04/04/1996 (2)
I . . .. -.. " ~ . . ~ . .
. '.. .
'I~; . . '" ,
~ ~... ,.. >
"
"
, ,
.'" ....u. . ~ ~, ", "". . d. ~ .
,I . '., ....... , '.~ '~,'". I ..;", . O::T~~
. .
,'-.-." I
. - .,p
COMMISSION
City Commission Minutes
. .....-..,
" }
'-'"
Date /fpnJ ~ ./f9~
+-/:2-20 .
I.
~.
i
. I
,
i
\
,
. '. I'
} '. .... ~ . .' ." . .
".4' . l
CITY COMMISSION MEETING
CITY OF CLEARWATER
April 4, 1996
Present:
Rita Garvey
Sue A. Berfield
Fred A. Thomas
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice~Mayor ICommissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Deacon Albert Tibbetts of St. Cecelia's Catholic 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.
Farewell Commissioners Berfield & Thomas
Commission members, the City Manager and City Attorney presented farewell gifts
and made parting remarks to Commissioners Berfield and Thomas.
Former Commissioner Justice played the harmonica in farewell to Commissioner
Thomas. Commissioner Thomas said when he took office, his main objectives were to
protect public safety, serve the citizens, and keep costs low. He listed accomplishments
achieved without a tax increase and said most decisions were unanimous. He credited
former Commissioner Deegan and Commissioner Berfield for their support. He
recommended ridding the City of apathy by giving citizens a greater voice. He thanked and
complimented staft, fellow Commissioners, his administrative aide, his son, and wife, Joy.
He said serving the City was an honor.
Commissioner Berfield said she was sorry to be leaving but grateful for extra time
she will have. She listed and thanked the Commissioners with whom she has worked.
She thanked and complimented City staff, especially the City Manager's office. She
thanked her daughters, son.in-law, and husband, Jim, for their help, unswerving support,
and encouragement. Commissioner Berfield urged citizens to become involved in their
City's government and encouraged the Commission to keep moving forward and prepare
'".,)
mcc04a.96
1
04/04/96
~ >. .' . . .. I . . . '~ . ' -
'~""L . .
.- .... for the 21 st Century. Mayor Garvey thanked both Commissioners for their service to the
citizens of Clearwater.
The Commission recessed from 6:52 to 7:09 p.m.
Commissioners Berfield and Thomas left the meeting.
Oath of Office Administered
The City Clerk administered the Oath of Office to Mayor Garvey and Commissioners
Seel and Hooper. The Mayor introduced family members of the new Commissioners who
were present at the meeting.
The Commission recessed from 7: 12 to 7: 19 p.m.
ITEM #3- Service Awards - None.
ITEM #4 - Introductions and Awards
Proclamation:
Arbor Day - April 27, 1996
,\
ITEM # 5- Presentations
..~;;;~
a) Sailing Center Business Plan
Harbormaster Bill Held presented a video of the Sailing Center's business plan that
reviewed the center's objectives: 1) take full advantage of the facility and continue
campaign promoting the center; 2) double membership and fleet used for instruction by FY
(fiscal year) 1999/00; 3) increase number of contract instructors; 4) increase staff by one
part-time employee to support growth and increase room rental and class revenues; 5)
increastI revenues; and 6) develop plans for a floating dock including permits. The Sailing
Center's goals for FY 1995/96 are to improve customer satisfaction and revenues. The
number of boats, members, regattas, and students in water painting and yoga classes has
increased. The five-year program has been updated. Mr. Held said staff is working toward
getting permanent approval for a floating dock.
Significant accomplishments include: 1) revenues higher than projected; 2)
expenditures tower than projected; 3) floating dock constructed in August 1995; 4)
assisted presentation of Silver Medalist Jim Brady; 5) hosted 10 regattas; 6) donation of
11 boats valued at $11,500; 7) assisted Suncoast campaign with Olympic training; 8)
hired part-time employee in December 1995; and 9) facility used by U. S. Sailing
Association Conference. The Sailing Center asked City Commission approval of: 1)
changing objective 115 to ". . .increasing Sailing Center revenue from $36,216 in FY
1994/95 to $62,000 in FY 1999/00 and increasing donations from $4,902 in FY 1994/95
to $11,000 in FY 1990100, which wi!1 "Close the Gap" from 47.2% to 47.4%; 2)
updating 5-year Program Statement; 3) adding Resolution 1195-31 to increase Sailing
Center rental charges to the Business Plan; and 4) supporting a permanent floating dock.
I....J
mcc04a.96
2
04/04/96
. . . \ ',; .../ ' . ,.' I.' "
/- ,
\
Mr. Held thanked all those involved in the Sailing Centerts success and introduced
Sailing Center Coordinator Laurie Schultz and Recreation Leader Tim Geary. He reported
the Sailing Center facility is recognized throughout the nation. He noted competition from
the Harborview Center and newly refurbished Clearwater Beach Recreation Center Is
having an impact on Sailing Center room rentals. He thanked the City Commission for
their support.
ITEM #6 - AODroval of Minutes
Commissioner Johnson moved to approve the minutes ot the regular meeting of
March 21. 1996, 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 Aoenda
Nathaniel Golden expressed concern regarding problems associated with small.sized
lots in South Clearwater. Difficulties include selling the lots, littering, and difficulty in
obtaining building permits. Staff will review this issue.
. . ~......
\
I
Nicholas Fritch. of the Sand Key Civic Association, welcomed new Commissioners,
congratulated the Mayor's reelection, and thanked outgoing Commissioners. He
complimented Sailing Center staff and acknowledged Parks & Recreation efforts to
beautify Clearwater Pass Bridge.
...",-.~~
PUBLIC HEARINGS
ITEM #8 - Public Hearing - Res. #96-26 - authorizing the placement of liens on properties
for unpaid utility bills (FN)
The Director of Finance and Utility Customer Service Manager recommend filing of
liens for delinquent utility accounts over $100 and utility accounts delinquent 90 days or
more after owners are notified of their indebtedness by Utility Customer Service and by
City Clerk of Public Hearing pursuant to Chapter 32, Section 32.072 of City Code.
Commissioner Clark moved to authorize the placement of liens on properties for
unpaid utility bills and the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
The City Attorney presented Resolution #96-26 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #96-26 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
UNayslt: None.
u
mcc04a.96
3
04/04/96
" -
,
ITEM #9 . (Cont'd from 03/21/961 Public Headng . Approve City's request to vacate that
portion of the north/south alley lying West of Lots 3-6 and East of Lots 7-10 in Blk 3, Pine
Crest Sub., and deny request to vacate the alley West of Lots 1 & 2 and East of Lots 11 &
12 (City, V96-03B) (EN)
This item was continued to accommodate concerns expressed by adjoining property
owners. This City.initiated, neighborhood.wide, alley vacation request is for an area
bounded by Drew Street, Myrtle Avenue, Greenwood Avenue and Palmetto Street based
on Commission direction. Area residents believe fencing in their part of the vacated alleys
would help eliminate pedestrian traffic and illegal activities along the rear of their
properties. This vacation will further restrict vehicular and pedestrian access.
Ann Capshaw, owner of four lots abutting the subject alley, had written a letter
expressing concern regarding activities in and about the alley. She has agreed to a partial
vacation to control traffic. Engineering Services reviewed the condition of this alley and
agreed the Southerly portion could be vacated. Because the business owner on the West
side of the North end of the alley also owns a lot on the East side, he will have room to
maneuver a truck to his loading dock.
,'..:';)
Local utilities have no objections provided utility easements are retained full width
over the vacated alleys. The City has existing utility services within the alleys. The City
Engineer concurs with Engineering Servicest recommendation to vacate the Southerly
portion of the alley.
Ms. Capshaw owns Deacon's Corner next to the subject alley. She said the alley is
a hot bed for drug dealers and users and the public telephone at her business is used for
this activity. She said'the alley is strewn with debris and attracts transients who sleep
there. She requested the City vacate the alley by her four lots and erect barriers to
obstruct through traffic. She said Arthonia Godwin, who owns the business next door,
feels he needs space in the alley for loading, etc. She felt sufficient room would remain to
meet his needs. She circulated photographs of the subject alley.
Arthonia Godwin, owner of Godwin Interiors, Inc., said closing the alley would
create some hardship in accessing his three warehouse doors. It is convenient for delivery
vehicles that service his business to drive straight through the alley. He agreed the drug
situation needs to be addressed and suggested leaving the alley open would provide Police
easy access and the ability to deal with vehicles that stop there. In answer to a question,
Mr. Godwin said he accesses his workrooms daily. Use of his warehouse varies but
averages two or three times per week. The City Manager said the subject alley is publicly
owned and reported, in the past, the City has been very reluctant to vacate an alley if an
objection is raised.
Mr. Godwin said he could not access his warehouse if the alley behind lot 2 is
vacated. He expressed concern large trucks unloading at his warehouse would have to
back up if a portion of the alley is vacated. The Mayor noted the alley is not wide enough
.J
mcc04a.96
4
04/04/96
,
.", " "', . . . .
~, for vehicles to pass side by side. Mr. Godwin said it is more convenient for him to have
the alley remain as it is.
The Mayor questioned how to deal with Ms. Capshaw's problem. Commissioner
Hooper expressed concern both sides had been in agreement at Monday's Work Session.
In answer to a question, Mr. Godwin said drug trafficking has not caused his business any
problems. He indicated his business is closed at night. The Mayor noted Ms. Capshaw's
business is open at night. Ms. Capshaw felt the drug problem should take priority over the
difficulties a truck may have backing out of the alley. She said she was willing to permit
Mr. Godwin to use part of her property. She did not care where the barriers were erected.
Engineering Director Rich Baier suggested bollards could be installed in an L-shape to stop
use of a shift road through lot 10 that accesses the alley. He said the City is responsible
for erecting barriers at the termination of alleyways due to liability issues. He suggested a
fence could be erected to block the shift road if lot 10 is vacated. Ms. Capshaw
expressed concern vacations of only a portion of the alley abutting her property may affect
the future sale of the property. Commissioner Seel questioned if Mr. Godwin could move a
temporary barrier for his trucks. Mr. Baier suggested staff meet with the interested parties
to address this issue further.
Commissioner Hooper moved to continue this item until April 18, 1996. The
motion was duly seconded and carried unanimously.
ITEM #10 - Public Hearina - Declare surplus for the purpose of granting a Distribution
Easement (DE) to Florida Power Corp.. Sec. 29-28-16, M&B 22.04, alkla Countryside
t~:) Community Park, and thereupon approve grant of DE to Florida Power (EN)
Countryside Recreation Center is baing constructed in Countryside Community Park.
Construction features include site work, parking, and building. Completion is scheduled
for August 15, 1996. Florida Power Corporation has requested a blanket Distribution
Easement over the park property for the purposes of providing electrical services to the
facility. Staff recommends granting the Distribution Easement to allow installation of
electrical services to the new facility, and provide for future services as may be required.
Mr. Baier referred to his April 4, 1996, memorandum regarding questions posed at
Work Session. The Parks & Recreation Department had scaled back efforts to annex this
Florida Power parcel after Pine lias County provided a special exception to allow
construction of the parking facility within the Florida Power right-of-way. This item does
not encourage or address the possibility of Florida Power placing additional power related
appurtenances within their property. .
In answer to a question, Assistant City Manager Bill Baker said Florida Power has
requested a blanket easement to install power to the park complex. The City will approve
how the wiring extends to the recreation center. The City Attorney said the City is
granting Florida Power a 1 O-foot easement on either side of that wiring. The City Manager
reported staff is back on track working to annex the property.
'""-./'
mcc04a.96
5
04/04/96
. , . J I' . ..' .. ~ I ,
. < : ~:.
.~.,. i .
Commissioner Clark moved to declare as surplus for the purpose of granting a
Distribution Easement to Florida Power Corporation a portion of the Northwest quarter of
Section 29, Township 28 South, Range 16 East identified as Pinellas County Tax 1.0.
parceI1/29-2S-26-0000Q-220-040Q, alkla Countryside Community Park, and thereupon
approve the grant of Distribution Easement to Florida Power Corporation, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM # 11 - Public Hearing - Declare surplus for the purpose of selling city-owned property,
Island Estates of Clearwater, Unit 5, Blk 0, Lot 7; authorize it be offered by advertised bid
for the price of not less than $213,500 (EN)
At the April 1, 1996 Work Session concerns were expressed regarding the current
low value of the property. It was suggested sale of the property be put on hold for now.
Commissioner Hooper moved to deny the request to declare as surplus for the
purpose of selling City-owned property legally described as Lot 7, Block D, Island Estates
of Clearwater, Unit 5, for the price of not less than $213,500. The motion was duly
seconded.
It was suggested the item be withdrawn.
1
\
\
;
.-
Commissioner Hooper withdrew his motion. The seconder withdrew the second.
. "..,\
I
-'
Commissioner Hooper moved to withdraw Item #11. The motion was duly
seconded and carried unanimously.
ITEM #12 - Public HearinQ & First Reading Ords. #6009-96 & #6010-96 - Annexation &
RS-8 Zoning for property located at 1330 Parkwood St., Pine Ridge Sub., Blk A, Lot 18
(Andrew J. &. Sherry L. Labus, A96-10)
The applicant has requested annexation and proposed zoning of Single-Family
Residential 'IEight" for 1330 Parkwood Street to obtain sewer service. On March 19,
1996, the Planning & Zoning Board unanimously endorsed the request.
Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Single-Family Residential "Eight" (RS-B) for Lot 18, Block A, Pine Ridge
Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 1/6009-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6009-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
.tAyes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
J
mcc04a.96
6
04/04/96
" . ' " .'" .. .,'. .... '.' :, .
"t+".-:".
.~
The City Attorney presented Ordinance #6010-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6010-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #13 ~ Public Hearing & First Readina Ords. #6011-96 & #6012~96 - Annexation & IL
Zoning for property located at 1231 N. Hercules Ave., Sec. 12-29-15, M&B 13.06 (Daniel
M. & Annette Maere, A96-11)
The applicant has requested annexation and proposed zoning of Limited Industrial
(ILl for 11231 North Hercules Avenue to obtain sewer service. On March 19, 1996, the
Planning & Zoning Board unanimously endorsed the request.
Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Limited Industrial (IL) for M&B 13-06 in Section 12-29S-15E. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance 116011-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6011-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
I..~~)
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
The City Attorney presented Ordinance #6012r96 for first reading and read it by
title only. Commissioner' Johnson moved to pass Ordinance #601 2-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes'\: Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
Public Hearina - Second Reading Ordinances
ITEM # 14 - Ord. #5908.95 - Amending/Creating Secs. 42.26(6) to allow fences enclosing
swimming pools up to 4' high within waterfront setback areas and street r-o-w setback
areas (LDCA95-161
The City Attorney presented Ordinance #5908-95 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #5908-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
~~
mcc04a.96
7
04/04/96
: .,' . ".,'. , ," . ,. .... ,'. . . .. Ii' j
I
i,
t. ."".
"Nays": None.
ITEM # 1 6 ~ Ord. #5970-96 - Amending Sec. 42.21, to provide for improved clarity
concerning the application of landscaping and parking standards for nonconformities
(LOCA95-24)
The City Attorney presented Ordinance #5978-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5978-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
';Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM # 16 ~ Ord. #5993-96 - Annexation for property located at 1920 Soule Rd., Sec. 5-
29-16, M&B 24.05 & Robinwoad Sub., Blk 8. Lots 2 & 3 (de Paul School for Dyslexia, Inc.,
A96-04)
The City Attorney presented Ordinance #5993-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #5993-96 on second
and tinal reading. The motion was duly seconded and upon roll call, the vote was:
, ......
.
"Ayes": Johnson, Clark, Hooper. Seel and Garvey
UNays": None.
ITEM #17 . Ord. #5994-96 - OL Zoning for property located at 1920 Soule Rd.. See,' 5-29-
16, M&B 24.05 & Aobinwood Sub.. Blk B. Lots 2 & 3 (de Paul School for Dyslexia, Inc.,
A96-04)
The City Attorney presented Ordinance #5994-96 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #5994-96 on second
and final reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #18 - Ord. #5995-96 - Annexation for property located at 1933 Summit Dr" Skyline
Groves Sub.. Lot 93 (Richard K. & Wanda J. Graham, A96-06)
The City Attorney presented Ordinance #5995-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5995-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayest1: Johnson, Clark, Hooper, Seel and Garvey
\. ..,./
mcc04a.96
8
04/04/96
... ~ \"l'\ >
.-- '"
"Nayst': None.
ITEM #19 ~ Ord. #5996~96 - RS~8 Zoning for property located at 1933 Summit Dr.,
Skyline Groves Sub., Lot 93 (Richard K. & Wanda J. Graham, A96-06)
The City Attorney presented Ordinance #5996-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #5996-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
IIAves": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #20 . Ord. #5997-96 - Annexation for property located on the N & S corridor of
Landmark Dr., Parcel #1 . Oellwood Heights Sub., Blk A, Lots 1 & 2 together with abutting
r-o-w to W of Lot 1, Parcel #2 - Sec. 9-29-16. M&B 23.021 (City. A96-07)
The City Attorney presented Ordinance 115997-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 115997-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
r';'l,
"l~~
"Nays": None.
ITEM #21 - Ord. #5998-96 - OL Zoning (Parcel 111 ), IL Zoning (Parcel #2) for property
located on the N & S corridor of Landmark Dr., Parcel 111 - Dellwood Heights Sub., Blk A,
Lots 1 & 2 together with abutting r-o.w to W of Lot 1, Parcel #2 - Sec. 9-29-16, M&B
23.021 (City, A96.07)
The City Attorney presented Ordinance #5998-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #5998-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays.t: None.
ITEM #22 - Ord. #5999-96 - Annexation for property located at 1701 N. Hercules Ave.,
Sec. 12-29-15, part of M&B 12.011 (City, A96.09)
The City Attorney presented Ordinance #5999-96 for second reading and read it by
title only.1 Commissioner Hooper moved to pass and adopt Ordinance #5999-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
.'J
mcc04a.96
9
04/04/96
, .', \ .. .' - .. '. ' .
, '
I'
,.
"
" "\,
,
"Nays": None.
lTEM #23 . Ord. #6000-9Q - IL Zoning for property located at 1701 N. Hercules Ave., Sec.
12-29-15, part of M&B 12.011 (City, A96~09)
The City Attorney presented Ordinance #6000-96 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6000-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITIM #24 - Ord. #6001-96 - Vacating north/south alley lying between Lots 11, 12, 13,
the S 1/2 of Lot 14 and lots 2, 3, 4, and S 1/2 lot 1, E. A. MarshaWs Sub. (Discount
Auto, V96-02)
Commissioner Clark moved to continue this item until April 18, 1996. The motion
was duly seconded and carried unanimously.
."-",
.,J
ITEM #25 - Ord. #6007-96 - Amending Sec. 2.528 to impose a service fee of $20 or 5%
of the face amount, whichever is greater, for the collection of a dishonored check, draft or
money order
The City Attorney presented Ordinance #6007-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6007-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #26 - Ord. #6008.96 - Vacating W 5' of 10' Drainage & Utility Easement lying along
E side of Lot 90, Woodgate of Countryside Unit Two (Hawley, V96.04)
The City Attorney presented Ordinance 116008.96 for second reading and read it by
title only. Commissioner Clark mO\led to pass and adopt Ordinance #6008-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Naystt: None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-371 - Approved as submitted
\J
mcc04a.96
10
04/04/96
. I ~ . . . . . ... . ,,' ,,1. " . ~ '.}
. -"'\
ITEM #27 ~ Agreement with Pinellas County to govern termination of water services for
non~payment of sewer service charge (FN)
ITEM #28 ~ Confirm a 20 year InterrUD~lble TranSDortation Service Agreement with Florida
Gas Transmission, Houston, TX, providing for transportation of natural gas on an
interruptible basis to the gate stations (GAS)
ITEM #29 ~ Aoorove Clearwater Gas Svstem's continued oarticioation with the Florida
Municipal Natural Gas Association (FMNGA) in the joint municipal representation of Federal
Bnd State regulatory issues through use of legal counsels based in Washington, D. C. and
Tallahassee, FL, and pay related annual FMNGA shared expenses (04/05/96 ~04/04/97), at
an estimated $60,000 (GAS)
ITEM #30 - Authorize addition of one Tradesworker I Dosltion for the Building &
Maintenance Division to assume tasks &. duties of the outsourced heating, ventilating & air
conditioning filter replacement program which is no longer cost effective to privatize {GS}
ITEM #31 ~ Contract for Finance System software support & maintenance to Ross
Systems, Redwood City, CA, for the period 07101/96 -06/30/97, for $45,731.58 (1M)
"'-\
,,,J
ITEM #32 ~ Conditional Assionment of Lease for the Marina Restaurant from Edward M.
Metallo & Ursula M. Metallo, d/b/a Marina Restaurant to Thomas C. Wolkowsky & Patricia
A. Wolkowsky, d/b/a Marina Restaurant (MR)
ITEM #33 - Purchase of polymer from leahchem Industries, Inc., Titusville, FL, for the
period 04118/96 ~04/17/99, for an estimated $339,000 (EN)
ITEM #34 - License Agreement with PCS PrimeCo. L.P., a Delaware Limited Partnership,
licensing to its non-exclusive use City communications towers at 3290 SR 580 and 1400
Young Street, and the North Water Tank at 1751 Kings Highway, for the purpose of
installing & operating Personal Communications Systems (PCS) equipment for an initial 5
year term, with option to automatically extend for 4 additional terms of 5 years each,
unless the City is timely notified to the contrary, providing for initial year lump sum annual
rent payment of $37,800 payable upon the License commencement date, increasing 4%
annually thereafter, due & payable in single annual installments upon each anniversary of
the commencement date (EN)
ITEM #35 - Ratifv & Confirm C.O.1I3 & Final to 1995 Gunite Restoration Contract to.
Infrastructure Services, Inc. /151 Operating Corp., Franklin, TN, increasing the amount by
$36,354 for a new total of $440,425 (EN)
ITEM #36 - Aooointment of Commissioners to various reaional & miscellaneous boards
{eLK} Garvey to: Florida League of Cities Board of Directors; Emergency Medical Services
Advisory Council; Mayor's Council of Pinellas County; ex~officio to OD8; Chi Chi Youth
Foundation Trustees; Pension Advisory Committee; and St. Petersburg/Clearwater
Economic Development Council; Johnson to: Tampa Bay Regional Planning Council;
--..J
mcc04a.96
1 1
04/04/96
. .. . . . . I ~'.' / + ... .. , . . . ~ ..
" Pension Advisory Committee; and Pinellas Sports Authority; Clark to: Pension Advisory
Committee; Pinellas Suncoast Transit Authority; and Metropolitan Planning Organization;
Seel to: Performing Arts Center & Theater Board of Directors and Pinellas Planning
Council; Hooper to: Jolley Trolley Transportation of Clearwater, Inc., Board of Directors
and Homeless Task Force. Also, Commission members to rotate attending Suncoast
league of Municipalities Board of Directors meetings and when CRA Vice-Chair is
appointedf that person shall be 2nd DDS ex~officio member.
ITEM #37 - Aoorove 2nd extension of six months to reQuirement of City Attornev contract'
to move into Clearwatl3r to enable sellinQ of house before relocation (eA)
Commissioner Clark moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimousty.
. OTHER ITEMS ON CITY MANAGER REPORT
ITEM #38 - First ReadinQ Ord. #6005-96 - providing for notice by certified mail, return
receipt requested, or by personal service within 5 days after real property is posted (re Lot
Clearing) (CRT)
,<~')
Current code requires staff give a property owner a copy of the notice of violation
on or before the date a property is posted for a Jot clearing violation. Mailing the notice
after the property is posted would be more efficient and less time-consuming. All research
on real property and/or vehicle ownership must be completed before notice can be mailed.
Currently, the inspector must make one extra visit to the property. Under the proposed
amendment, the property owner will still have a minimum of 10 days to comply.
Commissioner Clark moved to approve providing notice by certified mail. return
receipt requested, or by personal service within 5 days after real property is posted relating
to lot clearing. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6005M96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 1/6005-96 on first reading. The
motion was duly seconded and upon roll call. the vote was:
IIAyes": Johnson, Clark, Hooper, Seel and Garvey
IINaystt: None.
ITEM #3~ - Res. #96-24 - providing for redemption of Parking System Revenue Bonds,
Series 1983 on 07/01/96 (FN)
The Parking Revenue Bonds, Series 1983, have the following maturities outstanding
at 9.5% interest: 1) $100,000 maturing on January 1, 1997 and 2) $110/000 maturing
on January 1, 1998. These bonds currently are subject to optional early redemption at
100% of par (no premium). The interest rate is high as compared with today's market. By
, -......)
mcc04a.96
12
04/04/96
. ..' . : '. I I . . .! < . . ~
,
,
I
redeeming these bonds with cash on hand earning less than 6%. the Parking Fund will
save approximately $7.500. The Parking Fund has sufficient funds available to redeem
these bonds.
Commissioner Seel moved to provide for the redemption of the Parking System
Revenue Bonds, Series 1983, on July 1, 1996, and that the appropriate officials be
authorized to execute same. The m'otion was duly seconded and carried unanimously.
The City Attorney presented Resolution #96-24 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #96-24 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson. Clark, Hooper. Seel and Garvey
"Nays": None.
ITEM #40 - C9ntract f9r Traffic Engineerino Services Field Ooerations Comclex to
Hennessy Construction Services. Corp., for $406.668.15; approve related expenditures of
$19.700, for a total of $426,368.15 (EN)
The City Manager stated staff has withdrawn this item and will bring it back in two
weeks.
\ ''"''') ITEM #41 . Harborview Caterer Contract (CM)
-tc~.
The City Manager requested setting a Special Meeting to discuss this issue at 1 :00
p.m. before the Special Work Session scheduled for April 8, 1996.
Commissioner Johnson moved to schedule a Special Meeting to address the
Harborview Center caterer contract on April 8, 1996, at 1 :00 p.m. The motion was duly
seconded. Commissioners Johnson. Hooper, Seel and Mayor Garvey voted "Aye";
Commissioner Clark voted "Nay." Motion carried.
. Commissioner Clark expressed concern the meeting time provided little opportunity
for input from concerned citizens and recommended the Commission reconsider their vote.
In answer to a question. Ms. Rice indicated the City Commission had discussed the
agreement previously. She said 50 contracts have not been finalized because a caterer
has not been contracted. Commissioner Hooper questioned if the public can speak at
Monday's meeting. It was indicated they could. Commissioner Clark said the meeting's
time is not convenient for most citizens to attend.
ITEM #42 - Other Pendino Matters - None.
CITY ATTORNEY REPORTS
ITEM #43 - Other City Attornev Items
I.....,)
mcc04a.96
13
04/04/96
. .,
..... \ ~, , .' . '. . '. .. . '.' I . . '
a} Res. #96.31 . Requesting Florida Division of Alcoholic Beverages and Tobacco to issue
a special license for alcohol consumption on-premises only to the Harborview Center, and
requesting transfer at said license to the Facilities Caterer: rescinding Res. #96-1 S
The City Attorney recommended delaying action on this item until a decision is
reached regarding the Harborview Center caterer. The Resolution will be placed on the
April 8, 1996 agenda.
ITEM #44 - City Manaaer Verbal Reoorts
a) Legislative Update
City Clerk Cyndie Goudeau reported the legislature is in session. Staff has
contacted the City's lobbyist, Mr. Massie, regarding the City's priority issue, the Memorial
Causeway Bridge. The Pinellas County Legislative Delegation lobbyist indicated the
Delegation is aware of and supports the City's efforts. A bill introduced on behalf of Leon
County would allow an agency to move forward with a project that should have been in
the FDOT (Florida Department of Transportation) work plan. When the project's
classification is corrected, the agency will be reimbursed. The shortcomings of Senator
Latvala's last mangrove trimming bill are being corrected. Representative Morroni's bill is
still in committee to address child pornography and the problem of unwelcome videotaping
on the beach and in the bathrooms.
'\
I
.....--'
In answer to a question, the City Manager said funding for Sand Key beach
renourishment is in the Governor's budget. Mr. Massie is confident it is a priority issue in
the House of Representatives. She expressed concern the Senate has not rated it as an
important issue. Mr. Massie is working with the Senate and will contact the City if a
telephone campaign is needed. The City Manager stated Legislative Action Day is
sc::heduled for April 10, 1996, and would provide a good opportunity for City
Commissioners to meet legislators, thank them for their support, and express their concern
regarding this issue.
ITEM #45 - Other Commission Action
Commissioner Johnson questioned Commissioner Clark's concerns regarding the
April 8, 1996, Special Meeting to award the Harborview catering contract. He noted the
issue has been discussed a number of times. Commissioner Clark encouraged public input
as the contract is of substantial size. He expressed concern regarding the provision
granting the caterer 8 % off the top.
Commissioner Seel recommended a town meeting to address proposed Landmark
Drive extension. She did not think people understand the ramifications of a decision.
Commissioner Seel moved to delay the discussion of the Landmark Drive extension
until May 2, 1996. There was no second.
'....J
mcc04a.96
14
04/04/96
. , .' I I ,. n.~ III .. ,/ I . . . ~
"
,i
~ :: :.:: :::' ;:~:":/~j
"""'r'"
...-" Mr. Shuford said staff will post signs in affected neighborhoods indicating the issue
"
.". will be addressed at the April 18, 1996, Commission meeting at a specific time.
Consensus was to schedule the Landmark Drive discussion for 7:30 p.m. on April
18,1996.
Commissioner Hoooer. thanked, on behalf of all candidates, the City Manager and
staff for their quick response to candidate requests.
Commissioner Clark thanked staff for the Harborview activity schedule. He
recommended installing a Harborview sign in the near future.
Commissioner Clark questioned if variance conditions were met for the
Scientologists' sign on the old Clearwater Sank building. Ms. Rice reported the sign was
replaced.
CQmmissioner Clark requested the CRA address the DDS/CRA interlocel agreement
at the next eRA meeting. He expressed concern monies are being transferred between the
organizations for no good reason.
Mavor Garvev announced the Downtown Market Place is held Saturday mornings.
The next Saturday in the City event is scheduled for April 20, 1996.
t,~~
ITEM 1146 - Adiournment
The meeting adjourned at 8:48 p.m.
Al'TES'r;' r. ~ z jj ~ I '.0. ~.
. ~ City Clerk
'J
mcc04a.96
15
04/04/96