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06/04/1998CITY COMMISSION MEETING CITY OF CLEARWATER June 4, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Karen Seel Commissioner Richard L. Hedrick Acting City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter Absent: Robert Clark Commissioner Michael J. Roberto City Manager The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Commissioner Johnson. 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 Proclamation: National Safety Awareness Month - June 1998 Code Enforcement Officers’ Appreciation Week - June 15 - 19, 1998 ITEM #5 - Presentations Howard Groth, CHA (Clearwater Housing Authority), presented a check in lieu of taxes and an annual report. a) Legislative Report - Senator Jack Latvala, Representative Sandy Safley and City lobbyists - Pete Dunbar & Martha Edenfield State Senator Jack Latvala expressed his appreciation for the opportunity to speak at today’s meeting. He said the Brownfields Two Bill offers a revolving loan fund to assist in clearing titles on orphan properties and a loan guarantee program to assist with low-income housing programs. This bill has designated the Clearwater Brownfields area as an enterprise zone. He reported legislation also passed that allows a coastal resort area to be a CRA (Community Redevelopment Agency) without the designation as a slum and blighted area. He has enjoyed worked closely with the City’s lobbying team. The Commission thanked the Senator for his efforts on Clearwater’s behalf. State Representative Sandy Safley thanked the Commission for their support. He said a local sources first bill relating to water resources exempted the West Coast Regional Water Supply to supply the City with a suitable potable water supply for the future. Pete Dunbar represents the West Coast Regional Water Supply and has spent a considerable amount of time attempting to negotiate a settlement to the “water wars”. An agreement is expected to be signed June 10, 1998, at the Florida Aquarium between Pinellas, Pasco, and Hillsborough counties, and St. Petersburg, Tampa, and New Port Richey. Governor Chiles will attend the meeting in recognition of the efforts being made. This agreement will be serve as a model to other parts of the State. He stated a portion of documentary stamp revenue has been dedicated as a recurring funding source for beach renourishment projects. The Commission thanked the Representative for his efforts on Clearwater’s behalf. Lobbyist Pete Dunbar thanked the Mayor for her letters and the City’s support, and those who supported legislation regarding enclave annexation. He said Clearwater is in an excellent position to take advantage of the Brownfields legislation. He noted this is an election year and changes will be made. There will be a new Speaker of the House of Representatives and a new State Governor. He anticipates legislation regarding eminent domain will again be an issue during next year’s legislative session. The Commission thanked Mr. Dunbar and lobbyist Martha Edenfield for their efforts on Clearwater’s behalf. ITEM #6 - Approval of Minutes Commissioner Seel moved to approve the minutes of the regular meeting of May 21, 1998, 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 Agenda - None. PUBLIC HEARINGS ITEM #8 - Public Hearing - Find valid public purpose & declare surplus for purpose of conveying title by Warranty Deed to FDOT a parcel of city-owned r-o-w in Sec. 16-28-16 adjacent to existing southerly r-o-w line of SR586, between Landmark Drive & McMullen Booth Road (PW) The FDOT has initiated a project to improve Curlew Road from 69th Street to State Road 584. To facilitate the project, the FDOT has requested the City transfer a portion of right-of-way conveyed to the City from Florida Convalescent Center, Inc. by Warranty Deed on January 14, 1987, and from the Reserve Partnership. Section 2.01(d)(4)(iii) of the City Charter provides that surplus real property may be transferred to another governmental entity for less than appraised value after an advertised public hearing has been held and a finding by the Commission of a valid public purpose for the transfer. In consideration of the City conveying the right-of-way, the FDOT will include in the project, at FDOT expense, construction of a right turn acceleration lane eastbound from Landmark Drive onto Curlew Road. There are no utility accommodations to be made within the subject right-of-way at City expense. Conveyance of the proposed right-of-way will unify State ownership and responsibility for Curlew Road as well as provide a uniform corridor for the roadway along this portion of Clearwater’s northeasterly corporate limits. John LeRoux, Attorney for Bill Baumgard, objected to the conveyance because it will facilitate a pedestrian overpass. He stated the title to the property was obtained by the City in 1990 from the developer of the Reserve Subdivision and was to be used to widen Curlew Road. If constructed, this proposed overpass will be within 3 feet of a 6-foot privacy fence on Mr. Baumgard’s property, and the height will intrude upon his privacy. The overpass will adversely affect Mr. Baumgard’s property value. He requested the City consider a conveyance with the restriction that improvements be at grade. He felt this conveyance is an unconstitutional taking of property without compensation. To protect his property, Mr. Baumgard is prepared to seek damages caused by construction of this overpass. In response to a question, Public Works Administrator Rich Baier said the overpass is to be constructed across the road and behind Mr. Baumgard’s property. The overpass is not proposed to be placed on City park property because Title 4F Impact law restricts governmental entities’ ability to widen roads and intrude upon parks and other properties. The FDOT (Florida Department of Transportation) has tried to work with Mr. LeRoux and his client regarding his concerns. Public notifications regarding this issue have been sent to homeowners in the area. The primary use for the overpass is for the safety of elementary school children. In response to a question, the City Attorney said the City met with Mr. LeRoux and disagrees with his statement that this is an unconstitutional taking of property without compensation. She said it depends upon the circumstances regarding whether dedication of right-of-way is required from a development. In response to a question, Mr. LeRoux said this is primarily an issue of privacy. He feels his client’s multi-story residence will be unsalable after construction of the overpass as proposed. He stated the homeowners association members indicated none of them had received notification regarding this overpass. He said it is wrong to place an unfair financial burden on one individual for the benefit of all without just compensation. It was remarked although there are double crossing guards at the intersection of Landmark Drive and 580 to accommodate school children in the area, that intersection is very dangerous and it is clear why the overpass is necessary. In response to a question, Mr. LeRoux said his client would not have an objection to the overpass going into the City park. In response, Mr. Baier said a strong case that another viable option does not exist would need to be made before intrusion into the park would be approved through the Title 4F Impact and the FDOT. He said this project has already been sent to Tallahassee and is ready to be let for construction. In response to a question, Mr. Baier said he did not know if the FDOT considered an underpass as a viable alternative. It was noted an underpass will be significantly more expensive and more hazardous than the overpass. It was remarked this issue involves weighing the safety of school children versus a citizen’s privacy concerns. It was requested information be supplied regarding the constitutionality of the 1990 transfer of the property. Commissioner Hooper moved to continue Item #8 to the June 18, 1998, meeting. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing - Declare surplus for purpose of granting non-exclusive public r-o-w easement to The Grand Reserve at Park Place Limited Partnership, for installing, operating, & maintaining landscaping & irrigation facilities therein, portion of Park Place Blvd. median strips lying in Sec. 17-29-16; approve a Maintenance Agreement governing said grant (PW) On October 25, 1996, the City certified the Final Site Plan - Master Plan for development of 395 rental apartments to be known as the Grand Reserve At Park Place. The certified site plan stipulates the developer will be responsible for installing, operating, irrigating, and maintaining landscaping within portions of roadway medians identified on the site plan. The City easement grants the necessary rights required for the developer to implement the site plan stipulations, and the Maintenance Agreement details operational covenants governing the easement grant. Among other conditions, the Maintenance Agreement specifies: 1) the easement rights are given in perpetuity or until the use is abandoned; 2) Grantee is obligated for all expenses associated with installation, maintenance and replacement of the facilities; 3) in the event of sale the new owner must either assume obligations of the Agreement, enter into a new agreement with the City, or remove the facilities and re-sod the easement property, and 4) Grantee will indemnify and hold the City harmless from any and all claims, costs or damages the partnership may incur, except those stemming from the City’s own negligence. Commissioner Seel moved to approve declaration as surplus for the purpose of granting a non-exclusive public right-of-way, easement to The Grand Reserve at Park Place Limited partnership (Grantee) for the purposes of installing, operating, and maintaining landscaping and irrigation facilities therein, a portion of Park Place Boulevard median strips lying within Section 17, Township 29 South, Range 16 East, and approve a Maintenance Agreement, governing said grant, all in consideration of the mutual benefits, covenants and conditions contained therein, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing - Declare surplus for purpose of granting an exclusive and perpetual ingress/egress easement to IMR (Information Management Resources, Inc.), its successors & assigns, all of Lots 9, 10 & 11 of Revised Map of The Original Lot 5, R. H. Padgett’s Sub., subject to approval & execution of a development agreement regarding real property commonly known as the “Annex Site” between the CRA and IMR, and conveyance of real property interests as stipulated therein, reserving to the City the remainder fee interests, including, but not limited to, all rights necessary for the construction & maintenance of public utility facilities within the full easement width (PW) It is anticipated the development agreement being formalized between the CRA and IMR will contain a provision that the subject property be made available to IMR for ingress/egress purposes from the southerly boundary of the “Annex Site” to the public right-of-way of Gould Street. A stormwater retention plan already approved by the parties, and now in the permitting process, provides for installation of a reinforced concrete stormwater pipe extending from the “Annex Site” through the center of the proposed easement to a pond to be constructed on the south side of Gould Street. The City reserves to itself all other property rights not consistent with the ingress/egress easement being granted to IMR. These rights will allow for construction and future maintenance of all public utilities as may be necessary for development of the “Annex Site”. This exclusive ingress/egress easement is granted for the purpose of facilitating planned development of the “Annex Site” and is specifically not for dedication of the premises as public right-of-way. The easement rights to be granted shall become effective concurrently with the conveyance by the CRA of real property interests to IMR, and only upon such conveyances. Assistant City Manager Bob Keller said this relates to the City’s ongoing efforts to attract a project referred to as the IMR Global Center to the corner of Cleveland Street and Missouri Avenue. It is anticipated IMR will need these 3 lots for ingress/egress to the development. The lots are south of the squared off portion connecting the property to Gould Street. Staff recommends a permanent easement be given by declaring the property surplus. In response to a question, he said declaring the property surplus is specifically for easement purposes and contingent on final resolution of the development agreement. In response to a question, he said the maintenance of the property will be IMR’s responsibility and the property will continue to belong to the City. Commissioner Johnson moved to approve declaration as surplus for the purpose of granting an exclusive and perpetual ingress/egress easement to IMR, Inc. (Information Management Resources, Inc.), a Florida corporation, and its successors, and assigns all of Lots 9, 10, and 11 of Revised Map of the Original Lot 5, R. H. Padgett’s Subdivision, according to the map or plat thereof as recorded in Plat Book 4, Page 32, of the Public Records of Pinellas County, Florida, subject to approval and execution of a development agreement regarding real property commonly known as the “Annex Site” between the CRA (Community Redevelopment Agency) of the City of Clearwater and IMR, and conveyance of real property interests as stipulated therein, reserving to the City the remainder fee interests, including, but not limited to, all rights necessary for the construction and maintenance of public utility facilities within the full easement width, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing & First Reading Ords. #6284-98, #6285-98 & #6286-98 - Annexation, MPD Zoning & Land Use Plan Amendment to Residential Medium for property located 1,000 feet east of US19N and north of Allen Creek, Sec. 29-29-16, M&B 22.01 & 22.02 and Sec. 20-29-16, M&B 33.07 (Allen Creek Properties, Inc. / Harbourside Realty Holding Co., A98-16, LUP98-06)(CP) The City Attorney said there is a problem with the Ordinance title and this item will come back to the Commission. Commissioner Seel moved to continue Item #11. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearing & First Reading Ord. #6289-98 - CN Zoning for property located at NE corner of intersection of Belleair Rd. and S. Ft. Harrison Ave., Oak Haven Sub., Lots 8-21 and Sec. 21-29-15, M&B 44.23 (John A. Lahara / Medec, Z98-08)(CP) - Staff request to Continue to 7/16/98 Commissioner Hooper moved to continue Item #12 to July 16, 1998. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #6258-98 - Relating to alcoholic beverage special event permit requirements; amending Sec. 22.90(12) to allow the serving of alcoholic beverages in containers meeting industry standards with the approval of the special events committee, providing such containers must be capable of visual inspection for contents, and prohibiting certain types of containers The City Attorney presented Ordinance 6258-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6258-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, and Garvey “Nays”: None Absent: Clark ITEM #14 - Ord. #6259-98 - Vacating 5’ utility easement lying along south side of Lot 9, Blk 27, Mandalay Sub., and City’s request to vacate remaining 5’ utility easement along south side of Blk 27 (Cronin, V98-04) The City Attorney presented Ordinance 6259-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance 6259-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, and Garvey “Nays”: None Absent: Clark ITEM #15 - Ord. #6272-98 - Vacating 3’ utility easement lying along west side of Lot 5, less southerly 2.5’, together with; westerly 34’ of the 3’ utility easement lying along south side of Lot 3, Blk 3, Tagarelli Sub. (General Home Development, V98-03) The City Attorney presented Ordinance 6272-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance 6272-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, and Garvey “Nays”: None Absent: Clark ITEM #16 - Ord. #6273-98 - Land Use Plan Amendment to Resort Facility High for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) Director of Development Services Lorenzo Aghemo said the applicant is requesting a rezoning for an existing motel to be developed from the current 20 units to 50 units. Current zoning allows 40 units. The maximum height under current zoning is 42 feet and the height of the existing structure is under that height. The Comfort Inn requires each franchise to have 50 units, prompting this rezoning request. Steven Swanberg, SDS Architects, Inc. spoke on behalf of the applicant. He said the applicant is requesting a zoning change for a commercial development to provide the density required by the Comfort Inn franchise. In response to a question, he said currently there are entrances on Edgewater and Sunnydale Drive. Plans are for an entrance only off Sunnydale Drive. It was remarked the Commission had requested the motel remove the parking from the front side of the motel on Edgewater Drive if possible. Mr. Aghemo said from a traffic standpoint, it is preferable to access the motel on Sunnydale Drive to reduce traffic back-ups on Edgewater Drive and allow landscaping at the front of the property. Eleven citizens spoke in opposition to the rezoning, expressing concern regarding: the height of the proposed building blocking the view and invading privacy of surrounding residences; increased traffic, especially on Sunnydale; increased water runoff from the property; and the proposal not being compatible with the residential neighborhood. It was questioned if proper notification of hearings had been done. In response to citizen comments, Mr. Swanberg said the State and City are working to alleviate drainage problems in the area. There is currently no retention on the property, with 35% to 40% of it being pavement. Plans are to build a pond on the redeveloped property for retention purposes. The applicant is proposing a total of 48 hotel units. Current zoning permits a height of 42 feet, but the new development may not go above 42 feet. This development will be a piece of architecture designed by a renown architect. The motel will incorporate better landscaping and maintenance and bring a higher quality clientele to the area. The under building parking will prevent obstruction of the water view. Should that parking not be under the building, the view would be eliminated entirely and green space would be lost. Staff requested the property be zoned CPD to allow the City more control. In response to a question, Mr. Swanberg said the owner is anxious to begin construction of the project. He requested the Commission vote in favor of this project. In response to a question, Mr. Aghemo said he was unsure of the size of the existing drainage pipes in the area. In response to a question, Mr. Baier said when creating more impervious surface, a pond is required to treat stormwater runoff. Raman Bhula, owner of the property, said he wishes to develop the motel for a Comfort Inn franchise to improve the quality of the clientele. It was questioned if there was any attempt to hold a neighborhood meeting regarding this development. He offered the Commission a copy of a letter distributed to residents, requesting their input regarding development of the motel. The letter indicated overall support of the development by those who responded. He said residents were told the new development will be 2 stories high with parking in order to salvage the water view. He said there is a drain in front of the motel office that frequently clogs with debris and backs up. In response to a question, Mr. Baier said redevelopment of this property includes a pond that will produce less water discharge. Currently there is no stormwater treatment at the site. It was remarked that one less cut off Edgewater Drive will not make a difference in traffic. Commissioner Johnson moved to continue Item #16 to June 18, 1998. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, and Seel “Nays”: Hooper and Garvey Absent: Clark Motion failed. However, per Commission rules, due to the tie vote, the item is continued to the next meeting. ITEM #17 - Ord. #6274-98 - CPD Zoning for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) Commissioner Seel moved to continue Item #16 to June 18, 1998. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, and Seel “Nays”: Hooper and Garvey Absent: Clark Motion failed. However, per Commission rules, due to the tie vote, the item is continued to the next meeting. The meeting recessed from 7:59 to 8:17 p.m. ITEM #18 - Ord. #6282-98 - Annexation for property located at 811 Berkley Place, Palmetto Terrace, Blk D, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15) The City Attorney presented Ordinance 6282-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6282-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, and Garvey “Nays”: None Absent: Clark ITEM #19 - Ord. #6283-98 - RS-8 Zoning for property located at 811 Berkley Place, Palmetto Terrace, Blk D, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15) The City Attorney presented Ordinance 6283-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance 6283-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, and Garvey “Nays”: None Absent: Clark ITEM #20 - Ord. #6288-98 - relating to telecommunication services and taxation; amending Secs. 29.72, 29.73, 29.74, and 29.76, and adding new Sec. 29.77, to bring City code into compliance with state statutes The City Attorney presented Ordinance 6288-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance 6288-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel, and Garvey “Nays”: None Absent: Clark ITEM #21 - Ord. #6301-98 - Relating to Skateboards, Roller Skates, and In-Line Skates; amending Art. I of Ch. 28, creating Sec. 28.11 to prohibit a person from using skateboards, roller skates, and in-line skates in specified locations Commissioner Hooper moved to amend Ordinance #6301-98 on second reading in Section 28.11(1)(a) as follows: (a) in any public parking garage including the access/egress ramp. The motion was duly seconded and carried unanimously. The Mayor said the Commission feels this ordinance is necessary to obtain responsible behavior regarding skateboarders, roller skaters, and in-line skaters. In response to a remark, the City Attorney explained this Ordinance prohibits skaters skating up and down ramps in parking garages, but permits skating in parking lots. It was remarked allowing skating up and down ramps in garages would be dangerous. The City can post signs prohibiting skating in specific parking lots. The City Attorney presented Ordinance #6301-98 as amended for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6301-98 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel and Garvey. “Nays”: None Absent: Clark CITY MANAGER REPORTS CONSENT AGENDA (Items #22-27) - Approved as submitted. ITEM #22 - Approval of Purchases per 5/14/98 memorandum: Mueller Distribution Contractors, installation of polyethylene gas mains & service lines throughout gas system, extension, 6/30/98-9/30/98 (GAS) Cushion Deck International, purchase & installation of cushion deck safety play surface at Cherry Harris Park, $43,505.25 (SW) Ross Systems, Inc., financial system software licenses & maintenance, 6/30/98-6/29/99, $53,000 (IM) ITEM #23 - Trustees of Clearwater Firefighters’ Supplemental Trust Fund - Reappoint Myron Ahrens and Rick Stucker (FD) ITEM #24 - Lease (renewal) for South Clearwater Police Mini-Station, 1453 S. Greenwood Ave., Space B, with Theodore V. Klinger and Mary G. Klinger, 7/1/98-12/31/99, at rental amount $4,950 (PD) ITEM #25 - Approve recommendations for Special Events Grants Funding pilot program, granting total of $50,000 to 8 Clearwater non-profit organizations for new or expanded special events (TR) ITEM #26 - C.O.#2 to Island Estates Reclaimed Water Transmission and Distribution System, Contract No. 1, Kimmins Contracting Corp., decreasing contract by $274,449.16 for new total of $3,377,165.86; C.O.#1 to Island Estates Reclaimed Water System, Pumping Station and Storage Tank, Contract No. 2, Wharton-Smith Inc., increasing contract by $87,049 for new total of $2,499,049; and approve time extension of 34 calendar days (PW) ITEM #27 - Approve Consultant Selection Committee’s recommendation to retain Camp Dresser & McKee, Inc., King Engineering Associates, Inc., Parsons Engineering Science, Inc., Tampa Bay Engineering, Inc., and Wade Trim, Inc., as additional City Engineers of Record (PW) Commissioner Hooper moved to approve the Consent Agenda as submitted and to authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #28 - Contract to purchase real property commonly known as “Atrium Apartments”, 1707 N. Ft. Harrison Ave., Lesley’s Sub., part of Lots 8 & 9 lying east of Ft. Harrison Ave. extended, from Proactive Enterprises, Inc., $370,000; pay est. $21,500 for environmental audits, $2,900 for boundary survey & closing costs, demolition expenses, excluding remediation of friable asbestos containing materials, est. $56,085, including 10% allowed for contingencies; minimum park development costs est. $38,785 exclusive of certain labor costs, for TOTAL acquisition costs est. $489,270 plus certain costs presently undetermined, contingent upon the City being able to withdraw from the contract if environmental investigations reveal conditions reasonably unsatisfactory to the City (PW) The Atrium Apartments were constructed in 1927 at the apex of North Fort Harrison and Myrtle Avenue. This aging structure dominates the Alternate U. S. Highway 19 northerly entry into Clearwater. Further impetus for this purchase comes from area residents and the Old Clearwater Bay neighborhood strongly supporting “One City. One Future.” goals to beautify entryways into Clearwater. Among other conditions of the purchase, Seller is required to deliver the property at closing completely vacated of any tenancies. At this time, the extent of difficulties associated with pre-existing site conditions cannot be determined without performing a Phase I and limited Phase Ii audit of the property at a cost not to exceed $21,500. The City will have 60 days following acceptance in which to conduct this investigation and may withdraw from the contract if investigations reveal conditions reasonably unsatisfactory to the City. If it is determined the structure should be demolished following its purchase, a demolition contractor has estimated the cost at approximately $56,085, including a 10% contingency allowance, and subject to determination of the extent and types of asbestos present in the building, which may increase demolition costs by an amount unknown without completing an asbestos audit. Preliminary plans to create an attractive passive park on the leveled site have been estimated at approximately $38,785, exclusive of certain labor costs, which would be competitively bid. The park would provide an attractive entry into Clearwater, as well as serving to partially satisfy a stated Comprehensive Plan objective for one acre of park land in this planning district. City Charter section 2.01(d)(4)(ix) requires one appraisal be performed for a property purchase exceeding $250,000 but less than $500,000 in value. This property was previously appraised for the City on January 3, 1996. The value was determined to be $300,000 at that time. It is believed that valuation remains approximately relevant. In addition to this purchase furthering “One City. One Future.” goals, it will also replace a neighborhood feature perceived to be adverse to public safety and welfare with one which will be a major enhancement. Funding in the amount of $416,000 will be provided from the undesignated retained earnings of the Special Development Fund. The balance of $73,270 will be provided by a transfer of infrastructure funds form project 315-93316, Bayfront Park Renovations. Mid-year budget amendments will address these amendments and establish a project for this purchase. Mr. Baier said this contract will allow appropriate entrance to the northern business district along Fort Harrison and address the asymmetrical one-way pair. There has been some discussion regarding the previous owner’s agreement to sell the property to the City at a lower price. At that time the City Commission had decided against the purchase price and was concerned about possible site contamination of underground storage tanks. This contract provides for title and title insurance. All liens must be cleared or paid before closing. The current owner has 120 days to clear any exceptions or the City can terminate the contract. The City will obtain a certified survey of the property. Taxes up to the day of closing are to be collected from the current owner and paid to the County Tax Collector. The property is to be vacated of tenants prior to the day of closing. The City now has a better grasp on environmental issues at the property and has 45 days after execution of the contract to examine those issues and decide if it meets the City’s needs. Additional data obtained after Monday’s Worksession reveal a low priority for clean-up. No petroleum-contaminated soils were detected above the ground water table. There is very little or no migration of known contamination. The eligibility for remediation assistance under the FDEP (Florida Department of Environmental Protection) Abandoned Tanks Program passes to the City upon purchase by the City. The City is not obligated to pursue photo assessment or remediation at the site as long as there are no additional releases at the site. If the City owns this property, they would only be responsible for a $500 State deductible. The site can be recommended for a no further action letter. The City will have the ability to landscape the property without a concrete cap. The recommendation has been amended regarding the City’s ability to withdraw from the contract should the environmental costs be unacceptable. The Special Development Fund contains all special revenues such as Recreation and Development Impact Fees, Penny for Pinellas Funds, and a Local Option Gas Tax. If particular interest earnings are not restricted, they are placed in the “undesignated retained earnings of the Special Development Fund”. With the allocation of the $416,000 of these earnings to the Atrium Fund, the balance in the undesignated category is estimated at $0. Acting City Manager Rich Hedrick said the City Manager asked he convey to the Commission that he strongly recommends acquisition of this property. The property was not for sale when the City approached the owner. Commissioner Seel checked with a condemnation attorney who confirmed the asking price is in line with condemnation costs. Eleven citizens spoke in favor of the purchase. They said it would eliminate an eyesore in the area and a location that has generated excessive calls for Police response. Police Officer Sandy Thompson reported from December 1996 to present there have been 527 calls regarding this property, 276 from May 1997 to May 1998. The calls related to drugs, prostitution, etc. In response to questions, Mr. Baier said the entire cost for the property, including demolition, asbestos removal and environmental costs is $489,270. The property itself will cost $370,000; demolition costs, including asbestos removal, are $56,000. A 10% contingency is included in case an overage of asbestos is found. In return for the $489,270, citizens will receive demolition of the building and a passive park. Commissioner Seel moved to approve a contract to purchase real property commonly known as the “Atrium Apartments” located at 1707 North Fort Harrison Avenue, being legally described as Lesley’s Subdivision, that part of Lots 8 and 9 lying east of Fort Harrison Avenue extended, from Proactive Enterprises, Inc. for $370,000, and pay estimated expenses of $21,500 for environmental audits, $2,900 for a boundary survey and closing costs, demolition expenses, excluding remediation of friable asbestos containing materials, estimated at $56,085, including 10% allowed for contingencies, minimum park development costs estimated at $38,785, exclusive of certain labor costs, for total acquisition costs estimated at $489,270, plus certain costs presently undetermined, contingent upon the City being able to withdraw from the contract if environmental investigations reveal conditions reasonably unsatisfactory to the City, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioner Seel, Hooper and Mayor Garvey voted “Aye”; Commissioner Johnson voted “Nay”. Motion carried. Commissioner Johnson said he respects and supports residents, but feels $370,000 is too much for this rat-infested property. He wants to ensure the City is negotiating with property owners to obtain the best price possible. In response to a question, Mr. Baier said only after several contacts did the property owner agree to negotiate with the City. It was remarked the Atrium is a scary place and the City wants to improve the community. Matthew Barnicle, owner of the Atrium Apartments, said he has negotiated with the City. He agrees the City must make a decision now regarding purchase of his property. ITEM #29 - Res. #98-21 - Requesting the FDOT to convey title of the property located at 1400 Young Avenue, Clearwater, Florida, to the City of Clearwater, or otherwise grant permission to the City to allow placement of additional antennas on the existing tower located on said property (CP) City staff desires to allow placement of additional antennas on the City-owned tower located at 1400 Young Avenue. In particular, staff desires to allow BellSouth Mobility, Inc., to locate antennas on the tower in order to avoid construction of a new 120-foot high tower proposed on the north side of Belleair Road, approximately 200 feet west of Highland Avenue. The land upon which the City-owned tower is located is leased from the FDOT (Florida Department of Transportation). Placement of additional antennas on the City-owned tower required either a lease amendment or conveying title of the property to the City. In order for the FDOT to consider amending the lease or conveying title of the land, the FDOT requires the City Commission pass a resolution requesting same. In response to a question, Mr. Aghemo said this is the first step in the process. Should the request be denied, the final authorization of construction of the tower will not come before the City Commission. Concern was expressed that one of the City’s regulatory boards has approved a substantial variance for construction of a new tower. It was remarked the City wants to ensure a proliferation of towers with height variances does not occur. Mr. Aghemo said one of the conditions of the approval was that it is temporary. Staff is working with the County to address locations of towers. Commissioner Seel moved to approve requesting the FDOT (Florida Department of Transportation) convey the title of property at 1400 Young Avenue to the City of Clearwater, or otherwise grant permission to the City to allow placement of additional antennas on the existing tower on said property. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-21 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #98-21 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Seel, Johnson, Hooper, and Garvey “Nays”: None Absent: Clark ITEM #30 - Brownfields Advisory Board - 9 appointments (CM) Assistant City Manager Bob Keller said a State law that created the Brownfields area requires a 9-member advisory board be appointed. Appointees are required to meet certain qualifications. Commissioner Seel moved to appoint Mary Miller for a 2-year appointment in the resident category. The motion was duly seconded and carried unanimously. Commissioner Seel moved to appoint Robert J. Washington for a 3-year appointment in the resident category. The motion was duly seconded and carried unanimously. Commissioner Seel moved to appoint Willa L. Carson for a 4-year appointment in the resident category. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint Gary S. Gray for a 2-year appointment in the business owner category. The motion was duly seconded and carried unanimously. Commissioner Seel moved to appoint Brian Flaherty for a 3-year appointment in the business owner category. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint Amy Lovett for a 4-year appointment in the business owner category. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint Steven Fowler for a 2-year appointment in the agency or government representative category. It was questioned if this appointment will be a conflict of interest for Mr. Fowler. Consensus was it will not. The motion was duly seconded. Upon the vote being taken, Commissioners Seel, Johnson and Hooper voted “Aye”; Mayor Garvey voted “Nay”. Motion carried. Commissioner Hooper moved to appoint Dr. Thomas R. Noble for a 3-year appointment in the agency or government representative category. The motion was duly seconded and carried unanimously. Commissioner Hooper moved to appoint Dr. Renu Khator for a 4-year appointment in the agency or government representative category. The motion was duly seconded and carried unanimously. ITEM #31 - Historic Preservation Board - 1 appointment (CLK) Commissioner Seel moved to reappoint Margaret Kiehl. The motion was duly seconded and carried unanimously. ITEM #32 - CNHS BOD - 1 appointment (CLK) Commissioner Hooper moved to reappoint Howard Groth. The motion was duly seconded and carried unanimously. ITEM #33 - Airport Authority - 1 appointment (CLK) Commissioner Johnson moved to appoint Ronald Streicher. The motion was duly seconded and carried unanimously. ITEM #34 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #35 - Other City Attorney Items - None. ITEM #36 - City Manager Verbal Reports Mr. Baier reported on a meeting regarding a pilot project for traffic calming held with 3 neighborhoods in the Countryside area. He indicated it was a good meeting with approximately 120 people in attendance. In response to a question, he said constructive comments were made. In response to a question, Mr. Baier said some neighborhoods have high traffic volume problems on residential streets due to drivers cutting through neighborhoods. Costs allocated for this project will address traffic calming while safeguarding the aesthetics of the area. In response to a question, he said signs are placed at entrances of neighborhoods indicating roads are open to residential traffic only. Staff is working with the St. Petersburg Times and C-View TV to inform citizens of this project. The project will be monitored to determine if it is working and where necessary changes will be made. ITEM #37 - Other Commission Action Commissioner Seel questioned a reference to tours of 1A facilities in an RFQ for a study of the Phillies economic impact. It was indicated this will be a tour of facilitates of that class of teams. Commissioner Seel reported the DDB (Downtown Development Board) is requesting consideration of placing restrooms in Station Square Park. Lillian Trickle and Margaret Dolan have been nominated to replace Roger Woodruff on the DDB. Other nominees will also be accepted. She reported another mural is in progress at the corner of East Avenue and Cleveland Street. Commissioner Hooper reported the DDB will be having a special meeting regarding the budget on June 9, 1998. Commissioner Seel questioned a letter from Mr. Jonson regarding the Stowell property. The City Attorney indicated this involves an action by the FDOT (Florida Department of Transportation) and does not involve the City. Commissioner Seel questioned a letter requesting Arcturas Avenue be renamed Turkey Trot Lane. Consensus was not to make a permanent name change. It was suggested a temporary sign be allowed during the Turkey Trot. Commissioner Hooper indicated he felt the City Manager’s letter to the Wall Street Journal regarding a recent article about Clearwater was appropriate. ITEM #38 - Adjournment The meeting adjourned at 9:41 p.m.