07/15/1999CITY COMMISSION MEETING
CITY OF CLEARWATER
July 15, 1999
Present: Brian J. Aungst
Ed Hooper
J. B. Johnson
Robert Clark
Ed Hart
Also Present Michael J. Roberto
Richard L. Hedrick
Bob Keller
Bill Horne
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Jan Blissit of Trinity Presbyterian Church. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 -Service Awards
One service award was presented to a City employee.
Millie McFadden, Parks & Recreation Department, was presented the July 1999
Employee of the Month award.
ITEM #4 -Introductions and Awards
Proclamation: U.S. Coast Guard Auxiliary Day -June 23, 1999
ITEM #5 -Presentations
a) Sand Key Civic Association
Bob Henion presented Millie McFadden & Mark Roether with plaques in recognition of
their efforts in the Sand Key beach vegetation project.
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ITEM #6 -Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of June
17, 1999, and the special meeting of June 18, 1999, 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
Jean Stuart requested the United Daughters of the Confederacy be allowed to retain
the sign on their property, which generates revenue for their organization.
unfair.
Tom Sehlhorst complained several provisions in the new land development code are
Sheila Cole recommended Mandalay Avenue on-street parking be retained.
Susan Richards, Jack Alvord, and Loren Westenberger opposed a pending zoning
change application for the Connolly property and requested the City take steps to safeguard
the Bayview area from development.
Bob Lanning and John Lee made recommendations related to the Fire Department's
budget.
ie Youna. Nancv Beavers. Farrah Clements. and Willie Rickter related the benefits
of the Jasmine Court recreation center to area children and requested it not be closed.
PUBLIC HEARINGS
ITEM #8 -Public Hearing & First Reading Ords. #6418-99 & #6419-99 -Annexation &LDR
Zoning for property located at 1810 Brentwood Dr., Lake Lela Manor 1st Addition, Lot 9
(James & Racine Hall, A99-11)(PLD)
The applicants have requested annexation and zoning of Low Density Residential for
1810 Brentwood to obtain water and sewer service. The Community Development Board
unanimously endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Low Density Residential (LDR) for Lot 9, Lake Lela Manor, 1St Addition. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6420-99 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance #6420-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
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"Nays": None.
The City Attorney presented Ordinance #6418-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #6419-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #9 -Public Hearing & First Reading Ords. #6420-99 & #6421-99 -Annexation &LDR
Zoning for property located at 2250 & 2260 Nursery Rd., SW~/4 Pinellas Groves, part of Lot 11
(Larry & Gladys Hilkert, A99-10)(PLD)
The applicants have requested annexation and zoning of Low Density Residential for
2250 & 2260 Nursery Road to obtain water and sewer service. The applicants intend to
subdivide this lot into two which will allow for individual ownership should they decide to sell
these homes. The Community Development Board unanimously endorsed the request.
Consensus was to reduce the amount of distributed paperwork related to annexations
to include only a cover memorandum, the ordinances, and a location map.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Low Density Residential (LDR) for a portion of Lot 11, Pinellas Groves SW ~/4
(West) 165 feet of the south 264 feet of SD Lot less road. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #6420-99 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance #6420-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6421-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6421-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
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ITEM #10 -Public Hearing on City's 1999/2000 Consolidated Plan -Receive Public Input
(PLD)
USHUD (U.S. Department of Housing & Urban Development) requires an annual
statement from communities receiving entitlement funds, identifying the sources and uses of
federal money for housing, community, and economic development. This planning document,
the Consolidated Plan, reports how the City uses these funds to address identified needs.
Goals identified in the Consolidate Plan include development of viable communities, the
provision of safe and affordable housing, and an expansion of economic opportunities for
residents with incomes rated very low to moderate. According to this year's Consolidated
Plan, Federal and State funds will be allocated to provide housing opportunities to low to
moderate income families for new and existing homes, job training, and placement services,
construction and/or renovation of public facilities, and to fund programs which assist the
homeless, elderly, physically challenged, children, and single parent households.
In FY (fiscal year) 1999/00, the City expects to receive $1,005,000 in Federal CDBG
(Community Development Block Grant) funds, $459,000 in HOME (Housing Opportunity Made
Equal) funds, and $733,000 from SHIP (State Housing Initiatives Program). The slight growth
in SHIP funding for housing programs is due to increased revenues on the State level. The
level of CDBG and HOME funding has remained static. HOME and SHIP funds are restricted
to housing activities. Only CDGB funds may also be used for economic development, code
enforcement, public services and facilities, relocation, demolition, and administration.
Sub-grantee funding recommendations in the Consolidated Plan are based on NAHAB
(Neighborhood & Affordable Housing Advisory Board) and TRC (Technical Review Committee)
evaluations in accordance with the Citizen Participation Plan approved by the City Commission
in March 1995. During the approval process, board and some committee members visit
agencies which have submitted funding applications, hear formal presentations, and then rank
applications based on criteria such as social impacts on the community, agency experience,
ability, etc. TRC rankings are based only on information included in applications while NAHAB
members also consider community needs.
This year, 21 agencies applied for almost $2-million. The highest scoring applications
are recommended for funding. Agencies, previously funded through this process, scored
below the cut-off: 1) Boys & Girls Clubs of the Suncoast; 2) Family Resources; and 3) Girls,
Inc. of Pinellas. Should funds become available during the year, the applicant with the next
highest score could receive funding.
In response to a question, Ralph Stone, Director of Planning, reviewed requirements for
the housing pool. Agencies will be able to contract for as much housing as they can produce
under appropriate guidelines. He said a source of funding is needed to rehabilitate
substandard rental projects that are brought forward during the year.
Representatives from Boys & Girls Clubs of the Suncoast and Girls, Inc. of Pinellas
said the lack of funds will harm their programs. Representatives from the Mustard Seed -
Turning Point, Partners in Self Sufficiency, Family Resources Foundation, Community Services
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Foundation, the Tampa Bay Community Development Corporation, and Clearwater
Neighborhood Housing Services thanked the City for the funding allocations. A NAHAB
member recommended the process be more flexible to allow partial funding of projects. In
response to a question, Mr. Stone said funding for all social service applications is capped at
15% of CDBG funds, or $150,000. A resident suggested funds allocated for Special Events
be redirected to the unfunded applicants. Another resident suggested the budget shortfall is a
result of the loss of taxable property to Scientology.
It was requested the process and criteria be reviewed to determine if more flexability
can be allowed in the future.
ITEM #11 -Public Hearing & First Reading Ord. #6423-99 -Vacating northerly 4' of southerly
10' drainage & utility easement, Countryside Tract 56, Unit 1, Lot 102 (Cruz /Lucas, V99-
08)(PW)
The swimming pool and deck, built approximately 6 years ago at 2879 Meadow Wood
Drive, encroaches into the 10-foot drainage and utility easement. The City has no utilities
within the easement. The utility companies do not object to the vacation request.
Commissioner Hooper moved to approve the applicant's request to vacate the northerly
4 feet of the southerly 10-foot drainage and utility easement of Lot 102, Countryside Tract 56,
Unit 1. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6423-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6423-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #12 -Public Hearing & First Reading Ord. #6424-99 -Vacating easterly 0.5' of 18'
drainage & utility easement lying west of Lots 1 & 2, Map of Belleair, Blk 25 (Denker, V99-
09)(PW)
This recently constructed building at 1300 South Fort Harrison Avenue encroaches 0.2
feet into the 18-foot drainage and utility easement. A contractor error apparently occurred
when staking out the building. The encroachment was identified when the final survey was
done. The City has a sanitary sewer and water main within this easement. The utility
companies do not object to the vacation request.
Commissioner Johnson moved to approve the applicant's r4equest to vacate the
easterly 0.5 feet of the 18-foot drainage and utility easement lying west of Lots 1 and 2, block
25, Map of Belleair. The motion was duly seconded and carried unanimously.
mcc0799 5 07/15/99
The City Attorney presented Ordinance #6424-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #6424-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #13 -Public Hearing & First Reading Ord. #6425-99 -Vacating south 70' of Parkstream
Avenue r-o-w lying west of Lot 19, Blk G and east of Lot 5, Blk H, Countrypark Sub. (City, V99-
10)(PW)
The subject right-of-way is paved but is not used by vehicular traffic. The owner of Lot
5 has a driveway along the property's north side and will be able to access the property from
Parkstream Avenue. This right-of-way originally was intended to serve as access to Lake
Chautauqua Park. Due to neighborhood concerns, a different access route was chosen. The
City has no need for the right-of-way. Public Works Administration recommends the vacation
of this portion of right-of-way, subject to retaining full width as a drainage and utility easement.
The utility companies do not object to the vacation request.
In response to a question, Public Works Administrator Rich Baier said staff will remove
the pavement during the next year and replace it with sod. The adjoining properties want the
option to extend their properties.
Commissioner Hart moved to approve the applicant's request to vacate the south 70
feet of Parkstream Avenue right-of-way lying west of Lot 19, block "G" and east of Lot 5, Block
"H," Countrypark Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6425-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6425-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #14 -Public Hearing & First Reading Ord. #6426-99 -Vacating 20' r-o-w of Grove Street,
lying east of Myrtle Avenue & west of North Prospect Avenue, subject to retaining the full 20'
as a drainage & utility easement (Arnold, V99-06)(PW)
The applicant proposes to use the Grove Street right-of-way and adjacent property to
develop amini-storage facility. The right-of-way is unpaved and not used by vehicular traffic.
The right-of-way contains a sanitary sewer main. Public Works Administration
recommends vacation of this portion of right-of-way, subject to retaining it full width as a
drainage and utility easement. The applicant acknowledges any improvements over or across
mcc0799 6 07/15/99
the easement area are constructed at the applicant's risk, and to the extent that such
improvements are damaged by the City's use of the easement, the City shall not be required to
restore such improvements. The utility companies do not object to the vacation request.
Ed Armstrong, representative, said the proposed use of this property is not the issue to
be considered but whether this right of way is needed by the public. He reported staff had
recommended approval of this vacation when previous development proposals were being
considered.
Commissioner Johnson moved to approve the applicant's request to vacate the 20-foot
right-of-way of Grove Street lying east of Myrtle Avenue and west of N. Prospect Avenue
subject to retaining the full 20 feet as a sidewalk, drainage, and utility easement. The motion
was duly seconded. Commissioners Johnson, Clark and Hart voted "Aye"; Commissioner
Hooper and Mayor Aungst voted 'Nay." Motion carried.
The City Attorney presented Ordinance #6426-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6426-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, and Hart.
"Nays": Hooper and Aungst.
Motion carried.
Public Hearing -Second Reading Ordinances
ITEM #15 - Ord. #6380-99 -Relating to dishonored checks, drafts and money orders,
amending Sec. 2.528 to impose a service fee not to exceed service fees authorized under
Florida Statute 166.251 or 5% of face amount of check, draft or money order, whichever is
greater, for collection of a dishonored check, draft, or other order for payment of money to a
municipal official or agency
The City Attorney presented Ordinance #6380-99 for second reading and read it by title
only. Commissioner Clark moved to pass and adopt Ordinance #6380-99 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.
ITEM #16 -Ord. #6413-99 -Annexation for property located at 2684 3rd Ave., N., Chautauqua
Section A, Unit 1, Blk 47, Lot 10 (Jennifer Elin Cole, A99-09)
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The City Attorney presented Ordinance #6413-99 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6413-99 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.
ITEM #17 -Ord. #6414-99 - LDR Zoning for property located at 2684 3rd Ave., N.,
Chautauqua Section A, Unit 1, Blk 47, Lot 10 (Jennifer Elin Cole, A99-09)
The City Attorney presented Ordinance #6414-99 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6414-99 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.
ITEM #18 -Ord. #6415-99 -Amending Operating Budget for Fiscal Year ending 09/30/99
The City Attorney presented Ordinance #6415-99 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6415-99 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.
ITEM #19 - Ord. #6416-99 -Amending Capital Improvement Program Report and Budget for
Fiscal Year ending 09/30/99
The City Attorney presented Ordinance #6416-99 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance #6416-99 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 #20-28) -Approved as submitted.
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ITEM #20 -Approval of Purchases & Declaration of Surplus per 06/22/99 memorandum:
Fountain Motor Company, d/b/a King Truck Center, one 1999 GMC Model C7HO42 chassis
with National Crane Model 228 crane, $80,800; funding to be provided under City's Master
Lease-Purchase Agreement (GSS)
Anacom Inc., precision solar control signal lamps for installation on Gulf to Bay Blvd.,
estimated $45,000 (PW)
Florida Green Resources, cypress wood chips to be used in parks and recreation facilities
throughout City, 8/1/99-7/31/2000, estimated $50,000 (QOL)
Penny's School of Dance, Baton and Gymnastics, Inc., dance, baton & gymnastic
instruction at Morningside & Countryside Recreation Centers, 07/16/99-09/30/00, estimated
$30,000 (QOL)
Oakhurst Construction, labor & materials for construction of restroom /shelter building at
Eddie C. Moore West Complex, $188,099.56 (QOL)
Florida Power, rental, maintenance & power for 25 street lights & poles to be used at Cherry
Harris Park, 08/01/99-09/30/05, estimated $50,000 (QOL)
Armstrong Environmental Services, pond maintenance including nuisance & exotic vegetation
control service for all City lakes, ponds & channels, 07/16/99-09/30/02, estimated $90,000
(PW)
EK Phelps and Company, new pumps & repair service for existing pumps used throughout
City at all lift stations, 07/16/99-12/31/00, estimated $145,000 (PW)
Tampa Armature Works, Inc., pump & motor repair for PW/Waste Water, 07/16/99-12/31/00,
estimated $50,000 (PW)
Thompson Goodis and Thompson, continued legal services in previously approved
litigation, 07/16/99-09/30/99, estimated $30,000 (CA)
Declare surplus to City needs and authorize disposal through trade-in or transfer to Solid
Waste the following: Trade Design Jet 650C, Model HP 1055CM Plotter (trade-in)(PW) and
Unisys A4F mainframe, MD8-4 external disk, and PE tape drives & misc. supporting equipment
(transfer)(GSS)
ITEM #21 -Authorization to settle workers' compensation indemnity claim of Samuel
McBride for $200,827 (FN)
ITEM #22 -Joint Project Agreement with Pinellas County to install natural gas mains during
County improvement project Dansville Redevelopment Area, Phase I, at no cost to City (GAS)
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ITEM #23 -Contract to Shamrock Building Services, for custodial services, 08/01/99-
07/31/00, $122,809.68 (GS)
ITEM #24 -Lease Agreement with Clearwater Housing Authority, 2931 Sandlewood Dr.
(Jasmine Court Substation), 08/01/99-07/31/000 (PD)
ITEM #25 -Lease renewal, Sgt. Allen Moore Community Partnership, Inc., 1996 Ford
Econoline, 15 passenger Club Wagon, 1 year commencing 09/20/99, renewable for up to an
additional year, at annual lease payment of $1 for each period (PD)
ITEM #26 -Approve recommendations for Special Events Grants Funding Program, granting
a total of $50,000 to ten Clearwater non-profit organizations for new special events or
enhancements to existing special events (TR)
ITEM #27 -Approve release of funds to Miles Media Group for purchase of advertising in the
year 2000 Visit Florida Vacation Planner and the St. Petersburg/Clearwater Area Visitor Guide,
in an amount not to exceed $35,000 (TR)
ITEM #28 -Water main easement for installation & maintenance of fire protection water line
and consent to easement and subordination of interest, Sec. 20-29-16, part of Government Lot
3 (Robert G. Daniel, fee owner of property leased to Crown Acura of Clearwater)(CA)
Commissioner Hooper 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.
The Commission recessed from 7:36 to 7:54 p.m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #29 -Update regarding Beach Entryway (Roundabout) Project (CM)
The roundabout project remains on schedule.
ITEM #30 -Set TRIM Millage Rate -Adopt tentative millage rate of 5.7158 mills for Fiscal Year
1999/00 and set Public Hearings on the Budget for 09/14/99 & 09/28/99 to be held no earlier
than 6:00 p.m. (BU)
In accordance with the TRIM Bill process, it is necessary for the City Commission to
adopt a tentative millage rate prior to finalizing and adopting the budget. The tentative millage
rate will be included in the TRIM bill notices sent to taxpayers in early August and cannot be
increased without a special mailing. The City Manager's recommended millage rate of 5.7158
mills is an increase of .6 mills over the current rate of 5.1158 mills.
One resident spoke in support of a millage increase while three residents spoke in
opposition.
mcc0799 10 07/15/99
Commissioner Johnson moved to adopt a tentative millage rate of 5.6158 for FY
1999/00 and set Public Hearings on the budget for September 14, 1999, and September 28,
1999, to be held no earlier than 6:00 p.m. There was no second.
It was estimated costs have increased significantly due to inflation since the last millage
increase. It was noted the City had increased its income by raising most fees. Discussion
ensued regarding the progress the City is making and a desire to not stifle that progress was
expressed. The need to address fire department requirements was also noted. Concern was
expressed next year's budget needs will increase again. It was hoped the millage rate can be
adjusted downward in the future. Until a fire station can be constructed on Sand Key, it was
recommended equipment and staff be assigned there in the interim.
Commissioner Johnson moved to adopt a tentative millage rate of 5.6158 for FY
1999/00 and set Public Hearings on the budget for September 14, 1999, and September 28,
1999, to be held no earlier than 6:00 p.m. The motion was duly seconded. Commissioners
Johnson, Clark, and Hart and Mayor Aungst voted "Aye"; Commissioner Hooper voted "Nay."
Motion carried.
ITEM #31 -Joint Project Agreement with FDOT, street lighting at US 19N/Drew Street
interchange; Res. #99-30 -authorizing execution of agreement (PW)
The City and FDOT (Florida Department of Transportation) have agreed to enter into a
JPA (Joint Project Agreement) for street lighting at the SR 55 (US 19N) and Drew Street
interchange. Interchange lighting is important for public safety. FDOT will be responsible for
design and installation of the lights. The City will be responsible for light maintenance and
payment of energy costs. It is estimated annual maintenance and electric costs should not
exceed $17,000. Should liabilities arise from a claim for damages, the City will indemnify
FDOT from claims resulting from City negligence, and FDOT will indemnify the City from claims
resulting from FDOT negligence. This agreement ensures the sovereign immunity of the City
pursuant to Chapter 768.28, Florida Statutes.
Commissioner Clark moved to approve a Joint Project Agreement with the Florida
Department of Transportation for street lighting at the SR 55 (US 19N) and Drew Street
interchange and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
The City Attorney presented Resolution #99-30 and read it by title only. Commissioner
Hooper moved to pass and adopt Resolution #99-30 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.
ITEM #32 -Approve amendments to Code related to establishing an Industrial Pretreatment
Program; First Reading Ord. #6393-99 -relating to wastewater collection, deleting Sec.
mcc0799 11 07/15/99
32.211-32.224 and adopting Industrial Pretreatment Ordinance by reference; and approve
interlocal agreement with Safety Harbor (PW)
FDEP (Florida Department of Environmental Protection) was delegated by USEPA
(United States Environmental Protection Agency) to administer the Statewide IPP (Industrial
Pretreatment Program). FDEP is the approval authority for all local IPPs. IPP goals are to
protect: 1) the infrastructure collection system, pumping system, and treatment plants; 2) staff
and citizen safety; 3) reclaimed water and sludge from harmful materials; and 4) to prevent the
pass-through of harmful materials to the environment. All Wastewater Treatment Facilities,
which provide reclaimed water to public access facilities, must develop a pretreatment program
unless they can demonstrate the public utilities have no significant industrial users. The City
has identified categorical, significant, and minor industrial users in the City.
Commissioner Johnson moved to approve amendments to the code of Ordinances
related to establishing an Industrial Pretreatment Program and approve the interlocal
agreement between the City of Clearwater and the City of Safety Harbor and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6393-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #6393-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #33 -Contract to Tampa Bay Engineering for Sanitary Sewer System Evaluation &
Self Audit, Phase II, $1,996,253 (PW)
Clearwater is conducting a Sanitary Sewer System Evaluation and Self-Audit to
eliminate overflows during heavy rainstorms and to comply with a USEPA request. Phase II
will monitor flows, develop a model to determine hydraulic flows, and continue physical
inspections. Phase II will cost $1,996,253 and continues the Phase I evaluation which Tampa
Bay Engineering is completing at a cost of $299,682. Phase I results from smoke testing 25
miles of pipe and inspecting 750 utility access portals warranted continued investigation.
Some defects include cracked and deteriorated pipes, cross connections, missing clean-out
caps, etc.
Phase I also inspected and evaluated 24 of the City's 75 Sanitary Sewer pump
stations. Some problems include excessive grease build-up, open grated valve boxes that
allow stormwater into the pump stations, excessive odors, obsolete pumps, and structural
deterioration. The resulting Pump Station Capital Improvement Report estimates renewal and
replacement of these 24 pump stations will cost $10.3-million. Staff will prioritize
improvements into several projects for completion during the next five years. Engineering
Consultant Work Orders to rehabilitate six pump stations will be presented to the Commission
for approval.
mcc0799 12 07/15/99
Clearwater's Sanitary Sewer System has approximately 410 miles of pipes and more
than 10,000 utility access portals. Information collected during Phase I was used to develop a
scope of work for Phase II. Continued evaluation will allow the City to develop a model and
master plan, and allow field crews to take a proactive role in operating and maintaining the
system. The Phase II master plan also will provide data on which to base future operating and
capital improvement budgets.
Commissioner Clark moved to award the contract to Tampa Bay Engineering,
Clearwater, Florida, in the amount of $1,996,253, for the Sanitary Sewer System Evaluation
and Self Audit, Phase II, and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM #34 -Establish City's position regarding proposed Special Act on Annexation to
exempt cities with defined planning areas from the PPC's review or proposed annexation;
provide authority to staff to represent City's position to the PPC and Board of County
Commissioners (PLD)
In July 1998, the PPC (Pinellas Planning Council) prepared an issue paper identifying
problems with current annexation procedures. Primary concerns relate to the lack of a
countywide comprehensive approach, predictable municipal borders, notification to adjoining
municipalities and County, and evaluation of annexing jurisdictions' ability to provide utilities.
The PPC determined a Special Act should be established to provide a comprehensive system
of annexation for the County. On May 25, 1999, the Board of County Commissioners
requested each municipality to review the proposal and issue an official position. The PPC
has scheduled a public hearing regarding this issue on July 21, 1999.
Currently, PPC review only is necessary for annexations greater than 10 acres. The
Special Act would require PPC review of all annexations for consistency with State law,
correctness of the legal description, consistency with the Countywide land use plan, and if the
annexing municipality is able to provide urban services. The Special Act would establish a
geographic area for each city, identifying the area eligible for future annexation by that city. A
city will not be allowed to annex outside this area nor annex property the PPC determines to
be inconsistent with the Special Act.
Staff has reviewed the Special Act. The City, one of four municipalities with a defined
planning area, is constrained by Dunedin city limits to the north, Largo city limits to the south,
Tampa Bay to the east, and the Gulf of Mexico to the west. The City is capable of serving all
property within this area. As the City's planning area is defined, the Special Act would add a
layer of review to the City's current process.
As an alternative, staff suggests the Special Act exempt cities with defined planning
areas from annexation review. The City's current process could continue while a
comprehensive annexation program in other cities would be encouraged. Staff recommends
support of the Special Act provision that allows enclaves to be created as cities pursue
annexation within their planning areas. The provision recognizes the creation of enclaves as a
mcc0799 13 07/15/99
short-term byproduct of an active long-range annexation program. The exemption would
assist in pursuing voluntary annexation.
In response to a question, Mr. Stone said the Special Act would add a step to the City's
annexation process and require PPC review of all City annexations. Assistant Planning
Director Cyndi Hardin said PPC stated concerns do not affect City annexation, which should
be exempt from PPC oversight. She said the PPC does not plan to forward this proposal to
the Legislative Delegation for review in 2000.
The City Attorney expressed concern the Special Act would erode City home rule
authority.
Commissioner Hooper moved to oppose the Special Act proposed by the PPC as it is
currently written and staff be authorized to present the City's position at the PPC public hearing
on July 21, 1999. The motion was duly seconded and carried unanimously.
ITEM #35 -Provide direction re Sister City funding request
Tim Garvey, President of Clearwater Sister Cities, Inc., requested approval of $930 in
travel related expenses for the July 21-25, 1999 Annual Sister Cities Conference in Little Rock,
Arkansas and $170 for a July 6, 1999 trip to Tallahassee related to the Sister City program.
It was noted the current fiscal year's budget for the Sister City program is almost $95 in
arrears. This year's high expenses are related to hosting a 40-person delegation from
Nagano, Japan. Concern was expressed precedent not be set as the letter and request for
reimbursement were received after the fact.
In response to a question, City Clerk Cyndie Goudeau said the City budgets $1,200
annually to the Sister City program for membership dues, office expenses, and
commemorative type items. Beginning in 1993, the City began budgeting $3,000 annually to a
special project fund for travel expenses and costs associated with hosting large delegations.
Unused funds are rolled over from one year to the next. Last year's remaining balance, while
large, was used to host a celebration of the success of the 1998 Winter Olympics with the
visiting Nagano delegation. Ms. Goudeau said another $3,000 for the special project fund is
proposed for the FY (fiscal year) 1999/00 budget. Funds remaining in this year's $1,200
budget will be transferred to cover the shortfall in the special project fund.
It was recommended the City Commission review this program as the budget process
continues.
Commissioner Hart moved to deny the request for travel expenses related to the Sister
City Program. The motion was duly seconded. Commissioners Johnson, Hooper, Hart, and
Mayor Aungst voted "Aye"; Commissioner Clark voted "Nay." Motion carried.
ITEM #36 -First Reading Ord. #6435-99 - Appointing a board of commissioners to the
Enterprise Zone Development Agency (CLK)
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In response to a question, the City Clerk recommended the City Commission not
appoint 13 members now as representation from the intended expanded area will be needed.
Appointing 2 family members could cause Sunshine Law problems.
Commissioner Clark moved to appoint to the EZDA (Enterprise Zone Development
Agency) Board of Commissioners, including category: 1) John Connolly -business operating
within area; 2) Bob Kinney -local chamber of commerce; 3) Ralph Linn -resident residing
within area; 4) Steve Bell -non-profit community based organization operating within area; 5)
Rev. Mack Sigmon -non-profit community based organization operating within area; 6) Cheryl
Wade -local financial or insurance entities; 7) Donald Rutledge -local Private Industry Council;
8) Lt. Don Hall -City of Clearwater Police Department; and 9) Rick Rosa -City of Clearwater
Community Response Team. The motion was duly seconded and carried unanimously.
One resident requested additional information regarding program advantages.
It was noted the City Commission must designate a board chair and vice-chair and
specify the length of each member's term.
Consensus was to establish terms and appoint chair/vice-chair to the EZDA Board of
Commissioners: 1) John Connolly/Chair - 4-years; 2) Bob Kinney/Vice-Chair - 4-years; 3)
Ralph Linn - 4-years; 4) Steve Bell - 4-years; 5) Rev. Mack Sigmon - 3-years; 6) Cheryl Wade -
3-years; 7) Donald Rutledge - 2-years; 8) Lt. Don Hall - 2-years; and 9) Rick Rosa - 1-year.
The City Attorney presented Ordinance #6435-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6435-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #37 -Appointment to Long Center Board of Directors (CLK)
Commissioner Hart moved to appoint Scott Tyler for the term October 1, 1999 to
September 30, 2002. The motion was duly seconded and carried unanimously.
ITEM #38 -Other Pending Matters -None.
CITY ATTORNEY REPORTS
ITEM #39 -Res. #99-34 -Assessing property owners the costs of having mowed or cleared
owners' lots
The City Attorney presented Resolution #99-34 and read it by title only. Commissioner
Clark moved to pass and adopt Resolution #99-34 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #40 -First Reading Ord. #6427-99 -Relating to money purchase pension plan;
amending Sec. 2.510.2 of code and amending Sec. 8.9 of plan document to provide for
withdrawal from employee contribution account
The City Attorney presented Ordinance #6427-99 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance #6427-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #41 -Other City Attorney Items -None.
ITEM #42 -City Manager Verbal Reports -None.
ITEM #43 -Other Commission Action
Commissioner Hooper expressed concern the Federal Religious Liberty Protection Act
legislation would erode City rights.
Commissioner Hooper offered to lead a committee to address Fire Department needs.
Commissioners to discuss and determine how to proceed at the August 5, 1999 Commission
Meeting.
Commissioner Hooper expressed concern the Commission was not apprised
adequately of the contracting for services and recommended an ordinance be drafted requiring
Commission approval of contracted services. It was suggested a policy be developed instead.
The majority requested the City Attorney to draft a policy requiring City Commission
notification regarding contracted services.
Mayor Aungst reported a women's health forum will be held at the Harborview Center
on July 23, 1999.
ITEM #44 -Adjournment
The meeting adjourned at 9:26 p.m.
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