09/03/1998 (2)
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CITY COMMISSION SPECIAL MEETING
Closed Attorney/Client Session
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September 3, 1 998
The City Commission of the City of Clearwater met in closed session at City Hall,
Thursday, September 3, 1998 at 5:00 p.m., with the following members present:
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Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark,
Karen Seel
Michael J. Roberto
Pamela K. Akin
James B. Thompson
John Richardson
Mayor/Commissioner
Vice-Mayor/Commissioner
. Commissioner
Commissioner
Commissioner
City Manager
City Attorney
Esquire, outside counsel for City
Esquire, outside counsel for City
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The Mayor called the meeting to order and announced a closed session would be
held for the purpose of discussing litigation regarding Ewa Skowro'nek, as Widow and
,P~rsonal Representative of the Estate of Wleslaw Skowronek, Deceased; and Ewa
Skowronek, Individually vs. City of Clearwater: Clearwater Police Department: and John
Smith, Individually and as a police officer of the City. This meeting is exempt from the
provisions of the Sunshine Law.
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The entire session was recorded by a certified court reporter and the transcript shall
be made part of the public record upon conclusion of the litigation.
The closed session adjourned at approximately 5:33 p.m.
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ATTEST:~'-/: Ji.. 0.
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, ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 3, 1998 - 6:00 P.M. - Commission Chambers
1 . Invocation
2. Pledge of Allegiance
'3. Service Awards
4. Introductions and Awards
5. Presentations
6. Approval of Minutes - Regular Meeting
8/20/98 & Special Meetings of: 8/18/98
(Penny for Pinellas); 8/20/98
(attorney/client); and two attorneylclient
sessions of 8/31/98
1. Commissioner Johnson.
2. Mayor.
3. None.
4. Certificate presented to Mike Sanders
declaring him Clearwater's honorary historian.
5. None.
6. Approved as submitted.
7. Citizens to be heard re items not on the Agenda - None.
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PUBLIC HEARINGS
Not Before 6:00 P.M.
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8. Public Hearing - Penny for Pinellas Tax -
approve revised recommended project listing
,totaling $132,090,901 to fund capital
projects under remaining 12-year Penny for
Pine lias plan
Public Hearing - Budget 1998-99
a) First Reading Ord. #6328-98 - Declaring
the Millage Rate to be levied for Fiscal
Year beginning 10/1/98 and ending
9/30/99, for operation purposes including
pensions and debt service, and road
maintenance for capital improvement
expenditures at 5.1158 mills; the levy of
5.1158 mills constitutes a 3.13% increase
over the rolled back rate of 4.9607 mills
bt First Reading Ord. #6329-98 ~ Adopting an
operating budget for Fiscal Year beginning
10/1/9,8 and ending 9/30/99; authorizing
City Manager to issue instructions
necessary to achieve & accomplish service
programs so authorized; authorizing City
Manager to transfer monies & programs
among departments & activities within any
fund as provided by Ch. 2 of the code
c) First Reading Ord. #6330-98 - Adopting
the capital Improvement program budget
, for Fiscal Year beginning 10/1/98 and
~9/3/98
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8. Approved.
9. Approved.
a) Ord. #6328-98 passed 1 st reading.
b) Ord. #6329-98 passed 1 st reading.
c) Ord. #6330-98 passed 1 st reading.
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~ ending 9/30/99; approving a-year CIP
. . which shall be reevaluated at beginning of
each fiscal year; authorizing City Manager
is issue instructions necessary'to achieve
& accomplish the capital improvements so
authorized; authorizing City Manager to
transfer money between projects in the
CIP; appropriating available & anticipated
resources for projects identified
10. Public Hearing & First Reading Ords. #6314-
98 & #6317-98 - Annexation & RS-2 Zoning
for property located at 2355 Nursery Rd.,
Pinellas Groves, Sec. 19-29-16, SW%, part
ot'Lot 18 (Kim B. Wong, A98-24)
11. Public Hearing - Res. #98-43 - Adopting the
City of Clearwater Enterprise Zone Strategic
Plan (ED)
12. Public Hearing & First Reading Ord. #6331-
,98 - 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
~ 13. Public Hearing & First Reading Ords. #6322-
'il ' 98 & #6323-98 - Land Use Plan Amendment
to Institutional & P/SP Zoning for proposed
church expansion at 1014 Pennsylvania Ave.,
Palm Park Sub., unnumbered block, Lots 26
& 27 and parts oJ Lots 25, 28 & 29 (Mt.
Carmel Baptist Church of Clearwater, Inc.,
LUP98-08, Z98-10)
14. Public Hearing & First Reading Ords. #6324-
98 & #6325-98 - land Use Plan Amendment
to Residential High & RM-28 Zoning for
property located at 1370 Gulf Blvd., Sec. 19-
29.1 5, M&B 14.04, 14.05 & 14.06 (Arnza D.
Abdulla] & Clearwater Sand Key Club 1
Homeowners Association, LUP98-07,Z98-09)
10. Approved. Ords. #6314-98 & 6317-98
passed 1 st reading. '
11. Approved. Res. #98-43 adopted.
12. Continued to 9/17/98.
13. Approved. Ords. #6322-98 & #6323-98
passed 1 st reading.
14. Approved. Ords. #6324.98 & #6325-98
passed 1 st reading.
Public Hearing - Second Reading Ordinances
15. Ord. #6312M98 M Establishing a Enterprise
Zone Development Agency
16. Ord. #6313M98 - Annexation for property
located at 1525 Stevenson Dr., Stevenson's
Height Sub., Blk B, Lot 8 (DUfard I Riley, A98-
23)
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15. Ord. #6312-98 adopted.
16. Ord. #6313-98 adopted.
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~ 7. Ord. #6316.98 - Rs-a Zoning for property 17. Ord. #6316-98 edopted.
located at 1525 Stevenson Dr., Stevenson's
Height Sub., Blk B, Lot 8 (Dillard 1 Riley, A98-
23)
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-25) - Approved as submitted less Items 21 and 23.
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.
18. Approval of Purchases per 8/12/98 memorandum:
Brad Regan Tire Service, Inc., tire service during remaining portion of contract ending 12/31/98,
increase of $25,000 for new total $50,000 (GS)
Brad Regan Tire Service, Inc., extension from 9/30/98 to 12/31/98, tires (material), increase of
est. $30,000 for newest. Total $161,500; this aligns all tire service & materials to same
contract ending dates (GS)
Martin's Uniforms Division of Superior Surgical Mfg. Co. Inc., police uniform items & personal
equipment, 9/4/98-9/30/99, est. $90,000 (PO)
ConVault FL, Inc., above ground emergency generator fuel storage tanks to be used by East,
Northeast & Marshall Street WPC facilities, $57,590.35 (PW)
,...~~-- EBSCO Subscription Services, extension, subscription service, 10/1/98-9/30/99 (LIB)
.,..)- Florida Irrigation Supply, irrigation supplies, 9/4/98-9/30/99, est. $40,000 (PR)
Pinellas County Board of County Commissioners, extension, misc. office supplies to be used by
all departments, 101.1/98-9/30/99 (FN)
19. Lease renewal, Sgt. Allen Moore Community Partnership, Inc., 1996 Ford Econoline, 15-
passenger Club Wagon, 1 year commencing 9/20/98, and renewable for up to an additional 2
years, at annual lease payment of $1 for each period (PO)
20. Contract for Aurel Street & Bay Esplanade Storm Line Replacement and Seawall Repairs, Steve's
Excavating & Paving, Inc., $63,800 (PW)
21. Contract for construction of Infrastructure improvements for 8 single family residences at Pierce
Street & Evergreen Street, All American Concrete, Inc., $55,655.26 IPW) - APPROVED.
22. Joint Participation Agreement with Pinellas County, design, right-of-way acquisition &
construction of Memorial Causeway East Bridge replacement (PW)
23. Work Order for design engineering services for Gulf to Bay Pilot Project, to Post, Buckley, Schuh
& Jernigan, $69,828 (PWI - APPROVED.
24. Amendment to State Lobbyist Contract - Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.,
effective 10/1/98, expanding scope of services to include year round service on legislative &
funding issues; increasing the lobbying team; and increasing annual fee to $48,000 plus
expenses, renewable each year at discretion of City under same terms & conditions through
9/30/2002 (CLK)
25. Legislative Package - 1999 (CLK)
~;9/3/98
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OTHER ITEMS ON CITY MANAGER REPORT
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26. Presentation. Community Redevelopment
Code (CP)
27. Res. #98-46 - Certifying Morton Plant Mease
Health Care Foundation's Family Health
, Center Project Is consistent with local plans
and regulations (ED)
28. First Reading Ord. #6316-98 - Relating to
removal of abandoned shopping carts or parts
thereof from public property and from certain
private property where visible from public
property; creating Sec. 20.81 to authorize
such removal by the City Manager or
designee; providing for storage of such
property and notification to identifiable "
owners; providing exceptions (SWI
29~ Clearwater Housing Authority. 1
appointment (CLK)
30. Environmental Advisory Board - 2
appointments (CLK) - PULLED
31. Marine Advisory Board - 2 appointments
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.2. Other Pending Matters
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26. Received.
27. Approved. Res. #98-46 adopted.
28. Approved. Ord. #6315-98 passed 1 st
reading.
29. Continued.
30. Pulled.
31. Appointed Hank Epstein to fill vacant seat
and Nicholas Matsis to expiring term.
32. None.
CITY ATTORNEY REPORTS
33. Res. #98-44 - Assessing property owners the costs of having mowed or cleared owners' lots -
Adopted.
'34. Other City Attorney Items
a) Stipulation and Agreement - City v. Church of Scientology (Case No. 94-292-Civ-T-24A) -
Approved less paragraph 13.
35. City Manager Verbal Reports - None.
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36. Other Commission Action
Seel announced the beginning of two concert series in Station Square Park. She complimented
Mr. Babalola on being the recipient of the 1998 Harry K. Singletary, Jr. Crime Prevention Award.
~9/3/98
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Johnson congratulated theqearwater Magazine on Its award. He requested Clearwater firms be
" c,onsidered during' the RFP process for other engineering services. He was pleased 'with the
results reflected in the grant report. He requested action be taken to address the condition of the
property on Moorehaven Drive about which a letter had been' received.
HooDer questioned if any damage had occurred during the day's storm~ The City Manager
responded none of much substance.
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Clark thanked Mr. Cazares for the old Clearwater Sun article.
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Garvev thanked Chief Klein for his efforts to address traffic safety Including enforcement efforts
to curb the running of red lights. She reported she had reviewed minutes regarding the pool on
Clearwater beach and that a $300,000 cost had originally been anticipated. She stated she felt
, the City was in good standing in its position regarding stormwater fees as the schools are the
,only ones ~ot p~ying it. She reported Clearwater had received the 3rd p,lace bronze for the'
Nagano project and the 1 st 'place gold for the Clearwater magazine from the City County
Communications and Marketing Association.
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37. Adjournment - 9:30 p.m. ,
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CITY COMMISSION MEETING
CITY OF CLEARWATER
September 3, 1998
Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark
Karen Seel
Mayor/Commissioner
VicewMayor/Commissioner
Commissioner
Commissioner
Commissioner
Also Present:
Michael J. Roberto
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Gwen Legters
City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:02 p.m. at City Hall. The invocation
was offered by Commissioner Johnson. The Mayor led the Pledge of Allegiance.
,To provide continuity for research, items are in agenda order although not necessarily
discussed in that order. '
ITEM #3 - Service Awards - None
(~ ITEM #4 - Introductions and Awards - None
ITEM #5 - Presentations
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Mike Sanders was presented a certificate naming him honorary City of Clearwater
Historian.
ITEM #6 - Minutes Approval
Commissioner Johnson moved to approve the minutes of the regular meeting of
August 20, 1998, and the special meetings of August 18, 1998, August 20, 1998,
August 31, 1998, and August 31, 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 reoardino items not on the Aoenda - None
PUBLIC HEARINGS
ITEM #8 - Public Hearina - Penny for Pinellas Tax - approve revised recommended project
listing totaling $132,090,901 to fund capital projects under remaining 12.year Penny for
Pinellas plan
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09/03/98
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Commission disappointment was expressed the City's 10% cash reserve is being
reduced to 8%. Support was expressed for a millage increase to meet the City's
commitments in the future.
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The City Manager's recommended 1998/99 Capital Improvement Budget and the
Penny for Pineflas Capital Improvement Project (CIP) plan include reallocation of Penny for
Pineffas (infrastructure) taxes to support many "One City. One Future." projects. Included
in the total funding is a contingency reserve of $5,057,502 representing 5% of the
estimated revenue receipts under the second ten-year period of penny receipts.
Approximately $3,618,627 additional funds remain unallocated and available for future
projects, primarily in the last few years of the plan.
Four citizens expressed concorns regarding items removed from the Penny funding
list. City Manager Mike Roberto responded to each of the concerns. stating 97% of the
items approved by the voters will be funded from a variety of sources. He noted no
guarantee exists the entire $101 million anticipated Penny funds will come to the City
during the 10-year process.
Commissioner Clark moved to approve the revised recommended project listing as
reflected in Exhibit A to these minutes, totaling $132,090,901 to fund capital projects
under the remaining 12-year Penny for Pinellas plan. The motion was duly seconded and
carried unanimously.
ITEM #9 - Public Hearina - Budqet 1998~99
One person expressed concern reallocating funds gives the impression the City is
strapped for money. '
a} First Reading Ord. #6328-98 - Declaring the Millage Rate to be levied for Fiscal Year
beginning 10/1/98 and ending 9/30/99, for operation purposes including pensions and debt
service, and road maintenance for capital improvement expenditures at 5.11 58 mills; the
levy of 5.1158 mills constitutes a 3.13% increase over the rolled back rate of 4.9607 mills
In accordance with the TRIM Bill process, the City Commission adopted a tentative
millage rate of 5.1158 mills, 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 mills. If approved, 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.
Commissioner Hooper moved to declare the millage rate to be levied for Fiscal Year
1998/99 as 5.1158 mills; constituting, a 3.13% increase over the rolled back rate of
4.9607 mills. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 6328~98 for first reading and read the
ordinance in full. Commissioner Hooper moved to pass Ordinance 6328.98 on first
reading. The motion was duly seconded, and upon roll call, the vote was:
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09/03/98
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"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
b) First Reading Ord. #6329~98 - Adopting an operating budget for Fiscal Year beginning
10/1/98 and ending 9/30/99; authorizing City Manager to issue instructions necessary to
achieve & accomplish service programs so authorized; authorizing City Manager to transfer
monies & programs among departments & activities within any fund as provided by Ch. 2 ,
of the code
Commission concern was expressed that use of $750,000 unappropriated retained
earnings in the City Manager's budget should be approved by the Commission as needed
on a per-project basis, rather than in a lump sum. The City Manager said his budget
identifies the lump sum to expedite development issues that may arise suddenly. He noted
anything over $25,000 will come to the Commission, and he will provide a regular
accounting of how the funds are spent.
The City Attorney presented Ordinance 6329-98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6329-98 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, and Garvey.
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"Nays": Seel. Motion carried.
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c) First Reading Ord. #6330-98 - Adopting the capital improvement program budget for
Fiscal Year beginning 10/1/98 and ending 9/30/99; approving 6-year CIP which shall be
reevaluated at beginning of each fiscal year; authorizing City Manager is issue instructions
necessary to achieve & accomplish the capital improvements so authorized; authorizing
City Manager to transfer money between projects in the CIP; appropriating available &
anticipated resources for projects identified
The City Attorney presented Ordinance 6330-98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6330-98 on first reading. The motion
was duly seconded, and upon roll call, the vote was:
IiAyes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
, ITEM #10 - Public Hearim:1 & First Readino Ords. #6314-98 & #6317-98 - Annexation &
RS-2 Zoning for property located at 2355 Nursery Rd., Pinellas Groves, Sec. 19-29-16,
SWv.., part of Lot 18 (Kim B. Wong, A98-24)
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The applicant requests annexation of the single family residential property to obtain
City sewer service. An extension from the sewer line connection existing at Nursery Road
will be required. The applicant will be responsible for cost of the extension. The Planning
and Zoning Board endorsed the request at their meeting of August 18, 1998.
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Commissioner Seel moved to approve annexation and RS-2 Zoning for 2355 Nursery
Road, Pinellas Groves, Sec. 19-29-16, SW*, part of Lot 18. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance 6314-98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6314-98 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 6317-98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6317-98 on fjrst reading. The
motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
ITEM #11 - Public Hearinq ~ Res. #98-43 - Adopting the City of Clearwater Enterprise Zone
Strategic Plan (ED)
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The Clearwater Brownfie/ds Area is eligible for an enterprise zone designation as
established in Chapter 98-75, Laws of Florida. The Florida Enterprise Zone Act of 1994
empowers and requires the City Commission to adopt a strategic plan to guide future
enterprise zone development and growth. A draft Enterprise Zone Plan was sent to more
than 50 businesses, organizations, and stakeholders operating within the enterprise zone.
All comments were incorporated into the final plan. Twenty-five letters of support for the
plan were received. The Planning and Zoning Board endorsed the item at their meeting of
August 18, 1998.
Commissioner Clark moved to adopt the City of Clearwater Enterprise Zone
Strategic Plan. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #98-43 and read it by title only.
Commissioner Clark moved to adopt Resolution #98-43 and authorize the appropriate
officers 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 #12 - Public HearinQ & First ReadinQ Ord. #6331-98 - Relating to LOC; amending Sec.
35.11, various sections in eh. 40, & 41.053; and creating Sec. 41.281 to establish
standards for the siting, design, maintenance, and use of telecommunications towers and
antennas
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The City Attorney requested a two-week continuance of first reading, to allow
proposed amendments to be reviewed by the Planning and Zoning Board.
Ona citizen spoke in support of the continuance. Representatives of two
telecommunications providers expressed concern with using the term, "stealth technology"
to describe appearance of the structures in their surroundings. Staff will work with the
representatives to provide clarification and answer questions.
Commissioner Johnson moved to continue Item #12 to September 17, 1998. The
motion was duly seconded and carried unanimously.
ITEM #13 . Public HearinQ & First Readinc Ords. #6322.98 & #6323.98 - land Use Plan
Amendment to Institutional & P/SP Zoning for proposed church expansion at 1014
Pennsylvania Ave., Palm Park Sub., unnumbered block, Lots 26 & 27 and parts of Lots 25,
28 & 29 (Mt. Carmel Baptist Church of Clearwater, Inc., LUP98-08, Z98-10)
The applicants are requesting rezoning and land use plan amendment to modernize a
church located at 1014 Pennsylvania Avenue, expanding it into the adjacent vacant site.
The proposed expansion will add classrooms, offices, a family life center, multipurpose
fellowship hall, and recreation area for more than 80 children. The Planning and Zoning
Board endorsed the requests at their meeting of August 18, 1998.
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Willie Kelly, representing the applicants, said land acquisition will help improve the
church's parking situation.
Commissioner Seel moved to approve Land Use Plan Amendment to Institutional and
PIS? Zoning for proposed church expansion at 1014 Pennsylvania Avenue, Palm Park
Subdivision, unnumbered block, Lots 26, 27 and parts of Lots 25, 28 & 29. The motion
was dUly seconded and carried unanimously.
The City Attorney presented Ordinance 6322-98 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance 6322-98 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 6323-98 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance 6323.98 on first reading. The motion
was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
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ITEM # 14 - Public Hearino & First ReadinQ Ords. #6324-98 & #6325.98 - Land Use Plan
Amendment to Residential High & RM-28 Zoning for property located at 1370 Gulf Blvd.,
Sec. 19-29-15, M&B 14.04, 14.05 & 14.06 (Amza D. AbdulfaJ & Clearwater Sand Key
Club 1 Homeowners Association, LUP98-07, 298-09)
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The applicants are requesting rezoning and land use plan amendment to construct
high rise condominiums at 1370 Gulf Boulevard, a site currently developed with the Gallery
Restaurant. The preferred land use in this district is multiple family development. Land use
plan amendment for the .96.acre site is not subject to Pinellas Planning Council (PPC)
review. The Planning and Zoning Board endorsed the requests at their meeting of August
18, 1998. In response to questions, Central Permitting Director Lorenzo Aghemo said the
rezoning would enable increasing the maximum number of dwelling units from 24 to 26
units.
Anthony Battaglia, representing the applicants, briefly related history for the
property. In response to questions, it was indicated acreage size calculations do not
include beach access easements.
Commissioner Hooper moved to approve Land Use Plan Amendment to Residential
High and RM-28 Zoning for property located at 1370 Gulf Boulevard, Sec. 19-29-15, M&B
14.04, 14.05 & 14.06. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6324.98 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance 6324-98 on first reading. The
motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
(9
The City Attorney presented Ordinance 6325-98 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance 6325-98 on first reading. The motion
was duly seconded, and upon rofl call, the vote was;
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays"; None.
Public HearinQ ~ Second ReadinQ Ordinances
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ITEM #15 - Ord. #6312-98 - Establishing a Enterprise Zone Development Agency
The City Attorney presented Ordinance #6312-98 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6312-98 on
seconci and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Nays": None
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ITEM #16 - Ord. #6313.98 - Annexation for property located at 1525 Stevenson Dr.,
Stevenson's Height Sub., Blk B, Lot 8 (Dillard I Riley, A98-23)
The City Attorney presented Ordinance #6313-98 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6313-98 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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09/03/98
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"Nays": None
ITEM #17 - Ord. #6316-98 - RS~B Zoning for property located at 1525 Stevenson Dr.,
Stevenson's Height Sub., Blk B, Lot 8 (Dillard / Riley, A98w23)
The City Attorney presented Ordinance #6316w98 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6316-98 on second
and final reading. The motion was duly seconded and upon roll calf, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None
CITY MANAGER REPORTS
:.,'
CONSENT AGENDA (Items #18-25) - Approved as submitted less Items #21 and #23.
ITEM #18 - Aooroval of Purchases per 8/12/98 memorandum:
Brad Regan Tire Service, Inc., tire service during remaining portion of contract ending
12/31/98, increase of $25,000 for new total $50,000 (GS)
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C,,,r.l Brad Regan Tire Service, Inc., extension from 9/30/98 to 12/31/98, tires (matarian,
-oil>
increase of est. $30,000 for newest. Total $161,500; this aligns all tire service &
materials to same contract ending dates (GS)
Martin's Uniforms Division of Superior Surgical Mfg. Co. Inc., police uniform items &
personal equipment, 9/4/98-9/30/99, est. $90,000 (PO)
ConVault FL, Inc., above ground emergency generator fuel storage tanks to be used by
East, Northeast & Marshall Street WPC facilities, $57,590.35 (PW)
eBSCO Subscription Services, extension, subscription service, 10/1/98-9/30/99 (LIB)
Florida Irrigation Supply, irrigation supplies, 9/4/98~9/30/99, est. $40,000 (PR)
,
Pinellas County Board of County Commissioners, extension, misc. office supplies to be
used by aU departments, 10/1/98-9/30/99 (FN)
ITEM #19 - Lease renewal, Sot. Allen Moore Communitv Partnership. Inc., 1996 Ford
Econolinal 15-passenger Club Wagon, 1 year commencing 9/20/98, and renewable for up
to an additional 2 years, at annual lease payment of $1 for Bach period (PO)
ITEM #20 - Contract for Aural Street & Bay Esplanade Storm Line Replacement and
Seawall Repairs, Steve's Excavating & Paving, Inc., $63,800 (PW)
~
ITEM #21 - See Below
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ITEM #22 - Joint ParticiDation Aoreement with Pinellas County, design, right-of-way
acquisition & construction of Memorial Causeway East Bridge replacement (PW)
ITEM #23 - See Below
ITEM #24 - Amendment to State Lobbvist Contract - Pennington, Moore, Wilkinson, BeH &
Dunbar, P.A., effective 10/1/98, expanding scope of services to include year round service
on legislative & funding issues; increasing the lobbying team; and increasing annual fee to
$48,000 pius expenses, renewable each year at discretion of City under same terms &
conditions through 9/30/2002 (CLK)
ITEM #25 - Leoislative Packaae - 1999 (CLK)
Commissioner Hooper moved to approve the consent agenda, less Items #21 and
#23, and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
ITEM #21 - Contract for construction of infrastructure improvements for 8 sinole familv
residences at Pierce Street & Evergreen Street, All American Concrete, Inc., $55,655.26
(PW)
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Construction of infrastructure improvements for 8 single family residences at Pierce
and Evergreen Streets will include clearing and grubbing approximately 0.26 acres of right-
of-way, construction of roadway, potable water main distribution system, and a sanitary
sewer collection system. The project is a Public/Private non-profit partnership through
General Home Development Corporation, Tampa Bay Community Development Corporation,
and City of Clearwater Housing & Urban Development. City Public Works Administration ,
provided final engineering design services and will provide construction inspection at a total
estimated value of over $10,000.00. This is a part of the City's commitment to make
affordable housing available to Clearwater's citizens.
Commission concern was expressed this item came forward after allocation of
Housing and Urban Development (HUD) monies had been approved. Staff was requested
to ensure all items come forward with total City contributions reported.
Commissioner Seel moved to approve a contract for construction of infrastructure
improvements for 8 single family residences at Pierce Street & Evergreen Street, with All
American Concrete, Inc., at a cost not to exceed $55,655.26. The motion was duly
seconded and carried unanimously.
ITEM #23 - Work Order for desion enaineerino services for Gulf to Bay Pilot Project, to
Post, Buckley, Schuh & Jernigan, $69,828 (PW)
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Revitalization of Gulf-to-Bay Boulevard is a key component in the City's One City.
One Future. blueprint, as enhancing the corridor will leave a positive impression on visitors
and residents. The pilot project, from Old Coachman Road to the US 19 overpass, will
include decorative traffic signal mast arms, light poles, landscaping, artwork, and new
signage as part of the design. Scope of the pilot project work order Includes structural
mcc09a98
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member design (Including mast arms and bus shelter,) landscape design, and decorative
artwork on the US 19 overpass.
Questions were raised why selection of an engineering firm for the pilot project did
not include the five new engineers of record. The City Manager said, while each firm has
specialties, Post, Buckley, Schuh & Jernigan (PBS&J) specializes in roads and drainage.
This work order does not lock in the firm to do the remaining parts of the road project. As
the City had been working with PBS&J to get this special project to pilot status, it was felt
continuation of that work would accelerate completion, in accordance with Commission
direction to "get it done." Public Works Administrator Rich Baier noted the road project is
coming forward during the next 2 to 3 months, and all 5 firms will be considered. In
response to a suggestion, discussion ensued regarding advantages and disadvantages of
putting the project out for bid beyond the 5 firms of record. In response to questions, it
was indicated $650,000 is budgeted for the pilot project. Staff will be coming forward
with a proposal for public/private funding for the balance of the $1.2 million pilot.
Discussion ensued regarding advantages of the pilot project to demonstrate whether the
City can move traffic.: and raise surrounding property values while improving roadway
appearance. In response to a concern the budget has not been set, the City Manager
stated project costs will depend on design focus.
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Commissioner Hooper moved to approve a Work Order for design engineering
services for the Gulf- to-Bay Pilot Project, to Post, Buckley, Schuh & Jernigan, for
$69,828. The motion was duly seconded. Commissioners Hooper, Seel, and Mayor
Garvey voted "Aye"; Commissioners Johnson and Clark voted "Nay." Motion carried.
The meeting recessed from 7:39 to 7:56 p.m.
OTHER ITEMS ON CITY MANAGER REPORT
Commissioner Seel moved to take Item #27 out of order, and hear it before
presentation of the Community Redevelopment Code. The motion was duly seconded.
Commissioners Clark, Hooper, and Seel voted "Aye"; Commissioners Johnson and Mayor
Garvey voted "Nay." Motion carried. (Item #27 heard at this time, see page 1 0)
ITEM #26 - Presentation - Community Redevelopment Code (CP)
The City Manager highlighted facilitation of the development and redevelopment
process from a philosophical perspective in Clearwater. He stated aU processes were
examined and a lot of creative work has gone into creation of the new code, which sets
the'stage for the next 20 years. A series of meetings will be scheduled to seek input from
various groups. It is hoped to implement the new code in January, 1999.
'~J
Consultant Charlie Siemon briefed the Commission on the preliminary draft, stating
It will be as comprehensive as possible. Consultants will go into the community to explain
five basic recommendations: 1) reduce the number of entities responsible for administering
the land development regulations to make them friendlier; 2J reorganize and reformat to
make the regulations more workable; 3) simplify language; 4) encourage development and
redevelopment with a positive focus; and 5) provide certainty, and flexibility. Mr. Siemon
noted the document ;s much larger than had been anticipated, due to the decision to repeat
mcc09a98
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09/03/98
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inf9rmation where needed for clarity and convenience, instead of relying on a complicated
system of cross references that had made'the former code cumbersome. He spoke at
length regarding the articles contained in the new code: 1) General Provisions; 2) Zoning
Districts; 3) Development Standards; 4) Development Review and Other Procedures;
5) Decision making and Administrative Bodies; 6) Nonconformity Provisions;
7) Enforcement and Penalties; 8} Definitions; and 9) Comprehensive Index.
Commissioners praised the new code as an easy-to-understand aid for staff and the
public. Mr. Siemon responded to questions, stating the code addresses some controversial
issues, others need to come back for policy decisions. He said allowable number and
locat;on of American flags is addressed, but size needs to be determined. Brief discussion
ensued regarding implementation of proposed broader zoning districts.
ITEM #27 - Res. #98-46 - Certifying Morton Plant Mease Health Care Foundation's Family
Health Center Project is consistent with local plans and regulations (ED)
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The Morton Plant Mease Health Care foundation Inc., is applying for sponsorship
under the Community Contribution Tax Credit Program, allowing sponsors to receive
donations from corporations for qualified projects, such as community development
projects within the enterprise zone, and low income housing projects. Participating
businesses may take a 50% credit on the amount donated to an eligible sponsor on Florida
corporate income tax, franchise tax, or insurance premium tax of up to $200,000 per year.
The qualifying project for this sponsorship is the 30,000 square foot Family Health Care
Center that will provide access to primary care physicians for chronic disease management,
prevention, early detection, and family wellness care at a single neighborhood location
within the Clearwater enterprise zone. A resolution from the local government stating that
the qualifying project is consistent with local plans is required. The Family Health Care
Center is located in the North Greenwood neighborhood on Myrtle Avenue, within the
enterprise zone established by Resolution 98~28, adopted August 20, 1 998. The Family
Health Care Center is a component of the Enterprise Zone Strategic Plan endorsed by the
Planning and Zoning Board on August 18, 1998.
Commissioner See I moved to certify Morton Plant Mease Health Care Foundation's
Family Health Center Project is consistent with local plans and regulations. The motion
was duly seconded and carried unanimously.
The City Attorney presented Resolution #98-46 and read it by title only.
Commissioner Seel moved to adopt Resolution #98-46 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
/lAyes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
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ITEM #28 - First Readina Ord. #6315-98 - Relating to removal of abandoned shopping carts
or parts thereof from public property and from certain private property where visible from
public property; creating Sec. 20.81 to authorize such removal by the City Manager or
designee; providing for storage of such property and notification to identifiable owners;
providing exceptions (SW)
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A problem exists with shopping carts abandoned on public and private property
causing a nuisance and an eyesore that degrades the City's aesthetic appeal. In the past,
the Solid Waste Department has collected carts abandoned on public property and in rights-
of-way, but has not authorized staff to go onto private property. Solid Waste returns
identifiable carts to the appropriate store cost free and scraps unidentifiable carts. This
program, operated as a service to customers, has not been adequate to remove all
abandoned carts from public view, Adoption of the ordinance will authorize staff to
remove all shopping carts on public or private property visible from public property, return
identifiable carts to their owners and assess an appropriate fee to recover costs. The City
Manager indicated the City does not want to become a shopping cart collection service.
Commissioner Seel moved to approve removal of abandoned shopping carts or parts
thereof from public property and from certain private property where visible from public
property. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 631 5-98 for first reading and read it by title'
only. Commissioner Seel moved to pass Ordinance 6315w98 on first 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 #29 - Clearwater HousinQ Authoritv - 1 appointment (eLK}
A request was made to continue this item to the first meeting in October.
Commissioner Clark moved to continue Item #29 to October 1, 1998. The motion
was duly seconded and carried unanimously.
ITEM #30 - Environmental Advisorv Board - 2 appointments (eLK)
The City Manager pulled Item #30, stating additional names have been submitted
and will come forward on the October 1 agenda.
ITEM #31 - Marine Advisorv Board - 2 appointments (CLK~
Commissioner Johnson moved to reappoint Ed Dohrman. There was no second.
Commissioner Clark moved to appoint Hank Epstein to the vacant seat. The motion
was dulV seconded and carried unanimously.
Commissioner Seel moved to appoint Nicholas Matsis. The motion was duly
seconded and carried unanimously.
ITEM #32 - Other Pendina Matters - None.
o
mcc09a98
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CITY ATTORNEY REPORTS
ITEM #33 - Res. #98-44 - Assessing property owners the costs of having mowed or
, cleared owners' lots
The City Attorney presented Resolution #98-44 and read it by title only.
Commissioner Hooper moved to adopt Resolution #98-44 and authorize the appropriate
officers 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 - Other City Attornev Items
a} Stipulation and Agreement - City v. Church of Scientology (Case No. 94-292-Civ-T-24A)
Alan Zimmet, attorney representing the City, related history of efforts to settle a
lawsuit that was filed years ago as a result of a public records request. The dispute was
whether documents were protected by the constitutional right of privacy. Mr. Zimmet
reviewed details of the stipulation and agreement providing for the Police Department to
review 40 boxes of documents, determine which documents are required for Police
Department use, schedUle for destruction unnecessary documents, and retain documents
needed for the City's use.
Commission concerns were expressed with paragraph #13 providing for immediate
notification to the church of any public or media request to access the Scientology records.
It was indicated those requesting access to the records would not be required to give their
names, although if documented in writing, names would be released upon request,
according to public records law. City Attorney Akin said the City does not provide notice
of a public records request to others without being asked. Concerns were expressed
requiring immediate notification to the church could be perceived as an attempt to
intimidate those requesting access, and would place undue burden on staff. Discussion
ensued regarding rationale for Stipulation # 1 3, and the records process of accessing the
documents.
Commissioner Clark moved to approve the Stipulation and Agreement, less
paragraph #13. The motion was duly seconded.
Two citizens spoke in opposition to the settlement.
Upon the vote being taken, the motion carried unanimously.
ITEM #35 - City Manaqer Verbal Reoorts -- None
mcc09a98
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09/03/98
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ITEM #36 - Other Commission Action
Commissioner Seel announced the beginning of two concert series in Station Square
Park. She complimented Mr. Babalola on being the recipient of the 1998 Harry K.
Singletary, Jr. Crime Prevention Award.
Commissioner Johnson congratulated the Clearwater Magazine on its award. He
requested Clearwater firms be considered during the RFP (Request for Proposal) process for
, other engineering services. He was pleased with the results reflected in the grant report.
, He requested action be taken to address the condition of the property on Moorehaven Drive
about which a letter had been received.
Commissioner Hooper questioned if any damage had occurred during the day's
storm. The City Manager responded none of much substance.
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Mavor Garvev thanked Chief Klein for his efforts to address traffic safety, including
enforcement efforts to curb the running of red lights. She reported she had reviewed
minutes regarding the pool on Clearwater beach and that a $300,000 cost had originally
been anticipated. She stated she felt the City was in good standing in its position
regarding stormwater fees as the schools are the only ones not paying it. She reported
Clearwater had received the 3rd place bronze for the Nagano project and the 1 st place gold
for Clearwater magazine from the City County Communications and Marketing Association.
. ;
ITEM #37 - Adiournment
The meeting adjourned at 9:30 p.m.
ATTEST:
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mcc09a98
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Penny for PlnelJas . Recommonded Funding
September 1998
Revenues:
Pennies I
Pennies II
DOT Proceeds - Memorial Causeway Bridge
Plnellas County:' Memorial Causeway Bridge
. Total Revenues
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Pennies I ,
Old Clearwater Bay Substation
Paving Unpaved Streets
New Sidewalks
, Recreation Paths
New Parking Lots
, Northeast,Coachman Patit
McMullen TennIs Center
State Stlllet Park
D.O. Davis Park
SwImming Pool Renovations
Bridges. Docks, & Seawalls
District P8f1{lng Plan
Groundwater Qual~y Protection
Island Estates Playground
Softball Complex Development
Clearwater Marine Science Center
1997/90 Capitallmp(ovsment Plan
Debt on current loans
Pennies II
Beach streetscape
state Road 60 Beautification (Gulf-t<rBay)
Harborbluff Part '
Debt costs .' St. Rd 60 & Harborbluff Pk
N. Greenwood Corridor Enhancements
Traffic & Pedestrian Improvements
Mel11Ol1al Causeway Bridg~
Debt costS. Memorial Causeway Bridge
Ruth E~rd Half
, Long Center
N. Greenwood Complex & Pool
N. Greenwood Ubrary
Ross Nol1on Recreation -COmplex
'.J CountrysIde Infrastructure Improvements
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11.559,528
101,150,000
13,000,000
10,000,000
136.709,628
Current Recommendod
Commission Project
Approved Funding
125,000 125.000
200,000 200.000
1.247,000 1,247,000
450,000 450,000
165.000 165.000'
25,000 25,000
150,000 195.000
250,000 250.000
250.000 250,000
100,000 100,000
230,000 230,000
232,650 232,650
200,000 200;000
, 45,000 50,000
200,000
50,000
3,669,650
2.565,700 2.565,700
2,200.000 5.500,000
250,000 8.750,000
2,~O,OOO 2,000.000
'1.134,000
, .500,000
4,000,000 ts.:;.3,~;l.:F.~~~~j
13,000.000 40,900,000
5,618.919
2,000,000 2.000,000
1,000.000 1,000,000
3,OOO,()OO 4,000.000
800,000 800,000
2,000,000 2.500,000
500,000
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