06/18/1998 (2)
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,COMMISSION
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City Com~ission Minutes
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CITY COMMISSION MEETING
CITY OF CLEARWATER
June 18, 1998
Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark
Karen Seel
Michael J. Roberto
Richard L. Hedrick
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
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 Clark. The Mayor led the Pl,edge of Allegiance.
To provide continuity for research. items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards ~ None.
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ITEM #4 - Introductions and Awards
Proclamation: Recreation & Parks Month - July 1998
ITEM #5 - Presentations
a) Legislative Report ~ Representatives John Morroni & Larry Crow
State Representative Larry Crow gave an overview of the 1998 legislative session.
He said the session was punctuated by the largest budget in Florida history. Under the
leadership of Senator Sullivan, priority was given to education. Adequate funding was
provided to keep offenders in jail for a minimum of 85 % of sentences. The Jimmy Wright
Act was passed regarding continued sentences for convicted sexual predators. Tort reform
and the Everglades bill were vetoed by the Governor, but will be addressed at the next
session. He asked everyone to write the Governor, and Cabinet urging them to vote
against Orimulsion. Legislation regarding annexation of enclaves passed. Other positives
for Clearwater include continuation of the Brownfields Redevelopment Act, and USF's
plans for a facility in Greenwood. The law was tweaked regarding the designation of the
Community Redevelopment Act. Appropriation will enable a one-stop job center in
Greenwood. The initiative to drop or severely limit aTI (Qualified Target Industry) funding
was stopped. Representative Jones' bill passed providing a continuous funding source for
beach renourishment. He hopes Clearwater will approve plans to go forward with the new
Memorial Causeway Bridge.
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Representative John Morroni said it has been a pleasure to serve the citizens of
Clearwater and looks forward to serving another term. He said the Pinellas County
Delegation' comprised of both Republicans and Democrats work well together to take care
of their communities. A budget without any new taxes was passed, allowing money left
over to be put into a "rainy day" fund. More dollars were received for transportation,
education, and criminal justice. One of the biggest controversies is the water issue, which
although seems to be settled in this area, will require continuous monitoring. The Local
Sources First bill passed and would have impacted Pinellas County had the "water wars"
agreement not been reached. A bill also passed making it mandatory to inform
communities when a sexual predator moves into their neighborhood. The Governor signed
a bill for an August sales tax holiday but vetoed the Police and Firefighters pension bill.
Clarification of the Sunshine Law failed and is expected to be one of the top priorities at
the next legislative session.
ITEM #6 - Approval of Minutes
Commissioner Hooper requested the last paragraph, 4 lines from the bottom of page
7 read ..."new development may not go above 42 feet...", and Commissioner Clark's name
be deleted from line 1 of the first sentence on page 1 O.
Commissioner Johnson moved to approve the minutes of the regular meeting of
June 4, 1998, as corrected. The motion was duly seconded and carried unanimously.
(;;t ITEM #7 - Citizens to be heard re items not on the AClenda
Garv Beniamin requested the Commission consider approval of: 1) update of the
Clearwater Airpark Master Plan for $50,000; and 2) discontinuance of occupancy of the
Airpark property by the Public Works Department.
John Haves requested the Commission consider moving City Hall to the current
Library site, and relocating the new bridge entrance on Cleveland Street.
Frank Ott suggested a monorail to the beach to solve traffic congestion.
PUBLIC HEARINGS
ITEM #8 - Public HearinCl & First ReadinCl Ords. #6292-98 & #6293-98 - Annexation & RS-
4 Zoning for property located at 1818 Brentwood Dr., Lake Lela Manor, 1 st Addition, Lot 7
(R. Brenton Howie, A98-17)
This application involves the annexation of a single family residential property in
order to obtain sanitary sewer service. A sewer line is available in front of the property in
Brentwood Drive right-of-way to provide the needed service. Assessed value of the
property is $112,500. The Planning and Zoning Board held a public hearing on this
application June 2, 1998, after which they unanimously endorsed the proposed Annexation
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"Nays":
None.
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and Zoning Atlas Amendment to Single Family Residential "Four" (RS-4) to the City
Commission.
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Commissioner Hooper moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single Family Residential "Four" (RS~4) for lot 7, lake lela Manor,
first Addition. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 6292-98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6292-98 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 6293-98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6293-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Johnson, Clark, Hooper, See I, and Garvey
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None.
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ITEM #9 - Public HearinQ & First Readino Ords. #6294-98 & #6295-98 - Annexation & OL
Zoning for property located at 2715 SR580, Acker's Sub., Blk 1, lots 3, 4, & 15 (M. K.
Real Estate Investment. Inc., A98-18)
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The application involves th~ annexation of a residential/office general property in
order to obtain sanitary sewer service. A sewer line is available in Allen Avenue right-of-
way to provide the needed service. Assessed value of the property is $11 6,800. The .
Engineering Department recommends annexing the abutting right-of-way of State Road 580
along with this request. The Planning and Zoning Board held a public hearing on this
application on June 2, 1998, after which they unanimously endorsed the proposed
Annexation and Zoning Atlas Amendment to Limited Office tOLl to the City Commission.
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Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Limited Office (Ol) for lots 3,4 and 15, Block 1 t Acker's Subdivision.
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The City Attorney presented Ordinance 6294-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6294-98 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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"Nays":
None.
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06/1 8198
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The City Attorney presented Ordinance 6295-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6295-98 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 #10- ICont. at 6/4/98) Public Hearino & First Readino Ords. #6284-98. #6285-98 &
#6286-98 - Annexation. MPD Zonino & Land Use Plan Amendment to Residential Medium
for property located 1,000 feet east of US 1 9N and north of Allen Creek, Sec. 29-29.16,
M&B 22.01 and Sec. 20-29-16, M&B 33.07 (AUen Creek Properties, Inc. I Harbourside
Realty Holding Co., A98-16, LUP98-06)
This application involves the annexation of 62.11 acres of vacant property, of which
19.57 is wetland, in order to obtain sanitary sewer and water services from the City. Both
sewer and water lines are available in front of the property rights-of-way to provide the
needed services. The assessed value of the property is $3,095,800. Yearly taxes paid
amount to $68,661.13. The applicant proposes to construct 644 apartment units at the
subject site after annexation. The Public Works Department is recommending the applicant
upgrade and rebuild the sanitary sewer lift station #5 which will serve this property. The
ordinance now includes language requiring this upgrade. The Planning and Zoning Board
held a public hearing on this application on May 19, 1998, after which they unanimously
endorsed the proposed annexation and zoning atlas amendment to Master Planned
~ Development IMPD) and land use plan amendment to Residential Medium.
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Todd Pressman, Applicant's representative, gave a brief overview of the project. A
full range of amenities is planned with the development of a first rate, 4-story, 644 unit
apartment building. In response to a question, Director of Central Permitting Lorenzo
Aghemo said the rezoning will allow 18 additional units and flexibility for the development.
Commissioner Seel moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Master Planned Development (MPD), and land Use Plan Amendment to
Residential Medium for M&B 22-01 in Section 29-29S-16E and M&B 33-07 in Section 20-
29S-16E, and also approve the Concept Plan and refer the final Site Plan to the
Development Review Committee (ORe) for approval and certification. The motion was duly
. seconded and carried unanimously.
The City Attorney presented Ordinance 6284-98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6284-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel, and Garvay
"Nays":
None
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The City Attorney presented 9rdinance 6286-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6286-98 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 City Attorney presented Ordinance 6285-98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6285-98 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 #11 - (Cant. from 6/4/98) Public Hearinq - Find valid public puroose & declare surDlus
for purpose of conveying title by Warranty Deed to FOOT a parcel of city-owned r-o-w in
Sec. 16-28-16 adjacent to existing southerly r-o-w line of SR5S6, between landmark Dr. &
McMullen Booth Rd. (PW)
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The FOOT (Florida Department of Transportation) has initiated a project to improve
Curlew Road from 69th Street to State Road 584. To facilitate the project, the FOOT has
requested'the City transfer a portion of right-of-way. Section 2.01 (d)(4)(iU) of the City
Charter provides that surplus real property may be transferred to another governmental
entity for less than appraised value after an advertised public hearing has been held and a
finding by the Commission of a valid public purpose for the transfer. In consideration of
the City conveying the right-of-way, the FOOT will include in the project, at FOOT expense,
construction of a right turn acceleration lane eastbound from Landmark Drive onto Curlew
Road. There are no utility accommodations to be made within the subject right-of-way at
City expense. Conveyance of the proposed right-of-way will unify State ownership and
responsibility for Curlew Road as well as provide a uniform corridor for the roadway along
this portion of Clearwater's northeasterly corporate limits. This item was continued from
the last meeting in order to get more information regarding the pedestrian overpass
proposed to be constructed in conjunction with this project.
Jim Miller, Director of Real Property Management, Pinellas County School Board,
said since the Curlew Creek Elementary School was constructed, the School Board has
been trying to ensure pedestrian crossings are as safe as possible for children. With the
possibility of this road becoming a 6 lane roadway, approximately 347 students will be
affected. In response to questions regarding the possibility of rezoning of the school
district, incorporating a different configuration for the overpass, and why the FOOT did not
construct an overpass at 580, Mr. Miller said those questions must be answere,d by the
FOOT. The School Board supports this project moving forward.
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In response to a question, Claudia Steward, Principal of Curlew Creek Elementary
School, expressed concern regarding the safety of the children attending the school and
supports the overpass project.
In response to a question, Mr. Baier said he was unsure of the length of the south
down ramp, but the overpass is being designed to comply with ADA (Americans with
Disabilities Act) regulations. The importance of child safety was acknowledged, however it
was remarked the path of the overpass could be better configured. The City Manager said
. the FOOT has asked that this project go forward. Funding requirements currently in place
will be lost should the project be delayed. Mr. Baier said the FOOT has indicated the
reason the overpass cannot be constructed on the western side of Landmark Drive is due
to the lack of sufficient right-of-way. A comment was made the Commission should
approve this project and rely on the FOOT to address pertinent issues.
John LeRoux, Attorney for Bill Baumgard, expressed concern this project is being
considered without the benefit of questioning the FOOT. After reviewing the FOOT's
docum'ents, he felt sufficient room exists to construct the overpass adjacent to the park.
He offered a copy of the FOOT's construction plans for Commission review. He said the
FOOT's documentation indicates their decision was driven by monetary concerns, not Mr.
Baumgard's property rights. He requested the property be conveyed with the restriction
that improvements adjacent to Mr. Baumgard's property be made at grade.
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Mr. Baier said the FDOT documents Mr. LeRoux referred to were earlier documents.
Other concerns exist regarding site distance and the impact on the park property. It was
requested staff meet with the FOOT to obtain more Information regarding the configuration
of the overpass.
Commissioner Clark moved to approve declaring as surplus for the purpose of
conveying title by Warranty Deed to the Florida Oepartment of Transportation (FOOTI a
parcel of City-awned right-at-way in Section 16, Township 28 South, Range 16 East
adjacent to the existing southerly right-at-way line of State Road 586 (Curlew Road)
between Landmark Drive and McMullen Booth Road. The motion was duly seconded and
upon the vote being taken, Commissioner Clark and Mayor Garvey voted "Aye";
Commissioners Hooper, See I and Johnson voted "Nay". Motion failed.
Staff was directed to talk to FOOT and bring this issue back.
ITEM #12 - (Cant. from 5/21/98) Variance(s) to SiQn ReQulations for property (Gateway
2000 Country Store) located at 26034 US19N, Darryl's Sub., unplatted Lot 1 less road
(Danielson, Ltd, SV98-09)
The Applicant is requesting 4 variances: 1) a variance of 43.9 square feet to allow
174.4 square feet of attached sign area for the Enterprise Road frontage where a maximum
area of 130.5 square feet is permitted; 2) a variance of 20 square feet to allow 161 square
feet of attached sign area for the US 19 frontage where a maximum area of 141 square feet
is permitted; 3) a sign area ratio variance of 0.50 square foot per foot of building width to '
sHow a sign area ratio of 2.00 square feet per toot of width for the Enterprise Road
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06/18/98
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frontage; and 4) a sign area ratio variance of 0.21 square foot per foot of bUilding width to
allow a sign area ratio of 1.71 square feet per foot of width for the US19 frontage. Most
of the sign area is devoted to a cow hide patternl not lettering. The area of the lettering is
relatively small. The letter on the sign oriented to Enterprise Road is 59.25 square feet in
area. The letter on the sign oriented to US19 is 49.5 square feet. This variance
application represents an opportunity to improve the appearance of this property as viewed
form US19. There is currElntly no landscaping along the US19 frontage. Approval of the
variances with a condition that landscaping be installed along US 19 would cure this
condition. Approval of these variances as conditioned will not detract from the appearance
of the City.
In response to a question, Planning Administrator Sandy Glatthorn said the building
will mostly be white with a cow pattern sign. Deanna South, Gateway Store Manager,
requested the Commission approve the variances.
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Commissioner Hooper moved to approve the requested variances: 1) a variance of
43.9 square feet to allow 174.4 square feet of attached sign area for the Enterprise Road
frontage where a maximum area of 130.5 square feet is permitted; 2) a variance of 20
square feet to allow 161 square feet of attached sign area for the US19 frontage where a
maximum area of 141 square feet is permitted; 3) a sign area ratio variance of 0.50 square
foot per foot of building width to allow a sign area ratio of 2.00 square feet per foot of
width for the Enterprise Road frontage; and 4) a sign area ratio variance of 0.21 square
foot per foot of building width to allow a sign area ratio of 1.71 square feet per foot of
width for the US19 frontage for Gateway 2000 Country Store located at 26034, subject to
the following condition: the applicant shall landscape the front of this property along
US19. Prior to the issuance of a sign permit, the applicant shall submit a landscape plan
that receives approval by the City landscape architect. Prior to approval of a final
inspection for the signs; the landscaping shall be installed in accordance with the approved
plan. The motion was duly seconded and carried unanimously.
Public HearinQ ~ Second ReadinQ Ordinances
ITEM #13 - (Cont. from 6/4/98) Ord. #6273.98 - land Use Plan Amendment to Resort
Facility High for property (proposed Comfort Inn) located at 1941 Edgewater Dr.,
Sunnydale Sub., Lots 39-41 (Raman Shula, lUP97-06, Z97-06)
Mr. Aghemo said since the last Worksession, a meeting between developers and the
neighborhood was held to address some citizen concerns. No concessions were made at
that meeting.
Fourteen citizens spoke in opposition expressing concern regarding: increased
traffic and noise, particularly on Sunnydale Drive; incompatibility of the development with
the surrounding residential neighborhood; increased water runoff from the property;
residents' privacy; the height of the building blocking the waterview, and the possibility of
setting a precedent regarding commercial sprawl. Two residents spoke in favor remarking
that the current motel is in desperate need of improvement.
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CITY MANAGER REPORTS
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, In response to a question, Mr. Aghemo said all residential and commercial
redevelopments must conform with FIRM (Federal Insurance Rate Maps). In response to a
question, Steven Swanberg of 50S Architects said current zoning allows a maximum
height of 42 feet. If this request is approved, a retention pond will be built on the site with
,a requirement the first 1/2 inch of runoff be retained on site. In response to a question,
Ms. Glatthorn said the 2 commercial properties to the south of this property could build to
80 feet. It was remarked a first class hotel will help prevent further erosion of the
neighborhood. Concern was expressed regarding over~development of the neighborhood
and the proposed site plan.
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Commissioner Hooper moved to deny the rezoning request. The motion was duly
seconded. Upon the vote being taken, Commissioners Hooper, Johnson, Clark, and Seel
voted "Aye"; Mayor Garvey voted "Nay". Motion carried.
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ITEM #14 - (Cont. from 6/4/981 Ord. #6274-98 - CPO Zoning for property (proposed
Comfort Jnn) located at 1941 Edgewater Dr., S~nnydale Sub., Lots 39-41 (Raman Bhula,
LUP97~06, Z97~06)
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The City Attorney presented Ordinance 6274-98 on second reading and read it by
title only. Commissioner Clark moved to deny Ordinance 6274~98 an second 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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"Nays":
None.
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The meeting recessed from 8: 14 to 8:32 p.m.
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CONSENT AGENDA (Items # 15~33) Approved as submitted.
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ITEM #15 ~ Interlocal Agreement with CRA re 'IMR (CMI
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ITEM #16 - Approve ranking: 1) Siemon, Larsen & Marsh, 2) Wallace Roberts & Todd, 3)
Post, Buckley, Schuh & Jernigan, Inc.; and authorize negotiation of contract for
Redevelopment & Revitalization Consultant Services for major areas of the City with
Siemon, Larsen & Marsh (CM)
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ITEM #17 ~ Aoproval of Purchases & Declaration at Surplus per 5/28/98 memorandum:
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One Number Information Systems of Florida d/b/a Sunshine State One Call, extension, gas
main & gas line marking service, 8/8/98~8/7/99, est. $41,000 (GAS)
Ringhaver Equipment Company, one 1996 Caterpillar CT~60 trailer mounted diesel
generator, to be used by Public Services, $18,900 (GS)
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Don Reid Ford, two 1998 Ford Y.I ton pickup trucks, one 1998 Ford % ton cargo van and
two 1998 Ford % ton pickup trucks, (all replacements), $76,273; funding to be provided
under City's Master Lease-Purchase Agreement ($68,323) and cash ($7,950)(GS)
Bill Currie Ford, Inc., four 1999 Ford F-250 3/4 ton pickup trucks, 2 with utility body and 2
cab and chassis only (all replacements), $77,230; funding to be provided under City's
Master lease-Purchase Agreement (GS)
Noland Company, gas materials ~ misc. galvanized gas pipe & fittings, 6/22/98-9/30/99,
est. $83,000 (GAS)
Declare surplus to city needs one PhillipsburgfBell and Howell inserter~ authorize disposal
through sale to highest bidder
ITEM # 18 - Purchase of one 1998 Ford Taurus (replacement), Don Reid Ford, $15,860
(CRT)
ITEM # 19 - Contract with Juvenile Welfare Board of Pinel1as Countv to provide
administrative services for a summer youth recreation program for the area north of
Ulmerton Road (HU)
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ITEM #20 - Approve foreclosure of real property located at NW corner 8. Greenwood Ave.
and Woodlawn 8t. (HU)
ITEM #21 - Contract to sell real property, 81 5' of N 225' of E21 0' of W420' of NW }'.4 of
NWy.. of Sec. 15-29-15, to Clearwater Academy International, Inc., for $7,300 less
transaction costs of $400 (PW)
ITEM #22 - Aqreement for consultant services to Natural Resources Planninq Services. Inc.,
to complete third & final phase of City Street Tree Inventory, and authorize use of City Tree
ReplacementFund to fund the City's $6,200 portion (PW)
ITEM #23 - Ratifv & confirm C.D.n1 & Final to Joint Proiect Aqreement with Pinellas
County for Union Street Widening & Utility Relocation, Soule Road to McMullen Booth
Road, decreasing contract by $174,661.33 for new total of $1.00,738.67 (PW)
ITEM #24 - Contract for Sand Kev Pump Station #45 Replacement to All American
Concrete, Inc., for $838,986 (PW)
ITEM #25 - First Amendment to Aqreement with SWFWMD, Pinellas County & City of
Safety Harbor for development & implementation of a Comprehensive Watershed
Management Plan for Alligator Creek Watershed (PW)
ITEM #26 - Amendment No.1 to contract with Parson's Enoineerinq Science. Inc., for
$282,340 to Include design & permitting for Alligator Creek Watershed Implementation
Projects (PW)
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mcc06b98
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06/1 8/98
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ITEM #27 - Amendment to Cooperative Aareement with SWFWMD & Pinellas County, for
design & construction of a Watershed Rehabilitation Project at Hercules Avenue & Allen's
Creek (PW)
ITEM #28 - Contract for Allen's Creek Watershed Rehabilitation Profect at Hercules Avenue
(Planting #9809) to Nautilus Environmental Services, Inc., for $207,668.17 (PW)
(TEM #29 - Contract for Allen's Creek Watershed Rehabilitation Profect at Hercules Avenue
(Construction #97043) to Dolphin Constructors, Inc., for $1,282,214 (PW)
ITEM #30 - Approve Work Order to Post, Buckley. Schuh & Jerniaan, Inc., providing
construction management services' for the Allen's Creek Watershed Rehabilitation Project at
Hercules Avenue, for $132,795 IPW)
ITEM #31 - Utility easement for fiber optic cable installation & maintenance - 2nd Addition
to Salls Sub., Blk A, part of Lot 9 (Alex and Goldie Sobo)(CA)
ITEM #32 - Drainaae easement - Oak Acres Addition Unit 3, 81k I, part of Lot 6 (Leslie
Stuckey, Jr. and Lynette M. Stuckey)(CA)
ITEM #33 - Settlement and Release AQreement re Anne-Marie Cheroke Lindsey as guardian
of Paul W. Gilfoyle vs. City (CA)
(:~l Commissioner Johnson moved to approve the Consent Agenda as submitted and to
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #34 ~ Mid-Year BudQet (BU)
Mid-year amendments reflect the distribution of $172,000 of the $1 M of vision
funds, with a total of $572,000 distributed to date. This includes the distribution of
$150,00 to the Development Services (Central Permitting) Department to support the long
range planning efforts necessary to meet expectations. In addition, vision funds are
appropriated to several small programs including the North Greenwood Music Festival and
the Pier 60 programming. At mid-year, General Fund revenues are increased by a net of
$245,293, which is entirely due to an increase in anticipated property tax revenues of
approximately $450,000. These revenues offset other revenue decreases as well as
program increases in the several departmental programs including the City Manger's office,
Parks and Recreation, and the Library. At mid-year, the Unappropriated retained earnings
of the Generat Fund remains at approximately $7.9 M which is approximately 10.8% of the
amended general Fund budget. The balance above the 10% Commission-approved reserve
is approximately $620,000.
,
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mcc06b98
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06/18/98
Mid-year amendments to the Storm water Fund recognize the appropriation of
$112,000 in prior year retained earnings of the Stormwater Fund to offset a decrease in
anticipated annual interest earnings for the Fund. There are no proposed changes to Fund
expenditures at this time.
~
Budgeted revenues and expenditures for the Water and Sewer Fund are basically as
anticipated at mid-year. Operating revenues and expenditures are the same as approved at
the first quarter budget review.
Mid-year amendments of the Gas Fund reflect an increase of approximately
$388,210 in revenues primarily as a result of increases in the sales of PGA gas as well as
other minor adjustments. Gas Fund expenditures are increased by approximately $96,690
at mid~year. These program increases are entirely offset by the increase in fund revenues.
At mid.year, Gas Fund revenues exceed anticipated expenditures by approximately
$780,000.
Only minor adjustments are proposed to the Solid Waste Fund at mid-year. At mid-
year, Solid Waste Fund revenues equal anticipated expenditures and are still in line with the
expectations of the original approved budget.
Only minor adjustments are proposed to the Recycling Fund at mid-year. At mid-
year, Recycling Fund revenues equal anticipated expenditures and are still in line with the
expectations of the original approved budget.
C~~~) Marina Fund revenue increases of approximately $55,000 are recognized at mid-
year, offsetting Fund expenditure increases of approximately $29,740, which includes
funding of $14,075 for Marina Restroom improvements previously approved by the City
Commission. The other expenditure increases were necessary for Marina signs and
contract-negotiated increases. Marine revenues exceed anticipated expenditures by
approximately $73,920 at mid-year.
Parking receipts are approximately 15% below expectations at mid-year, primarily
due to the wet inclement weather experienced during the first 6 months of the year. At
mid-year, approximately $200,000 of prior year retained earnings are appropriated to offset
the unanticipated loss of revenues in the Parking Fund.
No amendments are proposed for the Harborview Fund at mid-year. Budgeted
revenues and expenditures are approximately as anticipated.
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The most significant amendments to the Internal Service Fund programs include the
recognition of approximately $297,000 of unanticipated interest earnings in the Central
Insurance Fund, and a decrease in anticipated garage charges in the Garage Fund, which is
partially offset by an anticipated decrease in fund expenditures. All internal service
operations remain healthy at mid-year.
The amendments to the Capital Improvement Fund total a net increase of
$410,768. This increase ;s primarily due to the transfer of 4416,000 to'the Atrium Land
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06/18/98
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, Acquisition project form the Special Development Fund. The Fire Department includes
. several proposed projects for the purchase of a brake retarder system to reduce
maintenance costs ($34,000), a portable vehicle lifting system ($35,000), and the
replacement of the Safety Village Classroom ($42,000). All of the Fire Department
projects are funded by savings within the Fire Department program.
All other significant Capital Improvement budget increases have been previously
approved by the City Commissions and are outlined in the detailed reported. Other projects
previously approved include the renovation of the marina restrooms and the purchase of a
front-end loader for Public Works.
The complete mid-year report includes detailed explanations of budget amendments,
as well as a schedule of administratively approved change orders, and a list of self-
insurance settlements.
Commissioner Clark moved to approve the mid-year amendments to the Budget for
the Fiscal Year ending 9/30/98. The motion was duly seconded and carried unanimously.
aJ First Reading Ord. #6290-98 - Amending the Operating Budget for Fiscal Year ending
9/30/98
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The City Attorney presented Ordinance 6290-98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6290-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"Nays" :
None
b) First Reading Ord. #6291-98 - Amending the Capital Improvement Program Report and
Budget for Fiscal Year ending 9/30/98
The City Attorney presented Ordinance 6291-98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6291-98 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 #35 - Interlocal Aareement with Town of Indian Shores to provide natural gas
service; Res. #98-05 - Accepting the Franchise, Privilege and Concession of the Town of
Indian Shores, Florida, for the purpose of furnishing gas within Indian Shores and to its
habitants" and approving the interlocal agreement related thereto (GASI
On November 6, 1997, the Town of Indian Shores Town Council approved the
Interlocal Agreement with the City of Clearwater to provide natural gas service in Indian
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mcc06b98
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06/18/98
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Shores. The lnter10cal Agreement incorporates franchise provisions as part of the
document. The Interlocal Agreement provides the City of Clearwater a 30-year non~
exclusive right to supply natural gas service and to construct, operate and maintain all
facilities necessary to supply natural gas of the Town of Indian Shores. The Interlocal
Agreement provides for an up to 5 % franchise fee to be paid by the consumers of natural
gas within the Town of Indian Shores.
Commissioner Hooper moved to approve and accept an Interlocal
Agreement/franchise with the Town of Indian Shores in order to provide natural gas service
to the citizens of Indian Shores. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 98p05 l'md read it by title only.
Commissioner Clark moved to pass and adopt Resolution 9ap05 and authorize the
appropriate officials to execute same. The motion was dUly seconded and upon roll calf,
the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"Nays" :
None
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ITEM #36 - Purchase of a Customer Information System ICIS) from SFG Technoloaies, Inc.,
est. $850,000; approve additional funding of associated hardware, est. $392,500; approve
est. project staffing costs of $257,500; authorize funding under City's master lease-
purchase agreement for those costs that qualify under it; and authorize a loan from the
Central Insurance Fund to pay for remaining costs, to be paid back over 5 years, with
interest at the cash pool rate, on 9/30 of each year; approve hiring contract employees as
required to facilitate this project (GAS)
A new CIS is critical for facilitating the customer service business processes of the
7 City utilities for the following reasons: 1) current CIS is 8 years old and no longer
supported by the vendor; 2) an extensive backlog of problems and enhancement requests
exist; 3) modifying the existing system to fix problems or add features is cost prohibitive;
4) the existing system is paper intensive and requires considerable manual intervention; and
51 the existing system is not year 2000 compliant. The SFG CIS will improve customer
service through streamlined automated processes and improved automated communication
between departments. Proposals to fix the existing system's year 2000 problem were
$432,804 and $816AOO plus travel and living expenses, and this would merely fix a non-
functional system to work ineffectively after the year 2000. Implementation of the SFG
system will eliminate the need to fix the existing CIS since it is year 2000 complaint. The
target date for completion of the project is December 1999. A cross-functional
development team has been organized consisting of representatives from Public Works,
Solid Waste, Gas, Information Management, and Clearwater Customer Service. Contract
employees will be hired as interim replacements for the Public Works and solid Waste team
members through the term of the project and will be funded through departmental budgets.
Funds for contract programmers, as needed, are in the project. Contract employees will
be discontinued after project completion. This project will be funded by the utility
enterprise funds based on the following percentages: Water and Reclaimed - 30%, Gas ~
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mcc06b98
13
06/18/98
Upon the vote being taken, the motion carried unanimously.
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23%, Sewer ~ 17%, Solid Waste ~ 13%, Storm water ~ 11 %, and Recycling - 6%. These
funding requirements have been incorporated into the Utility Rate Study. Based on a
thorough vendor evaluation process, the City's selection team recommends the SFG CIS
because it provides better functionality and costs less than the other candidates. The SFG
system also uses newer technology which positions it more favorably for ongoing support.
Commissioner Johnson moved to award a contract for the purchase of a Customer
Information System (CIS) from SFG Technologies, Inc. at an estimated cost of $850,000;
approve the additional funding of associated hardware at an estimated cost of $392,500;
approve estimated project staffing cost of $257,500; authorize funding under the City's
Master lease Purchase Agreement for those costs that qualify under the lease purchase
agreement and authorize a loan from the Central Insurance Fund to pay for the remaining
costs, to be paid back over 5 years, with interest at the cash pool rate, on September 30
of each year; approve the hiring of contract employees as required to facilitate this project;
and that the appropriate officials be authorized to execute same. The motion was duly
seconded.
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It was questioned how vendor backup can be assured on the new system.
Managing Director of Clearwater Gas System Chuck Warrington said unlike the old
software, this new technology is built around the user being able to make needed changes
for the future. Other cities such as the City of lakeland are also purchasing this product.
Should SFG Technologies be unable to maintain the program at some point in the future,
CGS will have the capability of updating and maintaining the system in~house because the
City will have the code.
ITEM #37 - Res. #98~16 - Approving resolution of the Tampa Bay Nitrogen Management
Consortium adopting the 1995-1999 Nitrogen Management Action Plan and committing to
its implementation (PW)
On December 4, 1997, Clearwater adopted Resolution 97-59, approving the Tampa
Bay National Estuary Program (TBNEPI Interlocal Agreement. The TBNEP is now renamed
the Tampa Bay Estuary Program ITBEPI. The TBNEP Interlocal Agreement requires the
Nitrogen Management Consortium to adopt an action plan to meet cumulative reductions in
nitrogen load, consistent with the agreement. Clearwater, as a member of the Consortium,
is also required to incorporate appropriate elements of the Consortium Action Plan into a
"Clearwater Action Plan". Those appropriate project and program elements approved for
incorporation into the Consortium Action Plan, include: 1) Del Oro Phase 1; 2) Coopers
. Point restoration; 3) Aliens Creek rehabilitation at lakeview and Hercules; 4) stormwater
reinspection; 5) City-wide reclaimed water expansion; and 6) hazardous waste disposal will
be incorporated in to the final City Action Plan. Technical requirements of the Consortium
Action Plan are consistent with the Interlocal Agreement. Approval of this resolution does,
not guarantee project or program implementation, only that the City shall use its best
efforts to achieve the goals of the TBEP within the time periods and manner prescribed by
the agreement and contained within the Clearwater Action Plan. The Clearwater Action
Plan, now being formulated for administrative approval by May 25, will outline appropriate
~
mcc06b98
14
06/18/98
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projects and programs for implementation, subject to City Commission approval during the
City budget process.
Commissioner Hooper moved to approve the 1 995-1 999 Nitrogen Action Plan and
commit to its implementation. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 98-1 6 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution 98-16 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 #38 - Exercise design option for Memorial Causeway Bridge redesign within existing
professional services agreement with HDR Engineering, Inc., dated 10/21/94, to include
additional maximum fee of $3,791,768 for additional work in conjunction with final design
of bridge and roadway approaches (PW)
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The Project Development and Environment (PD&E) Study has been underway since
December 1995 and is now in its final stages. The City embarked on a design process
which began in the fall of 1994. Due to the far-reaching effect of this project, staff has
held some 30 public forums to elicit community comment. This process has resulted in the
evaluation of 3 primary bridge routes and 14 bridge alignments (Pierce Boulevard, Cleveland
Street, Drew Street), and various structural options. On April 17, 1997, the Commission
voted to proceed with Alignment P4A. It closely follows the alignment of the existing
bridge and its approaches, thus minimizing overall impacts. For the past year, the work has
been focused on further refinement of the preferred alternative and detailed environmental
analysis. Final drafts of engineering and environmental documents are being prepared for
final review by the FOOT, FHWA and the U. S. Coast Guard. The City has received
confirmations from these agencies that no adverse impacts are anticipated due to this
project. A formal Public Hearing on the project in accordance with State and Federal
guidelines is scheduled for July of this year. On June 27, 1997, the City Commission
approved the Joint Participation Agreement (JPA) between the City and the Florida
Department of Transportation for design, ROW acquisition and construction of the
Memorial Causeway East Bridge replacement. This JPA secures $13 million from the
Florida Department of Transportation provided the design of the project starts no later than
June 30, 1998. Funding in the amount of $3,611,000 is available in capital project 315-
92820 for this work. The balance of $180,768 will be provided by the transfer of funds
from the unallocated balance of Penny for Pinellas infrastructure tax at the third quarter
budget review. Further funding through Intermodal Surface Transportation Enhancement
Act (ISTEA) Funds are currently being pursued by the City Staff.
In response to a question, Mr. Baier said the total cost for the bridge is $44.9
million, including approaches, infrastructure and enhancements. The bonding portion of
those costs is $5.6 million. The City Manager said the west intersection is a separate
mcc06b98
06/18/98
15
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project at a cost of $8 million which includes the library and other projects. In response to
a question, the City Manager said this is a request for approval of the funds to design the
bridge. Should the City decide not to build the bridge, the reimbursement of $3 million will
be lost. In response to a question, Assistant City Manager Rick Hedrick said although
Penny for Pinellas funds have not been prioritized, plans are to complete the Memorial Civic
Center area prior to construction of the bridge. He noted many decisions still need to be
made.
Seven citizens spoke in support stating a new bridge is needed to help
redevelopment, reduce traffic congestion, and improve the emergency evacuation route. It
was also stated it would take too long to wait for the State to replace the bridge and the
bridge closures for repairs during that interim would be devastating. It was felt passage of
the extension of Penny for Pinellas was largely due to the inclusion of the bridge as a major
project.
Five citizens spoke in opposition stating the State should pay the entire cost freeing
the City funds for other, more needed projects; that a new bridge would not solve the
traffic problems; and a referendum should be called.
Two citizens, while not opposed to the bridge, felt other avenues of funding should
be explored; one suggested the alignment was not the best.
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Discussion ensued regarding the need for redevelopment of downtown and the
beach, and the need to connect the two. The current bridge is functionally obsolete, and
the State has no plans to replace it for 20 years. Once the bridge is built, the State will
maintain it. The increased costs incorporate bicycle, pedestrian and multi-modal aspects
that were not initially in design plans. This is a joint project between the City, State and
County, and staff continues to pursue all available funds and grants toward the cost of the
bridge. It was remarked this is a bad business decision and it is important for the
Commission to consider all alternatives. The traffic problems are at the beaches, not on
the bridge. A remark was made the City could continue to lobby the State to construct a
bridge sooner than 2018.
Commissioner See I moved to exercise the design option for the Memorial Causeway
Bridge redesign within the existing professional services agreement with HDR Engineering,
Inc. dated October 21, 1994, to include an additional maximum fee of $3,791,768 for
additional work in conjunction with the final design of the Memorial Causeway Bridge and
roadway approaches, and that the appropriate officials be authorized to execute same. The
motion was duly seconded and upon the vote being taken, Commissioners Hooper and Seel
and Mayor Garvey voted l'Aye"; Commissioners Clark and Johnson voted "Nay". Motion
carried. '
ITEM #39 - PlanninQ & Zoniml Board - 1 appointment (elK)
Commissioner Clark moved to appoint Steven Chandler. The motion was dUly
seconded and carried unanimously.
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mcc06b98
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06/18/98
~ ITEM #40 - Municioal Code Enforcement Board - 1 appointment (CLK)
Commissioner Hooper moved to appoint Sheila Cole. The motion was duly
seconded and carried unanimously.
ITEM #41 - Neighborhood & Affordable Housinq Advisorv Board - 4 appointments (eLK)
Commissioner Hooper moved to change Howard Groth's category to "provider for
low income housing". The motion was duly seconded and carried unanimously.
Commissioner Clark moved to reappoint Warren Hunt to the "residential building
lndustryll category. The motion was duly seconded and carried unanimously.
Commissioner Seel moved to reappoint William Turner Sr. to the IIlabor" category.
The motion was duly seconded and carried unanimously.
Commissioner Hooper moved to appoint Joyce Smith to the "resident East
Clearwater area" category. The motion was duly seconded and carried unanimously.
Commissioner Clark moved to appoint Peggy Cutkomp to the IIreal estate industry"
category. The motion was duly seconded and carried unanimously.
ITEM #42 - Other Pendinq Matters - None.
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CITY ATTORNEY REPORTS
ITEM #43 - Res. #98-17 - Demolition Lien - 912 Nicholson St., Pine Crest Sub., Blk 2, Lot
7 and % vacated county alley adjacent on north ICNHS)
The City Attorney presented Resolution #98-17 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #98-17 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
IIAyes":
Johnson, Clark, Hooper, Seel and Garvey
"Naysll :
None
ITEM #44 - Res. #98-18 - Demolition Lien - 916 Nicholson St., Pine Crest Sub., Blk 2, Lot
6 (CNHS)
The City Attorney presented Resolution #98-18 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #98-18 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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mcc06b98
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06/1 8198
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"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"Nays" :
None
ITEM #45 - Res. #98-24 - Assessing property owners the costs of having mowed or
cleared owners' lots
The City Attorney presented Resolution #98-22 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #98-22 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 #46 - Other City Attornev Items
The City Attorney requested 2 attorney/client sessions regarding Clearwater Bay
Marina and Timm be scheduled for August 3, 1998, at 9:00 a.m. Consensus was to ,so
schedule.
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ITEM #47 - ~itv Manaaer Verbal Reports
a) Set date for Penny for Pinellas meeting
The City Manager requested a Penny for Pinellas meeting be scheduled July 28,
1998 at 9:30 a.m. A tentative meeting is scheduled for August 18, 1998 at 9:30 a.m. in
the event business is not completed at the July 28 meeting. Consensus was to so
schedule both meetings:,
The City Manager's one year anniversary will be in 6 days. He expressed his
enjoyment of the job and pleasure working with staff and the Commission. He said it has
been an exciting, fascinating, and energetic period, and is proud of the organization's
efforts and team work. He believes the purpose of a manager is to make the next
generation better. He said the City is very fortunate to have Pam Akin as City Attorney.
ITEM #48 - Other Commission Action
a) Voting Delegate for FLC conference 8/13-15/98
Commissioner Clark moved to appoint Commissioner Hooper as delegate to the
Florida League of Cities conference in August 1998. The motion was duly seconded and
carried unanimously.
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mcc06b98
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06/18/98
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Commissioner Clark stated he watched a tape of the last Worksession and
requested efforts be made to improve the quality of the sound system.
Commissioner Clark was sorry to see Scott Shuford leave, and wished him well at
his new position in St. Petersburg.
Commissioner Clark expressed his appreciation to City staff, especially the City
Manager, the City Attorney, and Assistant City Manager Bob Keller, regarding the IMR
(Information Resources Management) project.
Commissioner Hooper expressed his pleasure that a memorandum from Jeff Harper
regarding the Ross Financial System indicates the City will not experience a year 2000
computer shutdown.
Commissioner Hooper wished the Commission a safe month's vacation.
Commissioner Johnson said it has been a good year and thanked the Commission
for their efforts over the, past 6 months, and the City Manager for hls leadership.
Commissioner Johnson requested a letter be written to the Governor and Cabinet
requesting rejection of the Orimulsion issue. Consensus was for a letter expressing
extreme concern be sent.
Commissioner Seel questioned why Mr. Springer sent a check to the City for the
homeless.
Commissioner Seel held a birthday party at a new business called Laser Eclipse.
The company is very family oriented, and has specific rules of conduct. One of the owners
is a contractor. He praised the City's Central Permitting Department. .
Commissioner Seel congratulated Bob Heilman of the Beachcomber on his 50th
anniversary in the City.
Commissioner Seel expressed her enjoyment working with the Commission and felt
everyone was here for the right reasons. She said it has been a good year and is confident
history in 20 years will reveal positive accomplishments.
City Manaaer Roberto said Mr. Hedrick has made the Central Permitting Department
a high priority. He has enjoyed working with him this year.
Mayor Garvev received calls from Countryside residents opposed to traffic calming
proposals.
mcc06b98
19
06/18/98
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. Mavor G~rvev received a cail from a business owner on Gulf-to-Bay Boulevard
,concerned about redevelopment plans and the City's expectations of business owners.
The City M'an'agersaida clearer definition will be presented to the City Commission In,
August. '
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ITEM #49 - Adjournment
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The meeting adjourned at 1 0:35 p,m.
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20
06/18/98
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