01/09/2003CITY COMMISSION MEETING
CITY OF CLEARWATER
January 9, 2003
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
Ralph Stone 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 6:02 p.m. at City Hall. The invocation was offered by Rev. Chip Bearmon, Pastor Skycrest 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 – Introductions, Awards and Presentations:
Madame Lisa Thibault, Lieutenant Governor of Quebec, Canada, talked about service, volunteer work, Clearwater’s efforts to work with ADA, and the beauty of Clearwater’s beaches.
a. Proclamations: International Visitor's Month in Clearwater – January 2003
ITEM #4 - Approval of Minutes - Regular Meeting December 5, 2002 and Special Meeting January 6, 2003
Commissioner Jonson moved to approve the minutes of the regular meeting of December 5, 2002, and the special meeting of January 6, 2003, as recorded and submitted in written summation
by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #5 - Citizens to be heard re items not on the Agenda
Socrete Piemedes urged everyone to visit the Royalty Theatre. He said good things are taking place in downtown. He introduced Drew Sky, a Hollywood producer.
Drew Sky said it is an honor to have grown up in Clearwater. He offered to help in any way possible.
Tom Sehlhorst complimented the current Commission for making the North Greenwood Recreation and Aquatic Center happen. He said Greenwood is an important part of the City and everyone
should visit there. He said Greenwood residents’ attitudes have changed.
PUBLIC HEARINGS
ITEM #6 - Public Hearing & First Reading Ordinance 7060-03 – Approve the applicant's request to vacate the 16-foot alley lying along a line 2 feet west of and parallel to the west property
line of Lot 6, Block 16, Map of Belleair, (AKA 509 "D" Street), subject to the retention of a drainage and utility easement over the full width of the alley. (V2002-13 City of Clearwater)
Commissioner Gray moved to continue Item #6 to a date uncertain. The motion was duly seconded and carried unanimously.
ITEM #7 - Public Hearing & First Reading Ordinance 7061-03 - vacate the 10-foot drainage and utility easement located in the north 18 feet of Lot 83, Countryside Tract 58, (AKA 3336
Windchime Drive West), less the west 10 feet thereof, together with the 10-foot drainage and utility easement portion located in a vacated portion of Cloudview Drive. (V2002-14 Agelatos)
The applicant is seeking approval of the vacation request in order to combine the north 18 feet of Lot 83 with the vacated portion of Cloudview Drive to construct a single family home.
The Planning Department has no objections provided that the property owner obtains an administrative lot line adjustment prior to issuance of a building permit for a new single family
home.
Florida Power, Time Warner Cable, Verizon and Verizon Media Ventures have no objections to the vacation request.
The property owner will be responsible to pay the costs associated with construction of the sewer main extension needed to serve the proposed new home.
A 6-inch water line and an underdrain terminate in the east-west easement on Lot 83. No future extension of the water line is anticipated. The property owner will be required to cut
and cap these facilities at the property line prior to issuance of a building permit.
Pubic Works Administration has no objections to the vacation request.
Commissioner Hamilton moved to approve the applicant’s request to vacate the 10 foot drainage and utility easement located in the north 18 feet of Lot 83, Countryside Tract 58, (AKA
3336 Windchime Drive West), less the west 10 feet thereof, together with the 10 foot drainage and utility easement portion located in a vacated portion of Cloudview Drive. The motion
was duly seconded and carried unanimously.
The Mayor presented Ordinance #7061-03 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7061-03 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 #8 - Public Hearing - Declare as surplus an 800 square foot portion, more or less, of City-owned property identified as Lot 1, A Resub of Baskins Replat, and adopt Resolution
03-01 dedicating said parcel as more particularly described and depicted therein as public right-of-way.
Clearwater Mall, LLC, a foreign limited liability company has submitted a site plan and construction drawings to the City for the Clearwater Mall Redevelopment.
A project feature includes widening the turn radius from eastbound Gulf to Bay Boulevard onto southbound Harbor Drive.
City plan review staff has reviewed the submitted site plan and construction drawings and support the widening of the subject corner in the interest of public safety.
The proposed improvement will encroach into a portion of City-owned property now occupied by existing Fire Station #49.
Declaring the proposed 800 square foot triangular corner clip as surplus and dedicating it as public right-of-way will establish sufficient public thoroughfare to both widen the turn
radius and construct a five-foot sidewalk adjacent to the new curb.
Adoption of Resolution 03-01 complies with provisions of Section 2.01(d)(5) of the City Charter that authorizes City-owned land to be declared surplus and dedicated as public right-of-way
upon a determination the parcel is not needed for other municipal purposes.
Commissioner Gray moved to declare as surplus an 800 square foot portion, more or less, of City-owned property identified as Lot 1, A RESUB OF BASKINS REPLAT. The motion was duly seconded
and carried unanimously.
The City Attorney presented Resolution #03-01and read it by title only. Commissioner Hibbard moved to pass and adopt Resolution #03-01 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 #9 - Public Hearing - Declare as surplus a 0.660 acre portion of City-owned property identified as Pinellas County Parcel 07-29-16-00000-140-0400 for the purpose of granting a perpetual
Gas Pipeline Easement to Florida Gas Transmission Company for $10 and other valuable considerations, and grant a 90-day Temporary Easement for extra work space associated therewith.
The Florida Department of Transportation Drew Street overpass project, now under construction, requires that Florida Gas Transmission Company (FGTC) relocate its 12-inch natural gas
transmission pipeline from within the project right-of-way.
FGTC proposes to cut and abandon its present pipe within the project right-of-way, extend a replacement line under U.S19 adjacent to the CSX Railroad south right-of-way line, then across
the City’s Solid Waste transfer station property to the Florida Power right-of-way.
FGTC has requested the City grant a perpetual Gas Pipeline Easement containing 28,731.88 square feet (0.660 acres, more or less) across a portion of the City’s Solid Waste transfer
station property to facilitate rerouting the pipeline as described above.
The proposed easement will be 24.52 feet wide at its easterly terminus at US19 and extend westerly approximately 995 feet along the southerly CSX Railroad right-of-way to a 30.31-foot
wide terminus at the Florida Power right-of-way.
Easement provisions require the pipeline be constructed using directional bore technology at a depth of 20 feet below an existing 30-inch City sanitary interceptor line lying within
the easement grant. There will be no surface impacts to the City property, and plans for a future by-pass drainage channel within the easement area will not be affected.
FGTC also has requested a temporary extra workspace on the east side of US19 containing 5,241.24 square feet, more or less. Use of the extra workspace area is limited to a maximum
of 90 days, or project completion, whichever occurs sooner. Other than invasive species, no trees having a diameter of 4 inches or more at 4 1/2 above grade are to be removed, destroyed
or damaged. The easement area is to be restored upon project completion.
Commissioner Hamilton moved to declare as surplus a 0.660 acre portion of City-owned property identified as Pinellas County Parcel 07-29-16-00000-140-0400 for the purpose of granting
a perpetual Gas Pipeline Easement to Florida Gas Transmission Company for $10 and other valuable considerations, and to grant a 90-day Temporary Easement for extra work space associated
therewith. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst.
“Nays”: None.
ITEM #10 - Public Hearing & First Reading Ordinances 7045-03, 7046-03 and 7047-03 - Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential
Low (RL) and Zoning Atlas Amendment from County R-3 Residential Single-Family to City Low Medium Density Residential District (LMDR) for 1607 Stevenson's Drive (Lot 6, Block C, Stevenson's
Heights in the Northwest quarter of Section 10, Township 29 South, Range 15 East); Owner: Jacqueline L. Walters. ANX2002-09013
This site at 1607 Stevenson’s Drive, on the north side of Stevenson’s Drive approximately 90 feet north of Stockton Road, is approximately 0.18 acres in area and is currently occupied
by a single-family dwelling. The purpose of the annexation is to enable the applicant to receive City solid waste service. The City has been providing water and sewer service to this
property since 1981. A Future Land Use Plan designation of Residential Low (RL) is proposed along with a zoning category of LMDR, Low Medium Density Residential.
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.
This annexation has been reviewed by the PPC (Pinellas Planning Council) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3),
and no objections have been raised.
The 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.
The Community Development Board reviewed these applications at its regularly scheduled meeting on November 19, 2002, and unanimously recommended approval.
Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from
County R-3, Residential, Single-Family to City LMDR, Low Medium Density Residential District for property located at 1607 Stevenson’s Drive (Lot 6, Block C, Stevenson’s Heights in the
Northwest quarter of Section 10, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #7045-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7045-03 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 #7046-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7046-03 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 #7047-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7047-03 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 #11 - Public Hearing & First Reading Ordinances 7048-03, 7049-03 and 7050-03 - Petition for Annexation, Land Use Plan Amendment from County Residential Low Medium (RLM) to City
Residential Low Medium (RLM) and Zoning Atlas Amendment from County R-4 Residential One, Two and Three Family Residential to City Medium Density Residential District (MDR) for 1370 State
Street (consisting of the southwest corner of Lot 10, E.A. Marshall's Subdivision in the East 1/2 of Section 3, Township 29 South, Range 15 East); Owners: Ido and Daphna Fischler ANX2002-09014
This site at 1370 State Street, is on the north side of State Street approximately 650 feet east of Betty Lane and 640 feet north of Sunset Point Road, is approximately 0.27 acres in
area and is currently occupied by a single-family dwelling. This property will be incorporated into the proposed Clearwater Village residential development which is to be located to
the north and east of this site. The purpose of the annexation is to enable this property to have access to City sewer service. The City has been providing water service to this property;
however, when Clearwater Village is developed, new appropriately sized water mains will have to be installed. A Future Land Use Plan designation of Residential Low Medium (RLM) is proposed
along with a zoning category of MDR, Medium Density Residential.
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.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3),
and no objections have been raised.
The 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.
The Community Development Board reviewed these applications at its regularly scheduled meeting on November 19, 2002 and unanimously recommended approval.
Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low Medium (RLM) to City Residential Low Medium
(RLM) and Zoning Atlas Amendment from County R-4 Residential One-, Two- and three-family Residential to City MDR, Medium Density Residential District for property located at 1370 State
Street (consisting of the southwest corner of Lot 10, E.A. Marshall’s Subdivision in the East one-half of Section 3, Township 29 South, Range 15 East). The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #7048-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7048-03 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 #7049-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7049-03 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 #7050-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7050-03 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 #12 - Public Hearing & First Reading Ordinances 7053-03, 7054-03 and 7055-03 - Petition for Annexation, Land Use Plan Amendment from Residential Urban (RU) and Residential Low Medium
(RLM) to Institutional (I) and Zoning Atlas Amendment from County R-2 Single Family Residential, City Mobile Home Park (MHP) and City Low Medium Density to City Institutional District
(I) and Rezoning for property located at 10 East Meadowlark Lane, 3001-3062 Chesapeake Street, 3025 Cleveland Street, 3039 Cleveland Street, 3032 Eastwood Street and 3036 Eastwood Street
(Section 16, Township 29 South, Range 16 East, M&Bs 22.06, 22.05 and 22.09) Owner: First Baptist Church of Clearwater, Inc. ANX2002-09015 and LUZ2002-09009
This development site is comprised of seven parcels of land located 410 feet south of Drew Street and 520 feet west of McMullen Booth Road and is 9.22 acres in area. This annexation,
land use plan amendment and rezoning is requested by the applicant, First Baptist Church of Clearwater, Inc., who intends to construct a parking facility to support its future place
of worship on the adjacent site.
Three of the seven parcels (3025 Cleveland Street, 3032 Eastwood Street and 3036 Eastwood Street) are located in Pinellas County and the applicant is requesting the City annex them.
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, the Community Development Code and Pinellas County and Florida Law.
The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave.
The Pinellas Planning Council (PPC) 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 three parcels currently located in the County plus the four parcels (10 Meadowlark Lane, 3001-3062 Chesapeake Street and 3039 Cleveland Street) 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 seven parcels from Residential Low Medium (RLM)
and Residential Urban (RU) to Institutional (I). Additionally, a zoning atlas amendment is requested to rezone the parcels currently located in the County from (R-2), Single Family
Residential to the City’s (I), Institutional District and to rezone the three parcels located in the City from MHP, Mobile Home Park and LMDR, Low Medium Density to the I, Institutional
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 proposed use is 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 Pinellas Planning Council and the Board of County Commissioners acting as
the Countywide Planning Authority. Based on the size of the plan amendment site, review and approval by the Florida Department of Community Affairs is not required.
The Community Development Board reviewed these applications at its public hearing on November 19, 2002 and unanimously recommended approval of both applications.
Commissioner Jonson moved to approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) & Residential Low Medium (RLM) to Institutional (I), and Zoning Atlas Amendment
from R-2, Single Family Residential (County), MHP, Mobile Home Park (City) & LMDR, Low Medium Density Residential (City) to the I, Institutional District, for property located at 10
East Meadowlark Lane, 3001-3062 Chesapeake Street, 3025 Cleveland Street, 3039 Cleveland Street, 3032 Eastwood Street, and 3036 Eastwood Street (Section 16, Township 29 South, Range
16 East, M&Bs 22.06, 22.05 and 22.09). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #7053-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7053-03 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 #7054-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7054-03 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 #7055-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7055-03 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 #13 - Public Hearing & First Reading Ordinances 7051-03 and 7052-03 - Petition for Land Use Plan Amendment from Industrial Limited (IL) to Institutional (I) and Zoning Atlas Amendment
from Industrial, Research and Technology (IRT) to Institutional (I) for property located at 1285 South Ft. Harrison Avenue and 609 Pinellas Street, on the east side of South Fort Harrison
Avenue and the south side of Pinellas Street, approximately 620 feet north of Lakeview Road, consisting of portions of Poms Park, Petzold Gulf View, and A.C. Turner’s Addition to Milton
Park Sub, and Section 21, Township 29 South, Range 15 East, M&Bs 11.03 and 11.04. Owner: Morton Plant Hospital Association, Inc. LUZ2002-09008
The subject site involves two parcels of land approximately 5.6 acres in area located on the east side of South Ft. Harrison Avenue, west of the Pinellas Trail, north of A Street and
south of Pinellas Street. The Pinellas Street parcel is currently vacant and the Morton Plant Information Systems and Outpatient Billing Departments occupy the South Ft. Harrison parcel.
Both parcels have a land use designation of Industrial Limited (IL) and are zoned IRT, Industrial, Research and Technology. The applicant is proposing to amend the Future Land Use Plan
classification of these parcels to Institutional (I) and to rezone them to I, Institutional to reflect the use and ownership of these parcels by Morton Plant Hospital.
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 is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater 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 application will not have an adverse impact on the natural environment.
The location of the proposed zoning district boundaries are logical and an appropriate classification in this area.
The proposed district boundaries are appropriately drawn in regard to location and classification of streets, ownership lines and existing improvements.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as
the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Department of Community Affairs is not required.
The Community Development Board reviewed these applications at its regularly scheduled meeting on November 19, 2002 and unanimously recommended approval.
Commissioner Hibbard moved to approve the Land Use Plan Amendment from Industrial Limited (IL) to Institutional (I) and Zoning Atlas Amendment from IRT, Industrial, Research and Technology
to I, Institutional, for property located at 1285 South Ft. Harrison Avenue and 609 Pinellas Street located on the east side of South Fort Harrison Avenue and the south side of Pinellas
Street, approximately 620 feet north of Lakeview Road, consisting of portions of Poms Park, Petzold Gulf View, and A.C. Turner’s Addition to Milton Park Sub, and M&Bs 11.03 and 11.04.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #7051-03 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7051-03 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 #7052-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7052-03 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 14-31) – Approved as submitted.
ITEM #14 - Approval of Purchases per Purchasing Memorandum:
1) White River Distributors, Inc., Batesville, Arkansas, one (1) 2003 Freightliner LPG bulk delivery tanker for $79,900, funding to be provided under City’s Master Lease-Purchase Agreement.
2) McClain Southland, Inc., Bartow, Florida, three (3) 2003 Freightliner cab and chassis with Tymco Model 600 street sweeper for $407,490.75, funding to be provided under City’s Master
Lease-Purchase Agreement.
3) Soliel Systems, Lutz, Florida, movable compact shelving with installation for $51,835.
4) Atlantic Ford Truck Sales, Inc., Ft. Lauderdale, Florida, four (4) 2003 Sterling LT9500 truck tractors for $306,432, funding to be provided under City’s Master Lease-Purchase Agreement
5) Duval Ford, Jacksonville, Florida, three (3) 2003 Ford F450 cab & chassis with Knapeheide service body for $89,973, funding to be provided under City’s Master Lease-Purchase Agreement.
6) Lehman's Mobile Home Services, Largo, Florida, removal and disposal of 142 single-wide and 26 doublewide mobile homes (Kapok Mobile Home Park) in an amount not to exceed $262,710.
7) CompServ, Clearwater, network upgrades for $350,000, funding to be provided under City’s Master Lease-Purchase Agreement.
ITEM #15 Reappoint Fire Chief Rowland Herald to a two-year term as a Trustee of the Clearwater Firefighters Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State
Statutes.
ITEM #16 - Ratify and confirm Change Order No. 1 to Kloote Contracting, Inc. of Palm Harbor, Florida for the improvements to Clearwater Airpark Runway, which increases the contract amount
by $49,966.08 for a new contract total of $451,374.37.
ITEM #17 - Approve a five (5) year Business Lease Contract with Clearwater Group, Inc. regarding City-owned property being a portion of Section 9, Township 29 South, Range 15 East commonly
known as 712 North Osceola Avenue, to commence April 15, 2003 with nominal rent of $1.00 and other considerations, and providing one five (5) year option to extend.
ITEM #18 - Approve one additional neighborhood services coordinator position (1.0 FTE) for Neighborhood Services (Cost Center 1445), a division of the Development Services Department.
ITEM #19 - Approve the final plat for "Clearwater Village Phase 1" located approximately 600 feet (1 block) north of Sunset Point Road and approximately 400 feet west of Kings Highway
Avenue with the direct access adjacent to State Street.
ITEM #20 - Approve Change Order No. 2 to Contract No. 98-0116-EN, "Town Lake Rehabilitation Project" to Caladesi Construction Company in the amount of $35,428.99 for a new total of $3,025,882.82,
and approve a time extension of 106 days for a revised completion date of March 26, 2003.
ITEM #21 - Ratify and confirm the award of a contract to Azurix North America Underground Infrastructure, Inc., in the amount of $154,850. for cleaning of the wastewater interceptor
system from the east side of U.S. 19 to the Bayside Bridge, in accordance with Section 2.564(1)(d) Code of Ordinances – City of St. Petersburg contract.
ITEM #22 - Award contracts to Cogburn Brothers Electric, Inc. of Jacksonville, Florida, the only bidder for the project, in the amount of $752,374. for the WPC SCADA System Improvements
(01-0056-UT), and to Blackburn Controls, Inc. of Kissimmee, Florida, in the amount of $70,809.
for the purchase of computer software for the WPC SCADA System Improvements, in accordance with Section 2,564(1)(b) Code of Ordinances, and approve $30,000. to purchase server and network
equipment for the WPC SCADA System Improvements, for a total amount of $853,183.
ITEM #23 - Ratify and Confirm Change Order No. 1 & Final to Cole Engineering & Constructors Corporation of Clearwater, Florida, for Reservoir No. 1, 2 and 3 Monochloramine Disinfection
Improvements Project, Contract No. 01-0025-UT, which decreases the original contract amount by $55, 705.31 for a new contract amount of $1,323.958.69 and approve a time extension of
79 days.
ITEM #24 - Authorize an increase of $20,000. 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-CI-11, and Lamar Advertising Co. v. City of Clearwater, Case No. 00-1939-CI through the completion of trial, for a
new contract total of $125,000.
ITEM #25 - Approve quit claim deed to clarify and correct a conveyance dated March 7, 1962 to Emma Roberts, Nancy M. Meador and Verona Adams and their successors in office as Trustees
for the Mary Custis Lee Chapter #1451, United Daughters of the Confederacy that is being made for the purpose of removing any defects on title.
ITEM #26 - Ratify and confirm City Manager's approval of an increase in Purchase Order No. 34343 with Cross Environmental Services, in the amount of $47,530 for a total purchase order
in the amount of $96,780. for asphalt and buried debris removal services at the Bomber Field parking lot.
ITEM #27 - Award a contract to Container Systems & Equipment Company, Inc. of Daytona Beach, Florida, for the purchase of four (4) 2003 International curbside recycling trucks in the
amount of $333,456, which was the lowest responsive bid in accordance with the specifications; declare four trucks surplus and authorize disposal through trade-in; authorize financing
under the City's Master Lease/Purchase Financing Agreement in accordance with Sec. 2.564(1)(d), and authorize initial vehicle preparation costs of approximately $15,000 for a total cost
of $348,456.
ITEM #28 - Appoint Bob Fernandez to the Enterprise Zone Development Agency as “resident residing within Area” to complete term to 07/31/03.
ITEM #29 - Reappoint E. J. Robinson and appoint Candance Gardner and Pat Harney to the Community Relations Board.
ITEM #30 - Approve the 2003 State Legislative Package
ITEM #31 - Approve the 2003 Federal Legislative Package
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 #32 - First Reading Ordinance 7062-03 - providing a Reclaimed Water availability schedule to enable billing division for commercial properties that minimally utilize reclaimed water.
The reason for this ordinance change is to avoid multiple availability fees for one commercial property where reclaimed water will not be used because of limited green space.
For a commercial property with more than one water account, but irrigating the property under a separate account using available reclaimed water, the fees for each connection will be
as follows:
Availability only $9.00
Consumption $0.30/1,000 gallons
Each service connection provided $9.00 + use
Charge one availability fee to a property and not each of the multiple individual accounts.
The example of this situation is when a commercial property has multiple stores, etc., as multiple individual accounts, and the property is mostly parking lot and commercial space.
The property owner irrigates or uses reclaimed water in some manner, but at only one location at the property. The location utilizing the reclaimed will be billed for availability
and consumption. If another location on that property needs a service connection, that account will be billed according to the schedule above.
This ordinance shall take effect immediately upon adoption.
Commissioner Hamilton moved to approve a reclaimed water availability schedule to enable billing division for commercial properties that minimally utilize reclaimed water. The motion
was duly seconded and upon roll call the vote was:
“Ayes”: Gray, Hamilton, Jonson, and Aungst.
“Nays”: None.
Absent: Hibbard
The City Attorney presented Ordinance #7062-03 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7062-03 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Jonson, and Aungst.
“Nays”: None.
Absent: Hibbard
ITEM #33 - First Reading Ordinance 7090-03 implementing changes to the grease control program for the wastewater collection system.
The disposal of grease into the sewer system causes blockages, posing a threat to public health and the environment. The US-Environmental Protection Agency (EPA) and
Florida Department of Environmental Protection (FDEP) have implemented regulations to control wastewater collection system overflows. Roughly half of the overflows in Clearwater’s wastewater
collection system are caused by grease blockages.
On September 20, 2001, the City Commission adopted a new grease control ordinance for the wastewater collection system. The Ordinance focuses on controlling grease at its source –
food service facilities. This is done by regulating grease waste interceptor size, maintenance, and capacity, to handle grease waste prior to entering the wastewater collection system.
The Ordinance also provides requirements for interceptor maintenance, record keeping and grease removal. Grease trap design criteria must comply with Florida Building Code and Department
of Health criteria.
Improvements to the ordinance are based on information and experiences gathered in the field during the implementation of the program this past year. Changes include definitions of
Grease (1f,) and Wastewater Facility (1g), clarify the standard and the approval authority (3b), allowance for not requiring a permitted hauler for grease interceptor capacity of less
than 20 gallons (4a) (can be done by other means), improved enforcement of overflows caused by grease blockages (4a), more timely reporting requirements (4b), performance standards for
under sink interceptors (4i), clarify language describing interceptor condition after pump out and exception (4g).
There are no budgetary costs associated with this item.
This Ordinance shall take effect immediately upon adoption.
Commissioner Jonson moved to approve implementing changes to the grease control program for the wastewater collection system. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #7090-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7090-03 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Hibbard, Jonson, and Aungst.
“Nays”: None.
ITEM #34 - First Reading Ordinance 7075-03 amending Chapter 22, Section 22.59 of the Code of Ordinances adding the fenced–in area of the Clearwater Community Sailing Center that alcoholic
beverages may be possessed, sold and consumed.
Section 22.59 of the Code of Ordinances prohibits the possession of alcoholic beverages on any city park property with the exception of the Performing Arts Center and Theater, the Harborview
Center, the Jack Russell Stadium, the Clearwater Country Club, as well as Coachman Park during special events.
This amendment would allow for the possession, sale and consumption of alcoholic beverages within the fenced in area at the Clearwater Community Sailing Center.
Since the official opening of the Sailing Center on November 17, 1991, the City has permitted persons using the second floor to consume alcoholic beverages. These were generally persons
renting the facility for wedding receptions and club members.
This was permissible under Section 22.59 that allowed the sale, consumption and possession of alcoholic beverages in “the portion within a public building when rented to private parties”.
To our knowledge, there has been no sale of alcoholic beverages from the facility.
Since the Clearwater Community Sailing Association took over managing the center on October 1, 2002, it has generated a greater number of races and regattas with participants wanting
to celebrate after the event. The building has become difficult to keep clean with sandy wet participants having to go to the second floor of the building for their after-the-event
receptions. They are requesting permission from the City Commission to take the receptions out doors, but within the confines of the fenced in area where the gates can be closed and
activities monitored.
If this ordinance is approved, the Marine and Aviation Department will bring the City Commission an amendment to the Clearwater Community Sailing Association lease allowing for the
on premise possession, sale and consumption of alcoholic beverages, which are to be confined to the existing facility fenced in area, with appropriate signage and enforcement to prevent
alcoholic beverages from being removed from the premises.
In response to a question, Marine and Aviation Director Bill Morris said the fencing and cameras would help to ensure that no alcoholic beverages are removed from the premises. The
cameras are mostly used for monitoring the beach to the north and the Sailing Center. The access gates are closed in the evening.
Commissioner Gray moved to approve amending Chapter 22, Section 22.59 of the Code of Ordinances, adding a fenced in area at the Clearwater Community Sailing Center where alcoholic beverages
may be possessed, sold and consumed. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #7075-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7075-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Gray, Hamilton, Hibbard, Jonson, and Aungst.
“Nays”: None.
ITEM #35 - Resolution 03-03 - petition the State to create a vessel exclusion zone with access corridors for each upland property owner from the centerline of the North jetty near Adam's
Mark Beach Resort at the South end of Clearwater Beach and run eastward approximately 150 foot seaward of the MHWL to the centerline of the Clearwater Pass Bridge.
There has become growing concern on the part of the Clearwater Police, Fire and Rescue, as well as Clearwater citizens about enforcement regarding illegal activities on the water in
the area of the beach around Shephard’s Beach Resort Restaurant. Florida Statute 327.46 empowers the State to establish restricted areas for bathing or other purposes wherein it is
unlawful to operate a vessel or to carry on other prohibited activity. The statute states, “…where such restrictions are deemed necessary based on boating accidents, visibility, hazardous
currents or water levels, vessel traffic congestion, or other navigational hazards.” By requesting the creation of the designated vessel and aircraft exclusion zone on Clearwater Beach
from the North jetty near Adam’s Mark to the Clearwater Pass Bridge, we will increase the safety for swimmers and boaters, while assisting enforcement personnel.
The State of Florida Fish and Wildlife Conservation Commission has agreed to assist the City in expediting an approved vessel and aircraft exclusion zone with corridors for each upland
property owner within the proposed zone. After Resolution 03-03 is passed, we will submit it to the State for approval and amendment to the City permit.
City Manager Bill Horne said this recommendation was developed after a lot of discussion. Property owners in the area have expressed concern regarding the types of activities occurring
in this area.
Mr. Morris said there is a growing concern from public safety agencies. The State has indicated their full support for the proposed 150-foot vessel exclusion zone. He presented photographs
of the proliferation of boats anchored in the area. Upland busineses will have watercraft available to transport individuals to and from the beach.
Police Chief Sid Klein reviewed statistics regarding calls for service in this area. He said there were 1,034 calls for service in 2002. The Coast Guard and the Fire Department have
also had to respond to service calls.
Deputy Sheriff Coates said the Pinellas County Sheriff’s office has responded to service calls in this area. He said the offenses generally occur in the water making enforcement difficult.
Corporal Dwaine Summers, with the Marine Unit of the Pinellas County Sheriff’s Office, said there is a significant drop off in this area. He reviewed the violations that occurred in
2002. The Marine Unit wrote 93 citations in Clearwater Pass in 2002.
Concern was expressed that pushing inexperienced or impaired boaters further into the Gulf would create safety issues. Corporal Summers said the music is what attracts the anchoring.
He believed keeping the boaters further from the beach would cut down on the number in this area. In response to a question, he said deeper water requires that boats use a longer anchor.
In response to a suggestion, he said it would be impossible to regulate the anchoring of boats. The shifting currents and winds are a deterrent. There is a huge concern regarding
the ability to respond to an emergency in this area.
Discussion ensued regarding using photographs to issue citations and it was indicated this is not realistic. Staff is researching controlling alcohol consumption in the water. In
response to a question, Chief Klein said a law enforcement officer would have to observe the violation, which would require physical placement of an officer in the area at all times.
Once he observed the offense, an arrest could be made. He said the officer would have to go into the water to arrest the offender.
In response to a question, Chief Klein said Shephard’s Beach Resort has been cited several times for violation of the noise ordinance. It was remarked that Shephard’s attorney has
indicated Mr. Shephard is willing to cooperate with the City to try and find a solution. It was suggested asking Mr. Shephard to turn down the music at his establishment.
It was suggested that consideration be given to limiting anchoring of boats to the south side of the channel rather than a vessel exclusion zone on the north side. In response to a
question, Mr. Morris said Ft. Lauderdale has a vessel exclusion zone on a public beach on the ocean frontage not on a channel such as Clearwater Pass. He spoke to State representatives
who review wake zone ordinances. They have indicated the City would need to show reasonableness for restricting boaters in navigable waters. They didn’t see any way to prohibit
anchoring of vessels in Clearwater Pass, as it is a navigable body of water. They said the vessel exclusion zone with access corridors for property owners and bathers would be acceptable.
In response to a question, Corporal Summers said he felt jet skis would place law enforcement officers in a vulnerable position with hostile crowds and expose their equipment to salt
water. Mr. Coates said jet skis have merit to some extent, but the County’s marine unit does not have the resources to place officers on waverunners and on response vehicles for this
area.
Tom Horne, Chair of the Marine Advisory Board, said the noise reverberates off Continental Towers, etc. and the rowdiness takes place on weekends and holidays. He said if some of the
activities were stopped, boaters may be discouraged from coming to this area. He said law enforcement should arrive before the first boats to better manage the problems that occur.
He said he has assisted people swimming to their boats because of dangerous currents, etc. He suggested inflatables similar to the ones used by the Coast Guard. He found this to be
an enforcement issue. The Marine Advisory Board originally voted for the 150-foot vessel exclusion zone, but has since discussed the issue in more depth and unanimously voted against
the proposed vessel exclusion zone.
Twelve persons spoke regarding the vessel exclusion zone; four were in favor; six were against; and two expressed concern re selective enforcement and disrespect for law enforcement
officers. It was suggested this area be declared a public nuisance.
Police Lieutenant Mike Waters said Shephard’s Beach Resort has been cited in the past for noise ordinance violations. It was noted Shephard’s has not been cited for noise violations
for more than three years.
In response to a question, Mr. Shephard, owner of Shephard’s Beach Resort, suggested a 75-foot vessel exclusion zone indicating 150 feet was too great a distance. He said approximately
25% of boaters visit his establishment and interact with the patrons. He said a security staff monitors and controls activities. He said it is difficult to monitor activity beyond the
water line. Staff does not allow patrons to take drinks off the property.
Mr. Coates said there is obviously a need for greater enforcement in this area, however, the manner in which boats anchor limits the ability of law enforcement to take appropriate action.
The Sheriff’s office is willing to assist whenever possible, however, they have limited resources.
Chief Klein said the City needs to determine police presence and enforcement in this area. He believed this to be a resource and philosophy issue.
Discussion ensued and it was felt that neighboring property owners and residents have the right to a good quality of life. Boaters also have the right to enjoy the waterways. The
inappropriate behavior needs to be addressed. It was suggested repetitive enforcement would decrease that behavior. It was suggested more research needs to be done with respect to
the vessel exclusion zone, what other cities have implemented, and if alcoholic beverages in the water can be regulated. It was suggested that consideration be given to a partnership
with the Sheriff’s office and Shephard’s for funding a marine boat to monitor this area. It was remarked that the noise ordinance should be strictly enforced. It was felt this is not
only a City issue.
Commissioner Hamilton moved to deny the request to petition the State to create a vessel exclusion zone with access corridors for each upland property owner from the centerline
of the North jetty near Adam’s Mark Beach Resort at the South end of Clearwater Beach and run eastward approximately 150 foot seaward of the MHWL to the centerline of the Clearwater
Pass Bridge. The motion was duly seconded and carried unanimously.
The meeting recessed from 8:53 to 9:03 p.m.
ITEM #36 - Charter Review Committee Appointments
The City Charter requires the Commission to appoint a Charter Review Advisory Committee at least every five years in the January of a year preceding a general City election. Section
7.02 of the City Charter calls for there to be no less than ten members and provides that the committee review the existing Charter and make recommendations for revisions to the Commission.
The following names have been submitted and their applications and/or resumes have been provided to the Commission:
Patricia Bates-Smith
Mark P. Bryan
Thomas D. Calhoun
Joseph A. Calio
Katherine Elliott Cole
Emilio J. Correa
Daniel Dennehy
John Doran
Melody W. Figurski
William J. Fisher
Nicholas C. Fritsch
Dolores M. Fry
Rita Garvey
Isay M. Gulley
Tim Johnson, Jr.
Jay F. Keyes
David MacNamee
Joyce Martin
J. Dwight McEntire
Jay Edwin Polglaze
Lynne N. Robertson
Joanie Sigal
Lawrence (Duke) Tieman
Elizabeth I. Van Zyl
Suggested issues to be reviewed include:
a. Form of governance – Strong mayor vs. city manager form; distribution of authority – manager authority vs. commission prohibitions;
The Commission – number of members; at large vs. district seats; length of terms; and
Limitations – allow transfer/donation of residential and/or property of limited economic value; relieve or clarify 60-year lease language; merge the two sections regarding limitations
on City owned bluff/waterfront property.
City Clerk Cyndie Goudeau said the Charter requires the Committee to consist of at least ten members. If the Commission chooses, additional members can be appointed.
Commissioner Hibbard appointed Nicholas C. Fritsch; Commissioner Gray appointed Katherine Elliott Cole; Commissioner Jonson appointed Lawrence (Duke) Tieman; Commissioner Hamilton appointed
William J. Fischer; and Mayor Aungst appointed Timothy Johnson, Jr.
Discussion ensued in regard to the number of members, and it was felt twelve members would provide a broader representation of the City.
Commissioner Gray nominated Isay M. Gulley. The motion was duly seconded and carried unanimously.
Commissioner Hamilton nominated Melody W. Figurski. The motion was duly seconded and carried unanimously.
Commissioner Jonson nominated Jay F. Keyes. The motion was duly seconded and carried unanimously.
Commissioner Hibbard nominated John Doran. The motion was duly seconded.
Concern was expressed representation on the committee was heavily slanted to the West.
Commissioner Hibbard withdrew his nomination of John Doran. The seconder concurred.
Commissioner Hibbard nominated Jay Edwin Polglaze. The motion was duly seconded and carried unanimously.
Mayor Aungst nominated Joseph A. Calio. There was no second.
Mayor Aungst nominated John Doran. The motion was duly seconded and carried unanimously.
Commissioner Hibbard nominated Daniel Dennehy. The motion was duly seconded and carried unanimously.
Commissioner Gray nominated Thomas D. Calhoun. The motion was duly seconded and carried unanimously.
It was suggested that Section 2.7(b) regarding commission absences be reviewed by the Committee.
Ms. Goudeau said she would contact Committee members to schedule an organizational meeting to discuss meeting times and dates.
Commissioner Gray moved to appoint Thomas D. Calhoun, Katherine Elliott Cole, Daniel Dennehy, John Doran, Melody W. Figurski, William Joe Fisher, Nicholas C. Fritsch, Isay M. Gulley,
Timothy Johnson, Jr., Jay F. Keyes, Jay Edwin Polglaze and Lawrence (Duke) Tieman to the 2003 Charter Review Committee, and to direct the Committee to be review form of governance, commission
composition, terms, seats, etc., limitations regarding city-owned property and commission absences. The motion was duly seconded and carried unanimously.
ITEM #37 - Other Pending Matters – None.
CITY ATTORNEY REPORTS
ITEM #38 - Other City Attorney Items
a) Authorize partial settlement of City of Clearwater v McKim & Creed, et al., Circuit Civil No. 98-7919-CI-15, by agreeing to settle City’s claim against McKim & Creed.
This case arises from an incident in 1994 involving a “site-glass” attached to a storage tank of 3,000 gallons of concentrated sulfuric acid at the City’s Northeast Wastewater
Treatment Facility. The purpose for the site-glass was to provide easy visual measurement of the quantity of acid in the tank.
Walbridge Contracting, Inc., was the general contractor on the Northeast Wastewater Treatment Facility construction project. Briley-Wild & Assoc., Inc., was the City’s consulting engineer
for the project. McKim & Creed Engineers, Inc., is the successor corporation to Briley-Wild.
The site-glass was installed sometime during the period from December 1993, to January, 1994, pursuant to a change order to the construction contract. This change was approved by the
consulting engineer (Briley-Wild). The site-glass failed in December, 1994, spilling over 2,000 gallons of concentrated sulfuric acid.
The proposed settlement would release McKim & Creed and dismiss it from the lawsuit in exchange for the payment of $35,000.00. The City’s claim against Walbridge Contracting, Inc.
will remain.
Authorization is sought to settle this action pursuant to the above terms and to authorize the execution of a settlement agreement and release.
Commissioner Hamilton moved to authorize partial settlement of City of Clearwater v McKim & Creed, et al., Circuit Civil No. 98-7919-CI-15, by agreeing to settle the City’s claim against
McKim & Creed. The motion was duly seconded and carried unanimously.
ITEM #39 - City Manager Verbal Reports
City Manager Bill Horne said the first informational ad regarding the City came out in the Clearwater Times. This type ad will run twice a month.
ITEM #40 - Other Commission Action
a) Infill provision in Community Development Code – Jonson
Commissioner Jonson distributed information for the Commission to review regarding the Infill provision in the Code. The issue will be discussed at a future meeting.
b) Code Enforcement – Jonson
Commissioner Jonson said some neighborhoods are concerned about losing Weed and Seed grants and how to deal with it. He requested staff look to enhance code enforcement in Clearwater
during the next budget cycle. He requested staff do comparisons with other cities.
Development Services Director Jeff Kronschnabl said a fair comparison of Clearwater to other cities of similar size is difficult due to the age of the housing stock which greatly affects
code enforcement. Additionally, Clearwater educates residents before imposing violations. Staff was directed to compare code enforcement with other cities using as much available similar
statistics as possible. An opinion was expressed collecting this information comparison would not be a good use of staff time.
Commissioner Jonson announced the opening of Ms. Ellen’s Barb-B-Q in Lake Belleview. He mentioned the FOP Banquet honoring outstanding officers.
Commissioner Hibbard wished Carolyn Brink well and hopes she returns soon. He offered condolences to the Martens’ and Edmunds’ families. He urged all to enjoy the new Greenwood Recreation
and Aquatic Center.
Mayor Aungst hoped Executive Assistant Carolyn Brink would return soon. He said he is proud of his wife for her support and volunteer work.
ITEM #41 - Adjournment
The meeting adjourned at 9:57 p.m.