04/03/1997 (2)
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COMMISSION
City Commission Minutes,
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CITY COMMISSION MEETING
CITY OF CLEARWATER
April3t 1997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
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 6:00 p.m. at the County Assembly Room. The
invocation was offered by Pastor David Smith of Faith United Church of Christ. The Mayor led
the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards
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Proclamations:
Library Week - April 13 - 19t 1997
Childrents Day - April 9, 1997
ITEM #5 - Presentations - None.
ITEM #6 - Approval of Minutes
Commissioner Seel moved to approve the minutes of the regular meeting of March 20,
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 Aoenda
Jav Keves, representing the Clearwater Beach Association, requested fine related signs
be replaced at crosswalks on Clearwater beach. Engineering Director Rich Baier said the signs
were part of an experimental pilot program with the Federal Highway Administration. The
program was not approved and the signs were ordered down. Staff can look at additional ways
to control speeding.
PUBLIC HEARINGS
ITEM #8 - Public HearinQ & First Readino Ord. #6140-97 - Vacating 42' railroad easement,
43.45' railroad easement and 5' drainage & utility easement bordering said railroad easement
lying in Clearwater Industrial Park and Clearwater Industrial Park Replat between Hercules Ave.
& Belcher Rd. (Simpson & McCracken, V97 -01)
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The request is to vacate the entire 42-foot railroad easement, and the 5-foot drainage
and utility easements lying each side of the 42-foot railroad easement and a 43.45-foot railroad
easement in Clearwater Industrial Park as recorded in Plat Book 44, Page 46, and Clearwater
Industrial Park Replat as recorded in Plat Book 71, Page 91 both of the Public Records of
Pinellas County, Florida.
The applicant's interest lies within a portion of Lot 10 of Clearwater Industrial Park and a
portion of Lot 2 of the Replat. The vacation of the railroad easement on this property will affect
all property owners West of the properly. The Engineering Department included the whole
railroad easement in this request to obtain citizen input at this Public Hearing.
As developer of this subdivision, the City platted the railroad easements and drainage
and utility easements for the possible construction of a railroad spur. With much of the
subdivision developed, it appears the railroad spur is not needed or feasible to install. CSX
railroad has provided a letter of no objection to the vacation of the easements.
Pinellas County Utilities, Florida Power, GTE Video, and Time Warner have no
objections. GTE has no objection provided easements are retained over their existing facilities.
Portions of the easements to be vacated are not incorporated into the City limits. Pinel1as
County Public Works has provided a letter of no objection for these areas.
Various City departments/divisions concerned with easement vacation requests have
reviewed this petition. Engineering Services has no objection provided drainage and utility
easements are retained over existing City and GTE facilities. Other City departments have no
objections. The City Engineer recommends approval of this request.
Commissioner Clark moved to approve the request to vacate the 42-foot railroad
easement and the 5-foot drainage and utility easements lying each side of the 42-foot railroad
easement and 43.45-foot railroad easement in Clearwater Industrial Park and Clearwater
Industrial Park Replat subject to the City retaining drainage and utility easements as required by
the City Engineer and General Telephone. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6140-97 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance #6140-97 on first reading. The motion
was duly seconded and upon roll calt, the vote was:
"Ayes"; Johnson, Clark, Hooper, Seel and Garvey.
"Nays"; None.
ITEM #9 - Variance(s) to Sian Reaulations for property located at 923 McMullen Booth Rd.,
Sec. 9-29-16, M&B 31.01 together with DelOra Gardens, Lots 33-36, 44-46,51 and part of 52
(Kapok Pavilion, Inc., SV96-26)
This variance application was continued on November 7, 1996. Pursuant to
Commission direction, the applicant has worked with staff and has reduced the variances
requested. The property, on the East side of McMullen-Booth Road, is North of San Bernadino
Street and is zoned General Commercial. The applicant requests variances: 1) a 3D-square
foot area variance from the permitted 64-square feet to allow a 94-square foot freestanding sign
and 2) a 3-foot height variance to allow a 23-foot high freestanding sign. A 10-foot high, 32-
square foot auxiliary sign is permitted because the property has more than 500 feet of frontage
on McMullen-Booth Road.
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Central Permitting Director Scott Shuford said Issues have not been resolved regarding
~ signs In some of the building's windows. Tonight's request relates to the freestanding sign.
I ~ Concern was expressed the existing palm tree will grow and eventually block the requested
sign.
ITEM #10 - Ord. #6126-97 - Annexation for property located at 3131 John's Parkway, John's
Parkway Sub., Lot 6 (Ronald & Laura Poirier, A97-03)
The City Attorney presented Ordinance #6126~97 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6126-97 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey_
James Baker said heavy, high-speed traffic on McMullen~Booth Road has made
ingress/egress to San Bernadino Street difficult. He opposed the sign variance request, stating
distractions on McMullen~800th Road should be minimized. Concern was expressed San
Bernadino Street traffic is sometimes blocked by truck deliveries to the subject business. It was
felt instruments in the windows are signs.
The applicant was, not present.
Commissioner Seel moved to continue Item #9. The motion was duly seconded and
carried unanimously.
Public Hearlna - Second Readina Ordinances
"Nays": None.
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ITEM #11 - Ord. #6127-97 - RS-8 Zoning for property located at 3131 John's Parkway, John's
Parkway Sub., Lot 6 (Ronald & Laura Poirier, A97-03)
The City Attorney presented Ordinance #6127-97 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6127~97 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 #12 - Ord. #6128-97 - Annexation for property located at 1420 Sunset Point Rd., Sunset
Highlands Unit 2, Lot 4 (Cynthia Wright, A97-04)
The City Attorney presented Ordinance #6128~97 for second reading and read it by title
only. Commissioner Clark moved to pass and adopt Ordinance #6128-97 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 #13 - Ord. #6129-97 - RS-8 Zoning for property located at 1420 Sunset Point Rd., Sunset
Highlands Unit 2, Lot 4 (Cynthia Wright, A97-04)
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The City Attorney presented Ordinance #6129-97 for second reading and read it by title
only. Commissioner Seel moved to pass and adopt Ordinance #6129-97 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayest1: Johnson, Clark, Hooper, Seel and Garvey.
"Naystt: None.
ITEM #14 - Ord. #6130-97 - Land Use Plan Amendment to Residential/Office General for
property located at 1233 S. Myrtle Ave., Milton Park Sub.. Blk 10, Lots 6-9 (Word of Faith
Church of God, Inc., LUP97-01) .
The City Attorney presented Ordinance #6130-97 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6130-97 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. #6131-97 - OPD Zoning for property located at 1233 S. Myrtle Ave., Milton
Park Sub., Blk 10, Lots 6-9 (Word of Faith Church of God, Inc.. Z97-01)
The City Attorney presented Ordinance #6131-97 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6131-97 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"AyesH: Johnson, Clark. Hooper, Seel and Garvey.
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"Nays": None.
ITEM #16 - Ord. #6132-97 - Vacating east/west alley lying S of Lots 9-11. less W 3', Blk 4,
Gould and Ewing 2nd Addition, subject to applicant relocating at his expense City's sanitary
sewer, water, gas & storm systems along with Florida Power & General Telephone facilities,
within their respective replacement easements, and recording private agreement with
authorized representative of Coachman Building for solid waste pick up on applicant's property
(Haag I Savoy Ltd., V96-01)
The City Attorney presented an amendment to Ordinance #6132-97.
Commissioner Clark moved to amend Ordinance #6132-97 on page 2, Section 1 to add
No.6 as follows: "6) Provide to City a payment and performance bond in an amount equal the
cost of removal and relocation of all utilities issued by a surety company licensed to do
business in the State of Florida." The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6132-97. as amended, for second reading and
read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6132-97 as
amended on second and final reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes1t: Johnson, Clark. Hooper, Seel and Garvey.
1tNaysl1: None.
CITY MANAGER REPORTS
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CONSENT AGENDA (Items #17-19) - Approved as submitted.
ITEM #17 - Approval of Purchases per 03/21/97 memorandum:
One Ford F-800 cab and chassis to be converted to a container lift truck to be utilized by
recycling throughout City for container relocation service; and authorize trade~ln of one 1990 F-
700 Ford cab and chassis, G-938, net cost $24,856, Atlantic Ford Truck Sales (SW)
ITEM #18 -locker Room Renovations at McMullen Tennis Complex, Darcon, Inc" $65,992
(PR)
ITEM #19 - Cooperative Aoreement with SWFWMD for development of Phase I of City-wide
reclaimed water system, providing reimbursement of eligible project costs not to exceed
$2,425,000 (EN)
Commissioner Johnson 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 #20 - Res. #97-21 - approving Sovereign Submerged lands Use Agreement No. UA-52-
194 with Board of Trustees of Internal Improvement Trust Fund of State of Florida for a
waterway crossing for Clearwater Gas System (GAS)
CGS (Clearwater Gas System) has completed installation of a subaqueous natural gas
main within the Pasco County right-of-way for crossing the Anclote River along Perrine Ranch
Road. Continuation of CGS's permit for this line requires execution of Sovereign Submerged
lands Use Agreement No. UA-51-194. The Anclote River subaqueous crossing is part of the
Pasco Phase IV Gas Construction Project, placed in service on March 5, 1997. This crossing
provides natural gas service East of US 19, including the Trinity Community and commercial
properties along CR 1 (Little Road) and Mitchell Bypass and provides gas service southward
along East lake Road to Keystone Road in Pinellas County.
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Commissioner Seel moved to approve a Sovereign Submerged lands Use Agreement
No. UA-52-194 with the Board of Trustees of the Internal Improvement Trust Fund of the State
of Florida for a watelWay crossing for the ClealWater Gas System, and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #97-21 and read it by title only. Commissioner
Johnson moved to pass and adopt Resolution #97-21 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 #21 - Res. #97-22. accepting the franchise, privilege and concession of the Town of
Belleair Shore, Florida, for the purpose of furnishing gas within Belleair Shore and to its
,habitants, and approving the Interlocal Agreement related thereto (GAS)
On March 19, 1997, the town of Belleair Shore's Board of Commissioners approved the
Interlocal Agreement with the City to provide natural gas service in Belleair Shore. The
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HNays": None.
Interlocal Agreement Incorporates franchise provisions as part of the document. The Interlocal
I~ Agreement provides the City a 3D-year non-exclusive right to supply natural gas service and to
, f construct, operate. and maintain all facilities necessary to supply natural gas to the town of
Belleair Shore. The Interlocal Agreement provides for a franchise fee up to 5% to be paid by
natural gas consumers within the town of Belleair Shore.
Commissioner Hooper moved to approve and accept an Interlacal Agreement! franchise
with the town of Belleair Shore to provide natural gas service to the citizens of Belleair Shore,
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
The City Attorney presented Resolution #97-22 and read it by title only. Commissioner
Clark moved to pass and adopt Resolution #97-22 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
lIAyes": Johnson, Clark, Hooper, Seel and Garvey.
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ITEM #22 - Neiohborhood & Affordable Housino Advisorv Board - 3 appointments (elK)
Commissioner Johnson moved to reappoint Milly Joplin. Mayme Hodges, and Howard
Groth. The motion was duly seconded and carried unanimously.
ITEM #23 - Update on Stevenson's Creek (EN)
Mr. Baier said the Stevenson's Creek erosion and flooding abatement project is going
well and all 15 required easements have been obtained. Duly recording all easements will
delay the project slightly and require a small change order for remobilization.
Civil Engineer Mahshid Arasteh displayed before and after aerial photographs and
provided an update of progress on the Stevenson's Creek project in the area of Pierce Street,
Hillcrest Avenue, and Druid Road where 4 major roadway crossings have been replaced. Work
has started on the creek behind Betty Lane properties. Throughout the project, the City has
maintained interaction with the public, residents, etc. She estimated completion will occur by
the end of June 1997. The gabions will be installed after the rainy season. Mr. Baier reported
the City has received few complaints regarding this project and complimented Ms. Arasteh and
Traffic Engineering for their attentive management. Druid Road has reopened.
ITEM #24 - Other Pendino Matters - None.
CITY A TIORNEY REPORTS
ITEM #25 - Resolutions
a) Res. #97w23 - requesting President establish Presidential initiative or Blue Ribbon
Commission on underage drinking, and requesting congress hold a hearing to evaluate the
need for uniform national standards regarding drunk driving
Consensus was to amend this resolution and direct it also to all of Florida's Senators
and Clearwater's Congressional Representatives.
The City Attorney presented Resolution #97~23 and read it by title only. Commissioner
Clark moved to pass and adopt Resolution #97-23 as amended and authorize the appropriate
officials to execute same. The motion was duly seconded and upon roll call, the vote was:
v
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey. '
HNays": None.
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ITEM #26 ~ Other City Attornev Items
The City Attorney introduced law clerk intern John Cautero.
ITEM #27 ~ Citv ManaCler Verbal Reports
FlC (Florida League of Cities)
The City Manager said the FLC has requested Commission input to the Commission of
Local Government II. A video regarding this will be presented at a future meeting.
The City Manager reported the City Clerk is attending FLC's Legislative Action Dayan
April 9, 1997.
Vision Statement Presentation on CwView
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A meeting to review the City Commission's Vision Statement Presentation on C-View
was scheduled for April 15. 1997, at 6:00 p.m. at C~View studios.
Pinellas Trail
The City Manager referred to a memorandum from Parks & Rer;reation Director Ream
Wilson regarding a proposal for the sidewalk portion of the Pinellas Trail through downtown to
have a distinct color. Consensus was to approve the proposal if the cost is minimal.
City Manager Resignation
The City Manager said her resignation currently is effective May 2, 1997. She
requested delaying the effective date to one that coincides with the arrival of the new City
Manager. Consensus was to approve the request, with appreciation.
County FacUities
The City Manager thanked the Pinellas County Administration and staff for hosting the
Cityts Commission meetings during repairs at City Hall. The April 17, 1997, Commission
meeting is scheduled for City Hall.
Legislative Issues
The City Clerk said a memorandum listing legislative concerns from the Clearwater Gas
System Managing Director had been distributed. The FLC also opposes proposed
telecommunication legislation, expressing concerns a precedent could be established that
places future limits on municipal utilities. It was suggested City utilities should participate on a
"'evel playing field." Additional information regarding the legislation was requested.
The City Clerk referred to a recent letter from the City of Port Richey requesting
ClealWater pass a resolution opposing legislation to abolish the city and annex it into New Port
Richey. Consensus was to take no action.
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The City Clerk will forward additional information regarding a proposed gross receipts
~ tax for waterl sewer, and ~olld waste, when it is received.
In response to a question, the City Clerk said the City will not be able to tap into bill
tracking until next year. The City currently relies on its lobbyist to forward a tracking list.
ITEM #28 - Other Commission Action
a) Pension Advisory Committee - one appointment
Commissioner Johnson moved to reappoint Mayor Garvey. The motion was duly
seconded and carried unanimously.
Commissioner Seel requested a current list of City Commission board assignments be
included in the next agenda packet.
Commissioner Seel referred to a letter from the Mornlngside/Meadows Homeowners
Association complimenting staff for trimming trees and keeping the neighborhoods neat.
Commissioner Seel noted a recent letter to the editor from a tourist complimented
Clearwater.
Commissioner Clark thanked Pinellas County citizens for their vote of confidence by
approving the Penny for Pinellas renewal.
Mayor Garvey indicated Penny for Pinellas funds cannot be spent immediately but will
be used according to a long range plan.
Mayor Garvev said the Florida Department of Health had sent a letter regarding
fluoridating the water supply. As the City may not control its water supply within several years,
it was felt local water management should address this issue.
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Mavor Garvev stated residents can contact (813) 562-5644 to report malfunctioning
street lights. Mr. Baler said the City pays a flat rate for street lights. Clearwater will be part of
an evening street light crew pilot project.
Mayor Garvev invited people to the downtown Farmers Market on Saturday mornings.
ITEM #29 - Adiournment
The meeting adjourned at 6:58 p.m.
ATTEST: (). _~l..'~" N~- ~~ ~-_
u-crtY Clerk
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