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COMMISSION
City Commission Minutes
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CITY COMMISSION MEETING
CITY OF CLEARWATER
October 16, 1997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Michael J. Roberto
Kathy S. Rice
Bob Keller
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor/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 6:01 p.m. at City Hall. The invocation
was offered by Commissioner Johnson. The Mayor led the Pledge of Allegiance.
To provide continuity for researchl items are in agenda order although not necessarily
discussed in that o~der.
0' ITEM #3 - Service Awards
Two service awards were presented to City employees.
Jana Fine, Library Department, was presented the 1997 Employee of the Year
award.
ITEM #4 - Introductions and Awards
Proclamations:
Lupus Awareness Month - October 1997
Domestic Violence Awareness Month - October 1997
Week Without Violence - October 19 -25, 1997
Florida City Government Week - October 19 -25, 1997
Information Management Director Jeff Harper invited viewers to celebrate Florida
City Government Week and attend the 1997 City Expo at Clearwater Mall on October 25,
1997.
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ITEM #5 . Presentations
a) Florida Natural Gas Association - 1997 Operating Person of the Year Award
, The award was presented to Gas Supervisor Mike Deegan by Clearwater Gas
System Managing Director Chuck Warrington.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved t9 approve the minutes of the regular meeting of
October 2, 1997, and the two special meetings of October 6, 1997, 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 Aaenda - None.
PUBLIC HEARINGS
ITEM #8 ~ Public Hearina & First Readino Ord. #6193.97 - Vacating easterly 2.5' of 5'
utility easement lying along west side of Lot 14, Blk 60, Mandalay Sub. (Pfaelzer & Connor,
V97~16)(EN)
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To eliminate an encroachment, the applicant requests to vacate the easterly 2.5-feet
of the 5-foot utility easement lying along the West side of Lot 14, Block 60, Mandalay
Subdivision at 944 Mandalay Avenue. The house, built in 1940, encroaches 2.5.feet into
the easement. Public utility do not object to the requested encroachment. City
departments have no objections.
Commissioner Clark moved to approve the applicants' request to vacate the easterly
2.5-feet of the 5-foot utility easement lying along the West side of Lot 14, Block 60,
Mandalay Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6193-97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6193-97 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 #S' ~ Public Hearina & First Readino Ords. #6199~97 & #6200.97 - Annexation & RS~
1 Zoning for property located at 2301 Campbell Rd., Sec. 6-29-16, M&B's 34.01 &
34.011 (Judith Coachman, Paul & Carolyn Young, A97.10)
The applicant has requested a continuation.
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Commissioner Hooper moved to continue Item #9. The motion was duly seconded
and carried unanimously.
ITEM #10 - Public Hearina & First Readina Ords. #6201-97 & #6202-97 - Annexation &
RS-8 Zoning for property located at 1487 Otten St., Terra Alto Subdivision Estates, Lot 2
(Brenda Evans, A97-11)
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The applicant has requested annexation and proposed zoning of Single-Family
Residential "Eight" for 1487 Otten Street to obtain trash pickup. The applicant currently
receives and is billed for City Water and Sewer services. There is no evidence the City
ever approved the connection or any indication that former owners entered into an
Agreement to Annex this property with the City. According to Utilities Department
records, previous residents received City Water and Sewer services since 1988. The
applicant began payment for these services on August 15, 1997. The Engineering
Department will conduct further investigation at this site to determine if other buildings
receive services without City approval. Staff will report to the City Commission when the
investigation is complete. On October 7, 1997, the Planning & Zoning Board unanimously
endorsed the request.
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Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single~Family Residential "Eight" (RS-B) for Lot 2, Terra Alto
Subdivision. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance #6201 ~97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6201 ~97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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The City Attorney presented Ordinance #6202-97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6202-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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ITEM #11 - Public Hearina - Res. #97-67 - Designating a Brownfield Area within the City
for purpose of environmental rehabilitation and economic development (eM)
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During the 1997 session, the Florida Legislature passed the i/Brownfields
Redevelopment Act," defining Brownfields areas as contiguous to one or more brownfields
sites, some of which may be contaminated, and which have been designated by local
government. According to Section 376.80(1) Florida Statutes, a local government with
jurisdiction must notify the department of its decision to designate a brownfields area for
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the rehabilitation purposes of 55.376.77-376.84. The notification must include a resolution
by the local government body.
The proposed designation of this Brownfields area is intended to: 1) designate th~
Federal Brownfields Pilot Area as the State Brownfields Area; 2) provide a concentrated
area for the assessment and remediation of contaminated sites; 3) provide an area eligible
for Federal, State, and local incentives to stimulate redevelopment of contaminated sites:
4) provide incentives to stimulate job creation and employment opportunities for
Brovvnfields area citizens; and 5) removed blighted areas.
Commissioner Johnson moved to create a State designated Brownfields Area to
stimulate environmental rehabilitation and economic development in the area also
designated as the USEPA (U.S. Environmental Protection Agency) 8rownfields Economic
Redevelopment Initiative Pilot Area. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #97-57 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #97-57 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.
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"Nays": None.
ITEM #12 - Public Hearinq & First Readinq Ord. #6204-97 - Creating Sees. 2.241-2.246
establishing a Brownfields Advisory Board, amending Sec. 2.063 to exempt certain
members from residency requirements therein (eM)
Florida Statutes Section 376.80(4) requires the City to establish an advisory
committee to improve public participation and receive public comments on the rehabilitation
and redevelopment of the Brownfields Area future land use, local employment
opportunities, community safety, and environmental justice. The Clearwater Brownfields
Advisory Board must review and provide recommendations to the City Commission
regarding site rehabilitation agreements. The board shall consist of 9 members approved
by the City Commission: 1) 3 residents within or adjacent to the Brownfields area; 2) 3
owners of businesses operating in subject area ~ City residency not required; and 3) 3
representatives of Federal or State agencies or local governments involved with
Brownfields remediation processes in Pinellas County - City residency not required. This
board also will implement the public participation elements outlined in the Federal
Brownfields Economic Redevelopment Initiative Work Plan.
Commissioner Johnson moved to establish a Clearwater Brownfields Advisory Board
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
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The City Attorney presented Ordinance #6204-97 for first reading and read it by
title only. Commission'er Seel moved to pa:;s Ordinance #6204-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The Mayor invited those interested in board participation contact the City.
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ITEM #13 - Public Hearino - determine vvhether a public nuisance exists on the followinq
prooertv. 1970 Rainbow Drive (Viorel Caba)(CRT)
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The City Attorney said at this Public Hearing, the City Commission is to determine if
a public nuisance exists at 1 970 Rainbow Drive. She reviewed procedures for a quasi-
judicial hearing. She reported Exhibit #1 is a package of documents related to this case,
including the City Attorney's memorandum to the City Manager, a chronology of actions
and inspections, Police Department reports, CRT (Community Response Team) and Central
Permitting documents, memorandums, etc.
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Special Assistant to the City Manager Lieutenant Jeffrey Kronschnabl said problems
with the subject property have a lengthy history. The property's distressed condition has
caused neighborhood property values to depreciate. For more than 3 years, staff has tried
working with the owner through education, persuasion, negotiation, etc. All efforts have
failed and property violations and concerns continue, including sanitary odor, abandoned
vehicles, and rubbish.
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Code Enforcement Inspector Janice King distributed photographs of the property (Exhibit
#2). She said the property owner, Viorel Caba, has abused the system and delayed
corrective actions through multiple appeals to the municipal court since she first posted the
property in 1993 for inoperative vehicles. Some vehicles on the property currently are not
tagged. She said photographs of the yard reveal a massive accumulation of junk, including
washers, dryers, bicycles, furniture, exercise equipment, auto parts, mattresses, etc. The
property has not had water service for almost 2 years nor sewer service since September
1996. Mr. Caba owes more than $6,000 in overdue fees to the Utility Department.
Previous problems include the attempt to bypass the City's cap on the sewer pipe at the
street. Ms. King reported a deep trench was dug on the subject property several feet from
the property line, ostensibly to put in a plant. During that process, the sewer pipe was
gashed and raw sewage spilled into the yard. She said the house is uninhabitable and the
odor is intolerable. Ms. King reviewed the photographs in the exhibit. A large hole is
evident in the screen enclosure around the swimming pool which is filled with dirty,
untreated water.
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The City Attorney stated Mr. Caba did not necessarily need $6,000 to reconnect her
services. Under court order, Mr. Caba paid the City $400 and staff reconnected the water.
Leaks were so severe that a month's worth of water was metered within minutes. Staff
disconnected the water. After he repairs his pipes, Mr. Caba can return to the Bankruptcy
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Court to address this Issue. The City Attorney said the overdue fee is irrelevant to this
discussion.
Kenneth Horn, Debbie Horn, John Grogan, and Pat Grogan said conditions on the
subject property have deteriorated and driven down property values, making it impossible
to sell nearby homes. Families cannot spend time nor entertain in their backyards or
swimming pools due to the view of the subject property and the emanating odor. Due to
overgrowth, concern was expressed rats and snakes will continue to breed. It was stated
the property owner holds excessive garage sales. The condition of the subject property
reflects poorly on the City. Standing water in the swimming pool is dangerous.
Ms. King said nearby are losing their patience. Her many visits with Mr. Caba to
discuss the situation were to no avail. Several untagged vehicles are regularly on the
property. In 1993, Ms. King advised Mr. Caba he could not sell automobiles from nor store
them on his property. She said after she posted a vehicle or trailer, Mr. Caba often traded
tags with registered vehicles without DMV (Department of Vehicle) authorization.
Neighbors regularly complain to the City regarding the property's unhealthy condition and
have reported subject property residents obtain water from the nearby church and gasoline
station and dump their trash there. Lt. Kronschnabl indicated the City has worked with a
number of Federal, State, and local agencies to resolve this problem.
Mr. Caba said he had submitted photographs of his property as evidence to the
court regarding tag issues. He said he had never tried to reconnect with City water or
bypass a cap to the City's sewer system. He said the hole in the sewer pipe was small
and nothing had flowed from it. He reviewed Exhibit 2 and verified photographs of the
property. He said garbage pictured in the back of the vehicle was removed. He did not
know how much debris remains in the yard. He said most of those items belong to his
roommate.
Concern was expressed the pool's condition encourages mosquitoes to breed, a
dangerous situation considering local encephalitis alerts. Ms. King testified all photographs
In composite Exhibit 2 were taken this morning, although the camera misprinted the last
pictures with the date, January 1, 1994. She stated the City had capped the sewer pipe
visible in one picture. She testified she had witnessed sewage leaking from the pipe into
the subject yard. The trench currently is dry and filled with loose dirt. Mr. Caba said the
City could not prove he had done anything to the pipe. He said he has obeyed the City
order not to touch it.
Mr. Caba said he paid his water and sewer bill regularly until November 1995. Until
then, the City was estimating his bill. After a leak was discovered, the City billed him more
than $1,900. He said the City had not honored its promise to reduce the sewer portion of
that bill due to the leak. At that time, he could not afford to pay the bill. He said he had
paid the City $400 to have his water reconnected but was not present when staff arrived.
When he arrived home, the water was off. He said the leak was from the shower in the
garago. Mr. Cabo complained the City also had charged him $800 to cap his sewer. He
said his request for the applicable Work Order was not honored. He questioned how his bill
had Increased to more than $6,300. He said he has tried hard to work with staff. He said
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after the garage leak was repaired, he offered to pay the City another $400 to reconnect
the water, but staff refused.
Mr. Caba said numerous violations exist within 5 blocks of his house. The City
Attorney indicated that issue is not relevant to this case. Mr. Caba complained he had
been fined for parking a truck in front of his house beyond the 24-hour limit. He also was
fined for an untagged boat trailer in his yard. He noted the court had dismissed 3 of 5
tickets he had received.
In response to a question, Mr. Caba said he had been away from his house for
several days and was not certain the photographs accurately depicted items currently in his
yard. He said some items were from the garage which his roommate had cleaned out last
weekend. Mr. Caba said he would tell his roommate to remove the items and store them
elsewhere. He said he wanted to find out how to have his water and sewer service
reconnected. He said he could not backwash and clean his pool without water.
Concern was expressed Mr. Caba disregards laws and ignores citations. In response
to a question, Mr. Caba said currently, 3 people live in the house. In response to a
question, he said he is rarely home but when he is, he uses the bathroom at the gasoline
station on the corner or visits friends' homes. He said he does not use water and does not
take any from the nearby gasoline station or church. He knew of no one from his house
who uses the church's facilities or dumpster. He has lived in his house almost 5 years.
Concern was expressed regarding living conditions in the house. Mr. Caba said he could
not pay the water and sewer bill all at once. In response to a question, he indicated his
(, house has electricity. It was noted water is not required to remove debris or title cars.
In response to a question, Ms. King said the truck, boat trailer, and Suzuki vehicle
featured in the photographs do not have valid tags.
Mr. Caba said he had purchased the truck from a dealer but had not received the
necessary paperwork to obtain a tag. He planned to transfer a tag to the Suzuki vehicle
within days. In response to a question, Ms. King said she did not have a break down of
Mr. Caba's fines, penalties, and bills. Mr. Caba questioned why his bill is now $4,000
more than his original water and sewer charge. The City Attorney said the amount of the
bill is not relevant to this case. The City Attorney said Mr. Caba is free to petition the
court for another opportunity to have his utility service reconnected without paying his bill.
Mr. Caba said he can have the back yard cleaned and Suzuki vehicle tagged by
October 24, 1 997. If he cannot obtain a tag for the large white truck, he said he would
have it removed. Ms. King said Mr. Caba has been making and breaking promises since
1993. Lt. Kronschnabl agreed Mr. Caba has a history of failing to fulfill promises. He'
recommended the Commission determine a public nuisance exists at this property. Ms.
King reported an order had been issued by the Health Department determining the property
to be a health hazard. Mr. Caba felt he deserved a week to clean up his property. He
promised to remove all untagged vehicles.
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Commissioner Seel moved to direct the City Attorney to file a complaint in Circuit
Court for the abatement of a public nuisance at 1970 Rainbow Drive. The motion was duly
seconded and carried unanimously.
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Based on the property owner's past conduct and the continuing deplorable
conditions at the property, it was stated code sections addressing this subject support a
determination that a nuisance to the public exists. The neighbors were commended for
their patience. It was felt the property owner has exhibited a total disregard for health
codes and public safety.
The City Attorney said it would take approximately 1 week to file the complaint.
Staff will move forward with this case as soon as possible.
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In response to a question, Ms. King said the Health Department h!:l.IJ pc:::ted the
property as uninhabitable. The City Attorney said Mr. Caba is due to appear in court
regarding that citation. It was questioned if this issue can be expedited due to the existing
public health hazard. Assistant City Attorney Leslie Dougall-Sides said the subject property
has 2 outstanding citations in County Court based on habitation without sewer or water.
The City has found issuing citations to this property owner is not effective as all action is
stopped once fines are paid. She noted enforcement difficulties are due to State
homestead laws. Staff has determined the proposed action is the most effective method
to bring the property into compliance. It was felt a more expeditious method to address
conditions such as these should be developed. Staff was thanl<ed for their continued work
on this case.
Public Hearina - Second Readina Ordinances
ITEM # 14 - Ord. #6179-97 - Relating to Flood Damage Prevention Regulations; amending
Sec. 51.03, revising definition of substantial improvement
The City Attorney presented Ordinance #6179-97 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #61 79-97 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 #15 - Ord. #6192-97 - Vacating 15' utility easement lying between Lots 16-23, Blk
B, Clearwater Beach Park 1 st Addition and Lots 12-15, Blk A, Clearwater Beach Park 1 st
Addition Replat (Heilman's Restaurant Inc. 1 Heilman Family Ltd. Partnership, V97-15)
The City Attorney presented Ordinance #6192-97 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #61 92-97 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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"A.ye~": John~on~ Clark~ Hooper. Seel and Garvey.
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #16 - Ord. #6194-97 - Relating to Environmental Advisory Board~ amending Sec.
2.160, relating to members
The City Attorney presented Ordinance #6194-97 for second reading and read it by
title only. She indicated this ordinance does not change the quorum requirement. An
ordinance to reduce the quorum to 3 will be brought forward. In response to a question,
she said ordinances for most boards do not specify a number.
Commissioner Clark moved to pass and adopt Ordinance 1/6194-97 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Nays": None.
ITEM #17 - Ord. #6195-97 - Relating to Library Board~ amending Sec. 2.192, relating to
members' , .
,0
The City Attorney presented Ordinance #6195-97 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6195-97 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, See I and Garvey.
"Nays": None.
ITEM #18 - Ord. #6196-97 - Creating Sec. 30.054 imposing certain parking restrictions
within street r-o-w in residential areas, and providing exceptions; creating Sec. 30.055
defining "Inoperative vehicle" and prohibiting the keeping, storing, parking, or allowing to
remain on public property of inoperative vehicles for longer than 24 hours~ creating Sec.
30.056 prohibiting the parking of vehicles upon public property or street r-o-w for the
purpose of displaying for sale; creating Sec. 30.057 providing for enforcement of Sees.
30.054-30.056; renumbering Sees. 30.054 through 30.057 as Sees. 30.058 through
30.061
The City Attorney presented Ordinance #6196-97 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6196-97 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesll: Johnson, Clark, Hooper, Seel and Garvey.
UNays": None.
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ITEM #19 - Ord. #6197-97 - Amending Sec. 20.35 to require certain maintenance of the
sidewalk portion of r-o-w by adjacent property owners
The City Attorney presented Ordinance #6197-97 for second reading. She said the
CRT had expressed concern many attractive hedges in the City would not comply with the
ordinance's 2-foot setback requirement. In response to a question, Engineering Director
Rich Baler stated another ordinance establishes site distance requirements. He expressed
concern another section of the code requires landscaping in front of fencing. It would be
difficult to require this foliage to comply with the proposed setback. He recommended the
language be flexible and allow case by case determinations. Concern was expressed
bushes overhang sidewalks and block pedestrians in many locations. Mr. Baier said his
department and the CRT are working together on this issue. It was felt children need
unobstructed sidewalks. The City Attorney suggested the Commission may want to
reconsider this issue to harmonize all sections of code. She recommended staff review
other code sections and bring back this item.
Commissioner Clark moved to continue Item # 1 9 to Novembe'r 6, 1 997. The motion
was duly seconded and carried unanimously.
ITEM #20 - Ord. #6198-97 - Amending Sec. 28.10 to omit certain signage and placement
requirements for newsracks, to provide for location determination by the City Engineer, and
amending notice requirements
The City Attorney presented an amendment to Ordinance #6198-97.
Commissioner Hooper moved to amend Ordinance #6198-97 Section 28.1 O(3)(d) as
follows: Where a newsrack is located on a parkway, the City Engineer shall review the
ground slope and surface character of the proposed location and the physical structure of
the newsrack. The City Engineer shall require measures necessary to assure that the
news rack remains upright, secure, and in place. The City Engineer may require that the
newsrack be placed upon a wire-reinforced concrete pad, 4-inches thick or greater, of
sufficient size to support the base of the newsrack, or other reasonable alternative
measures suggested by the distributor. A newsrack shall not be anchored to such concrete
pad. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6198-97, as amended, for second reading
and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance
#6198-97 as amended 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.
The meeting recessed from 7:46 to 8:03 p.m.
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #21 ~34) - Approved as submitted, less Item #23.
ITEM #21 - Aoorove 10-vear EMS (Emergencv Medical Services) First Responder
Aareement with Pinellas County Emergency Medical Services Authority (FO)
ITEM #22 - Purchase one 1997 Elgin Eagle Series F Mechanical Street Sweeper, Vantage
Equipment, $1 21,720; funding to be provided under City's master lease-purchase
agreement in the amount of $1 21,720 (GS)
ITEM #23 - See Paae 1 2.
ITEM #24 ~ Authorize Citv to award a contract to Ervin's All American Youth Club. Inc. to
sell surplus gym equipment (HU)
ITEM #25 - Aareement with Clearwater Bav Marina. Inc.. 12/01/97 ~12/01/02, for
collection of daily launch fees at Seminole Launching Ramps, for 25 % of daily fees
collected (MR)
ITEM #26 - Clearwater Police Supplementarv Pension Plan Board of Trustees - Reappoint
William Schwob (PO)
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ITEM #27 - Contract for 1997 Storm Sliplinlna Repair Proiect, Suncoast Excavating &
Utilities, Inc., $489,917, and approve $48,991.70 for 10% contingency fee (EN)
ITEM #28 ~ Second Amendment to lease aareement dated 02/22/96 with Dimmitt Car
leasing, Inc., extending term to 01/31/98, renewable monthly thereafter at City option,
Magnolia Park Sub., Blk 1, for MSB/PS temporary parking facilities (EN)
ITEM #29 - Contract throuah purchase order for removal of Brazilian Pepper along
Stevenson's Creek, between Betty Lane &>Alt. US19, to Stan Cisilski, Inc., for $45,000
(EN)
ITEM #30 - Fourth Amendment to lease aoreement dated 1 2102/94 with Times Publishing
Company, extending term to 01/31/98, renewable monthly thereafter at City option,
Magnolia Park Sub., Blk 8, for MSB/PS temporary parking facilities (EN)
ITEM #31 - (Cont'd 10102/97l Authorize Citv Attornev to execute a contract with Siemon,
Larsen & Marsh to prepare a comprehensive revision to the City land Development Code
for $234,450 (CP)
ITEM #32 - Approve rankinQ: 1) Malcolm Pirnie, Inc., 2) IT Corp., 3) Dames & Moore, 4)
PBS&J, 5) Westinghouse Remediation Services, Inc., and 6) Geraghty & Miller, Inc., to
provide environmental audit, risk assessment & remedial services for the Clearwator
Brownfields Area; and authorize negotiation with each (eM)
()
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ITEM #33 - ADorove the State Brownfields RedeveloDment Work Plan and recommended
. use of Brownfields Redevelooment Grant Fundinq (CM)
ITEM #34 - Authorization to settle Stathis vs. Citv. et al. (CA)
In response to a question regarding Item #24, Deputy City Manager Kathy Rice said
Ervin's All-American Youth Club, Inc. had indicated they will accept the gym equipment.
Commissioner Hooper moved to approve the Consent Agenda as submitted less
Item #23 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #23 - Increase unleaded fuel contract with Louis Drevfus Enerqv Corooration by
estimated $37,500, for new total $137,500 (GS)
Due to recent fuel price increases and expanded use of City fuel sites by the Public
Services, Solid Waste, and Fire departments, the amount of fuel contracted from Louis
Dreyfus Energy Corporation soon will be exhausted. Departments using City fuel sites find
them more convenient 'than Voyager Fleet System vendors. The current Dreyfus contract
expires in December 1997. Assuming no dramatic fuel price increases occur, the amount
due Voyager Fleet Systems should be reduced.
(~
In response to a question, General Services Director Bill Baird said the net cost for
gasoline fill-ups at Voyager Fleet Systems vendors and City fuel sites differs. Voyager
Fleet Systems service is more expensive but affiliated gasoline stations offer service
throughout the City. Staff has determined it is less expensive for City vehicles to use
Voyager Fleet Systems if filling-up at a City fuel site would require more than 13 minutes.
Congestion and delays would occur if all City vehicles filled-up at City fuel sites. In
response to a question, Mr. Baird said including the new City fuel site's construction and
maintenance expenses would increase City site per gallon rates by $0.36 for one year. The
Police Department is a major user of the Voyager Fleet System. Affiliated gasoline stations
represent different fuel companies and vendors. It was noted gasoline use from City fuel
sites has increased. In response to a question, Mr. Baird said the City's contract with
Voyager Fleet Systems requires no minimum purchase. The City pays for this service
based on use.
Commissioner Clark moved to increase the unleaded fuel contract with Louis
Dreyfus Energy Corporation, Atlanta, GA, by an estimated $37,500 for a total contract of
$137,500, 'and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
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OTHER ITEMS ON CITY MANAGER REPORT
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ITEM #35 - AQreement with National Develooment Council (NOCI , $40,500 which includes
City's investment of $100,000 into the Grow Clearwater Fund; and declare surplus
property and authorize sale to NDC of a $45,000 COSG financed economic development
loan (HU)
The NDC (National Development Council), a national non-profit organization,
provides housing, community, and economic development services to more than 200
American communities. Through their Grow America Fund and Housing and Economic
Development Corporation, NDC provides low cost financing for business and housing
development in participating communi~ies. For the City to participate, CHUD (Clearwater
Department of Housing and Urban Development) requests the Commission: 1) authorize to
declare $45,000 in economic development loans, funded through the COSG (Community
Development Block Grant) program, as surplus; 2) authorize selling these loans to NDC
with proceeds paying NDC's $40,500 annual contract fee; and 3) authorize $100,000
investment from unreserved fund balance in the Rehabilitation Loan Non-Expendable Trust
Fund in the Grow Clearwater Fund. NDe will match the City's $100,000 investment. This
investment will enable the City to finance up to $1-milllon in small business loans
guaranteed through the SBA (Small Business Administrationl 7-A Program.
(::)
The NDC contract permits the City to issue USHUD (U.S. Department of Housing
and Urban Development) Section 203(k) insure mortgages. The Section 203(k) program
provides home-ownership opportunities for eligible people to purchase and renovate
existing housing units with one mortgage. Conventional lending programs require the
renovation of housing units with minor or major deficiencies prior to receiving a mortgage.
NDC also will provide training in financing related to principles, development structuring,
affordable housing, and other programs.
CHUO (Clearwater Department of Housing and Urban Development) Director Alan
Ferri said the NDC is active in more than 200 American communities. The council, founded
in 1970, provides progressive financing. The proposed one-year contract will provide the
City with technical support in the development of loans. The NDC plans to refinance the
proffered City loans for longer terms. Part of the contract provides the City with a
$100,000 match from the NDC's Grow America fund to be used for SBA guaranteed loans
for businesses which meet the underwriting criteria. Direct underwriting access wi11 allow
the City to expand its home buyer opportunities by offering loans at competitive rates.
George Staff, Director with NDC, lives in Pinellas County. He reviewed the history
of the NDC, and stated the national non-profit organization provides financial advice
services to municipal and county governments. The program is not affiliated with the
Federal Government. The program, begun to address minority banking issues, has
expanded with new program capacities to address not-for-profit housing organizations.
Commissioner Clark moved to approve a one-year contract for professional services
'with NDC in the amount of $40,500, authorize the City to invest $100,000 in the Grow
Clearwater Fund, declare $45,000 in Economic Development Loans funded by the
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Community Development Block Grant Program as surplus property, and authorize the sale
of the loans to NDC for payment of annual contract fee and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #36 ~ Confirm co-sponsorship & waiver of City fees for special events including Jazz
Holiday, Fun 'n Sun, Fourth of July, Family Holiday Traditions & Parade, Turkey Trot, North
Greenwood Street Festival, Martin Luther King Jr. Parade, Memorial Day, Clearwater Pass
Bridge Run, Saturday in the City, and 1 new event, Military Appreciation Day, est. total
$188,396 ($69,720 cash contributions & $118,676 in-kind contributions); and authorize
event sponsors to approve vendors (PR)
This item responds to the City Commission policy regarding special events. Should
additional money be requested beyond "cash" contributions approved in the budget,
Commission approval will be requested. As specific costs are not known until after events
occur, "in-kind" contributions are estimates. The City's FY 1997/98 operating budget
includes a $69,720 cash contribution under "non-departmental expenses." The operating
budgets of various departments include in-kind contributions such as police officers, park
employees, electricians, etc.
()
Budgeted contributions for City sponsored and co-sponsored events for FY
1997/98:'1) Fun'n Sun - $34,720 cash /$14,319 in~kind; 21 Fourth of July - $10,000
cash/$31 ,920 in-kind; 3) Jazz Holiday - $25,000 cash/$31 ,305 in-kind; 3) Jazz Holiday -
$25,000 cash/$31 ,305 in-kind; 41 Family Holiday Traditions and Parade - $8,827 in-kind;
5) Turkey Trot - $7,199 in-kind; 6) North Greenwood Street Festival - $1 ,676 in~kind; 7)
Martin Luther King Jr. Parade - $4,540 in-kind; 8) Saturday in the City ~ $1,164 in-kind; 9)
Memorial Day Event ~ $5,370 in-kind; 10) Clearwater Pass Bridge Run - $3,606 in-kind; and
11) Military Appreciation Day - $ 8,750 in-kind.
It was recommended funding for Jazz Holiday be reduced and redistributed to
Saturday in the City and Military Appreciation Day. Tourism Development Director Jean
Sherry said MacDiII Air Force Base personnel have been enthusiastic about helping plan the
military event. She said this is the first celebration of its kind. Events, beginning early on
November 8, 1997, will Include a fly in ceremony, 5K run, military vehicle motorcade,
water show, 2 parachute jump teams, air rescue demonstration, wreath laying ceremony,
"USO" show, etc. The projected shortfall is estimated at $46,000. It was suggested
private sponsors may be interested in donating to the event. In response to a question,
Ms. Sherry said the City will cover most of the shortfall. She exhibited a discount coupon
booklet developed for the event by area businesses and attractions. Booklets will be
distributed at local military bases and at the Welcome Center.
In response to a question, the City Manager indicated $25,000 in funding for Jazz
Holiday has already been budgeted. It was recommended the event be reviewed to
determine the level of revenues generated from the sale of alcoholic beverages. Concern
was expressed several years ago, Jazz Holiday had requested a funding increase to
$25,000 because they could not sell alcoholic beverages. It was felt since the sale of
alcoholic beverages is now allowed, City funding of Jazz Holiday should be reduced. It
was agreed this issue would be reviewed.
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mcc10b97
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Commissioner Hooper moved to continue Item #37 to November 6, 1997. The
motion was duly seconded and carried unanimously.
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~ Commissioner Clark moved to confirm co-sponsor:lhip and waiver of City fees for
special events including Jazz Holiday, Fun 'n Sun, Fourth of July, Family Holiday Traditions
and Parade, Turkey Trot, North Greenwood Street Festival; Martin Luther King Jr. Parade,
Memorial Day, Clearwater Pass Bridge Run, Saturday in the City, and one new event, the
Military Appreciation Day, at an estimated total cost of $188,396 with $69,720 in cash
contributions and $118,676 in in-kind contributions and authorize event sponsors to
approve vendors and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM #37 - ADorove C.O.#1 for active remediation of former City Hall Annex /
Montgomery Wards Site to Post, Buckley, Schuh & Jernigan, Inc., increasing amount by
$282,450 for new total $442,240; and approve 30 day time extension (EN)
The City Manager requested continuing this item. Staff has received additional
information which raise questions regarding possible alternatives. An update will be
provided at the next meeting.
ITEM #38. Other PendinQ Matters - None.
(::;)
CITY A TIORNEY REPORTS
ITEM #39 - Resolutions
a) Res. #97-56 - Assessing property owners the costs of having mowed or cleared owners'
lots
The City Attorney presented Resolution #97-56 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #97-56 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 - First ReadinQs
a) Ord. #6206-97 - Relating to special events, repealing Sec. 6.30 to delete provision
requiring city commission authorization for sale of alcoholic beverages
The City Attorney presented Ordinance #6206~97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #620.6.97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Nays": None.
ITEM #41 - Other Citv Attornev Items
In her October 14, 1997, memorandum, the City Attorney indicated former
Clearwater Police Officer John Smith was named and served in the case, Wieslaw
Skowronek versus the City of Clearwater and John Smith. Pursuant to Clearwater Code of
Ordinances Sections 2.031 through 2.035, Mr. Smith is entitled to representation by the
City in the lawsuit. The office of the City Attorney can provide this representation unless
the Commission determines City Attorney representation is inappropriate or that a conflict
of interest exists. During the City's extensive legal history with former Officer Smith, the
Legal Department has represented and advised the Police Department in disciplinary action,
including terminations of Smith. The City Attorney recommended providing outside
counsel for Mr. Smith based on conflict of interest. She has contacted 3 qualified private
attorneys who are willing to undertake the representation at a reasonable rate. She
recommended allowing Mr. Smith to choose his counsel from these 3 attorneys,
The City Attorney reviewed the City's requirement to provide counsel for the initial
defense of staff sued as result of a work incident. The City Attorney said the ordinance
provides strong employee protections. If the defendant is judged to have acted with
malice, the City is not responsible for providing further counsel. If the defendant appeals
the decision and wins, the City may have to pay attorney fees.
Commissioner Johnson moved to approve outside counsel for John Smith, a former
Police Officer with the Clearwater Police Department, in the lawsuit, Wieslaw Skowronek
versus the City of Clearwater and John Smith, due to a conflict of interest. The motion
was duly seconded and carried unanimously.
ITEM #42 - City ManaCler Verbal Reoorts
The City Manager requested a meeting be scheduled for November 6, 1997, from
9:00 to 11 :00 a.m. at the C-View studios to determine criteria for prioritization of Penny
for Pinellas projects. Consensus was to schedule.
ITEM #43 - Commission Discussion Items
a) City Attorney evaluation
AND
b) City Manager evaluation
The City Charter requires the City Commission each October to evaluate publicly the
City Manager and City Attorney. The process is beginning. The City Manager and City
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Attorney will submit self assessments to the City Commission and schedule individual
interviews with each Commissioner. The Commissioners will present their findings at the
November 6, 1997, meeting.
Commissioner Johnson moved to continue Item #43a and #43b to November 6,
1997.
c) Resolution supporting Annexation Legislation
, The City Manager said Resolution #97-58 supports legislation that would permit the
annexation of enclaves smaller than 3 acres and require the discontinuation of septic tanks
by a date certain. The City will agree to pay 50% of resulting impact fees. Other local
municipalities have been asked to pass similar resolutions. The City Attorney indicated this
resolution is the first local one prepared. The City Manager said the City of Dunedin
supports this legislation. He has further discussions planned with the City of Largo.
Senator Jack Latvala was thanked for his support of this issue. It was reported the
majority of PPC IPinellas Planning Council) members and many Pine lias County cities also
support legislation to allow annexation of enclaves smaller than 3 acres.
The City Attorney presented Resolution #97-58and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #97-58 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
(~
II Ayesll: Johnson, Clark, Hooper, See I and Garvey.
"Naystt: None.
The City Manager reported the City is scheduled to appear on the October 27,
1997, legislative dp,legation agenda. Staff will present this resolution.
The City Attorney reviewed her October 10, 1 997, memorandum regarding
annexation and creation of enclaves. State law dealing with voluntary annexation and
prohibiting the creation of enclaves became effective in 1974, without language defining
"enclave." In 1993, the statute was amended to define enclave as unincorporated land
enclosed with and bounded on all sides by a single municipality. The legislation prohibited
unincorporated territory within a municipality.
d) Mayor's Trip to 1 998 Winter Olympics in Nagano
In her October 10, 1997, memorandum regarding the Winter Olympics in Nagano,
Japan, the Mayor reviewed plans for the Clearwater/Nagano Sister City Hospitality Center
showcasing the environment, tourism, and economic development opportunities in the
City, Tampa Bay, and Florida. The Center will be open from January 31 to February 22,
1998, and will be staffed by trained City volunteers. The Mayor will spend time at the
exhibit on a daily basis if not at other special or media events. She requested funding for
her travel expenses as a representative of the City during the 3 weeks the Hospitality
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Center is open. By invitation of Nagano City Mayor Tasuku Tsukada, the Mayor will
represent Clearwater at the formal opening ceremonies of the Winter Olympics. The City
Manager said sufficient funds are available. Commissioner See I said she raised a question
regarding the funding at Monday's Work Session due to her concern the expenses had not
been budgeted.
,Commissioner Johnson moved to approve funding for the Mayor's travel expenses
to represent the City at the 1998 Winter Olympics in Nagano, Japan. The motion was duly
seconded. Commissioners Johnson, Clark, Hooper, and Seel voted "Aye"; the Mayor
abstained. Motion carried.
ITEM #44 - Other Commission Action
Commissioner Seel thanked staff for the report on local option taxes collected on
behalf of the Pinel/as County CVB (Convention and Visitors Bureau). August figures reflect
Clearwater collected 36% of eVB's total taxes. Clearwater's tourism increased 16% from
August 1996 to August 1997. As the City pays 1/3 of the County's tourist development
taxes, she stated the CVB should provide more coverage of Clearwater's tourist related
businesses. Commissioner Seel requested background information regarding St. Pete
Beach's 102% increase in tourism for the month of August. Staff will respond.
Commissioner Seel suggested Pinellas-Anclote River Basin Board funds may be
available to purchase the Bayview Mobile Home Park property for a park.
(:J
Commissioner Johnson thanked the Public Services Department for sweeping up
broken glass on Yelvington Avenue.
Commissioner Clark invited people to attend the City's annual Jazz Holiday running
tonight through Sunday.
Commissioner Hooper said Parks & Recreation Director Ream Wilson was too
modest on Monday when he accepted his award for 30 years of service with the City. Mr.
Wilson has announced his retirement. Commissioner Hooper thanked him for his many
contributions to Clearwater.
Commissioner Clark reported he has been asked to represont the PST A (Pinellas
Suncoast Transit Authority) on the MPO (Metropolitan Planning Organization). The MPO's
attorney had opined Commissioner Clark could not represent both the PST A and City on
the MPO. Commissioner Clark suggested he resign his seat on the MPO as a
representative of the City and serve instead as a representative for the PST A.
Commissioner Seel indicated her interest in serving on the MPO as a representative of the
City. The importance of planning for future mass transit needs was noted.
Mavor Garvey invited people to attend the weekly downtown Farmers Market at
Station Square Park on Saturdays between 8:00 a.m. and 1 :00 p.m. She also noted the
Jazz Holiday had begun.
()
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ITEM #45 - Adjournment
The meeting adjourned at 8:56 p.m.
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mcc 1 Db97
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10/16/97
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