04/01/1999 (2)
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CITY COMMISSION MEETING
CITY OF CLEARWATER
April 1, 1999
Present:.
Brian J. Aungst
Ed Hooper
J. B. Johnson
Robert Clark
. Ed Hart
Mayor/Commissioner
Vice-M ayer/Commissioner
Commissioner
Commissioner
Commissioner
Also Present: Michael J. Roberto
Richard L. Hedrick
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Deputy City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Reverend Jan Blissit of Trinity Presbyterian Church. 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
Proclamation: Child Abuse Prevention Month - April 1999
Proclamation: Lupus Alert Day - Ap~i1 1, 1 999
ITEM #5 - Presentations
a) Oath of Office to Community Development Board members
The City Clerk administered the Oath of Office to members Gerald Figurski, David
Gildersleeve, William Johnson, Edward Mazur, Jr., and Shirley Moran.
ITEM #6 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
March 18, 1999, and the special meeting of March 10, 1999, as recorded and submitted in
written summation by the City Clerk to each Commissioner. The motion was duly
seconded and carried unanimously.
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ITEM #7- Citizens to be heard re items not on the AQenda
Ernest Broderick reviewed his skills and complained that the City's radio repair
contract, approved last month, had not been put out to bid. Fleet Manager Frank Raymond
explained Mr. Broderick is the sole employee of his business and the City requIres highly
skilled repair work 24 hours a day and 7 days a week. Staff also had concerns Mr.
Broderick could not guarantee the City's $8-million system and his open line of credit with
Ericcson is only $5,000. The manufacturer's authorized dealer, which was contracted, has
a $600,000 line of credit and can meet the City's needs 100% of the time, an important
issue related to public safety.
Tom Sehlhorst recommended a 3-month redevelopment plan for North Greenwood.
William Jonson expressed concern regarding pending State legislation related to
billboards. He said a Florida League of Cities representative had thought Clearwater
supported compromising language. It was noted the City shares a lobbyist with the
outdoor advertising industry. The City Manager said the lobbyist had stated he had never
indicated his support of the pending legislation represented Clearwater's view. A letter will
be drafted once staff receives and reviews amended language.
PUBLIC HEARINGS
ITEM #8 - Public HearinQ & First Readina Ord. #6381-99 - Relating to Building Permit
Regulations; amending Ch. 47 by creating new Sec. 47.084 to require demolition fencing
(PLD)
This code amendment will secure demolition sites, one-acre or larger, to safeguard
residents. Currently, the City does not require access to demolition sites to be restricted.
This amendment requires temporary fencing around large structure demolition sites. The
fencing will require a permit prior to issuance of a demolition permit. The law will require
removal of the fencing upon completion of the demolition.
A citizen complained costs related to razing commercial properties are already high.
In response to a question, Building Inspector Kevin Garriott indicated no other local
jurisdiction has a similar requirement. The City Manager ref'3rred to complaints and safety
concerns related to neighborhood children playing on the unfenced Sunshine Mall
demolition site.
Commissioner Johnson moved to approve the amendment to Chapter 47 of the City
Code of Ordinances - fencing requirements for demolition sites. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6381-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6381-99 on first reading. The
motion was duly seconded and upon roll call, the vote WaS:
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"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
ttNays1t: None.
ITEM #9 - Public Hearlno - Variance{s) to Sion Reoulations for proposed Walgreen's Drug
Store to be located at 814 Cleveland St., Sarah McMullens Sub., part of Blk 4 (Leo A.
Arnold, SV99-03)(PLD)
In his March 24, 1999, letter, representative Timothy Johnson, Jr. requested this
item be continued to April 15, 1999.
One citizen spoke indicating corporate and franchise design can comply with local
regulations.
Commissioner Hooper moved to continue Item #9 to April 15, 1999. The motion
was duly seconded and carried unanimously.
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CITY MANAGER REPORTS
ITEM #10 - Approval of Purchases & Declaration of Surplus per 03/05/99 memorandum:
CONSENT AGENDA (Items #10-18) - Approved as submitted, less #16,
Martin's Uniform, employee uniform items for Fire Dept. Personnel, 04/02/99-09/30/99,
. ,I estimated $32,000 (FD)
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Hustler Turf Equipment of Florida, Inc., 5 Hustler mowers (replacements) for use by Parks
& Recreation, $50,406.73; funding to be provided under City's Master lease-Purchase
Agreement ($45,284.17) and upgrade ($5,122.56) (GSS)
Declare surplus and authorize disposal through sale at auction a list of equipment
ITEM # 11 - Approve extension (2nd & Final) to Disclosure Counsel Agreement with Nabors,
Giblin & Nickerson, P.A., to serve as City's disclosure counsel for period 05/16/99-
05/15/00 (FN)
ITEM #12 - Approve extension (2nd & Final) to Bond Counsel Agreement with Bryant,
Miller and Olive, P.A., to serve as City's bond counsel for period to 05/01/00 IFN)
ITEM #13 - Approve $20,000 expenditure from Recreation Facility Impact Fees for a beach
vegetation project on Sand Key (PR)
ITEM # 14 - Contract for design, construction & retrofit of bio~solids thickening & storage
appurtenances at Northeast APCF to Parsons Engineering, Engineer of Record, for
$153,762 (PW)
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ITEM # 15 - Contract for professional design & construction engineering services for now
aeration basin & pump station at Northeast APCF to McKim & Creed, Engineer of Record,
for $569,500 (PW)
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ITEM #16 - See Paoe 4
ITEM #17 - Natural Gas Utilitv Easement - 810 Gulf Blvd., Indian Rocks Beach, FL (David &
Mary,Wllkerson)(CA)
ITEM #18 - 1 O-foot Water Main Easement - for reconnecting water service between
Countryside K-Mart property and new Lowes Home Center (W & Z Properties, Ltd.)(CA)
Commissioner Johnson moved to approve the Consent Agenda as submitted less
Item #16 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM # 1 6 - Nominate Mavor Aunast to Clearwater's seat on the Florida league of Cities
Board of Directors (ClK)
Commissioner Clark noted the Mayor had expressed concerns at the Work Session
regarding his ability to meet the demands of this position due to other responsibilities. The
Mayor said he would serve on other boards. Commissioner Hart indicated he is willing to
serve on this board.'
Commissioner Johnson moved to nominate Commissioner Hart to Clearwater's seat
on the Florida League of Cities Board of Directors. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #19 - Uodate reaardina Beach Entrvwav {Roundaboutl Proiect (CM)
Public Works Administrator Rich Baier reviewed progress on the beach entryway
project. In response to a question, he said the temporary lot has resulted in a net increaRe
of 80 beach parking spaces.
ITEM #20 - First Readina Ord. #6378-99 ~ Authorizing not to exceed $30 million of
Storm water Revenue Bonds (FN)
During the next few years, the Capital Improvement Budget identifies $ 3D-million in
storm water projects to be funded through the issuance of bonds. To finance the first 2
years of these projects, the City anticipates issuing $7-miJlion in bonds this year. On
November 5, 1998, the City Commission adopted Resolution #98-52 to allow expenditure
of funds prior to the issuance of bonds. At second reading of this ordinance, staff will
bring forward a sale resolution for Commission adoption to authorize the sale of not to
exceed $7~million of Stormwater Revenue Bonds, Series 1999.
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. In response to a question, Mr. Baier said the next projects will address areas where
structural flooding is most critical and roads become impassable. Concern was expressed
the City Commission had not discussed the listed plan to purchase the Kapok Tree Mobile
Home Park. Staff will provide a white paper regarding the project critical to the outfall of
the Alligator Creek basin. Concern was expressed the property be cleared of mobile homes
priorto the City's purchase. In response to a question, Mr. Baier said retention ponds
constructed along Sunset Point Road will handle run-off from that widening project. The
ponds will not alleviate flooding related to Alligator Creek.
Commissioner Clark moved to authorize not to exceed $30-millioin of Stormwater
Revenue Bonds and that the appropriate officials be authorized to execute same. The
. motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6378-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6378-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #21 - (Cont'd from 03/18/99) Community DeveloDment Board - 1 appointment for 1
year term (eLK)
Commissioner Clark moved to appoint Douglas L. Hilkert. There was no second.
Commissioner Johnson moved to appoint Whitney Gray. There was no second.
Commissioner Hart moved to appoint Carlen A. Peterson. The motion was duly
seconded. Commissioners Hooper and Hart and Mayor Aungst voted "Aye";
Commissioners Johnson and Clark voted "Nay." Motion carried.
ITEM #22 - Airport Authoritv - 1 appointment (eLK)
Commissioner Hooper moved to reappoint Gary Benjamin. The motion was duly
seconded and carried unanimously.
ITEM #23 - Brownfields Advisorv Board - 2 appointments (CLK)
The City Clerk requested these appointments be continued until a related ordinance
is developed and adopted.
Commissioner Hooper moved to continue Item #23 to a date uncertain. The motion .
was duly seconded and carried unanimously.
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ITEM #24 - Neighborhood & Affordable Houslna Advisorv Board - 3 appointments (eLK)
.Commissioner Clark moved to appoint Stephen Jefferies to the banking category.
The motion was duly seconded and carried unanimously.
Commissioner Hooper moved to reappoint William Graham to the advocate for low
income housing category and Howard Groth to the provider low income housing category.
The motion was duly seconded and carried unanimously.
ITEM #25 - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
. ITEM #26 - Res. #99-22 - Demolition Lien - 900 Palmetto St., Revised Map of Jurgen's
Add., Blk F, Lots 4 & 5 (Church of God at Clearwater)
, The City Attorney presented Resolution #99-22 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99-22 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayesll: Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #27 ~ Res. #99-23 - Assessing property owners the costs of having mowed or
cleared owners' lots
The City Attorney presented Resolution #99-23 and read it by title only.
Commissioner Hooper. moved to pass and adopt Resolution #99-23 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll eal/,
the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #28 - First Readina Ord. #6386-99 - Relating to Ordinance violations; amending Sec.
1 .1 2 to adopt Pinellas County Administrative Order 98-07, Pinellas County Uniform Fine
Schedule
The City Attorney presented Ordinance #6386-99 for first reading and read It by
title only. Commissioner Johnson moved to pass Ordinance #6386-99 on first reading.
The motion was dUly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #29 - Other City Attornev Items - None.
, ITEM #30 - City Manaoer Verbal Reoorts
City Manager said staff will distribute lists of neighborhoods participating in
'. "Clearwater Celebrates Neighborhoodsi' on April 10, 1999. The Commissioners were
encouraged to attend.
ITEM #31 '- Other Commission Action
Commissioners wished holiday' greetings and a happy Easter season to the
community.
. Commissioner Hooper congratulated the City and region for shining in the national
spotlight during the Final Four championships.
ITEM #32 - Adjournment
The meeting adjourned at 7:06 p.m.
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Mayor/Co miss,i er
ATTEST:
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