newly designed Third Street.
The Mayor thanked all parties for their efforts to discuss their concerns and their
offer to abate the litigation for now. He requested that Mr. Markoupoulos come forward
with a term sheet and more designs, as well as specific information regarding the number
of rooms, etc. he plans for his project. Mr. Markoupoulos said his project plans call for 465
rooms but he would need to stay under the threshold.
Three persons spoke regarding the beach redevelopment concept, citing; 1) concern
about how it would affect artist vendors on the Pier; 2) hopes that the Commission will
remain pro-growth and continue to keep the public informed; 3) what loud streets would do
to the small motels in the area; 4) concern regarding moving traffic to other areas; and 5)
concern that other businesses have never been offered density bonus pool incentives.
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In response to a question, Mr. Gehring said parking rates would include a cap that
the resort could not exceed in order to remain market sensitive. He said he is willing to
hold community meetings to educate the public on the project and get their input, but lots
of design details are involved. He hopes to move forward with the project as soon as
possible. It was remarked that bringing the plan forward in its raw design stages is
preferable to presenting it to the public after all the plans have been made.
Mr. Stone said staff had planned to bring forth alternate parking garages on south
beach to the Commission at the May 17, 2001, meeting. He said that assumes decisions
and investments in properties to make it occur. Staff feels these parties need to move
along quickly and present plans to the public within a month. It was remarked that the
parking study should not be delayed. It was requested that study include all of south
beach in the traffic study and not commit to getting rid of Gulfview entirely. It is not the
City's intent to limit the developers' creativity but for them to consider complimenting one
another's projects. Mr. Gehring suggested an ongoing agenda item to provide an avenue to
keep the public informed.
Mr. Horne said the City may find it necessary to readdress the commitment to
parking prior to the bridge being built. Staff is still targeting a commitment to build a
parking garage by 2003. It was remarked that goal must include the condition the parking
garage is economically feasible.
In response to a question, Mr. Stone said this project does not conflict in any way
with Beach by Design.
The meeting recessed from 8:21 to 8:38 p.m.
CITY ATTORNEY REPORTS
ITEM #81 - Res. #01-17 - Opposing 6-laning Keene Road; requesting maximum of 4 lanes
The City Attorney presented Resolution #01-1 7 and read it by title only.
Ms. Akin said she received one letter of objection.
One person spoke regarding the resolution, requesting that the Commission limit
Keene Road to a maximum of 4 lanes as it is within 1 block of an elementary school. He
said other north/south arteries are not 6 lanes.
Commissioner Hamilton moved to pass and adopt Resolution #01-17 and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #82 - Other City Attornev Items - None.
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. ITEM #83 - Citv ManaQer Verbal Reports
a) Set additional Special Worksessions: 1) 2001-2002 Capitol Improvement Budget, 2)
2001-2002 Operating Budget, 3) Rules & Policies, 4) Social Service Programs
Consensus was to schedule: 1) 2001-2002 Capitol Improvement Budget - June
20, 2001 from 1 :00 to 4:00 p.m., City Hall; 2) 2001-2002 Operating Budget - June 25,
2001 from 9:00 a.m. to 12:00 p.m., City Hall; 3) Rules & Policies - date, time, location to
be determined; and 4) Social Service Programs - date, time, location to be determined.
ITEM #84 - Other Commission Action
Commissioner Jonson represented the Mayor on Saturday at the Arbor Day
celebration at Moccasin Lake. He complimented City staff for their participation. He made
a personal effort to address smart water use by checking his sprinkler system and
encouraged everyone to do the same. He thanked Ms. Wilkens for her list of smart water
use suggestions. He said his son will graduate from the University of Florida on Saturday.
Commissioner Hart thanked the police department for their efforts on the north end
of the beach.
.
Commissioner Aungst announced the Sun N Fun parade this Saturday. He thanked
Ms. Wilkens for her water conservation list. He thanked Commissioner Jonson for
attending the Arbor Day celebration as he was in Orlando on Saturday. He commended
Countryside High School for best High School newscast. He thanked everyone for
attending tonight's meeting.
Commissioner Hamilton thanked Lisa Chandler for Beachfest at Pier 60.
ITEM #85 - Adjournment
The meeting adjourned at 10:36 p.m.
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