07/20/2000CITY COMMISSION MEETING
CITY OF CLEARWATER
July 20, 2000
Present: Brian J. Aungst Mayor/Commissioner
J. B. Johnson Vice-Mayor/Commissioner
Ed Hooper Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Also present: Bill Horne Assistant City Manager
Bob Keller Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Benjamin Adams, Jr. of St. John Primitive Baptist Church. The Mayor led the
Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily discussed in that order.
ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Introductions and Awards – None.
ITEM #5 – Presentations – None.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of June 15, 2000, and the special meetings of June 15, 2000, July 12, 2000, and July 13, 2000, 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
George Byrnes recommended techniques to encourage downtown redevelopment.
Jason Bangos, Fran Glaros, Jonathan Wade, Bob Bickerstaffe and Betty Clark supported the efforts of City Manager Mike Roberto.
Loren Westerberger recommended the City purchase property near Bayview for a park.
Robert Minton spoke in opposition to Scientology.
Rick Ortega expressed concern the Keene Road extension will negatively impact the Skycrest neighborhood.
Sonja Haught and David Campbell spoke in support of City Manager Mike Roberto’s resignation.
David Campbell requested an audit of City costs for advertising the July 11, 2000 referendum.
Jim Ficken opposed some meeting procedures and recommended bringing together both sides regarding downtown redevelopment.
John Wiser complimented City beautification efforts and recommended the City adopt a cigarette-littering ordinance.
Hans Schwarer, Joanie Sigal, and Benetta Slaughter said they are Scientologists and productive members of the community and expressed concerns they were being discriminated against
due to their religion.
Judy Melges encouraged the Commission to move forward with the Main Library project on the Osceola Avenue site.
Betty Clark expressed disappointment regarding bitterness, lying, and character assassinations related to the July 11 referendum. She encouraged residents to set aside their differences.
PUBLIC HEARINGS
ITEM #8 - Public Hearing - Approve City's Fiscal Year 2000-2001 Consolidated Plan along with a 5 year consolidated plan as required by HUD (PLD)
USHUD (U.S. Department of Housing & Urban Development) requires communities, which receive entitlement funds, to prepare a comprehensive 5-year plan that evaluates community needs and
presents strategies to address those needs. The City also is required to develop and implement an annual statement identifying the City’s sources and uses of Federal money for community
and economic development and housing.
The goals of the Consolidated Plan are to develop viable communities, provide safe and affordable housing, and expand economic opportunities for very low- to moderate-income persons.
This year’s Consolidated Plan allocates Federal and State funds to provide low- to moderate-income families with housing opportunities for new and existing homes, job training, placement
services, construction and/or renovation of public facilities, and to support programs for the homeless, single-parent households, the elderly, the physically challenged, and children.
In FY (fiscal year) 2000/01, the City expects to receive $1,001,000 in CDBG (Community Development Block Grant) funds, $463,000 from HOME, and $854,299 from SHIP (State Housing Incentive
Partnership Program). HOME and SHIP funds are limited to housing
activities. CDBG funds may be used for housing, economic development, code enforcement, public services and facilities, relocation, demolition, and administration.
Each year, the City is allowed to allocate 15% of its budget, or $150,000, for Public Services. This year’s applications requested more than $500,000. The TRC (Technical Review Committee)
and NAHAB (Neighborhood Affordable Housing Advisory Board) reviewed the applications, scored them, and recommended a strategy to fund as many agencies as possible. Recommended for funding:
1) Boys and Girls Clubs of the Suncoast, Inc.; 2) Clearwater Homeless Intervention Project, Inc.; 3) Girls Inc. of Pinellas; 4) Lockheed Martin: Pinellas Works!; 4) Partners in Self
Sufficiency, Inc.; 5) Pinellas Opportunity Council, Inc., 6) Kimberly Home, Inc.; and 7) Mustard Seed Turning Point program. Agencies not selected for funding may apply to the City’s
Human Relations Grant program.
In February 2000, staff advertised fund availability and conducted a workshop. Applicants had 30 days to complete and submit their applications. NAHAB and TRC members visited applicant
agencies during a bus tour. Staff reviewed the applications and verified all meet USHUD requirements. The TRC based their review on technical merits. NAHAB based their scores on member
knowledge of the agencies and impact on the community. TRC and NAHAB scores were weighed evenly.
NAHAB adopted a sliding scale: 1) top two agencies - 60% of request; 2) next two agencies – 50% of request; 3) next agency - 40% of request; 4) next agency – 30% of request; and 5)
next agency – 15%.
CSF (Community Service Foundation) Executive Director Jerry Spilatro complimented NAHAB and the efforts of staff related to housing and reviewed his agency’s accomplishments.
Commissioner Hooper moved to approve the City’s Fiscal Year 2000-2001 Consolidated Plan, along with a five-year Consolidated Plan as required by HUD. The motion was duly seconded and
carried unanimously.
ITEM #9 - Public Hearing & First Reading Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying east of US19 & west of Chautauqua Avenue (formerly Main Street)(Dimmitt, V99-13)(PW)
The applicant proposes to incorporate the Third Avenue South right-of-way into the auto dealership’s operations. The right-of-way is unimproved, not used by vehicular traffic, and
has no City infrastructure. Florida Power and GTE do not object provided an easement is granted for their facilities. Other utilities have no objections.
Commissioner Johnson moved to approve the applicant’s request to vacate the 60-foot right-of-way off Third Avenue South, lying east of US 19N and west of Chautauqua Avenue (formerly
Main Street) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6476-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6476-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #10 - Public Hearing & First Reading Ord. #6530-00 - Vacating irregular 40' r-o-w of N. Osceola Ave., lying between Jones St. & Georgia St., subject to applicant granting a new
30' r-o-w, constructing a realignment of N. Osceola and granting a 20' drainage & utility easement (Osceola Bay Development, LLC, V00-06)(PW)
The applicant proposes to use the right-of-way and adjacent properties to construct a 150-unit condominium complex. The right-of-way is a paved one-way roadway used by vehicular and
pedestrian traffic. Traffic flow will be maintained during the realignment. City utilities in the right-of-way will be relocated at the applicant’s expense. Staff recommends approval
subject to conditions: 1) applicant grant 20-foot drainage and utility easement; 2) applicant grant 30-foot realigned right-of-way; and 3) applicant construct North Osceola Avenue realignment,
sidewalk, utilities, and street lighting. The applicant acknowledges any improvements built over or across the easement area are constructed at the applicant’s own risk. To the extent
that such improvements are damaged by City use of the easement, the City shall not be required to restore such improvements. The realigned North Osceola Avenue will feature a 25-foot
turning radius at Jones Street.
GTE and Time Warner have no objection provided the applicant pays to relocate their facilities. Florida Power and GTE Media Ventures have expressed no objection provided an adequate
easement is provided, and they are reimbursed for relocation costs. The CDB (Community Development Board) approved this request. Old Clearwater Bay Association representatives have
reviewed the plan and offered no objections.
Regarding the proposal for a narrower roadway replacement, it was recommended the road’s current width be maintained. In response to a question, Planning Director Ralph Stone said
striking modifications to the site plan required special expertise. Staff contracted one of the City’s architectural firms of record on an hourly basis in an advisory capacity to meet
with the applicant’s architect, submit written recommendations, and appear at the CDB meeting.
One person spoke in opposition and two spoke in support of the request.
Commissioner Johnson moved to approve the applicant’s request to vacate the irregular 40-foot right-of-way of North Osceola Avenue lying north of Jones Street and south of Georgia Street,
less the northernmost portion of North Osceola Avenue running south from the south right-of-way line of Georgia Street, for a distance of approximately 370 feet, subject to the applicant
granting a new 30-foot right-of-way, constructing the realignment of North Osceola Avenue, and granting a 20-foot drainage and utility easement, and that the appropriate officials be
authorized to execute same. The motion was duly seconded. Commissioners Johnson, Clark, Hooper, and Mayor Aungst voted “Aye”; Commissioner Hart voted “Nay.” Motion carried.
The City Attorney presented Ordinance #6530-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6530-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Aungst.
"Nays": Hart.
Motion carried.
ITEM #11 - Public Hearing & First Reading Ord. #6573-00 - Amendments to Community Development Code (PLD)
When considering Ordinance #6526-00 last month, the City Commission deferred action on several issues. Ordinance #6573-00 proposes amendments to the Community Development Code as requested
by the City Commission: 1) regulate rental of residential property; 2) regulate duration a portable storage unit can remain on residential and non-residential property; 3) increase amount
of permitted window signage; 4) regulate temporary sign coverings; 5) allow two signs, instead of one, on portable storage units; and 6) prohibit parking on landscaped areas in front
setbacks in residentially zoned districts.
Staff also requests the City Commission consider additional amendments: 1) allow roof structures on publicly owned boardwalks and observation platforms; 2) expand nuisance provisions
related to newsracks; 3) refine nonconforming purpose provisions; and 4) reduce time allowed to correct nuisance violations.
Nine people spoke in support of restricting minimum rental periods. Ten people spoke in opposition to the proposal. One person had no objection.
Two people supported restricting parking on the grass and two people opposed the proposal.
A portable storage unit representative requested that units be permitted in the back or side yards of homes for extended time periods. One person opposed allowing units in those areas.
One person opposed extending the time units can remain on-site.
Transient Accommodations
Planning Director Ralph Stone reviewed State and County legislation regarding transient accommodations. It was noted residents of several Sand Key condominium buildings, which allow
short-term rentals, had recommended the change. It was felt residents should address this issue through their association rules and documents. Opposition was expressed to government
intrusion in private property rights. If the changes are not approved, staff will contact the County to see if the City is required to enforce County regulations. The State permits
residential properties to be rented up to 30 days, three times a year, without a permit. Concern was expressed transient accommodations in single family homes disrupt neighborhood security
and solitude.
Commissioner Johnson moved to deny approval of regulations restricting minimum rentals of residential property. The motion was duly seconded. Commissioners Johnson, Clark, Hooper,
and Hart voted “Aye”; Mayor Aungst voted “Nay.” Motion carried.
Parking on Grass
Commissioner Johnson moved to approve regulations that prohibit parking on landscaped areas in front setbacks in residentially zoned districts. The motion was duly seconded.
Concern was expressed enforcement will be selective.
Commissioner Hooper moved to amend the motion to add language “If parking on the grass is required, this is to occur in a designated location. This designated parking area is to be
located adjacent to a driveway (if one exists) or located as approved by the zoning department. If this designated parking location cannot be maintained as a grass area and is reported
by neighboring residents as a detrimental property, it is required that the designated parking area be filled in, by the property owner, with pavers, river stone, concrete, turf block,
or other suitable parking material.” The motion was duly seconded.
Discussion ensued regarding recommended requirements.
Commissioner Hooper and the seconder withdrew the motion to amend.
Commissioner Johnson and the seconder withdrew their motions.
Consensus was to review proposed changes at a future meeting.
Temporary Signage Coverings
Commissioner Clark moved to approve regulations restricting temporary sign coverings to 30 days after the issuance of an occupational license. The motion was duly seconded and carried
unanimously.
Window Signs
Commissioner Hooper moved to increase the amount of permitted window signage up to 8 square-feet provided signage covers 25% or less of the window and total window signage does not
exceed 24 square-feet. The motion was duly seconded and carried unanimously.
Portable Storage Units
Commissioner Johnson moved to: 1) permit portable storage units on residential property for no more than 4 days and no more than 4 times a year, 2) permit portable storage units on
non-residential property for 30 days or for the duration of an active construction permit; 3) increase the number of permitted sign faces from one to two provided each sign face does
not exceed 12-inches by 18-inches; and 4) add portable storage unit to permitted temporary
use list. The motion was duly seconded. Commissioners Johnson, Clark, Hooper, and Hart voted “Aye”; Mayor Aungst voted “Nay.” Motion carried.
Roofed Structures
Commissioner Hooper moved to permit roofed structures on publicly owned boardwalks, observation platforms, elevated nature trails, and other such structures not intended for use as a
dock facility. The motion was duly seconded and carried unanimously.
Newsracks
Commissioner Clark moved that any newsrack on public property not in compliance with the newsrack requirements is a nuisance and to provide code enforcement officers the ability to remove
non-compliant racks after sufficient notice is given to the owner and it is not removed. The motion was duly seconded and carried unanimously.
Nonconforming Purpose Provisions
Commissioner Johnson moved to clarify that structures, uses, and lots that were lawful on the date of the adoption of the code, but not under the new Code, are considered nonconforming
and that the intent of the Code is to bring nonconforming properties into compliance through a change of use, redevelopment, or other change of condition. The motion was duly seconded
and carried unanimously.
Reduction in time given to correct nuisance violation
Commissioner Hooper moved to reduce the required compliance time to correct a nuisance violation from ten days to five days. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6573-00 for first reading and read it by title only, deleting Section 2, 3, and 11. Commissioner Clark moved to pass Ordinance #6573-00 on first
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #12 - Ord. #6552-00 - Vacating 40' r-o-w of Bay Avenue, lying N of Pinellas St. & S of north r-o-w line extended of Sadler St. together with 40' r-o-w of Sadler St., lying E of
Bay Ave. & W of Reynolds Ave., subject to retaining a drainage & utility easement over Bay Ave. (Morton Plant Mease Health Care, V00-07)
AND
ITEM #13 - Ord. #6567-00 - Amending Operating Budget for Fiscal Year ending 9/30/00
AND
ITEM #14 - Ord. #6568-00 - Amending Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/00
The City Attorney reported the second reading of these ordinances must be continued due to the newspaper failing to run the necessary advertising.
Commissioner Johnson moved to continue the second readings of Ordinances #6552-00, #6567-00, and #6568-00 to August 3, 2000. The motion was duly seconded and carried unanimously.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-25) – Approved as submitted.
ITEM #15 - Approval of Purchases & Declaration of Surplus per Purchasing Memorandum:
1) McClain Southland Inc., two 2000 Mack front loader garbage trucks, replacements, $286,636; financing to be provided under City's Master Lease-Purchase Agreement (GS)
2) Flash Equipment Inc., automotive lights & accessories, $50,000 (GS)
3) Shamrock Building Services, Inc., custodial services, 8/1/00-7/31/01, 1st extension, estimated $124,176 (GS)
4) Genuine Auto Parts, motor vehicle & equipment parts, 9/22/00-9/30/01, 3rd extension of 4 available, estimated $825,000 (GS)
5) Hector Turf, two Toro Reelmaster 3-100-D triplex mowers, replacements, $39,000; financing to be provided under City's Master Lease-Purchase Agreement (GS)
6) Kaiser Pontiac-Buick GMC, Inc., one Step van, previously approved addition, $33,288; financing to be provided under City's Master Lease-Purchase Agreement (GS)
7) L & S Custom Coaches, one Mobile command vehicle, $189,985; financing to be provided under City's Master Lease-Purchase Agreement (PD)
8) Fisher Scientific, laboratory equipment, supplies & repair service, remaining portion of contract ending 3/31/02, estimated $70,000 (PW)
9) Angelo's Recycled Materials, disposal of yard waste & construction materials, 7/21/00-9/3001, estimated $450,000 (SW)
10) Architectural Fountains, Inc., cleaning service for Gateway to Beach Fountain, 8/1/00-7/31/01, estimated $118,324.80 (PR)
11) Sun State International Trucks, two 2001 International 4800 4x4 Dump Trucks, replacements, $126,353.66; financing to be provided under City's Master Lease-Purchase Agreement (GS)
12) Vantage Equipment, one 2000 Elgin Street Sweeper, previously approved addition, $133,363; financing to be provided under City's Master Lease-Purchase Agreement (GS)
13) International Truck and Engine Co., five 2000 International 4700 Dump Trucks, replacements, $211,245; financing to be provided under City's Master Lease-Purchase Agreement (GS)
14) Diesel Energy Systems, generator maintenance & repair, 10/1/00-9/30/01, estimated $75,000 (GS)
15) Declare fleet equipment surplus to City needs; authorize disposal through sale at Tampa Machinery Auction
ITEM #16 - Authorize increased funding of capital project "SPJC Field Site Development" by $100,000 ($50,000 for traffic studies & misc. project management expenses, and $50,000 for
legal & consulting work); approve agreement with Holland & Knight for the legal & consulting work (GS)
ITEM #17 - Lease Agreement with Clearwater Housing Authority, police substation located at 2931 Sandlewood Dr., Jasmine Courts, for 8/1/00-7/31/01 (PD)
ITEM #18 - Agreement with SWFWMD, providing funding of project costs of up to $425,000 for reclaimed water portion of N. Greenwood Area Reuse as part of N. Greenwood Corridor Enhancement
Project (PW)
ITEM #19 - Work Orders to Engineers of Record: Wade-Trim, $296,425.89 and McKim & Creed, $60,900, for design of corridor enhancements & reclaimed water in N. Greenwood, total $357,325.89
(PW)
ITEM #20 - Contract to Wade-Trim, for Sanitary Sewer Extension Feasibility Study, $97,387 (PW)
ITEM #21 - Authorize designating Largo Area Housing Development Corp. (LAHDC) a Community Housing Development Organization (CHDO) and to enter into a contract under provisions of the
Cranston-Gonzalez National Affordable Housing Act of 1990 (PLD)
ITEM #22 - Sidewalk Easement - constructing sidewalk at intersection of Grand Ave. & N. Hercules Ave. (AT&T Corp.)(CA)
ITEM #23 - Drainage & Utility Easement - Walden Woods Sub., part of Lot 27 (Mark B. Bronson)(CA)
ITEM #24 - Approve filing Interpleader Action in Circuit Court re Terrance B. Griggley (CA)
ITEM #25 - Appoint George Krause to MPO Advisory Committee as city representative
Commissioner Clark 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.
The meeting recessed from 8:44 to 9:07 p.m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #26 - Two Contracts with Calvary Baptist Church to exchange vacant 5-acre parcel on Drew Street at Hampton Road for Chesapeake Park (QOL)
On May 18, 2000, the City Commission approved the concept of a land swap with Calvary Baptist Church and agreed to submit a referendum question to the voters. On July 11, 2000, voters
approved that referendum question, permitting the City to complete the real estate transactions. Under the terms of the contracts, Calvary Baptist will take possession of Chesapeake
Park on October 1, 2000, contingent upon zoning approval to use the property as a church and educational facility. The City will become owner of the parcel on Drew Street at Hampton.
The City will continue to use and maintain Chesapeake Park as a ballfield until at least March 1, 2001, with 45 days notice to vacate the premises when needed for construction of the
church.
Calvary Baptist Church will place into escrow with the City $330,000, which will be used to construct a replacement 300-foot softball field on the new property, and install the same
amenities that are at Chesapeake Park. The City will pay approximately $7,500 in closing costs. In the future, $160,000 will be budgeted to construct an additional 200-foot softball
field on the new property.
Opposition to the proposal was expressed. Concern was expressed the site’s connection to the trail is not certain and its size may not be adequate for two ballfields. The source of
funding to construct the second ballfield was questioned. Parks & Recreation Director Kevin Dunbar said the School Board is enthusiastic about the opportunity to line up Eisenhower
Elementary’s egress with the traffic signal, replace the property’s rear sidewalk with a wider trail, and develop its rear property for soccer fields. Staff wants to develop a master
plan. The project can be completed before the church’s closing date of October 31, 2000. It was requested staff provide a certified engineering report indicating the property is large
enough for two ballfields.
Commissioner Clark moved to approve two contracts between Calvary Baptist Church and the City to exchange a vacant 5-acre parcel on Drew Street at Hampton Road for Chesapeake Park.
The motion was duly seconded. Commissioners Clark, Hooper, Hart, and Mayor Aungst voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried.
ITEM #27 - Approve termination of existing lease agreement with Clearwater Beach Seafood, Inc. d/b/a Krazy Bill's re 37 Causeway Blvd.; approve lease agreement with Clearwater Beach
Seafood, Inc. d/b/a Crabby Bill's Clearwater Beach Restaurant for term to 4/30/09 (ED)
The City has a lease Agreement with Clearwater Beach Seafood, Inc. d/b/a Krazy Bill’s to operate the restaurant at 37 Causeway Boulevard. Matthew and John Loder have purchased all
of Clearwater Beach Seafood, Inc.’s issued and outstanding stock and will rename the corporation, Clearwater Beach Seafood, Inc. d/b/a Crabby Bill’s Clearwater Beach Restaurant. Due
to the ownership change, the principals wish to terminate the current lease with the City and execute a new lease to operate a full-service restaurant.
On October 20, 1994, the City Commission had declared this property as surplus. The proposed lease will commence upon City Commission approval and terminate April 30, 2009. The Lessee
has agreed to make all necessary structural improvements within one year of the agreement’s execution, not to exceed $100,000. The City will reimburse Lessee for authorized improvements
on a pro-rata basis if the City terminates the lease during its first 4 years. Improvements, beyond the agreed-upon cost, must receive prior approval by the City. With approval of
this Lease Agreement, the minimum income to the City will be $735,000 over the term of the lease. The Lessee will pay rent to the City: 1) $7,000 monthly – 1st year of lease and 2)
$7,000 monthly plus CPI, during remaining years of the lease. The Lessee pays all taxes, utilities, insurance, refuse collection, and maintenance for the interior and exterior of the
building.
Commissioner Johnson moved to approve termination of the existing lease between the City and Clearwater Beach Seafood, Inc., d/b/a Krazy Bill’s for the City-owned real property at 37
Causeway Boulevard, and approve the Lease Agreement between the City and Clearwater Beach Seafood, inc., d/b/a Crabby Bill’s Clearwater Beach Restaurant, terminating on April 30, 2009,
and that the appropriate officials be authorized to execute same. The motion was duly seconded.
Two citizens spoke in support of the item. It was stated support of issuing a RFP (Request for Proposals) has been withdrawn.
Upon the vote being taken, the motion carried unanimously.
ITEM #28 - Res. #00-28 - authorizing execution of Agreement with FDOT to perform a Declared Distance Analysis for Clearwater Airpark (MR)
FDOT (Florida Department of Transportation) has agreed to provide 80% reimbursable funding towards the cost of a Declared Distance Analysis by PBS&J (Post Buckley Schuh & Jernigan)
to be included in the Master Plan. The City must pay for the $25,931 project up-front, and then be reimbursed by FDOT, up to a limit of 80%, approximately $20,744. The Declared Distance
Analysis will help the Airpark meet policy goals, including aircraft safety, noise abatement for residential neighborhoods, increased regulatory compliance, and help with marketing the
Airpark and its services. The total cost to the City will be $5,187. The Airport Authority Advisory Board has approved the project.
Commissioner Hooper moved to authorize the execution of a JPA (Joint Participation Agreement) between the City and FDOT to perform a Declared Distance Analysis for
Clearwater Airpark and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #00-28 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-28 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #29 - Res. #00-29 - Demonstrating commitment by City to meet requirements of eligibility for such State revenues as provided in Florida Statute Ch. 212 (re constructing new community
sports complex which will have Phillies spring training) (GS)
Assistant City Manager Bill Horne reported Item#29 has been postponed to August 3, 2000, to comply with required language.
City Clerk Cyndie Goudeau said a public hearing has been scheduled in City Hall Chambers to discuss constructing a new stadium and letter of agreement with the Philadelphia Phillies,
on August 1, 2000, at 6:30 p.m.
ITEM #30 - Accept quit claim deed from St. Petersburg Junior College (SPJC), transferring ownership of real property known as SPJC Joe Di Maggio Sports Complex, 2465 Drew St., to City;
approve lease agreement with SPJC for field house & tennis courts at same location for $1 per year (GS)
SPJC (St. Petersburg Junior College) owns approximately 38 acres on the northwest corner of Old Coachman Road and Drew Street and wishes to transfer ownership of the property to the
City. The value of the property is assessed at $3,675,500. In the 1950s and 1960s, prior to SPJC’s ownership, the property was operated as a landfill. Before transfer of ownership
to the City, environmental due diligence testing will be performed on the site. The City Commission previously approved the $87,997 testing project.
In conjunction with the environmental testing, the City and SPJC will enter into an agreement. If the City determines the estimated incremental cost to manage the contaminated media
disclosed by the environmental testing exceeds $500,000, the City may terminate its agreement to accept ownership of the property.
The lease agreement is for the City to operate the approximately 40,000 square-foot field house as a community recreation center for a 4-year term, October 1, 2000 to September 30,
2004. The proposed 2000/01 City budget includes $140,720 to operate the community center, supported by new revenues, and $163,330 from a reallocation of additional department resources.
Commissioner Johnson moved to accept a quit claim deed from the St. Petersburg Junior College transferring ownership of real property know as the SPJC Joe DiMaggio Sports Complex, at
2465 Drew Street, to the City of Clearwater, and approve a lease agreement with
St. Petersburg Junior College for the field house and tennis courts at the same location for $1 per year . The motion was duly seconded and carried unanimously.
ITEM #31 - Res. #00-06 - Authorizing execution of Roadway Transfer Agreement with FDOT; approve agreement to transfer portion of SR 60 / Cleveland Street / Gulf to Bay Boulevard from
0.476 miles west of Pierce Blvd. to Highland Ave. from State Highway System to Clearwater Road System, and transfer of Pierce Boulevard / Chestnut Street / Court Street from 280' south
of Cleveland St. to SR 651 / Missouri Avenue, and Court Street one-way westbound from Chestnut Street / Court Street to Court Street / Pierce Boulevard from Clearwater Road System to
State Highway System (PW)
The City has requested to execute a Roadway Transfer Agreement with FDOT (Florida Department of Transportation) to transfer: 1) from the State Highway System to the Clearwater Road
System – portion of SR 60/Cleveland Street/Gulf-to-Bay Boulevard from 0.476 mile west of Pierce Boulevard to Highland Avenue and 2) from the Clearwater
Road System to the State Highway System – Pierce Boulevard/Chestnut/Court streets from 280 feet south of Cleveland Street to SR 651/Missouri Avenue, and Court Street one-way westbound
from Chestnut/Court streets to Court Street/Pierce Boulevard.
The Road Transfer Agreement sets forth terms and conditions and commences upon written notification of final construction acceptance of the new Memorial Causeway Bridge and approval
by the FDOT Secretary. Both parties accept all responsibility to operate and maintain the portions being transferred. In addition, the Road Transfer Agreement includes all curbs, culverts,
and drainage structures within the right-of-way at the time of the transfer.
In response to a question, Public Services Administrator Mahshid Arasteh said staff had not estimated the cost of maintaining the roadway being transferred. The City is accepting less
roadway than it is transferring to the State.
Commissioner Clark moved to authorize execution of a Roadway Transfer Agreement, and approve the final Roadway Transfer Agreement with FDOT to transfer: 1) from the State Highway System
to the Clearwater Road System – portion of SR 60/Cleveland Street/Gulf-to-Bay Boulevard from 0.476 mile west of Pierce Boulevard to Highland Avenue and 2) from the Clearwater Road System
to the State Highway System – Pierce Boulevard/Chestnut/Court streets from 280-feet south of Cleveland Street to SR 651/Missouri Avenue, and Court Street one-way westbound from Chestnut/Court
streets to Court Street/Pierce Boulevard and that the appropriate officials be authorized to execute same. The motion was duly seconded.
One person spoke in opposition to the agreement.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Resolution #00-06 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-06 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #32 - Res. #00-26 - Authorizing execution of Pipeline Crossing Agreement with CSX Transportation, Inc., for installation of 16' water main within CSX r-o-w (PW)
In November 1999, the City Commission approved an Interlocal Agreement between the City and Pinellas County to construct Keene Road from Druid Road to Sunset Point Road. According
to the agreement, Pinellas County would reimburse the City for relocation of City utilities impacted by the project. The relocation will move a 16-inch water main to a new location
under the CSX right-of-way at its intersection with Keene Road,
approximately 0.42 mile south of Sunset Point Road. CSX requires an Agreement to cover licensing costs and terms and conditions associated with installing a pipeline beneath the railway.
The City’s cost will be $550: 1) $300 – one time license fee and 2) $250 – Construction Risk Fee.
Commissioner Hooper moved to authorize the City to enter into an agreement with CSX Transportation, Inc. for installation of a 16-inch water main in the CSX right-of-way, and approve
Pipeline Crossing Agreement #CSX-038255, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #00-26 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #00-26 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #33 - Marine Advisory Board - 1 appointment (CLK)
Commissioner Clark moved to appoint Paul J. Kelley. The motion was duly seconded and carried unanimously.
ITEM #34 - Parks and Recreation Board - 1 appointment (CLK)
Commissioner Johnson moved to appoint Bill Kirbas. There was no second.
Commissioner Hooper moved to appoint Ricardo Ortega. The motion was duly seconded. Commissioners Clark, Hooper, Hart and Mayor Aungst voted “Aye”; Commissioner Johnson voted “Nay.”
Motion carried.
ITEM #35 - Pinellas Workforce Board - appoint commission member (CLK)
Effective July 1, 2000, the Florida Workforce Innovation Act of 2000, eliminates the Pinellas WAGES Coalition and Pinellas Workforce Development Board and mandates a new board, the
Pinellas Workforce Board. The Pinellas County Board of County Commissioners and Pinellas County Economic Development Department have requested the City to participate and appoint a
City Commission member to serve. The Mayor is not required to act as City
representative. The board’s first organizational meeting was held on June 28, 2000. The day, time, and location of future meetings were discussed at the July meeting. It is anticipated
that regular meetings will be scheduled monthly.
Ms. Goudeau reported the board had not established a regular meeting date.
Commissioner Hooper moved to appoint Commissioner Hart. The motion was duly seconded and carried unanimously.
ITEM #36 - Other Pending Matters – None.
CITY ATTORNEY REPORTS
ITEM #37 - Other City Attorney Items – None.
ITEM #38 - City Manager Verbal Reports
Assistant City Manager Bill Horne reported public meetings for input regarding roundabout enhancements are scheduled at the Harborview Center from 6:00 to 8:00 p.m. on July 27, 2000
and July 31, 2000.
ITEM #39 - Other Commission Action
Commissioner Clark moved to insert in the agenda, a discussion and determination related to the resignation letter submitted by City Manager Mike Roberto. The motion was duly seconded
and carried unanimously.
Commissioner Johnson moved to accept City Manager Mike Roberto’s resignation effective July 24, 2000 with severance package: 1) 9 months of severance, 401A Pension, health-full family,
dental, life, and disability insurance payments for 9 months; 2) senior executive out placement services for 6 months not to exceed $14,000; 3) all accrued unileave of 101 days; 4) electronic
equipment to include fax machine, palm pilot, laptop computer, and cell phone; 5) ICMA membership for FY 2001/02; and 6) includes full release with resignation letter. The motion was
duly seconded.
Disagreement was expressed with the Mayor’s action to contact the City Manager and discuss this issue without input from the rest of the City Commission. The Mayor stated that any
Commission member has the right to discuss issues individually with the City Manager.
Upon the vote being taken, the motion carried unanimously.
Discussion ensued regarding Acting City Manager and Interim City Manager positions. It was felt the City Commission should embark on a national search for the City Manager position.
It was suggested a slate could be established in time for City Commissioners to appoint their selection following the March 2001 election. Opposition was stated to appointing an outside
candidate as Acting City Manager.
Commissioner Clark moved to appoint Bill Horne as Interim City Manager. The motion was duly seconded and carried unanimously.
In response to questions regarding the Commission appointing an Interim Assistant City Manager, it was noted this should be determined by the Interim City Manager. Mr. Horne thanked
the City Commission for their support.
Commission Members said the week has been difficult. They hoped recent divisiveness has ended and that public trust can be restored.
Commissioner Johnson stated it is imperative to move forward on the new main library.
ITEM #40 - Adjournment
The meeting adjourned at 10:00 p.m.