07/16/1998 (2)
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COMMISSION
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City Commission Minutes
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CITY COMMISSION MEETING
CITY OF CLEARWATER
July 16, 1998
Present:
Rita Garvey
Ed Hooper
,J. B. Johnson
Robert Clark
Karen Seel
Michael J. Roberto
Richard L. Heddck
Bob Keller
Pamela K. Akin
Lorenzo Aghemo
Rich Baier
Cynthia'E. Goudeau
Gwen Lagters
Mayor/Commissioner
Vice-M ayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Public Works Administrator
City Clerk
Board Reporter
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The Mayor called the meeting to order at 6:05 p.m. at City Hall. Commissioner
Johnson offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
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ITEM #3 - Service Awards
Two service awards were presented to City employees.
ITEM #4 - Introductions and Awards - None
ITEM #5 - Presentations
a) Legislative Report - Senator Donald Sullivan
State Senator Donald Sullivan said the legislature did well for Pinel1as County this
year. He reported money was allocated for Florida Gulf Coast Art center, a series of
cultural grants, Brownfields, and beach renourishment. He encouraged the City to apply for
project funding.
He discussed how the 1-4 corridor will affect Pinellas County, reiterating the
importance of partaking of the economic activity. He noted community colleges will
,become the primary source of employees trained in technology. The Senator stressed the
need for inclusion of Tampa and Pinellas County in a high~speed rail system. He said
Central Florida has legislative muscle for the first time, offering a great opportunity to take
care of Clearwater's needs.
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Mayor Garvey agreed education and the transportatIon connection are important,
and thanked Senator Sullivan for attending.
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b) FRDAP Grant Check - Senator Donald Sullivan
, Senator Sullivan presented a ceremonial check in the amount of $100,000 for the
DelOra recreational trail.
c) Long Center appreciation of Commission support - Gary Giordano
Long Center President Gary Giordano presented a framed aerial photograph of the
Long Center as a taken of appreciation far Commission support. He especially thanked
Parks and Recreation Department staff for their outstanding work. He requested the City
display the photograph in City Hall.
Recreation Superintendent Steve Miller presented the Parks and Recreation
Department's 1998 Annual Appreciation Award to Walker Ford.
ITEM #6 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of ,
June 18, 1998, 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 AQenda
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Walter Seidel and Debra Beagles spoke in favor of traffic calming for neighborhoods
in the Countryside area.
Sheila Cole expressed concern the reclaimed water program had been "sold" to
Island Estates residents based on a $2 availability fee for homes not using reclaimed water,
but the fee is now $14.00. Public Works Administrator Rich Baier said the $2 figure
related to a very different project, under discussion in the early 1990's. Staff is examining
the issue in conjunction with the Storm water Utility Rate Study and expects to reduce the
fee to about $9.00.
PUBLIC HEARINGS
ITEM #8 - Public Hearina & First Readina Ords. #6298-98. #6299-98 & #6300-98 -
Vacating portion of 10' water main easement, 10' sanitary sewer easement & 10' utilities
and drainage easement, lying within M&B 31.02 & 31.04, Sec. 30-28-16 (University High
Equity Real Estate Fund II & TM Clearwater Realty, Ltd., V98-05HPW)
The applicant proposes to demolish the southern portion of the Kmart shopping
center at 26990 US 19 to construct a Lowe's store and parking lot. Existing City utilities
in the affected easements will be relocated. City infrastructure will be installed in new
easements dedicated when the plat is recorded. Public utilities and City departments have
no objections to this request.
Commissioner Hooper moved to approve the applicant's request to vacate a portion
~ of a 1 Q-foot water main easement, 10-foot sanitary sewer easement and a 1 O-foot utilities
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"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
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and drainage easement lying within M&B Tracts 31.02 and 31.04, Sec. 30-28~ 16. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6298-98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6298-98 on first reading. The motion
was duly seconded and upon roll ca\l, the 'vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
trNays": None.
The City Attorney presented Ordinance 6299~98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6299-98 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 6300-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6300-98 on first reading. The motion
'was duly seconded and upon roll call, the vote was:
"Naystr: None.
ITEM #9 - Public HearinQ & First ReadinQ Ords. #6304-98 & #6305~98 - Annexation & CH
Zoning for property located at 23055 US19N, Sec. 5-29-16, M&B 33.08 (John & Elizabeth
Prida, A98-20)
The applicant is requesting annexation to obtain City sewer service for an existing
gas station. The applicant will install and pay for a force main to an existing sewer line
approximately 250 feet north of the subject property. Plans for the force main have been
submitted for review subject to annexation approval. Central Permitting Planning
Administrator Sandra Glatthorn said the Planning and Zoning Board endorsed the request at
their meeting July 7, 1998.
Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Highway Commercial (CH) Zoning for property located at 23055 US19N,
Sec. 5-29-16, M&B 33.08. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6304-98 for first reading and read it by title
only. Commissioner Hooper moved to p~ss Ordinance 6304-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Nays": None.
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"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
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The City Attorney presented Ordinance 6305~98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6305-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
ttAyes": Johnson, Clark, Hooper, Seel, and Garvey
"Nayst1: None.
ITEM #10- Public Hearino & First Readina Ords. #6306-98 & #6307-98 - Annexation &
RS-B Zoning for property located at 1 614 Long St., Highland Pines, 1st Addition, Blk 7, Lot
7 & part of Lot 6 (Gabriel & Kristine Slater, A9B-21)
The applicant is requesting annexation to obtain City sewer service for a single
family residential property. Extension from an existing sewer at Long Street is required and
will be paid by the applicant. City Engineering staff will assist with drawing plans at no
cost to the applicant. The Planning and Zoning Board endorsed the request at their regular
meeting July 7, 1998.
Commissioner Hooper moved to approve the Petition for Annexation and Zoning
Atlas Amendment for property located at 1614 Long St., Highland Pines, 1 st Addition, Blk
7, Lot 7 & part of Lot 6. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 6306-98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6306~98 an first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayestt: Johnson, Clark, Hooper, Seel, and Garvey
t1Nays": None.
The City Attorney presented Ordinance 6307-98 far first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6307-98 on first reading. The motion
was duly seconded and upon rolJ call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
ttNays": None.
ITEM #11 - Public Hearing - Approve City of Clearwater's Fiscal Year 1998-99
Consolidated Plan {HUI
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The US Department of Housing and Urban Development requires all entitlement
communities to prepare an annual statement identifying sources and uses of federal
funding for housing, community and economic development, and to hold a public hearing
on proposed uses of funds under the Consolidated Plan. Funding recommendations result
from Neighborhood and Affordable Housing Advisory Board and Technical Review
Committee evaluations. These evaluations are part of the Citizen PartIcipation Plan
approved by the City Commission In March, 1995. Clearwater's Consolidated Plan
provides funding for public services, public facilities, housing rehabilitation, home
ownership, rental housing development, fair housing, and economic development. Funding
mcc0798 4 07/16/98
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for these activities comes from the Community Development Block Grant, HOME, and the
State Housing Incentive Partnership program. Consolidated Plan goals are to develop viable
neighborhoods, provide decent, safe, and affordable housing, and to expand economic
opportunities. Thirteen non-profit public agencies help achieve these goals.
Clearwater Housing and Urban Development Director Alan Ferri reported the plan for
this fiscal year is to notify the Federal government the City is requesting financing to
guarantee loans for projects increasing dayeare facilities and creating additional low income
housing. He reported the City currently is 500 slots short for needed day care; this will
increase to over 800 as the welfare to work initiative progresses. The proposed funding
recommendations will help address this need. He said the plan does not obligate the City
to apply for 108 housing, but notifies the Federal government of the intent to do so.
Four people representing Community Pride, Kimberly Home, Career Options, and
Homeless Emergency Project spoke in support of the plan. Mr. Ferri and his staff were
praised for help with grant applications and other assistance.
One person agreed with the need for additional child care, but objected to the
number of family and social service facilities being squeezed into south Clearwater near
Ross Norton Park.
Commissioner Clark moved to approve the City of Clearwater's Fiscal Year 1998-99
Consolidated Plan. The motion was duly seconded and carried unanimously.
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ITEM #12 - Public HearinQ - Find valid public purpose & declare surplus 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 SR586, between landmark Dr. & McMullen
Booth Rd. IPW)
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)(iH) 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 denied at the last
meeting with direction for staff to talk to FOOT regarding the pedestrian overpass proposed
to be constructed in conjunction with this project.
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Jack King, with FOOT. and Jeff Trim1 Project Designer, saId the subject parcel is
needed to enable construction of a pedestrian bridge, in response to requests of Curlew Creek
Elementary staff and parents concerned with children's safety. The MPO (Metropol!tan
Planning Organization) directed FOOT to include the overpass. Results of interactive
discussions among involved agencies regarding configuration alternatives, traffic, sight
mcc0798 5 07/16/98
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distance, child safety, cost, aesthetics, utilities, right-of-way issues, and impacts on
surroundings were reviewed. Overpass Scheme B1 was chosen because it would create no
sight distance problems and no impacts on the park. In response to questions, it was
indicated a switchback ramp would get the children closer to the school, away from
Landmark Drive. Without additional right-of-way, sufficient space for a ramp does not exist
south of Curlew Road.
One person expressed concern six lanes are excessive for this section of Curlew
Road.
Jim Miller, Pinellas County School Board Director of Real Property Management, said
since Curlew Creek Elementary School was constructed in 1 982, the School Board has
been working with Clearwater and Pinellas County an school safety issues. About 347
students live across Curlew Road and the overpass will help crossing a six-lane roadway.
He asked for the Commission's support, and requested the overpass be in the first phase of
construction so students can cross during road construction.
A question was raised whether the overpass can be constructed if a lawsuit is filed.
City Attorney Pamela Akin replied the Commission's action would be to transfer the
property. She said what happens at that point would be up to FOOT and their lawyers.
Seven people spoke in favor of the overpass, expressing concern for children's
safety and requesting support for the overpass project as proposed by FOOT.
e:) Attorney John LeRoux, representing Richard Baumgard, said using the park property
\..i is feasible. He has filed a lawsuit for conjunctive relief for his client. He stated the subject
property was conveyed far Curlew Road widening and any improvements adjacent to his
client's property should be made at grade. Discussion ensued regarding easement
documents and maps Mr. LeRoux said FOOT failed to consider when planning location for
the overpass. He encouraged looking at the existing sidewalk easement for construction of
the overpass.
Jack King replied regarding the need for expanding Curlew Road to six lanes, stating
traffic volume projections are for 44,000 cars per day in 20 years. If this plan is not
approved and the property not conveyed, the overpass will be pulled from the project but
road widening will go forward. In response to a question he said the decision whether or
not to proceed with a project after injunction is filed depends on the judge's ruling.
Rick Adair, with FOOT Project Development and Engineering, said he coordinated
with the Federal Highway Administration in 1993 regarding use of the park. Use of the
sidewalk easement would subject the project to the 4F process due to the Federal funding.
, It was determined the parks are protected and FOOT would have to show no alternatives
exist in order to use park property.
Commissioner Seel moved to rescind the Commission's previous action. The motion
was dUly seconded and carried unanimously.
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Commissioner Johnson moved to approve declaring as surplus for the purpose of
conveying title by Quit Claim Deed to the Florida Department of Transportation IFDOT) a
mcc0798 6 07/16/98
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parcel of City*owned right-af-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.
Commissioners Johnson, Clark, Seel, and Mayor Garvey voted" Aye"; Commissioner
Hooper voted IINay". Motion carried.
ITEM #13 - Public Hearina & First Readina Ord. #6302*98 - LDCA to allow FOOT to sign, in
lieu of the property owner, applications for variances to land development regulations,
conditional uses, and site plan reviews associated with Eminent Domain Takings of [and for
road improvements
The Florida Department of Transportation {FDOT) requested the proposed Land
Development Code amendment to allow FOOT to proceed smoothly and quickly when
necessary to process takings of land for roadway improvements. Staff recommends
approval now due to urgency of the request by FOOT. The Planning and Zoning board
declined to endorse the amendment at their regular meeting July 7, 1998, due to concerns
it appears to give unfair advantage to government regarding property owners' rights. It
was felt the property owner's signature, not FOOT's should be on the application. Planning
Administrator Sandra Glatthorn said the amendment would give the City more control in
the approval process.
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Concerns were expressed that non~conforming, undevelopable land would remain
after takings occur, unless the entire parcel is taken. The City Attorney said the goal is for
the property to remain usable. The amendment will not affect how much property is taken,
but how much FOOT has to pay. If variance is approved and the property is still usable the
amount to be paid would be less.
Richard Vickers, representing FOOT, said a condemning agency would not
necessarily take the whole property, but may have to pay for the whole property. The
proposed action would not be in lieu of the property owner, but with the property owner.
Negotiating a cure with a property owner gives certainty as to what is feasible and price of
the cure.
Commissioner Hooper moved to approve allowing FOOT to sign, in lieu of the
property owner, applications for variances to the land development regulations, conditional
uses and site plan reviews associated with Eminent Domain Takings of land for road
improvements. The motion was duly seconded.
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General discussion ensued regarding how the amendment would facilitate a project
without taking unneeded property. Concern was expressed many non.conforming
properties could be left: along Drew Street. In response to a question, the City Attorney
said it would be unusual to limit the ordinance to a particular roadway, such as US 19. The
City Manager said his experience in North Miami Beach was for FOOT to enter a tri-part
agreement with the property owner and the City on every project. Concerns were
expressed the ordinance devalues property, and takes away some of the property owner's
remedies, bargaining position, and options. The City Manger responded property owners
are clearly at a loss when taking occurs, but they are compensated and usually come out
better financially. When a business that has existed five years or more is taken for
transportation reasons, the business is paid damages.
mcc0798 7 07/16/98
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Upon the vote being taken, Commissioners Johnson, Hooper, Seel and Mayor
Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried.
The City Attorney presented Ordinance 6302-98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6302-98 on first reading. The
motion was duly seconded and upon roll call, the vote was: '
"Ayes":
Johnson, Hooper, Seel and Garvey
Motion carried.
The meeting recessed from 8:13 to 8:31 p.m.
ITEM # 14 - Public Hearino & First Readina Ord. #6303-98 - LDCA to allow transit shelters
with advertising
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The City of Clearwater negotiated a settlement with Eller Media which required the
City to consider and adopt an ordinance relating to transit sheiters and transit shelter signs.
Adoption of the proposed ordinance would: 1) require shelters on the same side of the
street to be placed 1000 feet apart; 2) allow shelters in commercial, office, or industrial'
zoning districts or on PST A routes adjacent to hospitals, schools, or other permitted
nonresidential uses in multifamily residential zoning districts; 3) allow back-lit signs on the
"downstream" end wall of the shelter, and limit signage area to 24 square feet; and 4) limit
number of shelters with advertising to a total of 50.
The City Attorney briefly related terms of the settlement agreement with Eller Media
for removal of Eller billboards not on US 19. It was noted Eller disagrees with the City
regarding what is a reasonable number of shelters with signage. Eller proposed 170, but
would agree to 90. The City amended the number to 50 on receipt and referral. The
agreement includes limitations as to where shelters can be located.
Todd Pressman, representing Eller Media, stated shelters will be built to serve those
that need them. He distributed packets of information, letters, and a petition in support of
the item. In response to questions, it was indicated PST A recently said currently
approximately 26 transit shelters exist in the City. It was indicated none of the
Commissioners oppose transit shelters; the concern is whether shelters have signage.
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Gwen Young, Attorney for Eller Media, said the original settlement agreement
placed no cap on the number of signs permitted, other than the number authorized by
PST A. She noted Eller Media is already limited by compliance to zoning regulations. She
felt 50 shelters would not meet the need, 150 shelters was a more reasonable number, and
suggested the Commission pass this ordinance in order to be consistent with the
settlement agreement. Florida Power can place power poles at the back corner of shelters
in most cases, shelters are illuminated at night and many will have telephones. It was
never Eller's intent to place shelters in residential neighborhoods except in limited locations
adjacent to hospitals and schools.
mcc0798 . 8 07/16/98
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Three people spoke in support of the item stating it will provide more bus shelters to
serve those who depend on public transportation. People with disabilities returning to the
job market need more shelters to protect them and their specialized equipment from
weather extremes. One person felt advertising on Largo bus shelters was done
attractively.
Five people opposed allowing signs on shelters due to concerns regarding setting a
precedent for others wanting to advertise in public rights.of-way and creating a safety
hazard by obstructing view for motorists and pedestrians. One speaker recommended
several text amendments.
Sean Olric, Eller Media Director of Public Affairs, stated Eller responded to an RFP
from PSTA and was awarded an exclusive contract to provide $2.5 million worth of
shelters. The shelters must meet standard building code and FOOT standards for
placement.
Discussion ensued regarding benefits of creating a City planning district to resolve
ambiguities regarding shelter locations in enclaves. In response to questions, the City
Attorney said the requirement that shelters be spaced 1,000 feet apart from other shelters
located on the same side of the street will apply to shelters placed in proximity to shelters
in enclaves. The planning district could not limit the number of shelters in enclaves, but
could count those with signage against the cap.
8
Discussion ensued regarding types of advertising that would be allowed. It was
stated PSTA's guidelines were very stringent. Concerns were expressed with the effect of
this decision on ongoing litigation with billboard companies. Some favored raising the cap
in light of the public's expressed need for more shelters. Others strongly supported
standing firm and strictly enforCing the City's sign code, especially in view of the aesthetic
nature of One City. One Future.
The City Attorney responded to questions, stating no lawsuits are pending. The 3M
corporation is waiting to see what happens with this item. Eller is not interested in putting
shelters in single family areas, but in multi-family areas near hospitals and schools.
Commissioner Johnson moved to deny allowing transit shelters with advertising.
There was no second.
Commissioner Clark moved to approve allowing transit shelters with advertising.
The motion was duly seconded.
Amendments were requested to have the cap apply in the City's planning district,
clarify when shelters can be located in multi.family zoning districts, and to gain Eller's
agreement for capping the number of shelters with signs at 50 before second reading. In
response to a question, the City Attorney said referencing the planning district will not be a
problem, but reiterated the number of shelters in unincorporated areas cannot be limited,
but those with advertising can count against the cap.
~
mcc0798
9
07/16/98
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Commissioner Clark agreed to amend the motion to amend the Ordinance at second
reading to include the City's planning area, clarification regarding location in multi-family
residential zoning districts, and to gain Eller's approval of the cap at 50 prior to second
reading. The seconder agreed. Upon the vote being taken, Commissioners Clark, Hooper,
and Seel voted "Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion
carried.
The City Attorney presented Ordinance 6303-98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6303-98 on first reading. The motion
was dUly seconded and upon roll call, the vote was:
II Ayes":
Clark, Hooper, and Seel
"Nays":
Johnson and Garvey
Motion carried.
ITEM #15 - (Cont. from 6/4/98) Public Hearinq & First Readino Ord. #6289.98 - CN Zoning
for property located at NE corner of intersection of Belleair Rd. and S. Ft. Harrison Ave.,
Oak Haven Sub., Lots 8-21 and Sec. 21-29-15, M&B 44.23 (proposed congregate care
facility use at 620 Belleair Rd.) (John A. lahars I Medec, 298-08)
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Rezoning the vacant site is requested to allow a 98-bed congregate care facility in a
district where such use is neither a permitted nor conditional use. The Planning and Zoning
Board approved a conditional use and endorsed the rezoning request at their regular
meeting June 2, 1998.
Applicants had requested a continuance of tonight's public hearing, but withdrew
the request prior to start of the meeting and were ready to make a presentation. Concerns
were expressed with proceeding with this item tonight, after having announced its
continuance.
Commissioner Clark moved to continue Item # 1 5 to August 6, 1 998. The motion
was duly seconded and carried unanimously.
Public Hearino - Second Readino Ordinances
ITEM #16 - Ord. #6284.98 . Annexation for property located 1,000 feet east of US19N
and north of Allen Creek, Sec. 29-29-16, M&B 22.01 and Sec. 20-29-16, M&B 33.07
(Allen Creek Properties, Inc. I Harbourside Realty Holding Co., A9S-16, LUP98-06)
The City Attorney presented Ordinance 6284-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 6284-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
o
"Nays":
None
mcc0798
10
07116/98
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ITEM # 17 - Ord. #6285~98 - MPD Zoning for property located 1,000 feet east of US 19N
and north of Allen Creek, Sec. 29-29-'6, M&B 22.01 and Sec. 20-29-16, M&B 33.07
(Allen Creek PropertIes, Inc. / Harbourside Realty Holding Co., A9S-16, LUP98-06)
The City Attorney presented Ordinance 6285-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance 6285-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
"Nays":
None
ITEM #18 _ Ord. #6286-98 - Land Use Plan Amendment to Residential Medium for property
located 1,000 feet east of US19N and north of Allen Creek, Sec. 29-29-16, M&B 22.01
and Sec. 20-29-16, M&B 33.07 (Allen Creek Properties, Inc. / Harbourside Realty Holding
Co., A98-16, LUP98-06)
The City Attorney presented Ordinance 6286-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 6286-98 on second
and final reading. 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 #19 - Ord. #6290-98 - Amending the Operating Budget for Fiscal Year ending
9/30/98
The City Attorney presented Ordinance 6290-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance 6290-98 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 #20 - 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 second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 6291-98 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
;--J
ITEM #21 - Ord. #6292-98 - Annexation for property located at 1818 Brentwood Dr., Lake
Lela Manor, 1 st Addition, Lot 7 lR. Brenton Howle, A98-17)
mcc0798 11 07/16/98
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The City Attorney presented Ordinance 6292-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance 6292-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
I'Nays":
None
ITEM #22 - Ord. #6293-98 - RS-4 Zoning for property located at 1818 Brentwood Dr.,
Lake Lela ManarI 1 st Addition, Lot 7 (R. Brenton Howie, A98-17)
The City Attorney presented Ordinance 6293-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 6293-98 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
, ,
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ITEM #23 - Ord. #6294-98 - Annexation for property located at 2715 SR580, Acker's
Sub., Blk 1, Lots 3, 4, & 15 (M. K. Real Estate Investment, Inc., A98-18)
"Nays":
None'
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The City Attorney presented Ordinance 6294-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance 6294.98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hooper, Seel and Garvey
,
., '
ITEM #24 - Ord. #6295-98 - 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)
The City Attorney presented Ordinance 6295-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 6295-98 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
CITY MANAGER REPORTS
CONSENT AGENDA (Items #25-38) - Approved as submitted less Item #37
w
mcc0798
12
07/16/98
1 ITEM #25 - Approval of Purchases per 6/25/98 memorandum:
Pitney Bowes Management Services, extension, process utility bills, mailing services,
temporary mail courier service & special mailing projects, award date through 9/30/99, est.
$75,000 (1M)
Wheeled Coach Industries, Inc., one 1999 Ford F-450 Type 1 Ambulance, to be used
throughout City by Fire Dept. EMS, $96,310; funding to be provided under City's Master
lease-Purchase Agreement (FO)
Dell Computer, Inc., misc. computer hardware, to be used by city departments upgrading
through Enterprise Network Phase II project, $130,306.36; funding to be provided under
City's Master lease-Purchase Agreement (1M)
-'~--
lawn and Landscape Service. extension, lawn & landscape maintenance throughout City,
award date through 6/30/99, est. $55,000 (PR)
Waste Collection Services, increase funding from $24.000 to $34,000, roll off removal
service during remaining portion of contract ending 9/30/98; increase necessary due to
greater than normal requirements caused by EJ Nino storm season (PW)
Golden Mark Maintenance, custodial service for MSB, Marina & Sailing Center, 8/1198-
7/31/99, est. $65,000 fGS)
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National Building Maintenance, custodial service for City Hall, Gas Operations Complex,
Gas Sales Office, Graphics Building & Marshall Street WPC Building, 8/1/98-7/31/99, est.
$40,000 (GS)
Sprint Telephone of Florida, purchase & installation of a Nortel Remote Cabinet PBX
Telephone System, to be used by General Services, est. $34,200; funding to be provided
under City's Master lease-Purchase Agreement (1M)
Gator Ford and Sterling Trucks, one 1998 Ford F-700 cab & chassis with Miller Wildcat
3500 welder, for use by CGS in Pasco County, $38,750; funding to be provided under
City's Master lease-Purchase Agreement (GS)
Diesel Energy Systems. Inc., extension, inspection & maintenance of generators used
throughout City by all departments, 10/1/98-9/30/99, est. $50,000 (GS)
Canoca Inc., extension, propane lfor resale), award date through 9/30/99, est. $175.000
(GAS)
ITEM #26 ~ Purchase two transnort-caooble Emergencv Medical Service rescue vehicles
from Wheeled Coach Industries, $303,990; authorize lease-purchase through City's lease-
purchase agreement (FO)
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ITEM #27 - Inter/ocal Aqreement for Fire Dept. participation in joint venture to study the
feasibility of providing Emergency Medical Services (EMS) transportation services
throughout PinellBs County, at a cost between $16,768 and $24,855 (FO)
mcc0798 13 07/16/98
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ITEM #37 - See Below
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ITEM #28 - Approve appropriation of approx. $996,820 from City's premium stabilization
fund for buyouts of union sick & vacation leave as agreed in negotiated contracts (HR)
ITEM #29 - Approve acceptance of 4-month ~rant for Fiscal Year 1997-98, for Clearwater
Pollee Geographic Information System (GIS), from the FDCAIDrug Control and System
Improvement Formula Grant Program, $13,471 (PO)
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ITEM #30 - Third Amendment to Aareement with Clearwater Shuffleboard Club, authorizing
City to make an interest free loan of $15,000 to the Club to be used to enclose an
additional 13 shuffleboard courts, at the Shuffleboard Complex at 1020 Calumet Street
(PR)
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ITEM #31 - Contract for Ross Norton Recroation Complex renovations to Clark & Logan,
Inc., for $88,867 which includes base bid and alternate #3 (PR)
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ITEM #32 - Contract for site develooment of Eddie C. Moore Park West to Keystone
Excavators, Inc., for $654,800.03, including 10% allowed for contingencies and approve
transfer of $73,000 at third quarter from other capital improvement projects (PR)
....
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ITEM #33 - Contract for 1998 Tennis Court Resurfacina to D&B Tennis Courts. Inc., for
$20,405 (PW)
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ITEM #34 - Lease with Head Start Child Develooment and Familv Services. Inc., city-owned
property at 701 N. Missouri Ave., New Country Club Addition, Blk B, Lot 12, and portion
of Blk C, 5 year term commencing upon lease approval, and granting Lessee one 5 year
renewal option, for total rent $1 and other good and valuable consideration (PW)Vouth
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ITEM #35 - Aareement for Lien - 1328 Parkwood St., Pine Ridge Sub., Blk A, Lot 17
(Benedict & Juliana Williams)(CA)
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ITEM #36 - Aqreement for Lien - 2724 Morningside Dr., Carlton Terrace 1 st Addition, Blk
H, Lot 9 (David J. Bratnick)(CA)
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ITEM #38 - Consent Order - State of Florida Department of Environmental Protection - to
limit the liability of IMR for existing environmental problems on the Annex Site (CAI
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Commissioner Clark moved to approve the conoent agenda as submitted less Item
#37, and authorize the appropriate offices to execute same. The motion was dulV
seconded and carried unanimously.
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ITEM #37 - Chi Chi Rodrinuez Foundation. Inc. - Seventh Amendment to Lease Agreement
and First Amendment to Continuing and Unconditional Guaranty (CA)
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The Chi Chi Rodriguez Youth Foundation, Inc. is refinancing their debt. In order to
do this the City must agree to continue its existing Guaranty and amend the lease
agreement. The amendments do not affect the term of the lease, length, or amount of the
mcc0798 14 07/16/98
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OTHER ITEMS ON CITY MANAGER REPORT
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Guaranty. The Chi Chi Rodriguez Youth Foundation, Inc. requests approval of the
amendments as outlined In the First Amendment to Continuing and Unconditional Guaranty
and the Seventh Amendment to the Chi Chi Rodriguez Lease Agreement.
The City Attorney stated approval needs to be contingent on issuance of the bonds.
Commissioner See I moved to approve Seventh Amendment to Lease Agreement and
First Amendment to Continuing and Unconditional Guaranty with Chi Chi Rodriguez
Foundation, Inc., contingent on issuance of the bonds. The motion was duly seconded and
carried unanimously.
ITEM #39 - AdoDt tentative millaae rate of 5.1158 mills for Fiscal Year 1998-99 and set
public hearings on the budget for 9/3/98 & 9/17/98 to be held no earlier than 6:00 p.m.
(BU)
8
In accordance with the TRIM Bill process, it is necessary for the City Commission to
adopt a tentative millage rate prior to finalizing and adopting the Budget. The tentative
millage rate will be included in the TRIM Bill notices sent to taxpayers in early August and
cannot be increased without special mailing. The City Manager's recommended millage
rate of 5.1158 mills is the same millage rate adopted for the current year. The rolled back
rate, according to State definition, is the millage rate which will provide the same ad
valorem tax revenue levied the prior year. If the recommended rate of 5.1158 mills is
adopted, the City's ordinance adopting the millage rate will reflect a 3.13% increase over
the rolled back rate of 4.9607 mils. Clearwater's share of property tax would be the same
percentage as any percentage of increase in individual property ta)( value. If an individual's
property tax value has not increased, no increase in Clearwater's share of property tax
would result. This will be the eighth consecutive year the millage rate remains at 5.1158
mills. The last millage rate increase was nine years ago in FY 1990/91.
Concerns were expressed that continuing to cut budget items in an attempt to keep
the same millage rate could be detrimental to the City. Discussion ensued regarding merits
of an ad valorem tax increase versus raising fees for services used by everyone.
Commissioner Clark moved to adopt a tentative millage rate of 5.1158 mills for
Fiscal Year 1998-99 and set public hearings on the budget for 9/3/98 & 9/17/98 to be held
no earlier than 6:00 p.m. The motion was duly seconded and carried unanimously.
ITEM #40 - Interlocal Acueement with Town of North Redinqton Beach; Res. #98-06 -
Accepting Franchise, Privilege & Concession of the Town of North Redington Beach,
Florida, for DurDose of furnishinq Clas within North Redington Beach and to its habitants,
and approving the Interlacal agreement related thereto; and Interlocal AQreement with
Town of RedinClton Beach; Res. #98-07 - Accepting Franchise, Privilege & Concession of
the Town of Redington Beach, Florida, for Duroose of furnishinq aas within Redington
Beach and to its habitants, and approving the interlocal agreement related thereto (GAS)
,~
The Towns of North Redington Beach and Redington Beach approved Interlocal
Agreements with the City of Clearwater to provide natural gas service to their citizens.
mcc07ge 15 07/16/98
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The interloca! agreements provide the City of Clearwater a 3D-year non-exclusive right to
supply natural gas service and to construct, operate and maintain all facilities necessary to
supply natural gas to the Towns. The Interlocal agreements provide for up to 5% franchise
fee to be paid by the natural gos consumers within these Towns.
Commissioner Johnson moved to approve and accept Interlocal Agreements/
Franchises with the Towns of North Redington Beach and Redington Beach, Florida, to
provide natural gas to tho Towns' citizens and that the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 98-06 and read it by title only.
Commissioner Johnson movod to pass Resolution 98-06 and authorize the appropriate
offices to execute same. The motion was duly seconded and upon roll call, the vote was:
ttAyes": Johnson, Clark, Hooper, Seel, and Garvey
UNaysU: None.
The City Attorney presented Resolution 98-07 and read it by title only.
Commissioner Seel moved to pass Resolution 98-07 and authorize the appropriate offices
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
ttNaysU: None.
ITEM #41 - First RoadinCl Ord. #6308-98 - Amending City's money purchase pension plan
to provide a new employee contribution category for the Chief of Pollee (HR)
The City of Clearwater currently contributes 6% of the Police Chief's salary to the
Money Purchase Pension Plan, and 6% of his salary to the 457 Deferred Compensation
Plan. Staff recommends amending the current ordinance to consolidate payments into one
12 % contribution Into the Money Purchase Pension Plan. The Chief of Police agrees with
tho recommendation. To facilitate the change, the City must adopt the First Amendment
of Section 6.1 of the Plan to require a contribution on behalf of the Chief of Police in the
amount of 1 2 % compensation. This revision establishes a new employee contribution
category for the Chief of Police. The recommended effective date of the action is
August 1, 1998.
Commissioner Seel moved to approve amending the City's money purchase pension
plan to provide a new employee contribution category for the Chief of Police. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance 630Bw98 for first reading and read it by title
only.' Commissioner Seel moved to pass Ordinance 6308-98 on first reading. The motion
was duly seconded and upon roll call, the vote was:
II Ayestt: Johnson, Clark, Hooper, Seel, and Garvey
UNaysn: None.
mcc0798
16
07/16/98
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ITEM #42 - First Readino Ord. #6309-98 - Increasing residential & commercial Stormwater
Utility rate by $1 per Equivalent Residential Unit (ERU) beginning 10/1/98 and establishing
a series of 4 subsequent 4.3 per cent increases to be effective 10/1/99, 10/1/2000,
1011/2001 & 10/1/2002 (PW)
Increasing the residential and commercial Storm water Utility rate is necessary to
provide funding for $30 mll110n of capital improvement projects to abate severe street and
in-structure flooding, Improve water quality, add, restore or upgrade stormwater
Infrastructure, and comply with mandated changes in operating, maintenance, and
reporting requirements. The current $3.00 per ERU rate has not been increased since the
Stormwater Utility was established January 1, 1991. Burton and Associates has
completed a Stormwater Utility rate study to cover five years of operations. Of the
scenarios presented by the Burton Rate Study, the following results in the lowest ending
rate per ERU on October 1, 2002:
,Effective Date
10/01/98
10/01/99
10/01/00
10/01/01
10/01/02
Rate Der ERU
$4.00
$4.17
$4.35
$4.54
$4.73
Increase
$1.00
.17
.18
.19
.19
A presentation given during Monday's work session illustrated the need to alleviate
flooding, meet Federal requirements, and implement approved projects. Benefits were
reviewed with regard to flood protection, permit compliance, erasion, maintenance, water
quality, and habitat restoration.
Commissioners acknowledged the need to correct flooding problems. Discussion
ensued regarding use of the stormwater utility fee for projects originally slated for Penny
for Pinellas funding. It was indicated Kapok Mobile Home Park needs to come back for full-
blown discussion of issues associated with flooding mitigation. It is hoped putting in same
City dollars will help leverage the issue with the County, because the project is crucial to
the flooding solution.
Commissioner Johnson moved to approve increasing the residential & commercial
Stormwater Utility rate by $1 per Equivalent Residential Unit IERU) beginning 10/1/98, and
establishing a series of four subsequent 4.3% increases, effective 10/1/99, 10/1/2000,
10/1/2001 & 10/1/2002. The motion was duly seconded.
Environmental Advisory Board representative Anne Garris read a motion expressing
the board's reluctance to recommend a fee increase.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Ordinance 6309-98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6309-98 on first reading. The
motion was duly seconded and upon roll call, the vote was:
" Ayesll: Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
mcc079B
17
07/16/98
,1
ITEM #43 ~ First Readina Ord. #6310-98 ~ increasing domestic water, lawn water &.
wastewater collection utility rates by 3.0 per cent beginning 10/1/98 and establishing an
annual rate adjustment beginning 10/1/99 not to exceed 3.5 per cent based on the Price
Index for Water and Wastewater Utilities established each year by the Florida Public
Service Commission (PW)
Increasing domestic water, lawn water, and wastewater collection utility rates is
necessary to provide funding to maintain compliance with debt service coverage
requirements, and for $53.9 million of capital improvement projects to expand the
reclaimed water system and upgrade the water pollution control system because of aging
facilities and regulatory requirements. The City Manager increased domestic water and
Jawn water rates in October, 1995, due to increased cost of purchased water from Pinel/as
County. The last increase for wastewater collection utility rates was by ordinance in 1992.
Burton and Associates has completed a water and wastewater collection utility rate study
to cover five years of operations. The study recommends a 3 % rate increase effective
October 1, 1998, with annual rate adjustments based on price indexing thereafter. Rate
increases based on the annual price index for water and wastewater utilities established by
the FPSC (Florida Public Service Commission) are capped at 3.5%. Any increase in excess
of the rate change determined using the price index must be approved by the Commission.
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in response to questions, it was indicated reclaimed water user fees will pay for the
cost of the water. Staff was comfortable the recommended amount of increase will be
adequate if the City gets out of the water business and goes to a County water system in
the future.
Commissioner Seel moved to approve increasing domestic water, lawn water &
wastewater collection utility rates by 3 % beginning 10/1/98 and establishing an annual
rate adjustment beginning 10/1/99 not to exceed 3.5% based on the Price Index for Water
and Wastewater Utilities established each year by the Florida Public Service Commission.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6310-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 631 O~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 #44 - Res. #98~23 - endorsing application of Project 980527 and committing City to
refund 10% of eligible tax refund upon certification by Enterprise Florida (ED)
......)
The Florida Legislature created Florida Statues, Section 288.106 to encourage
growth of Florida's high~wage, value-added employment. The program is commonly known
as the Qualified Target Industry IQTI) Tax Refund Program. This law authorizes Enterprise
Florida to accept, review and approve applications for tax refunds to qualified target
mecD79S 18 07/16/98
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industry businesses. A business receives a tax refund for each new job created. Project
980527 wishes to relocate Its corporate office to a single tenant office building and
projects hiring 147 employees during the next five years. The aTI program tax refund may
not exceed $5,000 per employee. A aTI business may not receive refund payments of
more than 25 % of the total eligible taxes that were paid by such business as specified in
the tax refund agreement in any fiscal year. Twenty percent local financial participation is
required, which breaks down to 10% City of Clearwater and 10% Pinellas County. Under
the full scenario, the City's maximum funding will be $73,500 over five years. It is not
anticipated that this will have a fiscal impact during this fiscal year. A funding source will
be identified next fiscal year.
Assistant City Manager Bob Keller announced Project 980527 is Lineare, a company
1 already operating in Clearwater. This contract came out of the visitation program.
Commissioner Clark moved to approve endorsing application of Project 980527 and
committing the City to refund 10% of eligible tax refund upon certification by Enterprise
Florida. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 98-23 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution 98-23 and authorize the
appropriate offices to execute same. The motion was duly seconded and upon roll call, the
vote was:
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I1Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
ITEM #45 - Res. #98-24 - supporting submittal of application to Main Street Program of the
Florida Department of State, Division of Historical Resources, Bureau of Historic
Preservation (ED)
The Florida Department of State, Division of Historical Resources, Bureau of Historic
Preservation Main Street Program was created to assist Florida communities in developing
public-private efforts to revitalize their "Main Street" area. Each year the Secretary of
State selects a number of communities to participate in the program. The Main Street
program application is an immediate action item identified in One City. One Future. The
Main Street program will provide the vehicle for the Community Redevelopment Agency
(CRA), Downtown Development Board IDDB), the Clearwater Chamber of Commerce
Central Area Council, Downtown Clearwater Merchants Association (DCMA), and the
Clearwater Beautification and Development Association (CBDA) to work together to
achieve the goals for downtown.
Mr. Keller said non-substantive errors in the resolution will be corrected by the time
the resolution is signed.
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07/16/98
CITY ATTORNEY REPORTS
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, Commissioner Johnson moved to approve submittal of an application to the Main
Street Program of the Florida DepartrT1ent of State, Division of Historical Resources, Bureau
of Historic Preservation. The motion was duly seconded and carried unanimously.
, The City Attorney presented Resolution 98-24 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution 98-24 with changes by staff,
and authorize the appropriate offices to execute same. The motion was duly seconded and
upon roll cail, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
ITEM #46 ~ Beautification Committee - 1 appointment (eLK)
Commissioner Johnson moved to appoint Jean Stuart. The motion was duly
seconded and carried unanimously.
ITEM #47 - Other Pendina Matters - None.
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ITEM #48 - Other Citv Attornev Items - None.
ITEM #49 - Citv Manaaer Verbal Reports
The City Manager said all 30 Clearwater firefighters sent to help put out wildfires on
Florida's west coast have returned safely. He commended the Fire Department, officers
and firefighters who stepped up and worked so hard under terrible conditions, stating they
are a credit to the organization. It was noted central Florida theme parks invited the
firefighters for complimentary recreation.
ITEM #50 - Other Commission Action
Commissioner Seel complimented Public Works Administration on the nice
comments received regarding Highland Avenue from Alan B~mstein. She also
complimented the City Manager on 150 Ways to Celebrate Clearwater. She said she
would place in the Commission read file an article regarding South Beach. She alerted the
public of a new program in which the City is loaned artwork to place in public facilities.
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Commissioner Johnson questioned the status of the house at Rainbow Drive and
Hercules Avenue. The City Attorney reported, while a lot more needs to be done,
improvement has been made; water and sewer are back on. Concerns were expressed
regarding the water in the pool. The City Attorney will check. Commissioner Johnson
suggested printing 150 ways to Celebrate in the Clearwater magazine. Mayor Garvey
suggested It be in Right Downtown as well.
mcc0798 20 07/16/98
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The meeting adjourned at 10:44 p.m. '
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Commissioner HoaDer reported the Federal House passed a 3.year moratoriu'm on
sales tax on Internet'transactions; the Senate is considering' a 6-year moratorium.
Commissioner Clark wished Commissioner Seel a "Happy Birthday."
Mavor Garvev expressed pleasure at how quickly the Drew Street construction
, projects seem ta be rea,c~ing completion. ,She reported the Police Department will be '
" targeting a different intersection each week to crack down on running of red lights.
ITEM #51 - Adjournment
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mcc0798
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07/16/98
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