04/03/1997CITY COMMISSION MEETING
CITY OF CLEARWATER
April 3, 1997
Present: Rita Garvey Mayor/Commissioner
J. B. Johnson Vice-Mayor/Commissioner
Robert Clark Commissioner
Ed Hooper Commissioner
Karen Seel Commissioner
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
Bob Keller Assistant City Manager
Pamela K. Akin City Attorney
Scott Shuford Central Permitting Director
Rich Baier Engineering Director
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at the County Assembly Room. The invocation was offered by Pastor David Smith of Faith United Church of Christ. 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
Proclamations: Library Week - April 13 - 19, 1997
Children’s Day - April 9, 1997
ITEM #5 - Presentations - None.
ITEM #6 - Approval of Minutes
Commissioner Seel moved to approve the minutes of the regular meeting of March 20, 1997, as recorded and submitted in written summation by the City Clerk to each Commissioner. The
motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Jay Keyes, representing the Clearwater Beach Association, requested fine related signs be replaced at crosswalks on Clearwater beach. Engineering Director Rich Baier said the signs
were part of an experimental pilot program with the Federal Highway Administration. The program was not approved and the signs were ordered down. Staff can look at additional ways
to control speeding.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading Ord. #6140-97 - Vacating 42’ railroad easement, 43.45’ railroad easement and 5’ drainage & utility easement bordering said railroad easement
lying in Clearwater Industrial Park and Clearwater Industrial Park Replat between Hercules Ave. & Belcher Rd. (Simpson & McCracken, V97-01)
The request is to vacate the entire 42-foot railroad easement, and the 5-foot drainage and utility easements lying each side of the 42-foot railroad easement and a 43.45-foot railroad
easement in Clearwater Industrial Park as recorded in Plat Book 44, Page 46, and Clearwater Industrial Park Replat as recorded in Plat Book 71, Page 91 both of the Public Records of
Pinellas County, Florida.
The applicant's interest lies within a portion of Lot 10 of Clearwater Industrial Park and a portion of Lot 2 of the Replat. The vacation of the railroad easement on this property
will affect all property owners West of the property. The Engineering Department included the whole railroad easement in this request to obtain citizen input at this Public Hearing.
As developer of this subdivision, the City platted the railroad easements and drainage and utility easements for the possible construction of a railroad spur. With much of the subdivision
developed, it appears the railroad spur is not needed or feasible to install. CSX railroad has provided a letter of no objection to the vacation of the easements.
Pinellas County Utilities, Florida Power, GTE Video, and Time Warner have no objections. GTE has no objection provided easements are retained over their existing facilities. Portions
of the easements to be vacated are not incorporated into the City limits. Pinellas County Public Works has provided a letter of no objection for these areas.
Various City departments/divisions concerned with easement vacation requests have reviewed this petition. Engineering Services has no objection provided drainage and utility easements
are retained over existing City and GTE facilities. Other City departments have no objections. The City Engineer recommends approval of this request.
Commissioner Clark moved to approve the request to vacate the 42-foot railroad easement and the 5-foot drainage and utility easements lying each side of the 42-foot railroad easement
and 43.45-foot railroad easement in Clearwater Industrial Park and Clearwater Industrial Park Replat subject to the City retaining drainage and utility easements as required by the City
Engineer and General Telephone. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6140-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6140-97 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #9 - Variance(s) to Sign Regulations for property located at 923 McMullen Booth Rd., Sec. 9-29-16, M&B 31.01 together with Del Oro Gardens, Lots 33-36, 44-46, 51 and part of 52
(Kapok Pavilion, Inc., SV96-26)
This variance application was continued on November 7, 1996. Pursuant to Commission direction, the applicant has worked with staff and has reduced the variances requested. The property,
on the East side of McMullen-Booth Road, is North of San Bernadino Street and is zoned General Commercial. The applicant requests variances: 1) a 30-square foot area variance from the
permitted 64-square feet to allow a 94-square foot freestanding sign and 2) a 3-foot height variance to allow a 23-foot high freestanding sign. A 10-foot high, 32-square foot auxiliary
sign is permitted because the property has more than 500 feet of frontage on McMullen-Booth Road.
Central Permitting Director Scott Shuford said issues have not been resolved regarding signs in some of the building’s windows. Tonight’s request relates to the freestanding sign.
Concern was expressed the existing palm tree will grow and eventually block the requested sign.
James Baker said heavy, high-speed traffic on McMullen-Booth Road has made ingress/egress to San Bernadino Street difficult. He opposed the sign variance request, stating distractions
on McMullen-Booth Road should be minimized. Concern was expressed San Bernadino Street traffic is sometimes blocked by truck deliveries to the subject business. It was felt instruments
in the windows are signs.
The applicant was not present.
Commissioner Seel moved to continue Item #9. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #10 - Ord. #6126-97 - Annexation for property located at 3131 John’s Parkway, John’s Parkway Sub., Lot 6 (Ronald & Laura Poirier, A97-03)
The City Attorney presented Ordinance #6126-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6126-97 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 #11 - Ord. #6127-97 - RS-8 Zoning for property located at 3131 John’s Parkway, John’s Parkway Sub., Lot 6 (Ronald & Laura Poirier, A97-03)
The City Attorney presented Ordinance #6127-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6127-97 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 #12 - Ord. #6128-97 - Annexation for property located at 1420 Sunset Point Rd., Sunset Highlands Unit 2, Lot 4 (Cynthia Wright, A97-04)
The City Attorney presented Ordinance #6128-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6128-97 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. #6129-97 - RS-8 Zoning for property located at 1420 Sunset Point Rd., Sunset Highlands Unit 2, Lot 4 (Cynthia Wright, A97-04)
The City Attorney presented Ordinance #6129-97 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6129-97 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. #6130-97 - Land Use Plan Amendment to Residential/Office General for property located at 1233 S. Myrtle Ave., Milton Park Sub., Blk 10, Lots 6-9 (Word of Faith Church
of God, Inc., LUP97-01)
The City Attorney presented Ordinance #6130-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6130-97 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 #15 - Ord. #6131-97 - OPD Zoning for property located at 1233 S. Myrtle Ave., Milton Park Sub., Blk 10, Lots 6-9 (Word of Faith Church of God, Inc., Z97-01)
The City Attorney presented Ordinance #6131-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6131-97 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 #16 - Ord. #6132-97 - Vacating east/west alley lying S of Lots 9-11, less W 3’, Blk 4, Gould and Ewing 2nd Addition, subject to applicant relocating at his expense City’s sanitary
sewer, water, gas & storm systems along with Florida Power & General Telephone facilities, within their respective replacement easements, and recording private agreement with authorized
representative of Coachman Building for solid waste pick up on applicant’s property (Haag / Savoy Ltd., V96-01)
The City Attorney presented an amendment to Ordinance #6132-97.
Commissioner Clark moved to amend Ordinance #6132-97 on page 2, Section 1 to add No. 6 as follows: “6) Provide to City a payment and performance bond in an amount equal the cost of
removal and relocation of all utilities issued by a surety company licensed to do business in the State of Florida.” The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6132-97, as amended, for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6132-97 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-19) - Approved as submitted.
ITEM #17 - Approval of Purchases per 03/21/97 memorandum:
One Ford F-800 cab and chassis to be converted to a container lift truck to be utilized by recycling throughout City for container relocation service; and authorize trade-in of one 1990
F-700 Ford cab and chassis, G-938, net cost $24,856, Atlantic Ford Truck Sales (SW)
ITEM #18 - Locker Room Renovations at McMullen Tennis Complex, Darcon, Inc., $65,992 (PR)
ITEM #19 - Cooperative Agreement with SWFWMD for development of Phase I of City-wide reclaimed water system, providing reimbursement of eligible project costs not to exceed $2,425,000
(EN)
Commissioner Johnson moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #20 - Res. #97-21 - approving Sovereign Submerged Lands Use Agreement No. UA-52-194 with Board of Trustees of Internal Improvement Trust Fund of State of Florida for a waterway
crossing for Clearwater Gas System (GAS)
CGS (Clearwater Gas System) has completed installation of a subaqueous natural gas main within the Pasco County right-of-way for crossing the Anclote River along Perrine Ranch Road.
Continuation of CGS’s permit for this line requires execution of Sovereign Submerged Lands Use Agreement No. UA-51-194. The Anclote River subaqueous crossing is part of the Pasco Phase
IV Gas Construction Project, placed in service on March 5, 1997. This crossing provides natural gas service East of US 19, including the Trinity Community and commercial properties
along CR 1 (Little Road) and Mitchell Bypass and provides gas service southward along East Lake Road to Keystone Road in Pinellas County.
Commissioner Seel moved to approve a Sovereign Submerged Lands Use Agreement No. UA-52-194 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida
for a waterway crossing for the Clearwater Gas System, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #97-21 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #97-21 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #21 - Res. #97-22 - accepting the franchise, privilege and concession of the Town of Belleair Shore, Florida, for the purpose of furnishing gas within Belleair Shore and to its
habitants, and approving the Interlocal Agreement related thereto (GAS)
On March 19, 1997, the town of Belleair Shore’s Board of Commissioners approved the Interlocal Agreement with the City to provide natural gas service in Belleair Shore. The Interlocal
Agreement incorporates franchise provisions as part of the document. The Interlocal Agreement provides the City a 30-year non-exclusive right to supply natural gas service and to construct,
operate, and maintain all facilities necessary to supply natural gas to the town of Belleair Shore. The Interlocal Agreement provides for a franchise fee up to 5% to be paid by natural
gas consumers within the town of Belleair Shore.
Commissioner Hooper moved to approve and accept an Interlocal Agreement/ franchise with the town of Belleair Shore to provide natural gas service to the citizens of Belleair Shore,
and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #97-22 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-22 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #22 - Neighborhood & Affordable Housing Advisory Board - 3 appointments (CLK)
Commissioner Johnson moved to reappoint Milly Joplin, Mayme Hodges, and Howard Groth. The motion was duly seconded and carried unanimously.
ITEM #23 - Update on Stevenson’s Creek (EN)
Mr. Baier said the Stevenson’s Creek erosion and flooding abatement project is going well and all 15 required easements have been obtained. Duly recording all easements will delay
the project slightly and require a small change order for remobilization.
Civil Engineer Mahshid Arasteh displayed before and after aerial photographs and provided an update of progress on the Stevenson’s Creek project in the area of Pierce Street, Hillcrest
Avenue, and Druid Road where 4 major roadway crossings have been replaced. Work has started on the creek behind Betty Lane properties. Throughout the project, the City has maintained
interaction with the public, residents, etc. She estimated completion will occur by the end of June 1997. The gabions will be installed after the rainy season. Mr. Baier reported
the City has received few complaints regarding this project and complimented Ms. Arasteh and Traffic Engineering for their attentive management. Druid Road has reopened.
ITEM #24 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #25 - Resolutions
a) Res. #97-23 - requesting President establish Presidential initiative or Blue Ribbon Commission on underage drinking, and requesting congress hold a hearing to evaluate the need for
uniform national standards regarding drunk driving
Consensus was to amend this resolution and direct it also to all of Florida’s Senators and Clearwater’s Congressional Representatives.
The City Attorney presented Resolution #97-23 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-23 as amended and authorize the appropriate officials
to execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #26 - Other City Attorney Items
The City Attorney introduced law clerk intern John Cautero.
ITEM #27 - City Manager Verbal Reports
FLC (Florida League of Cities)
The City Manager said the FLC has requested Commission input to the Commission of Local Government II. A video regarding this will be presented at a future meeting.
The City Manager reported the City Clerk is attending FLC’s Legislative Action Day on April 9, 1997.
Vision Statement Presentation on C-View
A meeting to review the City Commission’s Vision Statement Presentation on C-View was scheduled for April 15, 1997, at 6:00 p.m. at C-View studios.
Pinellas Trail
The City Manager referred to a memorandum from Parks & Recreation Director Ream Wilson regarding a proposal for the sidewalk portion of the Pinellas Trail through downtown to have a
distinct color. Consensus was to approve the proposal if the cost is minimal.
City Manager Resignation
The City Manager said her resignation currently is effective May 2, 1997. She requested delaying the effective date to one that coincides with the arrival of the new City Manager.
Consensus was to approve the request, with appreciation.
County Facilities
The City Manager thanked the Pinellas County Administration and staff for hosting the City’s Commission meetings during repairs at City Hall. The April 17, 1997, Commission meeting
is scheduled for City Hall.
Legislative Issues
The City Clerk said a memorandum listing legislative concerns from the Clearwater Gas System Managing Director had been distributed. The FLC also opposes proposed telecommunication
legislation, expressing concerns a precedent could be established that places future limits on municipal utilities. It was suggested City utilities should participate on a “level playing
field.” Additional information regarding the legislation was requested.
The City Clerk referred to a recent letter from the City of Port Richey requesting Clearwater pass a resolution opposing legislation to abolish the city and annex it into New Port Richey.
Consensus was to take no action.
The City Clerk will forward additional information regarding a proposed gross receipts tax for water, sewer, and solid waste, when it is received.
In response to a question, the City Clerk said the City will not be able to tap into bill tracking until next year. The City currently relies on its lobbyist to forward a tracking
list.
ITEM #28 - Other Commission Action
a) Pension Advisory Committee - one appointment
Commissioner Johnson moved to reappoint Mayor Garvey. The motion was duly seconded and carried unanimously.
Commissioner Seel requested a current list of City Commission board assignments be included in the next agenda packet.
Commissioner Seel referred to a letter from the Morningside/Meadows Homeowners Association complimenting staff for trimming trees and keeping the neighborhoods neat.
Commissioner Seel noted a recent letter to the editor from a tourist complimented Clearwater.
Commissioner Clark thanked Pinellas County citizens for their vote of confidence by approving the Penny for Pinellas renewal.
Mayor Garvey indicated Penny for Pinellas funds cannot be spent immediately but will be used according to a long range plan.
Mayor Garvey said the Florida Department of Health had sent a letter regarding fluoridating the water supply. As the City may not control its water supply within several years, it
was felt local water management should address this issue.
Mayor Garvey stated residents can contact (813) 562-5644 to report malfunctioning street lights. Mr. Baier said the City pays a flat rate for street lights. Clearwater will be part
of an evening street light crew pilot project.
Mayor Garvey invited people to the downtown Farmers Market on Saturday mornings.
ITEM #29 - Adjournment
The meeting adjourned at 6:58 p.m.