08/06/1998 (2)
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COMMISSION
City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, August 6, 1998 - 6:00 P.M. - Commission Chambers
1. Father Edward J. Mulligan, St. Brendan's
Catholic Church.
2. Mayor.
3. None.
4. None.
5. None.
6. Approved as submitted.
Steohenado Manoinotti requested more bike and pedestrian facilities. He requested limbs overhanging
sidewalks be trimmed and that curb cuts be made.
Lois Cormier expressed concerns regarding staff changes being made.
James Hadley introduced a new group "Citizens for a Stable Community" that has been formed due to
concerns regarding the year 2000 situation.
Chester Buetner requested additional Police protection in the Industrial Park area.
Tom Arnolds. Bill Beavers. Larry Flutie and Scott Wilson spoke in favor of the traffic calming proposals
for the Northwood Estates area.
Ed HOQan spoke in opposition to the traffic calming proposals in Cypress Bend.
Mary Holland HodQe suggested changes to the proposal. requesting the traffic islands not be put on
Winding Wood or Cypress Bend but to start them on Haverhill.
· Commission direction to put the traffic calming issue on the next agenda.
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations
6. Approval of Minutes - Regular Meeting
7/16/98
7. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
8. (Cont. from 6/4 & 7/16/98) Public Hearing &
First Reading 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, Z98-08)(CP)
9. Variance(s) to Sign Regulations for property
located at 1454 Belleair Rd., Sec. 23-29-15,
M&B 33.02 (Central Church of Christ of
Clearwater, Inc., SV98-12HCP) - Staff
request to Continue
10. Variancels) to Sign Regulations for property
located at 14 Idlewild St., Clearwater Beach
Revised, Blk 3, Lots 1, 13-1 5 & west % of
Lot 1 2 (Haddon House Inn, Inc., SV98-
13)(CP) - Staff request to Continue
U8/6/98
8. Approved. Ord. #6289-98 passed 1st
reading.
9. Continued.
10. Continued.
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Public Hearing - Second Reading Ordinances
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11. Ord. #6298-98 - Vacating portion of 10'
water main easement lying within M&8
31.02 & 31.04, Sec. 30-28-16 (University
High Equity Real Estate Fund II & TM
Clearwater Realty, Ltd., V98-05)
12. Ord. #6299-98 - Vacating portion of 10'
sanitary sewer easement lying within M&B
31.02 & 31 .04, Sec. 30-28-16 (University
High Equity Real Estate Fund II & TM
Clearwater Realty, Ltd., V98-05)
13. Ord. #6300-98 - Vacating portion of 10'
utilities and drainage easement, Iving within
M&B 3: 1 .02' & 31 .04, Sec. 30-28-16
(University High Equity Real Estate Fund II &
TM Clearwater Realty, Ltd., V98-05) .
14. Ord. #6302-98 - LOCA 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 Taking of land for road
8 improvements .
15. Ord. #6303-98 - LOCA to allow transit
shelters with advertising
16. Ord. #6304-98 - Annexation for property
located at 23055 US19N, Sec. 5-29-16,
M&B 33.08 (John & Elizabeth Prida, A9B~20)
17. Ord. #6306-98 * CH Zoning for property
located at 23055 US 19N, Sec. 5-29-16,
M&B 33.08 (John & Elizabeth Prida, A98-20)
18. Ord. #6306-98 - Annexation for property
located at 1614 Long St., Highland Pines, 1 st
Addition, Blk 7, Lot 7 & part of Lot 6 (Gabriel
& Kristine Slater, A98-21)
19. Ord. #6307-98 - RS-B Zoning for property
located at 1614 Long St., Highland Pines, 1 st
Addition, Blk 7, Lot 7 & part of Lot 6 (Gabriel
& Kristine Slater, A98-21)
20. Ord. #6308-98 - Amending City's money
purchase pension plan to provide a new
employee contribution category for the Chief
of Pollee
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11. Ord. #6298-98 adopted.
12. Ord. #6299-98 adopted.
13. Ord. #6300-98 adopted.
14. Ord. #6302-98 adopted.
15. Ord. #6303-98 adopted as amended.
16. Ord. #6304-98 adopted.
17. Ord. #6305~98 adopted.
18. Ord. #6306-98 adopted.
19. Ord. #6307-98 adopted.
20. Ord. #6308-98 adopted.
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t-Y 1. Ord. #6309~98 ~ increasing residential & . 21. Ord. #6309-98 adopted.
... commercial Storm water 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 10/1199, 10/1/2000, 10/1/2001 &
10/1/2002
22. Ord. #6310-98 - increasing domestic water, 22. Ord. #6310-98 adopted.
lawn water & wastewater collection utility
rates by 3.0 per cent beginning 10/1198 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
CITY MANAGER REPORTS
CONSENT AGENDA (Items #23-31) - Approved as submitted. .
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
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Aooroval of Purchases & Declaration of Surplus per 7 /13/98 memorandum:
Heuer Utility Contractors, Inc., first extension, installation polyethylene gas mains & service lines
in Pinellas County, 8/7/98-9/30/99, est. $675,000 (GAS) .
Heuer Utility Contractors, Inc., first extension, installation of house piping to meet customer
requirements in support of gas sales & operations, 8/7/98-9/30/99, est. $60/000 IGAS)
Dell Computer, Inc., misc. computer hardware to be used by Utility Customer Service, $29,436;
funding to be provided under City's Master lease-Purchase Agreement (1M)
Professional Psychological Services (PPS), extension, employee mental health/substance abuse
services, 1/1/99~ 12/31/99, est. $170/000 (HR)
Natural Resources Planning Services, Inc., complete final phase City Street Tree Inventory,
increase award from $6,200 to $21,200 (PW)
Aerial Restoration Contractors, reconstruction wear surface of north wall of west pit of Solid
Waste Transfer Station, $27,354 (SW) .
American Welding Company, fabrication of replacement packing housing for west pit of Solid
Waste Transfer Station, $74,004 (SW)
Hughes Supply, Inc., misc. water & sewer supplies to be used by all divisions of Public Works
Complex, 8/30/98-9/30/99, est. $50,000 (PW)
American Bulk Conveying, Inc., compactor to be used at Marshall Street WPC facility, $29,672
(PW)
U.S. FllterlDavis Inc., extension, double detector check valves to be used throughout City's
water system by Public Works/. 8/15198-8/14/99, est. $62,000 (PW)
JS/6/98
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Declare it.ems surplus to City needs & authorize disposal through donation to public schools &
other charitable organizations as approved by City Manager, or disposal by Solid Waste; all items
are of est. value of less than $100 and are not considered economically feasible to send to
auction
Contract for health insurance, extension, with Prudential HealthCare, Inc., under a fully insured
arrangement for 111/99-12/31/99, est. $3,855,196 (HR)
Approve continued use of Premium Stabilization Fund to offset * of biweeklv premium for
employees with 2 or more dependents for 1/1/99-12/31/99, est. $173,952 resulting in -0-
increase in employee health insurance deductions for 1999 calendar year IHR)
Addendum No.1 to Agreement with School Board of Pinellas County, providing for continuation
of School Resource Officer Program for 1998-99 school year, at Clearwater High School &
,Countryside High School IPO)
Landscaping & utility easement - Part of Lot 7 & 39, Blk A, Barbour Morrow Sub. (Huntington
National Bank)(CA)
Third Amendment to Development Agreement - Sale of Atrium at Clearwater Property (eA)
ReceiptlReferral - Relating to LDC; amending Sec. 35.11, various sections in Ch. 40, & 41.053;
and creating Sec. 41.281 to establish standards for the siting, design, maintenance, and use of
telecommunications towers and antennas (CA)
Request for attorneYlclient session on 9/3/98 at 5:00 p.m. regarding Ewa Skowronek vs City of
Clearwater; Clearwater Police Department; and John Smith (CA)
Change the November 30, 1998 Worksession to December 7, 1998; Change the December 3,
1998 City Commission Meeting to December 10, 1998; and Cancel the January 4, 1999
Worksession and the January 7, 1999 City Commission Meeting
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26.
27.
28.
29.
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31.
OTHER ITEMS ON CITY MANAGER REPORT
32. Authorize City Attorney to execute a contract
with Siemon, Larsen & Marsh to provide
professional services relating to the
redevelopment and revitalization of
Clearwater Beach and Downtown Clearwater
for $445,900 over two fiscal years (CM)
33. Res. #98~36 - authorizing execution of a
Joint Project Agreement with FOOT providing
for reimbursement to the City of $214,104
for the City to install decorative signal
assemblies along SR60 in keeping with
revitalization of Gulf to Bay corridor (PW)
34. City Manager Employment Agreement (CM)
32. Authorized.
33. Approved Res. #98-36 adopted.
34. Approved less increase to deferred
compensation.
35. Katherine Merriam appointed.
36. None.
35. library Board - 1 appointment (eLK)
36. .Other Pending Matters .
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CITY ATTORNEY REPORTS
37. Res. #98-25 - Demolition Lien ~ 301 S. 37. Res. #98-25 adopted.
Washington Ave., Mac Dixsons First
Addition, Lot 25 (Jonas & Dorothy
Merricks)
38. Res. #98-26 - Assessing property owners the 38. Res. #98-26 adopted.
, costs of having mowed or cleared owners'
lots
39. Res. #98-29 - Demolition Lien ~ 804 39. Res. #98-29 adopted.
Pennsylvania Ave., Pine Crest Sub., Blk 5,
Lots 3 & 4 (Larry Bunting)
40. Other City Attorney Items 40. Other City Attorney Items
,a) Settlement Proposal - Clearwater Bay
Marina
b)' Settlement Proposal - Katy Timm
a)
Approved.
b)
Approved.
Commission authorized filing an amicus brief in Sarasota's Traffic Calming suit.
41. City Manager Verbal Reports
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City Manger requested a meeting to discuss the proposed budget. Meeting set for 8/25/98 at
9:00 a.m.
Other Commission Action
Garvev announced the groundbreaking for the IMR project occurred earlier today and welcomed
IMR to the City of Clearwater
Clark echoed the Mayor's sentiments and said it was a great day for the City.
Clark stated retiring Harbormaster Bill Held has done a wonderful job at the Marina and wished
him "fair winds and following seas."
Hooper echoed Commissioner Clark's sentiments.
Hooper questioned the information regarding the crossing guards needed for the next school year.
Staff will follow up.
Hooper questioned if any action will be taken on the Mayor of Indian Shores request that
Veterans' Day be declared a school holiday. No interest expressed.
Seel requested when a group invites the Commission and/or staff to a meeting regarding a
neighborhood issue that the meeting become a City neighborhood meeting with all involved being
invited.
Seel requested a decision be made regarding the beach swimming pool and if the decision is not
to proceed that the $500,000 taken from the unappropriated retained earnings be returned to
that fund.
Seel wjshed the City Manager a "Happy Birthday" tomorrow.
Garvev requested consideration of seeing what needs to be done to require licensing and operator
training before an individual can operate a jet ski.
43. Adjournment - 9:15 p.m.
OS/6/98
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CITY COMMISSION MEETING
CITY OF CLEARWATER
August 6, 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
Gwen Legters
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney .
City Clerk
Board Report.er
;r.
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Father Edward Mulligan. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards - None
ITEM #6 - Minutes Aooroval
Commissioner Johnson moved to approve the minutes of the regular meeting of July
16, 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 ra items not on the AQenda
Stephen ado Manginotti requested more bicycle and pedestrian facilities. He
expressed concern regarding unrestrained dogs on the beach. He requested limbs
overhanging sidewalks be trimmed and that curb cuts be made.
Lois Cormier expressed concern regarding staff changes being made.
James Hadley introduced a new group, IICitizens for a Stable Community," that has
been formed due to concerns regarding the year 2000 situation.
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08/06/98
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Chester Buettner requested additional police protection in the Industrial Park area.
Tom Arnolds, Bill Beavers, Larry Flutie, and Scott Wilson supported traffic calming
proposals for the Northwood Estates area. Ed Hogan opposed traffic calming proposnls in
Cypress Bend. Mary Holland Hodge suggested changes to the proposal, requesting traffic
islands not be put on Winding Wood Drive or Cypress Bend Drive, but to start them on
Haverhill Drive.
The Commission directed staff to agenda the traffic calming issue for the next City
Commission meeting and to notify the neighborhood by putting up a sign. Staff was
requested to include information related to vehicle speeds and traffic count in the
presentation.
PUBLIC HEARINGS
ITEM #8 - (Cont. from 6/4 & 7/16/98) Public Hearina & First Readina 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 / Medec, Z98.0B)(CP)
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Applicants are requesting a zoning change from Commercial General (CG) to
Neighborhood Commercial (CN) for a proposed 9a-bed congregate care facility on a vacant
site. On June 2, 1998, the Planning and Zoning Board endorsed the proposed zoning atlas
amendment. A conditional use for the congregate care facility was approved, subject to
Commission approval of the rezoning request.
Mike Gaylor, representing the applicant, noted the proposed rezoning is less
intensive than what currently exists. He reviewed location, history, traffic conditions,
aesthetics, environmental, and infrastructure issues associated with the site. He
highlighted the plan to construct a gated facility consisting of eight separate single story
residential structures. He noted the project is low intensity, has low impervious area,
saves trees, and is consistent with the City's needs and requirements.
John LeRoux, attorney representing Peppermill Restaurant owners David and Nancy
Lowery, expressed concern regarding compatibility of the proposed use with its
surroundings. He requested postponing a decision on the rezoning request pending a
decision on vacation of Bryant Avenue.
City Attorney Pam Akin indicated the Commission may act on the rezoning request
prior to the road vacation as the rezoning is not tied to a site plan.
Two persons spoke in support of an assisted Jiving facility at this location.
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Commissioner Johnson moved to approve the requested CN zoning for property
located at the northeast corner of the intersection of BeUeair Road and South Ft. Harrison
Avenue, Oak Haven Sub., Lots 8-21 and Section 21-29-15, M&B 44.23. The motion was
duly seconded. Upon the vote being taken, Commissioners Johnson, Clark, Hooper and
Mayor Garvey voted "Ayo"; Commissioner Seel voted ItNay/' Motion carried.
The City Attorney presented Ordinance 6289.98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6289-98 on first reading. The motion
was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, and Garvey.
"Nays": Seel.
Motion carried.
ITEM #9 - Variancels1 to Sian ReClulations for property located at 1454 Belleair Rd., Sec.
23-29-15, M&B 33.02 (Central Church of Christ of Clearwater, Inc., SV98-12HCP)
Commissioner Hooper moved to continue Item #9. The motion was duly seconded
and carried unanimously.
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ITEM #10 - VarianceCst to Sian ReQulations for property located at 14 Idlewild St.,
Clearwater Beach Revised, Blk 3, Lots 1, 13-15 & west % of Lot 12 (Haddon House Inn,
Inc., SV98-13)(CP)
Commissioner Hooper moved to continue Item #10. The motion was duly seconded
and carried unanimously.
Glenn Storr requested to be notified when this item comes back.
Public Hearing ~ Second Reading Ordinances
ITEM #11 - Ord. #6298-98 - Vacating portion of 10' water main easement lying within
M&B 31.02 & 31 .04, Sec. 30-28-16 (University High Equity Real Estate Fund II & TM
Clearwater Realty, Ltd., V98-05)
The City Attorney presented Ordinance #6298-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6298-98 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 #12 - Ord. #6299-98 - Vacating portion of 10' sanitary sewer easement lying within
M&B 31.02 & 31.04, Sec. 30-28-16 (University High Equity Real Estate Fund II & TM
Clearwater Realty, Ltd., V98-05)
The City Attorney presented Ordinance #6299-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6299-98 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 #13 - Ord. #6300-98 - Vacating portion of 10' utilities and drainage easement, lying
within M&B 31.02 & 31.04, Sec. 30-28-16 (University HiOh Equity Real Estate Fund II &
TM Clearwater Realty, Ltd., V98-05)
The City Attorney presented Ordinance #6300-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6300-98 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 #14 - Ord. #6302-98 - LOCA 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 Taking of land for road improvements
The City Attorney presented Ordinance #6302-98 for second reading and read it by.
title only. Commissioner Hooper moved to pass and adopt Ordinance #6302-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Hooper. Seel and Garvey
"Nays": Clark.
Motion carried.
ITEM #15 - Ord. #6303-98 - LDCA to allow transit shelters with advertising
The City Attorney presented Ordinance #6303-98 for second reading and read it by
title only. She reviewed amendments requested at the July 17, 1998 Commission
meeting.
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Gwen Young, attorney representing Eller Media, confirmed Eller agrees with the
amendments as presented.
Seven persons spoke in opposition to allowing advertising on transit shelters.
One person spoke in favor of the proposal.
In response to questions, the City Attorney said Eller is allowed to remove bus
shelters with PST A approval, and may relocate shelters for PST A. She said Section
41. 181(c}4 establishes the planning district.
Todd Pressman, representing Eller, said Eller has come forward with a public private
partnership supported by many people in the community.
Ms. Ulrich, Eller Director of Public Affairs, responded to questions regarding
maintenance. Eller is required to perform routine maintenance twice a week and empty
trash four times per week. The Eller imprint on shelters is required by PST A to enable Eller
to be notified when attention or repair is needed. Shelter design follows PSTA standards.
Concerns were expressed the ordinance violates the City's vision statement and
promotes visual pollution instead of beautification. Commissioners were strongly urged to
rethink having more signs on Gulf.To-Bay Boulevard and to deny the ordinance.
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In response to questions, the City Attorney said Charles Siemon drafted the
settlement agreement. Discussion ensued regarding the number of billboards/sign faces
remaining east of US19, status of negotiations, billboard removal rate, procedures, and
penalties. It was reiterated Eller has agreed to limit the number of shelters with signs to
50.
Commissioner Seel moved to amend Ordinance #6303-98 as follows:
On page 4, at the end of Section 41 .181 (3) (b) 1, in the 2nd line add a semicolon after
I'district" and at the end of the section insert the following sentence: "No transit shelters
with advertising shall be permitted in single-family residential zoning districts'"
On page 4, in Section 41.181 (3Hb)3, change "approved by" to "on"
On page 5, in Section 41.181 (c)(4), add "the" between Jlwithin" and "Clearwater"
and change "city limits" to "planning area".
On page 7, in Section 41.181 (3)(e), after "nuisance", change", and" to ", Shelters".
On page 7, in Section 41.181 (41, add "with advertising" after "shelters" in line 1
and after "shelter" in line 2.
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The motion was duly seconded.
, Discussion resumed regarding the remaining number of billboard faces, structures,
and locations. It was Indicated having transit shelters is a quality of life issue for those
who depend on buses for transportation.
The negative impact of signs on shelters was noted and it was suggested shelters
without signs be put in the capital improvement budget.
Upon the vote being taken, Commissioners Clark, Hooper, and Seel voted "Aye";
Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried.
Commissioner Seel moved to pass and adopt Ordinance #6303~98 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, and Seel
"Nays": Johnson and Garvey.
Motion carried.
The meeting recessed from 8:04 to 8: 1 8 p.m.
fit
ITEM #16 - Ord. #6304-98 - Annexation for property located at 23055 US19N, Sec. 5-29-
16, M&B 33.08 (John & Elizabeth Prida, A98-20)
The City Manager presented Ordinance #6304-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6304-98 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 #17 - Ord. #6305-98 - CH Zoning for property located at 23055 US19N, Sec. 5-29-
16, M&B '33.08 (John & Elizabeth Prida, A98-20)
The City Attorney presented Ordinance #6305-98 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6305-98 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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. l1EM #18 - Ord. #6306-98 - Annexation for property located at 1614 long St., Highland
Pines, 1.st Addition, Blk 7, Lot 7 & part of lot 6 (Gabriel & Kristine Slater, A98-21)
The City Attorney presented Ordinance #6306-98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6306-98 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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,
ItNays": None
ITEM #19 - Ord. #6307-98 - RS-8 Zoning for property located at 1614 long St., Highland
Pines, 1 st Addition, Blk 7, Lot 7 & part of lot 6 (Gabriel & Kristine Slater, A98-21)
The City Attorney presented Ordinance #6307.98 for second reading and read it by
title only. Co~missioner Hooper moved to pass and adopt Ordinance #6307-98 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. #6308-98 - Amending City's money purchase pension plan to provide a
new employee contribution category for the Chief of Police
The City Attorney presented Ordinance #6308-98 for second reading and read it by
title only. Commiss;ioner Johnson moved to pass and adopt Ordinance #6308-98 on
second and final reading. The motion was duly seconded and upon roll calli the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
IINays": None
ITEM #21 - Ord. #6309-98 - increasing residential & commercial Stormwater Utility rate by
$1 per Equivalent Residential Unit IERU) beginning 10/1/98 and establishing a series of 4
subsequent 4.3 per cent increases to be effective 1011/99, 10/1/2000, 10/1/2001 &
10/1/2002
The City Attorney presented Ordinance #6309-98 for second reading and read it by
, title only. .
Cart Carter expressed concern lake Hobart is developing silt deposits, weeds, grass,
and algae. He requested the City to consider not dumping starmwater runoff Into the lake,
or closer water quality monitoring.
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Commissioner Hooper moved to pass and adopt Ordinance #6308-98 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 #22. 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
The City Attorney presented Ordinance #6308-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6308-98 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
N Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None
CITY MANAGER REPORTS
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CONSENT AGENDA (Items #23-31) - Approved as submitted
ITEM #23 - Aporoval of Purchases & Declaration of Surplus per 7/13/98 memorandum:
Heuer Utility Contractors, Inc., first extension, installation polyethylene gas mains & service
lines in Pinellas County, 8/7/98-9/30/99, est. $675,000 (GAS)
Heuer Utility Contractors, Inc., first extension, installation of house piping to meet
customer requirements in support of gas sales & operations, 8/7/98.9/30/99, est. $60,000
(GAS)
Dell Computer, Inc., misc. computer hardware to be used by Utility Customer Service,
$29,436; funding to be provided under City's Master Lease-Purchase Agreement (1M)
Professional Psychological Services (PPS), extension, employee mental health/substance
abuse services. 1/1/99-12/31/99, est. $170,000 (HR)
Natural Resources Planning Services, Inc., complete final phase City Street Tree Inventory,
increase award from $6,200 to $21,200 (PWI
Aerial Restoration Contractors, reconstruction wear surface of north wall of west pit of
Solid Waste Transfer Station, $27,354 (SW)
mcc08a98
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Commissioner Hooper moved to pass and adopt Ordinance #6308-98 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 #22 - 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
The City Attorney presented Ordinance #6308-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6308-98 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
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CONSENT AGENDA (Items #23-31) - Approved as submitted
ITEM #23 - Aporoval of Purchases & Declaration of Surplus Der 7/13/98 memorandum:
Heuer Utility Contractors, Inc., first extension, installation polyethvlene gas mains & service
lines in Pinel/as County, 8/7/98-9/30/99, est. $675,000 (GAS)
Heuer Utility Contractors, Inc., first extension, installation of house piping to meet
customer requirements in support of gas sales & operations, 8/7/98-9/30/99, est. $60,000
(GAS)
Dell Computer, Inc., misc. computer hardware to be used by Utility Customer Service,
$29,436; funding to be provided under City's Master Lease-Purchase Agreement (1M)
Professional Psychological Services lPPS), extension, employee mental heaJth/substance
abuse services, 1/1/99-12/31/99, est. $170,000 IHR)
Natural Resources Planning Services, Inc., complete final phase City Street Tree Inventory,
increase award from $6,200 to $21,200 (PWI
Aerial Restoration Contractors, reconstruction wear surface of north wall of west pit of
Solid Waste Transfer Station, $27,354 (SW)
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08/06/98
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ITEM #27 - LandscaoinQ & utility easement - Part of Lot 7 & 39, Blk A, Barbour Morrow
Sub. (Huntington National Bank) (CA)
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American Welding Company, fabrication of replacement packing housing for west pit of
Solid Waste Transfer Station, $74,004 (SWI
Hughes Supply, Inc., misc. water &. sewer supplies to be used by all divisions of Public
Works Complex, 8/30/98-9/30/99, est. $50,000 (PWI
American Bulk Conveying, Inc., compactor to be used at Marshall Street WPC facility,
$29,672 (PW)
U.S. Filter/Davis Inc., extension, double detector check valves to be used throughout City's
water system by Public Works, 8/15/98-8/14/99, est. $62,000 (PWI
Declare items surplus to City needs & authorize disposal through donation to public schools
& other charitable organizations as approved by City Manager, or disposal by Solid Waste;
all items are of est. value of less than $100 and are not considered economically feasible to
send to auction
ITEM #24 - Contract for health insurance, extension, with Prudential HealthCare, Inc.,
under a fully Insured arrangement for 1/1/99-12/31/99, est. $3,855,196 (HRI
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ITEM #25 - Approve continued use of Premium Stabilization Fund to offset Y:z of biweekly
premium for employees with 2 or more dependents for 1/1/99.12/31/99, est. $173,952
resulting in -0- increase in employee health insurance deductions for 1999 calendar year
{HRI
ITEM #26 - Addendum No.1 to Aqreement with School Board of Pinellas County, providing
for continuation of School Resource Officer Program for 1998-99 school year, at
Clearwater High School & Countryside High School (POI
ITEM #28 - Third Amendment to Development AQreement - Sale of Atrium at Clearwater
Property (eA)
ITEM #29 - Receipt/Referral - Relatinq to LDC; amending Sec. 35.11, various sections in
Ch. 40, & 41.053: and creating Sec. 41.281 to establish standards for the siting, design,
maintenance, and use of telecommunications towers and antennas (CAI
ITEM #30 - ReCluest for attorney/client session on 9/3/98 at 5:00 p.m. regarding Ewa
Skowronek vs City of Clearwater; Clearwater Police Department: and John Smith (CAI
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OTHER ITEMS ON CITY MANAGER REPORT
I)
ITEM #31 ~ Chanas the November 30. 199B Worksesslon to December 7, 199B; Change
the December 3, 1998 City Commission Meeting to December 10, 1998; and Cancel the
January 4, 1 999 Worksession and the January 7, 1999 City Commission Meeting
Commissioner Hooper moved to approve the consent agenda as submitted and the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #32 - Authorize Citv Attornev to execute a contract with Siemon. Larsen & Marsh to
provide professional services relating to the redevelopment and revitalization of Clearwater
Beach and Downtown Clearwater for $445,900 over two fiscal years (CM)
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On June 18, 1998, the Commission authorized staff to enter negotiations with
consulting firm Siemon, Larsen & Marsh. Scope of services to be, completed prior to
February 1, 1999, for Clearwater beach and downtown includes: a) professional services,
opinions, and solutions for preparation and implementation of a strategic redevelopment
and revitalization program; b) providing urban design, preliminary road design plans; design
standards, design strategy, review, and assessment of contracts for various city
improvements; c) examining and recommending solution refinement and implementation
schedule for the existing downtown and beach conceptual plans, including preliminary
design with specific details regarding pavement widths, parking, sidewalk patterns,
landscape treatments, street furniture, design standards, and other urban design services;
d) developing national and international design, marketing, investment strategies, and land
acquisition and assembly cost estimates; e) performing and/or providing architectural
planning, general planning, and project management for large and small projects through
the implementation phase.
Charles Siemon said the work program is designed to advance One City. One
Future. by identifying steps to be taken within the next 12 months to transform the
concept into reality. Spades will be in the ground. Local, national and international interest
will be created. Choices will be brought forward and private sector participation will be
expected. Deliberateness in allocating funds will be needed. The initial phase will be very
active and clear policy direction will be needed from the Commission.
The City Manager requested a clearer picture of what the Commission expects.
Commissioners stated the beach design charette should be used as a given, with
developers waiting in the wings to sign deals; ensuring private sector participation is
crucial; shovels need to be in the ground; and north/south development is as important as
east/west. Mr. Siemon said monthly progress reports will be given, and linked to what
others are doing to avoid duplication.
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Commissioner Seel moved to authorize the City Attorney to execute a contract with
Siemon, Larsen & Marsh to provide professional services relating to redevelopment and
revitalization of Clearwater beach and downtown Clearwater for $446,900 over two fiscal
years. The motion was duly seconded and carried unanimously.
ITEM #33 - Res. #98-36 - Authorizing execution of a Joint Project Agreement with FOOT
providing for reimbursement to the City of $214,104 for the City to install decorative signal
assemblies along SR60 in keeping with revitalization of Gulf to Bay corridor (PW)
The Department of Transportation lOOT) resurfacing project for State Road 60
includes signals. The City has requested DOT exclude the signal work. The City will
construct decorative signal assemblies in keeping with Gulf-To-Bay corridor revitalization.
The DOT has agreed to contribute to the City's construction cost under a Joint Project
Agreement, sum not to exceed $214,104. The reimbursement will be single lump sum
payment made after DOT has inspected and accepted project-related expenses incurred by
the City and reflected by paid invoices.
In response to questions, Public Works Administrator Rich Baier said the milled
aluminum mast arms will be moved and painted. A color theme will be created in each
area to coordinate with street furniture. The DOT resurfacing contract provides for 4 mast
arms. The City can permit for more.
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Commissioner Hooper moved to authorize execution of a Joint Project Agreement
with FDOT providing for reimbursement to the City of $214,104 for the City to install
decorative signal assemblies along SR60 in keeping with revitalization of Gulf to Bay,
corridor. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #98-36 and read it by title only.
Commissioner Johnson moved to adopt Resolution #98-36 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
"Nays": None
ITEM #34 - Citv Manaoer Emplovment Aareement (CM)
The City Manager was selected on May 15, 1997, and entered into an employment
agreement effective July 23, 1 997. A new agreement was drafted to establish a set date
for lump sum cash payment should termination occur, increase base salary from $104,000
to $110,000, increase the City's contribution to the deferred compensation retirement plan
from 1 5 % to 18 % of his base salary, provide full payment of certain insurance policy
premiums, update travel relocation and housing related expense provisions, establish an
effective date of October 1, 1 998, and provide for annual renewal.
mccOBa98
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08/06/98
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In response to concerns, the City Manager agreed to maintain his current level of
deferred compensation retirement benefits at 1 5 % of his base salary.
While it was agreed Mr. Roberto has raised communIty spirit, concern was
expressed a $6,000 increase is disproportionately larger than what is given to other
employees. Concern was expressed with paying dental benefits for the City Manager
when it is not done for other employees. A question was raised why the new agreement is
being brought forward now instead of waiting until October for a performance and salary
review. Due to the level of actiVity expected within the next year, the majority agreed to
support the requested increases subject to the deferred compensation retirement
contribution remaining at 15%.
Commissioner Clark moved to approve amendments to the City Manager
Employment Agreement, less the change in the pension contribution. The motion was duly
seconded. Upon the vote being taken, Commissioners Johnson, Clark, Seel and Hooper
voted'''Aye''~ Mayor Garvey voted 'INay." Motion carried.
ITEM #35 . library Board - 1 appointment (elK)
. Commissioner Johnson moved to appoint Katherine Merriam. The motion was duly
seconded and carried unanimously.
ITEM #36 - Other Pendina Ma~ters - None
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CITY ATTORNEY REPORTS
ITEM #37 - Res. #98-25 - Demolition Lien - 301 S. Washington Ave., Mac Dixson's First
Addition, Lot 25 (Jonas & Dorothy Merricks)
The City Attorney presented Resolution #98-25 and read it by title only.
Commissioner Hooper moved to adopt Resolution #9B-25 and authorize the appropriate
officos 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 - Res. #98~26 - Assessing property owners the costs of having mowed or
cleared owners' lots
The City Attorney presented Resolution #98-26 and read it by title only.
Commissioner Clark moved to adopt Resolution #98-26 and authorize the appropriate
offices to execute same. The motion was duly seconded and upon roll call, the vote was:
mcc08a98
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08/06/9B
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"Nays": None
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None
ITEM #39 - Res. #98-29 ~ Demolition Lien - 804 Pennsylvania Ave., Pine Crest Sub., Slk 5,
Lots 3 & 4 (Larry Buntingt
The City Attorney presented Resolution #98-29 and read it by title only.
Commissioner Johnson moved to adopt Resolution #98~29 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
ITEM #40 - Other City Attornev Items
a) Settlement Proposal - Clearwater Bay Marina
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Formal authorization by the Commission is being sought for entering into a joint
project agreement with Clearwater Bay Marina. The agreement provides for a cooperative
undertaking to remove sediments from the marina's basin and to decrease potential for
future stormwater runoff sediment deposits in the basin and, consequently, in Clearwater
Bay. Referring to her August 6 memo to the City Commission, the City Attorney reviewed
principal obligations of Clearwater Bay Marina and the City, under the proposed agreement.
Legal Department staff was commended for an outstanding job attaining a rapid
settlement. The City Attorney credited the work of Assistant City Attorney Dick Hull to
bring the issue to a successful conclusion.
Commissioner Hooper moved to authorize a Joint Project Agreement with
Clearwater Bay Marina, to remove sediments from Clearwater Bay Marina's marine basin,
and to decrease the potential for sediments carried by stormwater runoff to be deposited
into the basin. The motion was duly seconded and carried unanimously.
b) Timm v. City of Clearwater
In an August 6 memo to the City Commission, the City Attorney said this lawsuit
arises from an automobile accident which occurred on Cleveland Street between its
intersection with Osceola Avenue and the Memorial Causeway Bridge. A car driven by the
plaintiff's sister collided with a truck driven by an employee of the Parks and Recreation
Department. The plaintiff, Katy Timm, a minor, was a passenger in the back seat. She
suffered shoulder injuries which were later diagnosed as a torn cartilage and torn rotator
cuff in her left shoulder. She continues to have restricted range of motion and loss of
strength in her left shoulder. Formal authorization by the Commission is being sought to
settle the claims of Katy Timm arising from this accident and lawsuit for $55,000.
mcc08a98
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08/06/98
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,Commissioner Clark moved to authorize the City to settle the claims of Katy Timm,
arising from the accident referenced In Timm v. City of Clearwater, for $55,000. The
motion was duly seconded and carried unanimously.
The City Attorney referenced a Sarasota traffic calming suit in which the court
required the city to remove speed bumps because the court found the speed bumps were
not required by statute. Ms. Akin requested authorization to file an amicus brief in the
case using in-house staff. Such an action would not mean the City would be obligated to
use the devices, but would give the right to choose.
Commission Clark moved to authorize the City Attorney to file an amicus brief in
Sarasota's traffic calming suit. The motion was duly seconded and carried unanimously.
ITEM #41 - Citv Manaoer Verbal Reports
"
The City Manager requested a date at the end of August for a two-hour session on
the 1999 budget. Consensus was to schedule the meeting for 9:00 a.m., August 25,
. 1998, at City Commission Chambers.
ITEM #42 - Other Commission Action
8
Mavor Garvev announced groundbreaking for the IMR project occurred earlier today,
and welcomed IMR to the City of Clearwater.
Commissioner Clark echoed the Mayor's sentiments and said it was a great day for
the City.
Commissioner Clark stated retiring Harbormaster Bill Held has done a wonderful job
at the Marina and wished him "fair winds and following seas."
Commissioner Hooper echoed Commissioner Clark's sentiments.
Commissioner Hoooer questioned information regarding school crossing guards
needed for the next school year. Staff will follow up.
Commissioner Hooeer questioned if any action will be taken on the request by the
Mayor of Indian Shores to declare Veterans' Day a school holiday. No interest was
expressed.
Commissioner Seel requested when a group invites the Commission and lor staff to a
meeting on a neighborhood issue, that the meeting become a City neighborhood meeting
with all involved being invited.
mcc08a98
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08/06/98
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ATTEST:
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.:' ,City Clerk
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" Commissioner Seel requested a decision regarding the beach swimming pool '
replacement. If the decision is not to proceed, she requested that the $ 500,000 taken
from the unappropriated retained earnings be returned to that fund.
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Commissioner Seal wished the City Manager a "Happy Birthday" tomorrow.
. Mavor Garvev requested consideration of seeing what needs to be done to require
Iic~nsing and operator training before an individual can operate a jet ski.
ITEM #43 ~ Adiournment
The meeting adjourned at 9:15 p'.m.
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mcc08a98 '
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