05/16/2002CITY COMMISSION MEETING
CITY OF CLEARWATER
May 16, 2002
Present: Brian J. Aungst Mayor/Commissioner
Whitney Gray Vice-Mayor/Commissioner
Hoyt P. Hamilton Commissioner
William C. Jonson Commissioner
Frank Hibbard Commissioner
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner Hibbard offered the invocation. 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 Award
One service award was presented to a City employee.
ITEM #4 – Introductions and Awards
Beautification Award
Sally Foote, Chair of the Beautification Committee, said Dr. Louis Paolilo of 1010 Jeffords Street was awarded the City’s Beautification Award for construction and landscaping.
ITEM #5 – Presentations
Safe Boating Week – May 18 – 24, 2002
Pubic Works Week – May 19 – 25, 2002
Chamber of Commerce Week – June 2 – 8, 2002
Countryside High School Softball and Tennis Teams
The Countryside High School Girl’s Softball and Tennis Teams were recognized for winning the State Championships.
Introduction of students traveling to Nagano
The students chosen to participate in the student exchange with Clearwater’s Sister City, Nagano, Japan, were introduced.
ITEM #6 - Approval of Minutes – Regular Meeting of 5-02-02
Commissioner Jonson moved to approve the minutes of the regular meeting of May 2, 2002, 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
Reverend Floyd Ervin said the news media taints the ability of citizens to get a fair trial in this country.
Duke Tieman invited everyone to attend the boxing tournament May 17, 18, and 19 at Joe DiMaggio. He expressed concern regarding cuts in the City’s Police, Fire and Parks and Recreation
Departments.
Michael Josephson suggested the City put a 26-foot replica of the Dove of Peace in place of the Roundabout fountain.
City Manager Bill Horne said the Clearwater Arts Foundation would be the clearinghouse for all artwork proposed for the Roundabout.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading to approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/OL), and Zoning Atlas Amendment
from County Zoning Rural Residential (R-R) and Agricultural Estate (A-E) Residential Districts and City Low Medium Density Residential District (LMDR) to City Office (O) District of
properties located at 7 Hampton Road (consisting of Metes and Bounds 13/01, 13/02, 13/03, 13/041, 13/05 & 13/04 in Section 16, Township 29 South, Range 16 East) and PASS Ordinances 6958-02,
6961-02, 6964-02 & 6967-02 to Annex these properties on first reading and PASS Ord 6959-02, 6960-02, 6962-02, 6963-02, 6965-02, 6966-02, 6968-02, 6969-02, 6970-02 & 6971-02 to amend
the Land Use Plan Map and Zoning Atlas for these properties on first reading
This development site is comprised of six parcels of land owned by five different property owners. It is located on the east side of Hampton Road north of Gulf to Bay Boulevard and
is 4.22 acres in area. This annexation, land use plan amendment and rezoning is requested by the contract purchaser Brandon Realty Ventures who intends to construct two office buildings
on this site.
Five of the six parcels (Metes and Bounds 13/02, 13/03, 13/04, 13/041 and 13/05) are located in Pinellas County and the applicant is requesting the City annex them in order to receive
water and sanitary sewer service. The applicant is aware of the costs associated with extending and connecting water and sanitary sewer lines to this site.
The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their level of service.
The proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave.
The PPC (Pinellas Planning Council) and Pinellas County have reviewed the annexation of the subject properties pursuant to the Pinellas County charter amendment approved by referendum
on November 7, 2000 and no objections were raised.
The five parcels currently located in the County plus one parcel (Metes and Bounds 13/01) already located in the City are part of the land use plan amendment and rezoning request.
The applicant is requesting to amend the Future Land Use Plan Map designation of all six parcels from Residential Urban (RU) to Residential/Office Limited (R/OL).
Additionally, a zoning atlas amendment is requested to rezone the parcels currently located in the County from Rural Residential (R-R) and Agricultural Estate (A-E) to the City’s Office
(O) District and to rezone the one parcel located in the City from Low Medium Density Residential (LMDR) to the Office (O) District.
The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development
Code:
The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan.
The potential range of uses and the specific proposed use are compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the PPC (Pinellas Planning Council) and the Board of County Commissioners acting
as the Countywide Planning Authority. Due to the size and/intensity of the plan amendment site, review and approval by Florida Department of Community Affairs is not required.
The CDB (Community Development Board) reviewed these applications at their public hearing on April 16, 2002, and unanimously recommended approval of all three applications.
Neal Kiefer, representing the applicant, was present to answer questions and seek the Commission’s support. He plans to lease some of the buildings to tenants.
Commissioner Gray moved to approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/OL), and Zoning Atlas Amendment from County Zoning
Rural Residential (R-R) and Agricultural Estate (A-E) Residential Districts and City Low Medium Density Residential District (LMDR) to City Office (O) District of properties located
at 7 Hampton Road (consisting of Metes and Bounds 13/01, 13/02, 13/03, 13/041, 13/05
& 13/04 Section 16, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6958-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6958-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The City Attorney presented Ordinance #6959-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6959-02 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The City Attorney presented Ordinance #6960-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6960-02 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The City Attorney presented Ordinance #6961-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6961-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The City Attorney presented Ordinance #6962-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6962-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The City Attorney presented Ordinance #6963-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6963-02 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The City Attorney presented Ordinance #6964-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6964-02 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The City Attorney presented Ordinance #6965-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6965-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The City Attorney presented Ordinance #6966-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6966-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The Mayor presented Ordinance #6967-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6967-02 on first reading. The motion was duly seconded
and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The Mayor presented Ordinance #6968-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6968-02 on first reading. The motion was duly seconded
and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The Mayor presented Ordinance #6969-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6969-02 on first reading. The motion was duly seconded
and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The Mayor presented Ordinance #6970-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6970-02 on first reading. The motion was duly seconded
and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
The Mayor presented Ordinance #6971-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6971-02 on first reading. The motion was duly seconded
and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
ITEM #9 - Public Hearing to declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Florida Power Corporation portions of Blocks 1 and 6, Pinecrest
Marshall & Brandon's Subdivision, as more specifically described the conveying instrument.
The City commenced construction of its state-of-the-art North Greenwood Recreation/Aquatics Complex (“Complex”) on November 5, 2001. The new complex is scheduled for completion in November
of 2002.
Florida Power will be providing electric energy, service and communications systems for the complex. In addition to providing power service and distribution, Florida Power will install
and maintain site lighting throughout the complex.
The subject instrument will provide Florida Power a ten-foot wide perpetual easement lying five feet each side of the centerlines of all of its facilities as designed and installed
by mutual agreement with the City.
Should the City determine the future relocation of the Florida Power utilities is necessary for additional orderly development of the property, the City will be required to bear the
cost of such relocation.
Commissioner Gray moved to approve declaring as surplus for the purpose of granting a perpetual utility Distribution Easement to Florida Power Corporation portions of blocks 1 and 6,
PINECREST MARSHALL & BRANDON’S SUBIDIVISION, as more specifically described in the conveying instrument, and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #10 - Public Hearing to declare as surplus a portion of those certain easements encumbering Coachman Creek Condominium and adopt Resolution #02-24 authorizing conveyance by Quitclaim
Deed all City right, title, claim and interest therein encumbering that certain parcel specifically described as Parcel 805.02, Sec 15150-2580, S.R. 55 (U.S. 19) widening project, to
the FDOT (Florida Department of Transportation), subject to the reservation of City right, title, claim and interests established in that certain Subordination of Utility Interests given
to FDOT.
FDOT is preparing plans to construct and widen U. S. Highway 19, a/k/a State Road 55, from south of Coachman Road to north of Sunset Point Road.
The City owns a 40-foot right-of-way easement along the westerly boundary line of Coachman Creek Condominium just south of Sunset Point Road, adjacent to the present easterly right-of-way
line of US 19, along with a 30-foot right-of-way easement lying 10 feet north of the south boundary of the condominium.
FDOT has requested the City quitclaim its interests in a portion of the referenced easements to facilitate project construction and future maintenance. The area to be conveyed contains
14,588 square feet, more or less, and is identified in the deed to FDOT as Parcel 805.02, Section 15150-2580, S. R. 55.
The City retains certain rights to operate, maintain and reconstruct existing sanitary and water facilities within the lands to be conveyed by virtue of its Subordination of Utility
Interests given to the FDOT on February 22, 2001 as authorized by Resolution #01-04 adopted February 1, 2001. No other City facilities are impacted by the proposed conveyance.
Declaring the City’s easement interests lying within Parcel 805.02 as surplus and quitclaiming those interests to the FDOT complies with Section 2.01(d)(5)(viii) of the City Charter
that authorizes the transfer of surplus property 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.
Commissioner Hibbard moved to declare as surplus a portion of those certain easements encumbering Coachman Creek Condominiums for the purpose of conveying to the Florida Department
of Transportation. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #02-24 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-24 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
ITEM #11 - Public Hearing to declare as surplus to City needs a 3,233 square foot, more or less, portion of that certain forty-foot right-of-way Easement of U.S. Highway 19 North described
in O.R. Book 3977, Page 917, Pinellas County Records, said portion being more particularly described as Parcel 801, Florida Department of Transportation Work Program Item Segment 256888
1, Section 15150-2580, State Road 55, subordinating City easement interests therein to the State of Florida, Department of Transportation, and adopt Resolution #02-33 for the referenced
improvement project from south of Coachman Road to Sunset Point Road. (PW)
On November 17, 1972, Imperial Motels Corporation conveyed a 40-foot right-of-way easement, and other interests, to the City that have since encumbered property located at the southwest
corner of the intersection of U. S. Highway 19 and Northeast Coachman Road.
The FDOT is finalizing plans to reconstruct and widen US 19, a/k/a State Road 55, from south of Coachman Road to Sunset Point Road.
Existing JPA agreements between FDOT and the City address costs and requirements to relocate City gas and water lines that traverse a corner of the triangular Parcel 801.
In Pinellas County Circuit Court, FDOT has filed an action in eminent domain titled Case No. 02-0022773 to condemn Parcel 801 along with City interests lying therein.
Prior to the hearing for an Order of Taking scheduled for May 30, 2002, FDOT is applying to the City to subordinate City rights, title and interests in Parcel 801 to FDOT to facilitate
the U. S. Highway 19 project.
In consideration of the City subordinating its interests in the parcel, FDOT will relocate City utilities lying therein, at its expense.
While the City would continue to have any rights available to it pursuant to the 1972 easement grant, the use of the property would henceforth be subject to FDOT control.
The declaration of City rights in the subject Forty-Foot Right-of-Way Easement as surplus to City needs, and the subordination of those rights to the FDOT upon adoption of Resolution
02-33, complies with provisions of Section 2.01(d)(5)(iii) of the City Charter regarding transactions with governmental entities.
Commissioner Jonson moved to declare surplus to City needs a 3,233 square foot, more or less, portion of that certain Forty-Foot Right-of-Way Easement for US 19 described in O.R. Book
3977, Page 917, Pinellas County Public Records, said portion being more particularly described as Parcel 801, Florida Department of Transportation Work Program Item Segment
256888 1, Section 15150-2580, State Road 55, subordinating City easement interests therein to the State of Florida, Department of Transportation. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #02-33 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-33 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
ITEM #12 - Public Hearing & First Reading Ordinance 6955-02 to vacate the East 90 feet of the 40 foot right-of-way of State Street, subject to a drainage and utility easement to be retained
over the entire width of the right-of-way to be vacated and subject to the applicant bearing the cost of relocation of public and private utilities (V2002-03 Clearwater Village L.C.)
The applicant is requesting the vacation in order to create a landscaped entryway area for a new development to be known as “Clearwater Village”.
Florida Power has no facilities in the subject right-of-way portion and has no objections to the vacation request. Verizon Media Ventures, Verizon and Time Warner Cable have no objections
if an easement is retained and the applicant agrees to pay all costs related to relocation of utility facilities. The City of Clearwater has no utility facilities in the right-of-way
portion to be vacated. Pubic Works Administration has no objections to the vacation request.
Commissioner Hibbard moved to approve the applicant’s request to vacate the East 90 feet of the 40 foot right-of-way of State Street, subject to a drainage and utility easement to be
retained over the entire width of the right-of-way to be vacated and subject to the applicant bearing the cost of relocation of public and private utilities. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance 6955-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance 6955-02 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
Absent: Gray.
ITEM #13 - Public Hearing & First Reading Ordinance #6954-02 to vacate the West 5 feet of the 10 foot drainage and utility easement lying along the East property line of Lot 36, Feather
Tree Subdivision, (AKA 307 Feather Tree Drive) as recorded in Plat book 101, Pages 74 and 75 of the Official Records of Pinellas County
The applicant is requesting the vacation in order to construct an in-ground swimming pool and deck in the area to be vacated.
Florida Power Corp., Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested.
The City of Clearwater has no utilities in the subject easement. Pubic Works Administration has no objections to the vacation request.
Commissioner Jonson moved to approve the applicant’s request to vacate the West 5 feet of the 10 foot drainage and utility easement lying along the East property line of Lot 36, Feather
Tree Subdivision, (AKA 307 Feather Tree Drive), as recorded in Plat book 101, Pages 74 and 75 of the Official Records of Pinellas County. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6954-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6954 on first reading. The motion was duly seconded
and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
ITEM #14 - Public Hearing & First Reading Ordinance #6985-02 to vacate the northerly 2 feet of the 7 foot drainage and utility easement lying along the south property line of Lot 10,
Block B, Northwood Estates Tract "C", (AKA 3089 Cascade Drive) (V2002-04 Hook)
On January 24, 2002, the applicant received final approval from the City Commission to vacate the Northerly 3 feet of the subject drainage and utility easement.
The applicant is now seeking the vacation of the northerly 2 feet of the remaining 7-foot easement in order to build an in-ground swimming pool deck and enclosure 5 feet from the south
property line.
Florida Power Corp., Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested.
No City utilities are present in the easement portion to be vacated.
A 4-inch City water line is located approximately 2 feet from the south side of the easement; sufficient easement area will remain to maintain the water line should the vacation request
be approved.
Pubic Works Administration has no objections to the vacation request.
Commissioner Hibbard moved to approve the applicant’s request to vacate the northerly 2 feet of the 7 foot drainage and utility easement lying along the south property line of Lot 10,
Block B, Northwood Estates Tract "C", (AKA 3089 Cascade Drive), as recorded in Plat Book 75, Pages 65 and 66, of the Official Records of Pinellas County, Florida. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6985-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6985-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
ITEM #15 - Public Hearing & First Reading Ordinance #6988-02 to vacate the westerly 1.2 feet of the 10 foot drainage and utility easement lying along the east property line of Lot 4,
Block C, Northwood Estates Tract "F", (AKA 2567 Sweetgum Way West) (V2002-05 Ryder)
The applicant is seeking vacation of 1.2 feet of the 10-foot drainage and utility easement in order to address an existing encroachment of a swimming pool deck.
The applicant is also proposing to construct a pool enclosure on top of the existing pool deck in the easement portion to be vacated. Applicant is seeking flex standard approval to
permit the enclosure closer than the required 10 feet setback from the rear property line as required by the Community Development Code.
Florida Power Corporation, Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested.
No City utilities are present in the easement portion.
Pubic Works Administration has no objections to the vacation request.
Commissioner Jonson moved to approve the applicant’s request to vacate the westerly 1.2 feet of the 10 foot drainage and utility easement lying along the east property line of Lot 4,
Block C, Northwood Estates Tract "F", (AKA 2567 Sweetgum Way West), as recorded in Plat Book 77, Pages 46 and 47, of the Official Records of Pinellas County, Florida. The motion was
duly seconded and carried unanimously.
The City Attorney presented Ordinance #6988-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6988-02 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #16-28) - Approved as submitted.
ITEM #16 - Approval of Purchases per Purchasing Memorandum:
1. Service contract to Ross Systems Inc. for Software license and maintenance during the contract period: 06-30-02 through 06-29-03 (IT)
2. Purchase 2002 Sterling LT 9500 truck tractor (GS)
3. Service Contract to Davis Water and Waste Ind. for Odophos odor and corrosion control during the contract period: 06-01-02 through 05-31-03 (PU/WPC)
4. Purchase contract to Rotonics Manufacturing for Refuse containers and spare parts during the contract period: 05-20-02 through 12-31-03 (90 Gallon black barrels) (SW)
5. Purchase contract to Polydyne Inc. for Polymer during the contract period: 05-20-02 through 05-31-05 (PU/WPC)
6. Work order to King Engineering Associates for Pump station refurbishment design services (PW)
7. Work order to Parsons Engineering for Pump station refurbishment design services (PW)
ITEM #17 - Approve the purchase of a 1.5 Ton, 15,000 GVW Installation Truck in the estimated amount of $41,000 in support of increased Clearwater Gas System Installation requirements.
ITEM #18 - Award a contract to Xerox Corporation, Tampa, FL, in the amount of $640,000 from June 1, 2002 to December 30, 2007, for digital copiers in accordance with Section 2.564(1)(d)
Code of Ordinances – Putnam County Contract Number 0713981-03.
ITEM #19 - Accept grant and approve the corresponding agreement from the Juvenile Welfare Board totaling $50,600 for 100% funding of three summer camp programs.
ITEM #20 - Award a contract to lease copier and print equipment for graphics services to IKON Office Solutions, Inc. for an amount of $450,000, in accordance with the terms of Ordinance
2.564(1)(d), under the School Board of Miami-Dade County Contract #046-AA11, for the lease period of 10-01-2002 to 10-01-2007
ITEM #21 - Award a contract to Florida Handling Systems Inc in Bartow, FL for the purchase of one overhead bridge crane at a cost of $31,950 which was the lowest quote received in accordance
with the specifications and authorize financing under the City's Master Lease/Purchase Financing Agreement.
ITEM #22 - Approve the McKim and Creed work order in the amount of $351,000 for engineering design services in expanding the City of Clearwater Reclaimed Water System to serve the residents
of the Harbor Oaks area (01-0054-UT)
ITEM #23 - Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides funding of project costs up to $1,297,630 for the expansion
of reclaimed water facilities to serve the Harbor Oaks residential area of the City.
ITEM #24 - Approve payment of additional $15,000 to Religious Community Services (RCS) to reimburse a portion of expenses incurred by RCS in moving its facilities to 700 Druid Road following
City purchase of property formerly leased by RCS at 210 Ewing Avenue.
ITEM #25 - Approve the establishment of a separate non-interest bearing bank account at the Bank of America in the amount of $54,398 for the security deposits received from the Friendly
Village of Kapok.
ITEM #26 - Authorize an increase of $120,000 to the monetary limit on the contract with the firm of Rogers Towers Bailey Jones & Gay, P.A. for outside counsel services related to representation
in Granite State Outdoor Advertising v. City of Clearwater, including any interlocutory appeal proceedings.
ITEM #27 - Authorize an increase of $40,000 to the monetary limit on the contract with the firm of Rogers Towers Bailey Jones & Gay, P.A. for outside counsel services related to representation
in National Advertising Co. v. City of Clearwater, Case No.00-3844-C1-11, and Lamar Advertising Co. v. City of Clearwater, Case No.00-1939-C1, including any interlocutory appeal proceedings.
ITEM #28 - Approve Philadelphia Phillies travel for Mayor Aungst and Commissioners Gray, Hibbard and Hamilton.
Commissioner Hamilton 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.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #29 - First reading Ordinance #6993-02 to approve amendment to Chapter 22, Section 22.59 of the Code of Ordinances adding two areas on city property that alcoholic beverages may
be possessed.
The current Section 22.59 of the Code of Ordinances prohibits the possession of alcoholic beverages on any city park property with exclusions for the Performing Arts Center and Theater,
the Harborview Center, Jack Russell Stadium and the Clearwater Country Club, as well as Coachman Park during special events.
This amendment would allow two additional locations for the possession of alcoholic beverages; the Pier 60 Pavilion and South Beach Pavilion. The Marine Department has received requests
from Beach Concession operators for on premise consumption of beer and wine at their respective locations on Clearwater Beach.
If this ordinance is approved, the Marine Department will bring to the commission amendments to the Pier 60 Pavilion and South Beach Pavilion leases to allow for the on premise consumption
of alcoholic beverages, which are to be confined to existing facility seating areas, with appropriate signage and enforcement to prevent alcoholic beverages from being removed from the
premises.
Commissioner Hamilton recused himself from the discussion.
One person spoke regarding the ordinance, suggesting it is consumer driven.
Ken Hamilton, Palm Pavilion and South Beach Pavilion, said that the selling of alcohol can be done responsibly. In response to a question, Mr. Hamilton said his business would post
signs that indicate alcohol must be consumed on premises. He also would reconfigure the seating area. As his business has 5 entrances to south beach, he said it may be necessary to
close off some entrances. He felt most alcohol-related incident occur during evening hours. His business is open during the day and closes 30 minutes after sunset. It was noted consumers
had asked for alcohol service.
In response to a question, Marine and Aviation Department Director Bill Morris said the Pier 60 concession closes approximately 2 hours after sunset, although they have no specific
closing time. He said their hours could be addressed in the lease if this ordinance passes.
It was remarked that the Commission has received e-mails and concerns regarding this Ordinance. In response to a question, Mr. Hamilton said his family has vast experience selling
beer, etc., and his business would ensure precautionary measures are in place.
One person spoke in favor of the Ordinance. One person expressed concern about evening hours at Pier 60.
In response to a question, Ms. Akin said she had no concerns with the Ordinance. The controls can be addressed in the lease.
Discussion ensued regarding the need for strict controls, a lack of community support for the ordinance, free enterprise, and the proximity of businesses to a nearby playground if this
Ordinance passes. In response to a question, Mr. Morris said the Hilton tiki bar is on the other side of the playground and is within 500 feet of it. Ms. Akin said the restaurant owner
and seller of alcohol carries insurance to cover incidents involving intoxicated patrons. She said the City is the landlord and is not liable for those instances. In response to a
question, Mr. Morris said he was not aware of any problems with alcohol in the area.
Commissioner Hibbard moved to continue this item to the next meeting. The motion died due to the lack of a second.
Commissioner Gray moved to deny the amendment to Chapter 22, Section 22.59 of the Code of Ordinances adding two areas on city property that alcoholic beverages may be possessed. The
motion was duly seconded and upon the vote being taken Commissioners Gray, Jonson and Hibbard voted “Aye”; Mayor Aungst voted “Nay”; Commissioner Hamilton abstained. Motion carried:
ITEM #30 - First Reading Ordinance 6986-02, revising Appendix A, Schedule of Fees, Rates, and Charges, V. Buildings and Building Regulations (47.087), Code of Ordinances, to add a maximum
total demolition fee of $1,000.
Currently, the fee required for a permit to demolish buildings is as follows:
Demolition permit……………………..……………………………………… 53.00
Plus, per square foot in excess of 1,000 square feet, ……………… 0.10
(No fee charged when demolition is ordered by City).
In many instances, especially in the case of large obsolete structures such as malls, office buildings, or warehousing, the cost of the fee charged for a demolition permit is very high,
sometimes running in the hundreds of thousands of dollars. As the community wants to encourage redevelopment, staff is proposing a maximum fee of $1,000 for a permit to demolish a building(s)
on a property. This proposal is consistent with other local communities.
Commissioner Gray moved to approve revising the Schedule of Fees, Rates, and Charges, to add a maximum total demolition fee of $1,000. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6986-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6986-02 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
ITEM #31 - First Reading Ordinance 6987-02, relating to Chapter 51, Flood Damage Prevention, amending Section 51.03 Definitions, by redefining Substantial Improvement, to be applicable,
for a one-year period, to any property located in an area of special flood hazard in the City.
Currently, Code of Ordinances, Chapter 51, Flood Damage Prevention, defines Substantial Improvement as follows:
Substantial improvement means:
With respect to any property located on Clearwater Beach or Sand Key, any repair, reconstruction, rehabilitation, addition or other improvement of a structure during a five-year period,
the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement; or
With respect to any property located in an area of special flood hazard other than on Clearwater Beach or Sand Key, reconstruction, rehabilitation, addition or other improvement of a
structure during a one-year period, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement.
In order to encourage businesses to redevelop on Clearwater Beach, and to stimulate growth in the community and make it a better place to work, live and play, staff is proposing to
eliminate the first part of the definition of substantial improvement, and amend the second part, making it applicable for a one-year period with respect to any property located in an
area of special flood hazard in the City.
Two persons spoke in support of the ordinance.
Commissioner Gray moved to approve redefining Substantial Improvement, to be applicable, for a one-year period, to any property located in an area of special flood hazard in the City.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6987-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6987-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
ITEM #32 - First Reading Ordinance #6992-02 establishing Low-volume Irrigation Devices, defined as micro-irrigation, bubblers, soaker hoses, or drip tubing, as not restricted to specific
days or times of operation, and that the appropriate officials be authorized to execute same.
On January 10, 2002, the City Commission adopted Ordinance #6929-02, establishing continuation of existing watering schedule for the City of Clearwater, and changing watering restrictions
for wells.
Inadvertently, low-volume irrigation devices were not addressed in Ordinance #6929-02. Ordinance #6992-02 addresses these devices, allowing no restrictions.
In response to a question, Mr. Neff said this ordinance is for low volume irrigation around trees, bushes, etc. It does not permit it for lawns.
Commissioner Jonson moved to approve establishing Low-volume Irrigation Devices, defined as micro-irrigation, bubblers, soaker hoses, or drip tubing, as not restricted to specific days
or times of operation. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6992-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6992-02 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Jonson, Hamilton, and Aungst.
“Nays”: None.
Absent: Hibbard
ITEM #33 - Approve an Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies which will modify and amend the Agreement for Development, Sports Facility Use
Agreement and Baseball Training Facility Lease Agreement to reflect the change in primary location for the complex and timeline for project events.
On December 31, 2000, the City Commission approved the Sports Facility Use Agreement between the City of Clearwater and the Philadelphia Phillies and on March 1, 2001, the City Commission
approved the Baseball Training Facility Lease Agreement (Carpenter Lease), and the Agreement for Development of Community Sports Complex at the location formally known as the SPJC property,
as the primary site for the construction of the facility.
Subsequently, on October 5, 2001, the City and the Phillies signed a letter of understanding acknowledging that the City and Phillies mutually agreed that the SPC property was unacceptable
as the project site.
On April 4,, 2002, the City Commission approved a Purchase and Sale Agreement between the City of Clearwater and Home Depot U.S.A., Inc. for the purchase of property at 21870 US 19,
Clearwater, Florida, for the purpose of constructing the Community Sports Complex at that location utilizing some of the property now occupied by the Bomber Stadium.
Approval of this Amendatory Agreement will accomplish the amendments to these agreements and allow the project to proceed with the development and use of a new Community Sports Complex.
Appreciation was expressed for staff’s efforts to supply all documentation and information to the Commission. Liability concerns, etc. have been addressed. Mr. Dunbar distributed
the exhibits previously requested by the Commission.
Commissioner Gray moved to approve the Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies which will modify and amend the Agreement for Development, Sports
Facility Use Agreement and Baseball Training Facility Lease Agreement to reflect the change in primary location for the complex and timeline for project events and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #34 - Airport Authority - 1 appointment
City Clerk Cyndie Goudeau said one vacancy exists on the Airport Authority Board. Member Ronald Streicher is not interested in reappointment. One of the nominees, J. B. Johnson, has
indicated he would resign the Civil Service Board to serve on this Board.
Commissioner Gray moved to appoint J. B. Johnson to serve on the Airport Authority Board. The motion was duly seconded and carried unanimously.
ITEM #35 - Other Pending Matters – None.
CITY ATTORNEY REPORTS
Resolutions
ITEM #36 - Adopt Resolution #02-34 ratifying Amendments to the Interlocal Agreement that created the Tampa Bay Regional Planning Council providing an effective date.
The City Attorney presented Resolution #02-34 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-34 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Hibbard, Jonson, and Aungst.
“Nays”: None.
ITEM #37 - Other City Attorney Items – None.
ITEM #38 - City Manager Verbal Reports – None.
ITEM #39 - Other Commission Action
Commissioner Gray observed Pinellas Assembly and it was interesting. Mr. Horne and Mr. Stone served the City well. There was good dialog at the meeting.
Commissioner Jonson said SWFWMD wants cities to put in more reclaimed water. Clearwater just approved a consent item to do so. He fixed his sprinkler system this past
weekend and encouraged everyone to do the same. He congratulated Dunedin for being named the Best Place to Live in Tampa Bay. He said it’s a great time to live in Clearwater and go
to the beach because it is less crowded. He congratulated the Palm Pavilion for being recognized in “Best of Tampa Bay”. He said good-bye to Christina Headrick of the St. Petersburg
Times, who is moving to North Carolina.
Commissioner Hamilton stated he participated today in the Pinellas Assembly. He believes the outcome will be very interesting and beneficial. He congratulated Dr. Paollio for receiving
the Beautification Award. He wished Happy Birthday to his son, Andrew.
Mayor Aungst wished Commissioner Hibbard Happy Birthday. His birthday was yesterday. He said he is wearing the Countryside High School Softball Team T-shirt because his son asked
him to. He thanked staff for the parade. He congratulated Countryside High School Softball and Tennis teams for winning their state championships. He reminded everyone of the Tour
of Turtles at the Harborview Center on display 9 a.m. – 6 p.m. daily until May 26. The auction is May 18. He said the Florida Convention of Ex-Prisoners of War takes place at the Hilton
on May 29. He said there is a Town Hall meeting at St. Paul’s at 7:00 p.m. on May 29. He congratulated the City Manager for receiving the Outstanding Public Administrator award from
the American Society for Public Administration.
ITEM #40 - Adjournment
The meeting adjourned at 8:14 p.m.
_____________________________
Mayor-Commissioner
ATTEST: ___________________________
City Clerk