09/17/1998CITY COMMISSION MEETING
CITY OF CLEARWATER
September 17, 1998
Present: Rita Garvey Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Karen Seel Commissioner
Also Present: Michael J. Roberto City Manager
Richard L. Hedrick Deputy City Manager
Bob Keller Assistant City Manager
Leslie Dougall-Sides Assistant City Attorney
Cynthia E. Goudeau City Clerk
Gwen Legters Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Commissioner Clark. The Mayor led the Pledge of Allegiance.
The Mayor apologized for not knowing Reverend Daniels was at the September 3, 1998 meeting to give the invocation.
To provide continuity for research, items are in agenda order although not necessarily discussed in that order.
ITEM #3 - Service Awards
Two service awards were presented to City employees.
ITEM #4 - Introductions and Awards
Proclamation -- Assisted Living Week, September 13-19, 1998.
ITEM #5 - Presentations – None.
ITEM #6 - Minutes Approval
Commissioner Johnson moved to approve the minutes of the regular meeting of September 3, 1998, and the special meeting of September 3, 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 regarding items not on the Agenda
Charles Riggs, representing the Chamber of Commerce, requested consideration of a facade grant program for hotel properties on Clearwater beach.
Stepheno Maginati thanked the Commission for Pier 60 entertainment, road resurfacing, Community Sailing Center, and support of the Marine Science Center. He requested the arts be more
fully supported.
PUBLIC HEARINGS
ITEM #8 - Budget - 1998-99
a) Public Hearing & Second Reading - Ord. #6328-98 - Declaring the Millage Rate for Fiscal Year 1998-99 at 5.1158 mills
The Assistant City Attorney presented Ordinance #6328-98 for second reading and read it in full. Commissioner Hooper moved to pass and adopt Ordinance #6328-98 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.
b) Public Hearing & Second Reading - Ord. #6329-98 - Adopting the operating budget for Fiscal Year 1998-99
The Assistant City Attorney presented Ordinance #6329-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6329-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, and Garvey
"Nays": Seel.
Motion carried.
Mayor Garvey appreciated having money set aside for road improvements.
c) Public Hearing & Second Reading - Ord. #6330-98 - Adopting the Capital Improvement Program budget for Fiscal Year 1998-99
The Assistant City Attorney presented Ordinance #6330-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6330-98 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.
The City Manager acknowledged staff’s tremendous effort to prepare and balance the budget.
ITEM #9 - (Cont. from 8/20/98) Public Hearing & First Reading Ord. #6321-98 - Vacating full East/West right-of-way of Bryant Street (formerly Bryan Avenue) lying 38’ Westerly of Lot
22,
Oak Haven Sub., together with that portion of the North/South right-of-way of Cross Lane lying south of Bryant Street, subject to conditions (Medec / Gaylor Engineering, V98-06)(PW)
The applicant is requesting the vacation in order to use the rights-of-way and adjacent properties to construct an adult living facility. City utilities within the rights-of-way will
be relocated at the applicant's expense during development. City infrastructure will be installed in new easements to be provided by the owner. Private and public utilities have no objections
to the proposal. Peppermill Restaurant has an existing private force main located in Bryant Street that must be relocated at the applicant's expense and an appropriate easement provided.
The City Commission approved vacation requests in 1981 and 1996, but owners failed to meet conditions of approval and the rights-of-way were not vacated. Due to concerns the vacation
would impact adjacent Peppermill Restaurant adversely, this item was continued from August 20 with instructions to staff to work toward a compromise between applicants and the restaurant
owner. Planning and Development Services Director Lorenzo Aghemo stated both parties have made an honest attempt, but have been unable to agree on a compromise.
Mike Gaylor, representing the applicants, related project details, site history, and conditions that support vacation. He indicated applicants have met the burden of proof regarding
need for the vacation, ability to relocate utilities, satisfaction of environmental site issues, and have gone to great lengths to meet code. Attempts to negotiate a compromise that
would satisfy the restaurant owner’s desire for rear delivery truck access and additional parking spaces were not successful. Mr. Gaylor indicated he has exhausted his options and asked
the Commission to proceed with approval as the vacation is critical to the site plan.
Steve Frasier, Vice President of Development for Encore Senior Living related his company’s 30-year history of providing senior nursing products. He explained the importance of pursuing
development of the proposed specialized Alzheimer’s and senile dementia treatment facility. Attempts to compromise were reviewed. In response to questions, staff affirmed all options
that meet existing code have been explored and the new land development code would be more flexible.
Steven Watts, attorney representing the property owners, said the property is owned in partnership and has been vacant for years. The owners have not complained about restaurant parking
on their property, but have a right to develop their property. The development will be attractive and will help the community. The request should not be penalized because the restaurant
has insufficient parking.
Peppermill Restaurant owner David Lowery expressed concerns the vacation would close access to an area used for restaurant parking, eliminate a means of egress from the main parking
lot, and cut off rear deliveries. The compromise he proposed involved compressing open space within the development to create a wider buffer for parking and deliveries along the edge.
Discussion ensued regarding an illustration of Mr. Lowery’s proposal for a “compressed” development. A petition from truck drivers was submitted for the record. In response to questions,
Mr. Lowery stated he had made several offers to buy a portion of the parcel for his use, but could not afford to purchase the entire parcel. Delivery trucks would not go through the
adjacent residential neighborhood.
One person spoke in opposition to approving a vacation before a compromise is reached. One person spoke in support of the vacation to expedite the facility.
Mr. Gaylor thanked staff for their cooperation. He noted the subject right-of-way is substandard. The restaurant has sufficient parking to meet code. He considered the compressed
plan, but having parking spaces within 5 feet of the building was not acceptable. He said it was unfortunate a compromise was not achieved, and felt it is time to move ahead with the
project. Discussion ensued regarding proposed setbacks.
Mr. Frasier related difficulties of functioning on the suggested compressed site. In response to questions, he said the entire facility is not gated; fences or walls will provide security
around residential cottages with individual courtyards. Referring to drawings of the facility, Mr. Frasier showed where delivery access and a sidewalk to the restaurant’s service entrance
were proposed. A large common area in the middle of the site serves as a hub for administrative, food service, and activity functions. Distances between buildings and property lines
were discussed.
Commissioner Johnson moved to vacate the full East/West right-of-way of Bryant Street (formerly Bryan Avenue) lying 38’ westerly of Lot 22, Oak Haven Sub., together with that portion
of the North/South right-of-way of Cross Lane lying south of Bryant Street, subject to conditions. The motion was duly seconded.
Steven Watts did not feel taxpayers should continue supporting a road used only for private delivery access, nor that a property owner should be saddled with responsibility of providing
parking for a neighbor.
Some concern was expressed with taking action now rather than waiting a few months until the new code is adopted. Some felt the applicants had made reasonable accommodations for the
restaurant.
Upon the vote being taken, Commissioners Johnson, Hooper, and Mayor Garvey voted “Aye”; Commissioners Clark and Seel voted “Nay.” Motion carried.
The Assistant City Attorney presented Ordinance #6321-98 for first reading and read the ordinance by title only. Commissioner Hooper moved to pass Ordinance #6321-98 on first reading.
The motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Hooper, and Garvey.
"Nays": Clark and Seel.
Motion carried.
ITEM #10 - Public Hearing & First Reading Ord. #6320-98 - Amending Ord. #6268-98 to correct the future land use designation from Residential Medium to Residential/Office General (P.B.
Horizon, Inc., LUP98-03)(CP)
This amendment relates to the future land use plan designation previously assigned to this property located at 1384 Pierce Street. It was the intent of the City to classify the subject
property as Residential/Office General. However, the property was erroneously assigned an “Office General” land use plan classification. The Countywide Planning Authority (CPA) on
August 11, 1998, took action and unanimously approved the land use plan classification for the
subject property to “Residential/Office General.” The supplemental recommendation by the Pinellas Planning Council (PPC) called the City’s attention to the “Office General” land use
plan category described in City Ordinance #6268-98, and advised the City to correct this inconsistency. This action is in compliance with that directive. Upon adoption of Ordinance
#6320-98 by the City Commission, a copy of the adopted ordinance will be sent to PPC for its record.
Commissioner Johnson moved to amend Ordinance #6268-98 to correct the future land use designation for M&B 14/01 Sec. 15-29-15 from Residential Medium to Residential/Office General.
The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Ordinance #6320-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6320-98 on first reading. The motion
was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
ITEM #11 - (Cont. from 8/20/98) 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 (CA)
The federal Telecommunications Act of 1996 contains provisions related to local zoning of telecommunications towers, antennas, and related facilities. It is recommended that the City’s
Land Development Code be updated to reflect these federal provisions, as well as to set forth specific design standards for the facilities and to encourage their joint use through collocation.
The current zoning provisions do not specifically address telecommunications towers and antennas; they are treated as “utility facilities” with regard to location and as any other structure
with regard to height, setback, and other dimensional requirements. Language allowing towers as conditional uses in the beach commercial zoning district (Section 40.365) that was inadvertently
included in the Receipt and Referral version has been deleted from this version.
Assistant City Attorney Dougall-Sides reported the Planning and Zoning Board endorsed this item at their September 15 meeting, with the following changes: 1) make the towers a conditional
use, instead of a permitted use as presently drafted, in the Public/Semipublic Zoning District; 2) in the Design Standards section, change the “variance” language to a “waiver” concept;
3) change the Design Standard regarding “stealth technology” to read, “To the extent practicable, the tower shall be designed to blend into the surrounding environment to protect the
aesthetics of the neighborhood.”; 4) omit the requirement for an Annual Report by tower owners; 5) add the following language as the fourth sentence on page 6 of the ordinance: “The
installation of an antenna on an existing tower which is nonconforming in terms of the provisions of this division shall not be deemed to constitute the expansion of a nonconforming
use.”; 6) consider increasing the allowable height of tower to 200 feet; and 7) change screening requirement to add masonry walls and wood fences in addition to landscaping. She noted
#6 is not recommended by staff. Some support was expressed for using definition language instead the term, “stealth technology.”
Bill Jonson, Citizens for a Better Clearwater, felt 200-foot tall towers to be excessive. He suggested a standard requiring 4 feet of setback from residential property, for each foot
of tower height.
Laura Bellflower, attorney representing Primeco, stated 200-foot towers were suggested by the Planning and Zoning Board, possibly to provide more collocation opportunities with fewer
towers. Industry is satisfied with 160-foot towers. Explaining visibility and fall zone characteristics, she requested the height to setback ratio not exceed 1:1. She requested deletion
of “stealth technology” and its definition, suggesting substitution of language indicating appropriate tower type should be selected for each area. She requested addition of a provision
allowing replacement or modification of towers without going through an approval process, if code is met; if code is not met, allowing a 40-foot height increase. In response to a question,
Ms. Bellflower said towers are limited in the number of wireless communicators they can support because antennas must be located at least 20 feet apart to avoid frequency conflicts.
Frank Stanonis, attorney representing APT Tampa-Orlando, Inc. (“Aerial”), stated he had provided the Planning and Zoning Board with statistics that towers in surrounding jurisdictions
are generally about 200 feet tall. He briefly discussed radio frequency interference issues related to collocation. He indicated his concerns regarding “stealth” and replacement had
been addressed.
In response to a question, the Assistant City Attorney said staff did not recommend replacement or modification without board review and approval.
Concerns were expressed with voting on the item tonight, as it was felt the new issues raised need further review.
Commissioner Clark moved to continue Item #11 to the meeting of October 1, 1998. The motion was duly seconded.
Consensus was for staff to amend the ordinance: 1) make the towers a conditional use, instead of a permitted use in the Public/Semipublic Zoning District; 2) in the Design Standards
section, change the “variance” language to a “waiver” concept; 3) change the Design Standard to eliminate the term, “stealth technology,” leaving the description, “To the extent practicable,
the tower shall be designed to blend into the surrounding environment to protect the aesthetics of the neighborhood.”; 4) delete the 200-foot tower height, reverting to 160 feet; and
5) add masonry walls and wood fences to screening requirements.
Upon the vote being taken, the motion carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #12 - (Cont. from 8/20/97) 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. Lahara / Medec, Z98-08)
The Assistant City Attorney presented Ordinance #6289-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6289-98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Johnson, Clark, Hooper, and Garvey
“Nays”: Seel.
Motion carried.
ITEM #13 - Ord. #6314-98 - Annexation for property located at 2355 Nursery Rd., Pinellas Groves, Sec. 19-29-16, SW¼, part of Lot 18 (Kim B. Wong, A98-24)
The Assistant City Attorney presented Ordinance #6314-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6314-98 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. #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
The Assistant City Attorney presented Ordinance #6315-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6315-98 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 #15 - Ord. #6317-98 - Annexation & RS-2 Zoning for property located at 2355 Nursery Rd., Pinellas Groves, Sec. 19-29-16, SW¼, part of Lot 18 (Kim B. Wong, A98-24)
The Assistant City Attorney presented Ordinance #6317-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6317-98 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 #16 - Ord. #6322-98 - Land Use Plan Amendment to Institutional 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 Assistant City Attorney presented Ordinance #6322-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6322-98 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. #6323-98 - 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 Assistant City Attorney presented Ordinance #6323-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6323-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Johnson, Clark, Hooper, Seel, and Garvey
“Nays”: None.
ITEM #18 - Ord. #6324-98 - Land Use Plan Amendment to Residential High for property located at 1370 Gulf Blvd., Sec. 19-29-15, M&B 14.04, 14.05 & 14.06 (Amza D. Abdullaj & Clearwater
Sand Key Club 1 Homeowners Association, LUP98-07, Z98-09)
The Assistant City Attorney presented Ordinance #6324-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6324-98 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 #19 - Ord. #6325-98 - RM-28 Zoning for property located at 1370 Gulf Blvd., Sec. 19-29-15, M&B 14.04, 14.05 & 14.06 (Amza D. Abdullaj & Clearwater Sand Key Club 1 Homeowners Association,
LUP98-07, Z98-09)
The Assistant City Attorney presented Ordinance #6325-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6325-98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Johnson, Clark, Hooper, Seel, and Garvey
“Nays”: None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-27) – Approved as submitted less Item #22.
ITEM #20 - Approval of Purchases per 8/26/98 memorandum:
Central States Fire Apparatus, L.L.C., (replacement) two 1999 Ford F-350 Super Duty cab & chassis rescue units with Central States Fire Apparatus rescue units, $142,174 (PO to be issued
10/1/98 as funding is included in FY1998-99 budget); financing to be provided under City’s Master Lease-Purchase Agreement (FD)
Kennedy Valve / Division of McWane, fire hydrants, 9/18/98-9/30/99, est. $35,000 (PW)
Oracle Corp., Oracle database software licenses, 10/1/98-9/30/99, $41,540 (IM)
Hughes Supply Inc., design service & lighting materials to be installed by Parks & Rec. personnel at Eddie C. Moore West Park’s 3 new ballfields, currently under construction, $52,260
(PR)
Clark Sales Display, increase to new est. total $220,000 for remaining portion of contract ending 1/15/2001 to provide funding for additional decoration service at Station Square Park
& Pier 60 during December/January holiday periods (PR)
ITEM #21 - Approve purchase of property, casualty, liability, workers’ compensation, Emergency Medical Services, & flood insurance coverage for Fiscal Year 1998-99, in an amount not
to exceed $750,000 (FN)
ITEM #22 - See Page 10
ITEM #23 - Lease Agreement with Clearwater Housing Authority, 2931 Sandlewood Drive, substation in Jasmine Courts (formerly Condon Gardens), 8/1/98-7/31/99 (PD)
ITEM #24 - Contract for purchase of real property with Auto Cooling & Exhaust Systems, Inc., of vacant property, Lot 19, Blk 5, R. H. Padgett’s Resubdivision of Original Lots 2 & 5;
approve assignment of said contract to Ralph W. Munyun, Jr., for $35,000 cash, with City to pay the $5,000 balance of purchase price, plus est. closing expenses of $300, in consideration
of receiving title to the North 20’ of said property, for total cost to City not to exceed $5,300 (PW)
ITEM #25 - Purchase Agreement for r-o-w with Ralph W. Munyun, Jr., of vacant property, North 20’ of Lot 20, Blk 5, R. H. Padgett’s Resubdivision of Original Lots 2 & 5, for $4,000 plus
est. closing costs of $15 for total cost not to exceed $4,015 (PW)
ITEM #26 - Agreement with Alcalde and Fay to provide lobbyist services at the federal level, for a maximum of one year, cost not to exceed $60,000 plus expenses not to exceed $7,000
(CLK)
ITEM #27 - Landscaping, Parking & Utility Easement - Eckerd’s Drugs - Mandalay Ave., Clearwater Beach Park 1st Add., Blk B, part of Lot 26 together with Clearwater Beach Park 1st Add.
Replat, Blk A, part of Lot 10, and portion of vacated alley lying between (JEC Funding, Inc.)(CA)
Commissioner Clark moved to approve the consent agenda, less Item #22, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously.
ITEM #22 - Confirm/Ratify purchase of a single premium Pollution and Remedial Legal Liability insurance policy as required by contracts with Information Management Resources, Inc. (IMR,
Inc.)(FN)
The Community Redevelopment Agency (CRA) negotiated the sale of property located at 10 South Missouri Avenue, to Information Management Resources, Inc. (IMR, Inc.) A provision of these
contracts required the City to purchase a Pollution and Remedial Legal Liability policy for a ten-year period. The closing of this transaction occurred on July 31, 1998, at which time
the purchase of this insurance and the binder for its coverage was required. The
Risk Management Division obtained three quotations for purchase of this insurance from three separate insurance companies. The policy of Reliance National provided the broadest coverage
at the best price and was the policy desired by both the City and IMR, Inc. Terms of the policy are: Policy Period 7/31/98-7/31/08; Coverage A. Pollution Legal Liability, B. Remediation
Legal Liability, C. Legal Defense Expense; Limit of Liability $2,000,000; and Self-Insured Retention $200,000. This insurance was purchased at a one-time premium of $76,095.00 from
Reliance National Indemnity Company.
Commissioner Seel requested removal of this item from the consent agenda to question why the cost came back at this high level when the original estimate had been about $20,000. Finance
Director Margie Simmons said at the time the estimate was given, the numbers were not firm and a policy was hard to get. She said this is an excellent 10 year policy with few exclusions.
In response to a question, the City Manager said the increase can be managed within the budget agreed with IMR.
In response to questions, Ms. Simmons will provide information regarding the insured and second insured parties. In response to a question whether the Charter was followed, Ms. Simmons
said due to tight deadlines, this policy was required before having the opportunity to obtain Commission approval (although the agreement requiring the
purchase was previously approved.) This item was brought forward for the City commission to ratify and confirm the specific policy purchase since the cost exceeds $25,000.
Commissioner Johnson moved to confirm/ratify purchase of a single premium Pollution and Remedial Legal Liability insurance policy as required by contracts with Information Management
Resources, Inc. (IMR, Inc.). The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #28 - Third Quarter Budget - 1997-98 (BU)
The third quarter budget report includes detailed explanations of budget amendments, a schedule of administratively approved change orders, and a list of self-insurance settlements.
A September 8 memo from the City Manager highlighted amendments to:
General Fund – The $428,000 balance of the $1 million “Vision” fund was distributed for the purpose of hiring a Master Developer as previously approved by the City Commission. General
Fund revenues and expenditures are increased by a net of $95,000, representing the allocation of funds from closing the old GOB bonded debt fund to provide funding for the 1998/99 Ervin’s
All American Youth Grant approved by the City Commission August 20, 1998. Unappropriated retained earnings remain the same as at mid-year, at approximately 10.7% of the General Fund.
Gas Fund – Primary amendments reflect receipt of $437,500 insurance proceeds to be applied to environmental work on the Myrtle Street Gas System property.
Harborview Fund – Amendments reflect borrowing $80,000 from the cash pool to offset anticipated interest payments on the cash pool loan for the fiscal year.
Internal Service Funds – The most significant amendment includes appropriation of $996,820 from the Premium Stabilization Fund to the Special Program project for buyouts of union leave
approved by the City Commission July 16, 1998. All internal service operations remain healthy at third quarter.
Capital Improvement Program Fund – Amendments total a net increase of $5,472,000, primarily due to: a budget increase of more than $1.4 million recognizing the net proceeds from the
IMR Development land sale; a budget increase of $1.5 million to establish the Utility Billing Customer Information project for installation of the City’s Utility billing system approved
June 18, 1998; an increase of $500,000 in the new Main Library project recognizing a donation for the construction of the new main library; and more than $1.6 million reimbursement from
Pinellas County and SWFWMD (Southwest Florida Water Management District) for improvements to Allen’s Creek and Alligator Creek. All other significant Capital Improvement Project budget
increases have been previously approved by the City Commission and are outlined in the detailed report.
a) First Reading Ord. #6326-98 - Amending Operating Budget for Fiscal Year 1997-98
The Assistant City Attorney presented Ordinance #6326-98 for first reading and read the ordinance by title only. Commissioner Clark moved to pass Ordinance #6326-98 on first reading.
The motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
b) First Reading Ord. #6327-98 - Amending Capital Improvement Program Report and Budget for Fiscal Year 1997-98
The Assistant City Attorney presented Ordinance #6327-98 for first reading and read the ordinance by title only. Commissioner Hooper moved to pass Ordinance #6327-98 on first reading.
The motion was duly seconded, and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays": None.
ITEM #29 - Other Pending Matters – None.
CITY ATTORNEY REPORTS
ITEM #30 - Res. #98-31 - Demolition Lien - 3042 Prestige Dr., Forest Wood Estates 1st Add., Lot 89 (Michael Tenorio and Harriette Tenorio, a/k/a Marlene Tenorio)
The Assistant City Attorney presented Resolution #98-31 and read it by title only. Commissioner Clark moved to adopt Resolution #98-31 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 #31 - Res. #98-33 - Abatement Lien - 724 S. Missouri Ave., Mary Land, Blk B6, part of Lots 11-14 (Sibylle Clark and Cynthia Lynn Akers)
The Assistant City Attorney presented Resolution #98-33 and read it by title only. Commissioner Hooper moved to adopt Resolution #98-33 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 #32 - Res. #98-34 - Demolition Lien - 1413 Osceola Ave., Sharp’s Sub., Lot 6 (Cynthia L. Merritt)
The Assistant City Attorney presented Resolution #98-34 and read it by title only. Commissioner Johnson moved to adopt Resolution #98-34 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 #33 - Res. #98-38 - Demolition Lien - 1140 Palm Bluff, Greenwood Park #2, Blk F, Lots 52 & 53 (Charles Howard)
The Assistant City Attorney presented Resolution #98-38 and read it by title only.
Staff was requested to determine whether the $25.00 per hour labor charge covers City’s expenses for performing demolitions.
Commissioner Seel moved to adopt Resolution #98-38 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 - Res. #98-39 - Demolition Lien - 917 Seminole St., Pine Crest Sub., part of Lot 1 (Gulfstream Contractors, Inc. And Klavdia Karpof, as her interest may appear)
The Assistant City Attorney presented Resolution #98-39 and read it by title only. Commissioner Hooper moved to adopt Resolution #98-39 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 #35 - Other City Attorney Items -- None
ITEM #36 - City Manager Verbal Reports
The City Manager questioned whether Commissioners wished to reschedule the regular City Commission meeting of November 19 to attend the first day of the 30th annual Florida Legislative
Conference in Orlando. He noted importance of ensuring the City’s program fits with that of the legislators. Consensus was not to reschedule as Commissioners who attend generally go
to the Friday morning session.
ITEM #37 - Other Commission Action
Commissioner Seel reported the current striping on Gulf to Bay is temporary and the permanent striping will not include a bike lane. She encouraged participation of the schools in
Florida Government Week. She questioned if there would be any action on the parking fund revenue. There will be a presentation at a future meeting. She urged everyone to attend the
Birding Festival at the Harborview Center this weekend. She requested times be included on the events calendar. She displayed a copy of “Clearwater Marine Adventures” and stated there
were a lot of neat things in it. She announced Delta Kite from Cypress Gardens will be performing at Pier 60 Saturday night.
Commissioner Johnson stated he did not feel it was appropriate to delay making appointments to boards in order to get more names when there are several names already listed as being
interested.
Commissioner Hooper announced next Friday would be the TASTE OF CLEARWATER at the Harborview Center.
Mayor Garvey announced the 6th Annual Studio Waltz that will include Roger Bansemer’s studio. She congratulated the Clearwater Chamber of Commerce on being designated the Florida Chamber
of the Year. She announced Ruth Eckerd Hall is celebrating its 15th year. She announced the Coastal and downtown Clean-ups. She announced Clearwater had received Savvy Awards for
“Clearwater Magazine” and the Nagano Pavilion.
Commissioner Clark announced the Young Eagles program at the Clearwater Airpark.
ITEM #38 - Adjournment
The meeting adjourned at 8:45 p.m.