09/02/1999
CITY COMMISSION MEETING
CITY OF CLEARWATER
September 2, 1999
Present: Brian J. Aungst Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Also present: Michael J. Roberto City Manager
Bill Horne Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Deacon Albert Tibbetts of St. Cecelia's Catholic 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 - None.
ITEM #5 - Presentations
a)
Representatives Morroni - Legislative Report
State Representative John Morroni referred to his summary of legislature issues
addressed this year. He invited the Commission to attend his annual dinner honoring law
enforcement and firefighters. He said he has enjoyed serving Clearwater. The Mayor invited
him to attend Military Appreciation Day on November 6, 1999.
The Mayor presented him with an award for providing positive representation.
b)
Presentation of check for FRDAP (Florida Recreation Development Assistance Program)
grant for Morningside Pool project - Representative Morroni
Representative Morroni presented the $100,000 FRDAP check, representing matching
funds towards the refurbishment of Morningside Pool.
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c)
United Way Kick-off
This year's campaign, extending from August 29 to October 8, 1999, has a $100,000
goal. Campaign plans were reviewed.
Acacia Street Roundabout
Chris Bartholomew reported the Clearwater Beach Association had forwarded a check
to be used towards the cost of the Acacia Street Roundabout and entryway feature to north
beach.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of August
19, 1999, as recorded and submitted in written summation by the City Clerk to each
motioncarried
Commissioner. The was duly seconded and unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Early Sorenson and Jack Alvord opposed proposed development of the Connolly
property and the process which permits developers to keep proposals pending indefinitely.
Thomas Nocera opposed State legislation permitting the forced annexation of
enclaves.
Sonja Haught said the City Code should advocate the needs of citizens over
redevelopment.
Duke Tieman invited the Commission to South Greenwood for the September 25, 1999,
anti drug march, the October 23, 1999, fundraiser and November 17, 1999, Thanksgiving
dinner.
Sheila Cole announced this year's Jazz Holiday will be expanded with a segment to be
held on the beach. She said volunteers are needed.
Dave Wells requested the City contribute to renovations at Clearwater High School.
PUBLIC HEARINGS
Res. #99-35
ITEM #8 - Public Hearing - - amending Community Redevelopment Plan for the
PLD
Community Redevelopment Area located in Downtown Area of the City ()
The CRA (Community Redevelopment Agency) adopted the Downtown Redevelopment
Plan on August 17, 1995, and amended it in October 1998. Modifications are proposed for 2
parcels on the north side of Park Street between Myrtle and South Greenwood Avenues and
parcels from Myrtle to South Greenwood Avenue between Park and Chestnut Streets.
Proposed modifications include: 1) amend land use of 2 parcels north of Park Street from
mcc09a99 2 09/02/99
Medium/High Density Residential to Commercial/Office/ Residential; 2) amend land use of the
area of the proposed pond from Open Space Recreation to Commercial/Office/Residential;
and 3) amend land use designation of parcels west of South Greenwood and the block
northeast of the intersection of Myrtle Avenue and Chestnut Street from Medium/High Density
Residential to Commercial/Office/ Residential.
The proposed downtown pond will be reconfigured consistent with future private
redevelopment initiatives within the subject area. Plan modification will encourage mixed-use
development and flexibility to meet long range redevelopment plans. The CDB (Community
Development Board) and CRA (Community Redevelopment Agency) unanimously
recommended approval. The Board of County Commissioners will review the proposed
amendment on September 14, 1999.
Commissioner Hooper moved to amend the Downtown Redevelopment Plan of the
motion carried
Community Redevelopment Agency. The was duly seconded and
unanimously.
The City Attorney presented Resolution #99-35 and read it by title only. Commissioner
Clark moved to pass and adopt Resolution #99-35 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
Ord. #6429-99
ITEM #9 - - Annexation for property located at 2892 Union St., Sec. 32-28-16,
Wing
M&B 43.06 (Larry & Marcella (A99-11)
Commissioner Clark moved to amend Ordinance #6429-99 to substitute the map with a
revised map that more accurately reflects the abutting right-of-way to be annexed. The
motioncarried
was duly seconded and unanimously.
The City Attorney presented Ordinance #6429-99, as amended, for second reading and
read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6429-99, as
amended, on second and final reading. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6430-99
ITEM #10 - - Land Use Plan Amendment to Residential Suburban for property
Wing
located at 2892 Union St., Sec. 32-28-16, M&B 43.06 (Larry & Marcella (A99-11)
mcc09a99 3 09/02/99
Commissioner Clark moved to amend Ordinance #6430-99 to substitute the map with a
revised map that more accurately reflects the abutting right-of-way to be annexed. The
motioncarried
was duly seconded and unanimously.
The City Attorney presented Ordinance #6430-99 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6430-99, as amended, on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6431-99
ITEM #11 - - LDR Zoning for property located at 2892 Union St., Sec. 32-28-
Wing
16, M&B 43.06 (Larry & Marcella (A99-11)
Commissioner Clark moved to amend Ordinance #6431-99 to substitute the map with a
revised map that more accurately reflects the abutting right-of-way to be annexed. The
motioncarried
was duly seconded and unanimously.
The City Attorney presented Ordinance #6431-99 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6431-99, as amended, on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6432-99
ITEM #12 - - Annexation for property located at 2854 Saint John Dr., Virginia
Jacobs
Groves Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney (A99-12)
The City Attorney presented Ordinance #6432-99 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6432-99 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6433-99
ITEM #13 - - Land Use Plan Amendment to Residential Urban for property
located at 2854 Saint John Dr., Virginia Groves Terrace 5th Add., Blk C, Lot 13 (Russell &
Jacobs
Sydney (A99-12)
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The City Attorney presented Ordinance #6433-99 for second reading and read it by title
only. Commissioner Hart moved to pass and adopt Ordinance #6433-99 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6434-99
ITEM #14 - - LMDR Zoning for property located at 2854 Saint John Dr., Virginia
Jacobs
Groves Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney (A99-12)
The City Attorney presented Ordinance #6434-99 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6434-99 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-23) - approved as submitted.
ITEM #15 - Approval of Purchases per 08/13/99 memorandum:
irrigation system parts & supplies
Florida Irrigation Supply, 1st of 2 renewal options, ,
QOL
09/03/99-09/30/00, estimated $40,000 ()
library books & publications
Simon and Schuster Inc., , 09/03/99-09/30/00, estimated
QOL
$29,000 ()
library books & publicationsQOL
The Booksource, , 09/03/99-09/30/00, estimated $35,000 ()
library materialsQOL
Distribution Video and Audio, , 09/03/99-09/30/00, estimated $29,000 ()
library books & publications
Book Wholesalers Inc., , 09/03/99-09/30/00, estimated $81,000
QOL
()
library subscription services
Ebsco Subscription Services, extension, , 10/01/99-09/30/00,
QOL
estimated $93,000 ()
library books & publications
Ingram Library Services, , 09/03/99-09/30/00, estimated
QOL
$255,000 ()
hardware maintenance & software license and maintenance for computer
Gaylord Bros,
equipment used at the LibraryQOL
, 10/01/99-09/30/00, $70,000 ()
mcc09a99 5 09/02/99
tiresGSS
Superior Auto Centers, , 09/06/99-03/14/00, estimated $85,000 ()
uniforms & miscellaneous equipment
Martin's Uniform, 1st of 2 extension options, for Police
PD
personnel, 10/01/99-09/30/00, estimated $90,000 ()
satellite copy machines, service & related supplies
Xerox Corporation, extension, (except
IT
paper), 10/01/99-09/30/00, estimated $80,000 ()
micrographic servicesCLK
Micro Image, Inc., , 10/01/99-09/30/04, estimated $175,000 ()
maintenance of hardware, software & network
Hewlett-Packard Company, , 10/01/99-
IT
09/30/00, $29,232 ()
gas materials - galvanized pipe & fittings
Noland Company, extension, , 10/01/99-09/30/00,
GAS
estimated $83,000 ()
miscellaneous gas repair & installation parts
Tempaco of Pinellas, , 09/03/99-09/30/00,
GAS
estimated $192,000 () - SEE 10/7/99 minutes, #12
miscellaneous gas repair & installation parts
Castle Supply, , 09/03/99-09/30/00, estimated
GAS
$181,000 () - SEE 10/7/99 minutes, #12
contract with IMR Global, Inc.
ITEM #16 - Approve , to sell surplus real property, 1158-1164
Gould Street, Revised Map of R. H. Padgett's Sub., Blk 4 (a/k/a subdivided lot 5), Lots 9-11,
for $47,500 subject to terms and conditions, pay transaction closing expenses estimated at
ED
$450, providing approx. net sale proceeds of $47,050 ()
ITEM #17 - Approve payment in amount not to exceed $65,000 to Florida Department of
assessment of Sales and Use Tax and Local Government Infrastructure
Revenue for
SurtaxFN
and interest ()
property, casualty, liability, workers' compensation,
ITEM #18 - Approve purchase of
Emergency Medical Services, fuel tank, and flood insurance coverage
for Fiscal Year
FN
1999-2000 in an amount not to exceed $750,000 ()
acceptance of one-year grant funding
ITEM #19 - Approve in the amount $36,121 from
State of Florida, Office of the Attorney General, 1999-2000 Victims of Crime Act (VOCA) Grant
PD
Program ()
ITEM #20 - Award purchase order to Insituform Southeast, Inc., in amount not to exceed
sanitary sewer lining
$203,000 for at various segments along Gulf Blvd./SR 183-A, from
PW
southern city limits to Clearwater Pass ()
emergency repair & retrofit
ITEM #21 - Ratify/Confirm contract to Tampa Bay Engineering for
of Solid Waste Fueling FacilityPW
, $90,712 ()
mcc09a99 6 09/02/99
payment of grant money
ITEM #22 - Authorize , in the amount $56,540.25, awarded from the
State of Florida, to Mr. & Mrs. Rophie for raising their residence, located at 450 Southeast
PLD
Palm Island, above the base flood elevation ()
Candace Gardner as City of Clearwater representative
ITEM #23 - Reappoint to Long
CLK
Center Board of Trustees ()
Commissioner Johnson moved to approve the Consent Agenda as submitted and that
motion
the appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
RoundaboutCM
ITEM #24 - Update regarding Beach Entryway () Project ()
Public Works Administrator Rich Baier said the project is on time and on budget. Work
will be done 7 days a week until completion. Staff has worked with Marina tenants regarding
plans to widen the sidewalk along Coronado. Work will begin next week on a pedestrian
underpass beneath Bridge #43. Concern was expressed directional signs are needed to
reduce driver confusion.
Res. #99-42
ITEM #25 - - supporting South Clearwater Citizens for Progressive Action in their
PLD
front porch application ()
In 1999, the Legislature approved establishment of the Front Porch Florida Initiative to
assist the revitalization efforts of urban communities. Three Front Porch Communities, to be
named in 1999, will receive State assistance in developing an action plan to improve their
communities. The Florida Office of Urban Opportunity developed criteria, which require
applicants to be community based not-for-profit organizations or coalition of such
organizations. The City's role is to support applicants during the review process and action
plan development. Staff is working with the South Clearwater Citizens for Progressive Action
to prepare the application.
Commissioner Johnson moved to support the South Clearwater Citizens for
Progressive Action in their application to the State of Florida for the Front Porch Florida
motion carried
Initiative. The was duly seconded and unanimously.
In response to a question, Duke Tieman said the South Clearwater Citizens for
Progressive Action is not a 501(c)3 organization. He said the program does not mandate that
designation.
The City Attorney presented Resolution #99-42 and read it by title only. Commissioner
Hart moved to pass and adopt Resolution #99-42 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
mcc09a99 7 09/02/99
"Nays": None.
Res. #99-36
ITEM #26 - - Establishing City's intent to be reimbursed from proceeds of a tax-
exempt financing; extend agreement with GE Capital Public Finance, Inc., for additional one
year to provide a $5,026,000 line of credit for Fiscal 2000; and authorize all uncompleted
equipment acquisitions previously approved for financing under current contract with GE
FN
Capital to be financed under extension of this agreement ()
The City solicited proposals to finance lease purchase installment sales for FY (fiscal
year) 1995/96. GE Capital Public Finance, Inc., bid a rate of 87.5% of the weekly average 5-
year Treasury Note as published by the Federal Reserve Board. The recent 5-year Treasury
average weekly rate was 5.79%, resulting in a current borrowing rate of 5.066%.
Staff has contacted other lease purchasing providers who indicated the current rate is
excellent. GE Capital has been flexible and worked with staff. The contract allows one-year
extensions with the mutual consent of both parties. GE wishes to renew the contract for one
year. Approval does not represent a commitment to borrow. The City Commission must
approve all lease purchases.
Commissioner Clark moved to approve the City's intention to be reimbursed from the
proceeds of tax-exempt financing and to extend the contract with GE Capital Finance, Inc., for
an additional one year to provide a $5,026,000 line of credit for FY 2000 and authorize all
uncompleted equipment acquisitions previously approved for financing under the current
contract with GE Capital Public Financing, Inc., to be financed under the extension of this
motion
agreement, and that the appropriate officials be authorized to execute same. The was
carried
duly seconded and unanimously.
The City Attorney presented Resolution #99-36 and read it by title only. Commissioner
Hooper moved to pass and adopt Resolution #99-36 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6446-99
ITEM #27 - First Reading - repealing anti-discrimination compliance program
HM
provisions of the City Code ()
Pinellas County has agreed verbally to acquire the City’s compliance program, which
enforces certain local and federal anti-discrimination laws. Facilitating this transfer requires the
Code be amended. The City will retain Community Relations programs and efforts.
Continuing department services will investigate internal City compliance issues and promote
and affirm the City’s commitment to employment diversity. The Community Relations Board
met to discuss impacts of these changes on August 31, 1999.
mcc09a99 8 09/02/99
It was noted the City will retain staff to address discrimination.
Commissioner Johnson moved to amend the City of Clearwater Code relating to
motion carried
Community Relations. The was duly seconded and unanimously.
The City Attorney presented Ordinance #6446-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6446-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Highway Landscape Maintenance Memorandum of Agreement
ITEM #28 - Approve ; adopt
Res. #99-37beautification of Court
authorizing execution of the agreement with FDOT for
StreetPW
to be performed by City ()
Revitalizing Court Street is part of the One City. One Future. blueprint. FDOT (Florida
Department of Transportation) requires a Memorandum of Agreement to allow landscaping
within the rights-of-way of State roads. Funding for installation, estimated to cost $240,000, is
available in the Gulf-to-Bay Boulevard Corridor Beautification project. Annual maintenance
costs are estimated at $100,000.
Staff was requested to actively seek businesses to adopt the mediums before
landscaping is installed to reduce City maintenance costs.
Commissioner Hooper moved to authorize execution of a Highway Landscape
Maintenance Memorandum of Agreement with the Florida Department of Transportation
allowing aesthetic improvements to Court Street by the City, and that the appropriate officials
motion carried
be authorized to execute same. The was duly seconded and unanimously.
The City Attorney presented Resolution #99-37 and read it by title only. Commissioner
Clark moved to pass and adopt Resolution #99-37 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6443-99
ITEM #29 - First Reading - Relating to Building Code Regulations; amending
Sec. 47.051 by replacing 1993 National Electrical Code with adoption of 1999 National
PLD
Electrical Code ()
Florida State Statues 553.19 and 553.73 require the City to pass the latest edition of
the National Electrical Code as recommended by the PCCLB (Pinellas County Construction
mcc09a99 9 09/02/99
Licensing Board). On March 16, 1999, the PCCLB approved the 1999 edition, with
amendments.
Commissioner Hart moved to adopt the 1999 edition of the National Electrical Code, as
motion carried
amended. The was duly seconded and unanimously.
The City Attorney presented Ordinance #6443-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #6443-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
CLK
ITEM #30 - Clearwater Housing Authority - 1 appointment ()
The Mayor announced the reappointment of Terry Byrd.
motion
Commissioner Clark moved to confirm the reappointment of Terry Byrd. The
carried
was duly seconded and unanimously.
CLK
ITEM #31 - Fire Task Force ()
The Commission has directed the establishment of a Fire Task Force. The scope of
the Task Force’s mission is to identify a funding solution for the Fire Department’s 5-year
Master Plan. FTF (Fire Task Force) will meet biweekly, or more often if necessary, from
September to December 17, 1999. FTF will consider Fire Department education, orientation,
and the Master Plan, consider Labor’s perspective on Fire Services operations and programs,
validate Fire Service needs, discuss funding possibilities, and recommend funding solutions.
FTF will present their findings to the City Commission in early 2000 by addressing affirmation
of the 5-year Master Plan and recommending funding solutions and changes to Fire Service
programs. Meetings will be conducted in accordance with the rules and regulations governing
public meetings. The City Commission will reach a decision regarding this issue in February
2000.
Consensus was for the Fire Task Force to have 11 voting members to include 9 citizen
representatives, a Fire Administration representative, and an IAFF representative. There will
be a non-voting Chair.
The City Manager reported Jonathan Wade can serve only if meetings are held in the
evening. Discussion ensued with Commissioners recommending citizens for membership. It
was suggested the Commission choose between Bill Schwob and Doug Williams.
motion
Commissioner Johnson moved to appoint Bill Schwob. The was duly
seconded. Commissioners Johnson, Clark, and Hart voted “Aye”; Commissioner Hooper and
carried
Mayor Aungst voted “Nay.” Motion .
mcc09a99 10 09/02/99
Discussion ensued with names being added and deleted from consideration.
Commissioner Johnson moved to confirm the Fire Task Force Mission and to appoint
Fran Briskman, Bill Schwob, Russ Kimball, Joe Calio, Duke Tieman, George Kraus, Joe Evich,
motion
Scott Nall, Reverend Sherman, Rowland Herald, and John Lee. The was duly
carried
seconded and unanimously.
Consensus was for Jean Stuart and Doug Williams to serve as alternates and Bill
Horne to serve as non-voting Chair.
Four citizens spoke in favor of expanding Fire Services to Sand Key, expressing
concern 2-person rescue teams will not meet the need.
The City Manager said the expanded coverage represents a reasonable compromise.
He reviewed recent upgrades to equipment and the approval of additional positions. Fire Chief
Rowland Herald said the rescue teams can handle 85% of all calls for service on Sand Key.
With the Downtown Station receiving 12 times more calls than Sand Key, it is necessary to
balance the use of limited resources.
In response to a question, the Fire Chief said personnel assigned to Sand Key are
budgeted on an overtime basis through mid-October when new hires will be in place. He
noted Sand Key Fire Services could be dispatched outside the City as part of a mutual aid
system. It was recommended the Task Force address additional needs on Sand Key.
ITEM #32 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
Res. 99-39
ITEM #33 - - Releasing City's right to repurchase Ronald P. Nisk property in
Clearwater Industrial Park
In her August 20, 1999, memorandum, the City Attorney reviewed the proposed
resolution to release rights the City may have to repurchase Clearwater Industrial Park
property owned by Ronald P. Nisk. The City’s December 22, 1978, sale of the property to
Ronald P. Nisk was covered by Protected Covenants applicable to all Clearwater industrial
Park property. Under one covenant, the City can repurchase property not developed for
industrial purposes. Mr. Nisk's property is developed and used as an industrial warehouse.
Mr. Nisk requests the City to formally release its right to repurchase his property, with all other
Protective Covenants remaining in full force and effect.
The City Attorney presented Resolution #99-39 and read it by title only. Commissioner
Johnson moved to pass and adopt Resolution #99-39 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
mcc09a99 11 09/02/99
ITEM #34 - Other City Attorney Items - None.
ITEM #35 - City Manager Verbal Reports
The City Manager reported community meetings, scheduled September 7 and
September 15, 1999, relate to Drew Street and the one scheduled September 21, 1999,
relates to north Clearwater beach drainage issues.
ITEM #36 - Other Commission Action
Commissioner Johnson requested staff resolve problems at Clearwater Airpark.
Commissioner Hooper expressed concern the Ice House continues to be an eyesore.
Commissioner Clark wished all a safe enjoyable Labor Day weekend.
Commissioner Johnson expressed concern property at the Hercules/Rainbow
intersection remains unkempt.
Mayor Aungst congratulated staff for State recognition for being on schedule for
compliance regarding the Y2K issue.
ITEM #37 - Adjournment
The meeting adjourned at 7:34 p.m.
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