10/15/1998CITY COMMISSION MEETING
CITY OF CLEARWATER
October 15, 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 (arrived 6:15 p.m.)
Richard L. Hedrick Deputy City Manager
Bob Keller Assistant City Manager
Pamela K. Akin 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 Reverend Anton DeWet 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
Three service awards were presented to City employees.
ITEM #4 - Introductions and Awards
Proclamation: Teen Read Week - October 19 - 25, 1998
ITEM #5 - Presentations
a) Recognition of Legislators & State Officers for supporting Nagano Hospitality Center
Mayor Garvey presented a plaque and poster regarding Pavilion in the Sun. Volunteers were thanked.
ITEM #6 - Minutes Approval
Commissioner Johnson moved to approve the minutes of the regular meeting of October 1, 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
Roy Cadwell complained of charges for City services continuing while seasonal residents are away.
Early Sorenson appreciated the Nagano expedition, library system, police force, and development code rewrite. He requested a copy of the draft code. He submitted a plan for moving
Tattletales from Gulf to Bay Boulevard.
PUBLIC HEARINGS
ITEM #8 - Variance(s) to Sign Regulations for property located at 1454 Belleair Rd., Sec. 23-29-25, M&B 33.02 (Central Church of Christ of Clearwater, Inc., SV98-12)(PLD)
The applicant is requesting variances that would allow an existing freestanding sign to remain on the church property, subject to conditions: 1) no additional freestanding signs shall
be permitted on this property; and 2) installation of the agreed landscape plan. This sign identifies the church name, services, and displays public messages of a spiritual nature.
Approximately one-third of the sign area is devoted to these messages. Strict enforcement of the sign code would impose a hardship on the applicant that would outweigh any derivative
public benefit. Variance approval with conditions will enhance, rather than detract from City appearance.
Gordon Methvin, Elder representing the applicant, said the sign has existed more than 25 years. The applicant proposes to upgrade and reface the sign as well as landscaping around
it as part of major renovation underway at the church.
In response to questions, Planning Manager Sandra Glatthorn said maximum allowable sign area for the subject property is 120 square feet for freestanding, 48 square feet for attached,
and 24 square feet for bulletin board. The existing freestanding sign is 88.4 square feet. Some concern was expressed the 17.1-foot existing height is excessive. In response to questions,
Mr. Methvin said the sign design will not change, and there are no plans to add to the existing bulletin board space. The applicants thought the sign was grandfathered due to its age.
Commissioner Hooper moved to approve variances to sign regulations for property located at 1454 Belleair Road, Sec. 23-29-25, M&B 33.02 subject to conditions: 1) no additional freestanding
signs shall be permitted on this property, and 2) installation of the agreed landscape plan. The motion was duly seconded.
Commissioner Seel requested amendment of condition #1 to prohibit additional signage.
Commissioner Hooper accepted the amendment and the motion was restated: to approve sign regulation variances to allow an existing 88.4 square foot, 17.1-foot-tall, freestanding sign,
for property located at 1454 Belleair Road, Sec. 23-29-25, M&B 33.02 subject to conditions: 1) no additional new signs shall be permitted on this property, and 2) the applicant shall
install the agreed landscape plan. The seconder concurred with the amendment.
Upon the vote being taken on the amended motion, Commissioners Clark, Hooper, Seel, and Mayor Garvey voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried.
Public Hearing - Second Reading Ordinances
ITEM #9 - 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
The City Attorney presented Ordinance 6331-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6331-98 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 #10 - Ord. #6333-98 - Annexation for property located at 1704 El Trinidad Drive East, Virginia Grove Terrace, Blk 2, Lot 2 (Scott W. Greer, A98-25)
The City Attorney presented Ordinance 6333-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance 6333-98 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 #11 - Ord. #6334-98 - RS-8 Zoning for property located at 1704 El Trinidad Drive East, Virginia Grove Terrace, Blk 2, Lot 2 (Scott W. Greer, A98-25)
The City Attorney presented Ordinance 6334-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance 6334-98 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 #12 - Ord. #6335-98 - Annexation for property located at 1722 St. Croix Dr., Virginia Grove Terrace 5th Add., Blk A, Lot 5 (Scott W. & Janice Gitchell, A98-26)
The City Attorney presented Ordinance 6335-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance 6335-98 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
ITEM #13 - Ord. #6336-98 - RS-8 Zoning for property located at 1722 St. Croix Dr., Virginia Grove Terrace 5th Add., Blk A, Lot 5 (Scott W. & Janice Gitchell, A98-26)
The City Attorney presented Ordinance 6336-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6336-98 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. #6337-98 - Land Use Plan Amendment to Residential/Office General for property located at 706 S. Ft. Harrison Ave., J. O. Hamilton Sub., part of Lot 9 & Lot 10 (Clearwater
Clinical Laboratories, Inc., LUP98-09, Z98-11)
The City Attorney presented Ordinance 6337-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance 6337-98 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. #6338-98 - OL Zoning for property located at 706 S. Ft. Harrison Ave., J. O. Hamilton Sub., part of Lot 9 & Lot 10 (Clearwater Clinical Laboratories, Inc., LUP98-09,
Z98 11)
The City Attorney presented Ordinance 6338-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance 6338-98 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 #16-25) – Approved as submitted.
ITEM #16 - Approval of Purchases per 9/22/98 memorandum:
Startec Unlimited, Inc., computer programming services associated with installation of Customer Information Services (CIS) system, est. $200,000 (GAS)
Xerox Corp., one Xerox Regal DocuColor 5799 Digital Color Copier, $61,000; funding to be provided under City’s Master Lease-Purchase Agreement (PCM)
ITEM #17 - Accept one year grant for Fiscal Year 1998-99, from U.S. Dept. of Transportation National Highway Traffic Safety Administration, demonstration program to reduce incidence
of illegal passing of School Buses, $40,000 (PD)
ITEM #18 - Confirm co-sponsorship, waiver of insurance requirements for specified events and waiver of City fees for special events including: Folk Arts Festival, Fun & Sun Festival,
4th of July Celebration, Jazz Holiday, Holiday Parade, Turkey Trot, North Greenwood Street Festival, Martin Luther King Parade, Saturday in the City, Memorial Day Event, Clearwater Pass
Bridge Run and Military Appreciation Day, est. $228,351 ($84,720 cash contributions & $143,631 in-kind contributions); authorize event organizers to approve vendors (PR)
ITEM #19 - Approve purchase agreement for right-of-way with Ellis & Company, Ltd., and Stanley G. Gibson, Jr., R. H. Padgett’s Resubdivision of Original Lots 2 & 5, Blk 5, North 20’
of Lots 21 & 22, $14,000 plus estimated closing costs of $825, for total not to exceed $14,825 (PW)
ITEM #20 - Contract for Hercules Avenue Storm Line Replacement to Steve’s Excavating & Paving, Inc., $151,006.57 (PW)
ITEM #21 - Cooperative Agreement with SWFWMD (Southwest Florida Water Management District) which provides funding of project costs up to $812,500 for expansion of reclaimed water systems
to serve North Beach Area and to design & construct pumping & storage facilities at NE AWT Facility; Cooperative Funding Agreement with SWFWMD for update of Reclaimed Water System Masterplan
which provides reimbursement of up to $48,400 to the City (PW)
ITEM #22 - Work Order to McKim & Creed , design of Northeast Reclaimed Water Pumping & Storage Facilities, North Clearwater Beach, for amount up to $413,500 (PW)
ITEM #23 - Receipt/Referral - Community Development Code (PLD)
ITEM #24 - Sidewalk Easement - R. H. Padgett’s Resubdivision of Original Lots 2 & 5, Blk 5, part of Lot 13 (William J. Castagna)(CA)
ITEM #25 - Authorization to settle Kerby v. City (CA)
Commissioner Hooper moved to approve the consent agenda, Items 16-25 as submitted, and authorize the appropriate officers to execute same. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #26 - Eighth Amendment to License and Agreement - Clearwater Ferry Service, Inc., to extend for one term of 5 years, 9/1/99-8/31/2004; allows Operator to sublease to SunCruz Casino,
Ltd., for period of 2 years from amendment’s date (MR)
On August 2, 1989, the City entered into a license and agreement with Clearwater Ferry Service, Inc., to operate a commercial ferry service in Clearwater Harbor from the Drew Street
dock, with a provision to extend for one further period of five years prior to expiration of the initial term of ten years. Clearwater Ferry Service, Inc. agrees to pay the current
commercial party boat slip rate established at Clearwater Municipal Marina starting September 1, 1999. Clearwater Ferry Service, Inc. also agrees to pay the City $500 per week for consent
to sublease to SunCruz Casino, Ltd. Sublease is for two years only. This is the scheduled time
period for dredging Clearwater Bay Marina. The amendment includes a 30-day cancellation clause.
Mike Hancock, Interim Harbormaster reviewed the agreement, stating SunCruz would be allowed to use the Drew Street dock a maximum of 4 days per month at high tide. Other use would
be by Harbormaster permission only. The 2-year sublease term is the anticipated time it will take to dredge the Clearwater Bay Marina at Seminole Street, where SunCruz normally docks.
No more than one SunCruz vessel would use the dock.
Commissioner Seel moved to approve the Eighth Amendment to License and Agreement with Clearwater Ferry Service, Inc., to extend for one term of 5 years, September 1, 1999 through August
31, 2004; allowing Operator to sublease to SunCruz Casino, Ltd., for period of 2 years from amendment’s date. The motion was duly seconded.
Concern was expressed that, by agreeing to dock a specific vessel, SunCruz operators were locking themselves out of substituting a vessel if the original needs repairs.
Commissioner Seel amended the motion to add, if the ship needs repair, the Harbormaster shall have the opportunity to add a replacement ship during the time the original ship is out
for repairs. The seconder concurred. Upon the vote being taken, the amended motion carried unanimously.
ITEM #27 - Res. #98-51 - regarding City’s Enterprise Zone; amending Res. #98-28 to modify the map describing the Enterprise Zone Area (ED)
The legislative intent of Chapter 98-75 of the Laws of Florida was to establish the entire Clearwater Brownfields area as an Enterprise Zone. Census Tract 263, Block Group 6 and Census
Tract 258, Block Group 2 do not meet the demographic requirements of Florida Statutes Section 290.0058 for inclusion in the Clearwater Enterprise zone. The Enterprise Zone area must
be modified to remove the two census tracts, so the Enterprise Zone application can be processed by the Governor’s Office of Tourism Trade and Economic Development in a timely manner.
Commissioner Hooper moved to modify the map describing the Enterprise Zone Area. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 98-51 and read it by title only. Commissioner Hooper moved to adopt Resolution 98-51 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 #28 - First Reading Ord. #6311-98 - providing for refunding of outstanding Water and Sewer Revenue Bonds, Series 1988 (FN)
The Water and Sewer Revenue Bonds, Series 1988 (interest rates from 6.5% to 7.75%) will be eligible for refunding on December 1, 1998. Market conditions are very favorable with municipal
bond rates significantly lower than the rates on the 1988 bonds (4% to 5.5%.) It is
expected the City will realize a net present value savings of approximately $10 million on this refunding. It is expected the annual debt service costs will be reduced by approximately
$800,000. Due to the complexity of this refunding, staff was uncertain as to the amount of savings to be realized; therefore, this data was not used when setting the current water and
sewer rates. The savings generated from this refunding will be considered when reviewing the City’s future water and sewer. It is anticipated these savings will be used to fund capital
projects that were originally anticipated to require a future bond issue. The initial refunding idea was presented to the City by the firm of William R. Hough and Co., which as worked
extensively with the City’s Bond Counsel and Financial Advisor to resolve tax issues that could have deprived the City of millions of dollars of the economic benefit of refunding. No
other underwriting firm has brought forward ideas on this issue. Based upon their work, William R. Hough has been selected as the senior managing underwriter for this proposed refunding.
A Request for Proposal has been issued to select a team of co-managing underwriters to optimize distribution capabilities of the underwriting team to obtain the lowest possible interest
rates. A sale resolution will be brought forward for Commission adoption at the same time as the second reading of this ordinance detailing specifics of the sale.
Finance Director Margie Simmons stated in response to questions, the City will not receive $10 million the first year. She stated the cost of refunding will not affect the bottom line;
the City will net $10 million over 20 years.
Commissioner Clark moved to refund outstanding Water and Sewer Revenue Bonds, Series 1988. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6311-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6311-98 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 - Interlocal Agreement to provide construction inspection services to the Town of Belleair, 10/1/98-9/30/99 (PLD)
Commissioner Clark moved to continue this item to November 5, 1998. The motion was duly seconded and carried unanimously.
The meeting recessed from 7:00 to 7:09 p.m. for a special Community Redevelopment Agency meeting.
ITEM #30 - (Cont. from 10/1/98) Clearwater Housing Authority - 1 appointment (CLK)
Mayor Garvey requested appointment of Elizabeth Mannion, due to Ms. Mannion’s extensive real estate experience.
Rev. William Graham expressed concern for ten years he has been seeking appointment to this board. Early Sorenson vouched for Rev. Graham’s positive influence in the community. The
Mayor responded the Clearwater Housing Authority is directing its focus toward real estate, and the recommended person has the necessary credentials.
Commissioner Clark moved to approve the Mayor’s appointment of Elizabeth Mannion. The motion was duly seconded and carried unanimously.
ITEM #31 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #32 - First Reading Ord. #6344-98 - Relating to Standards of Conduct; amending Sec. 2.304 to add new subsection (2) relating to accepting or soliciting donations on behalf of the
City
Commissioner Seel moved to amend Sec. 2.304 to add new subsection (2) relating to accepting or soliciting donations on behalf of the City. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6344-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6344-98 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 #33 - Other City Attorney Items
The City Attorney inquired whether the Commission wished to receive a Charter Review Committee Report at the November 2 work session, as the Chairman will not be available for the Thursday
meeting. Commissioners felt it was appropriate to receive public input before deciding on ballot questions. Consensus was to receive an overview from the Chair at the November 2 work
session, and request the Vice Chair and committee members to attend the November 5 Commission meeting to answer questions.
The meeting recessed from 7:21 to 7:34 p.m.
ITEM #34 - City Manager Verbal Reports – None.
ITEM #35 - Other Commission Action
a) City Manager Evaluation
Commissioners reviewed events of the past year, characterizing the City Manager as professional, intelligent, and an excellent leader with defined goals. He has new ways of looking
at what needs to be done and has an aggressive agenda. Appreciation was expressed that Mr. Roberto has put his heart and soul into accelerating the exciting plans put forward by the
Commission during the interview process. He was praised for his tenacity, foresight, and willingness to take on unpopular positions. He was thanked for the brainstorming opportunities
he has provided, and for his willingness to take risks, light fires, and motivate staff, to promote a better future for today’s children. Some felt the staff reorganization, although
difficult, was due.
Excitement was expressed that this is the year “the shovel hits the ground.” It was felt Mr. Roberto’s incredible work ethic, and ability to roll up his sleeves to get the job done,
are exactly what Clearwater needed. All looked forward to the next year with a great deal of excitement.
Concerns were expressed the City Manager works long hours, hires too many consultants, pursued staff reorganization too fast, is demanding of staff time, and needs to slow down to achieve
balance. It was recommended that he take more time to enjoy his family, take care not to get too far in front of the pack, and ensure the new ideas can be funded and implemented correctly,
with the right amount of public input. It was noted this is the first budget for which the City Manager is totally responsible, and caution was recommended to ensure the City can pay
for everything to which it commits.
The City Manager stated his one fear is not living up to expectations. He felt it an honor and privilege to work with the Commission, and praised the group effort to establish the
City’s vision. He said One City. One Future. relates directly to that vision, and the community owes the City Commission a debt of gratitude for pointing the direction. He praised
the City Attorney’s legal knowledge, perspective, and vision, adding it is not common to find a City Attorney with her talents.
b) City Attorney Evaluation
The City Attorney was praised for finding ways to “make it work,” and for becoming a more vocal participant in discussions. She has assembled an excellent legal team of superb attorneys
who competently deliver the product. She provides solid support, makes good recommendations with regard to use of outside counsel, and gives balanced, deliberate advice in understandable
terms. Ms. Akin was commended for her knowledge of public sector law, and her willingness to admit when she needs to research a question before giving an opinion. Commissioners thanked
her for offering a “heads up” when needed, and for never failing to interrupt her schedule to answer questions and assist the Commission. She was praised for her intelligence, insight,
thoughtful perspective, for doing her homework, and for being an excellent manager of department and staff.
The City Attorney thanked the Commission and City Manager for their kind words. She gave credit to her outstanding staff of fine attorneys who are supportive and dedicated to the City.
She added one of her talents is the ability to hire excellent people. She said working with the City Manager has been challenging, but exciting. She has enjoyed working with the Commission
during this exciting and interesting time.
Consensus was to consider a salary adjustment for the City Attorney at the meeting of November 5, 1998, and to make any adjustment retroactive to the start of the 1998/99 fiscal year.
Salary history was requested.
Commissioner Clark praised the Parks & Recreation Department for saving thousands of dollars on day camp transportation by taking advantage of an MPO transportation funding program.
Commissioner Johnson was pleased to find Clearwater being promoted at a northern Florida Welcome Center event. He requested an updated list of all City-owned property, and wanted more
information before the City becomes involved in the Florida World Museum.
Commissioner Seel questioned if existing staff will fill the pedestrian safety officer position. The City Manager affirmed policy is to fill all grant funded positions with existing
staff. Commissioner Seel encouraged County-wide support of MPO’s pedestrian safety campaign targeting the elderly. She announced the October Spooktacular event at Station Square Park.
Mayor Garvey inquired whether Commissioners support Revision #10 to the Florida Constitution. City Clerk Cynthia Goudeau summarized Revision #10, stating it proposes to stop tax on
public property; create land conservation; provide a fairer tax system; and eliminate the prohibition of ex parte communication between Commissioner and constituents on quasi-judicial
issues. Consensus was for staff to prepare a letter of support for the Mayor’s signature. The Mayor announced Jazz Holiday this weekend, and Farmers Market every Saturday through May.
ITEM #36 - Adjournment
The meeting adjourned at 8:17 p.m.