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08/05/1999CITY COMMISSION MEETING CITY OF CLEARWATER August 5, 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 Bob Keller Assistant 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 Commissioner Johnson. 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) Neighborhood Program Update and Mini-Grant Award Recipients Neighborhood Services Manager Tom Muldano reviewed program accomplishments including visioning, party packs, Celebrate Clearwater Neighborhoods Day, Weed & Seed CAN-DO matching grants program, and the creation of a team for District 2. The team has brainstormed, developed goals, and identified issues. For the grants program, application workshops were held, neighborhood input was shared with residents, and a selection committee awarded grants for 8 projects. Mr. Muldano introduced the grant recipients. b) Recognition of The Clearwater Boxing Team Clearwater Boxing Team members Chris Rangel, Sean MacIntyre, Keith Thurman, and Coach Ben Getty were recognized for their championship achievements. National Recreation & Parks Month David Halliburton was presented a plaque in recognition of his contribution to leisure activities in Clearwater. c) Citation to David Stone for community service The Mayor presented David Stone with a Certificate of Appreciation. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of July 15, 1999, and the special meeting of August 2, 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 Dan Moran serenaded Commissioner Hooper for his birthday. Jack Alvord requested protection of Historic Bayview. Sonja Haught said priorities of the new development code fall short of meeting resident needs. Jonathan Wade requested funding be continued for the Armory until the new North Greenwood recreation center is built. Alexis Romar, Freda Dixon, Brenda Frazier, and Early Sorenson requested continued funding for the Jasmine Court recreation center. John Doran said the fire department’s need for $39-million over 20 years works out to $0.05 per resident a day. Thirty-one residents requested funding be continued for Ervin’s All-American Youth Club, Inc. PUBLIC HEARINGS ITEM #8 - Public Hearing - Approve City's 1999-2000 Consolidated Plan (PLD) USHUD (U.S. Department of Housing & Urban Development) requires annual statements from communities receiving entitlement funds, identifying the source and use of federal money for housing, community, and economic development. The Consolidated Plan reports how funds alleviate identified needs. City goals include developing viable communities, providing safe and affordable housing, and expanding economic opportunities for residents with very low to moderate incomes. Federal and State funds will be used to provide low to moderate income families with opportunities for home ownership, job training, placement services, construction and/or renovation of public facilities, and to fund programs assisting the homeless, elderly, physically challenged, children, and single parent households. In FY (fiscal year) 1999/00, the City anticipates receiving $1,005,000 from CDBG (Community Development Block Grant), $459,000 from HOME (Housing Opportunity Made Equal), and $733,000 from SHIP (State Housing Initiatives Program). Higher State revenues increased SHIP funds slightly. CDBG and HOME funding has remained level. Laws restrict HOME and SHIP funds to housing activities. CDGB funds may be used for economic development, code enforcement, public services and facilities, relocation, demolition, and administration in addition to housing activities. Sub-grantee funding recommendations are based on NAHAB (Neighborhood & Affordable Housing Advisory Board) and TRC (Technical Review Committee) evaluations in accordance with the City Commission approved 1995 Citizen Participation Plan. Approval process activities included agency visits, formal presentations, and individually rating each application based on social impacts, agency experience, ability, etc. TRC rankings are based only on information included in applications. NAHAB members also consider community needs. This year, 21 agencies applied for almost $2-million. Applications with the highest scores 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. Commissioner Johnson moved to approve the City of Clearwater's 1999-2000 Consolidated Plan with the funding recommendations attached as Exhibit A to these minutes. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #9 - Ord. #6393-99 - relating to wastewater collection, deleting Sec. 32.211-32.224 and adopting Industrial Pretreatment Ordinance by reference The City Attorney presented Ordinance #6393-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6393-99 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 #10 - Ord. #6418-99 - Annexation for property located at 1810 Brentwood Dr., Lake Lela Manor 1st Addition, Lot 9 (James & Racine Hall, A99-11) The City Attorney presented Ordinance #6418-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6418-99 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 #11 - Ord. #6419-99 - LDR Zoning for property located at 1810 Brentwood Dr., Lake Lela Manor 1st Addition, Lot 9 (James & Racine Hall, A99-11) The City Attorney presented Ordinance #6419-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6419-99 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 #12 - Ord. #6420-99 - Annexation for property located at 2250 & 2260 Nursery Rd., SW¼ Pinellas Groves, part of Lot 11 (Larry & Gladys Hilkert, A99-10) The City Attorney presented Ordinance #6420-99 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6420-99 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 #13 - Ord. #6421-99 - LDR Zoning for property located at 2250 & 2260 Nursery Rd., SW¼ Pinellas Groves, part of Lot 11 (Larry & Gladys Hilkert, A99-10) The City Attorney presented Ordinance #6421-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6421-99 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 #14 - Ord. #6423-99 - Vacating northerly 4' of southerly 10' drainage & utility easement, Countryside Tract 56, Unit 1, Lot 102 (Cruz / Lucas, V99-08) The City Attorney presented Ordinance #6423-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6423-99 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 #15 - 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) The City Attorney presented Ordinance #6424-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6424-99 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. #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) The City Attorney presented Ordinance #6425-99 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6425-99 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. #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 sidewalk, drainage & utility easement (Arnold, V99-06) The City Attorney presented Ordinance #6426-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6426-99 on second and final reading. The motion was duly seconded One resident spoke against the vacation. The City Manager said the nearby property owner who had expressed opposition had withdrawn the objection. Upon roll call, the vote was: "Ayes": Johnson, Clark and Hart. "Nays": Hooper and Aungst. Motion carried. ITEM #18 - 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 second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6427-99 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. #6435-99 - Appointing a board of commissioners to the Enterprise Zone Development Agency Commissioner Hooper moved to amend Ordinance #6435-99 on page 1, Section 1, to revise the name of the individual at No. 6, Local Private Industry Council, from Donald Rutledge to Denise Jefferson. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6435-99 as amended for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6435-99 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. CITY MANAGER REPORTS CONSENT AGENDA (Items #20-30) - approved as submitted. ITEM #20 - Approval of Purchases & Declaration of Surplus per 07/14/99 memorandum: Gator Ford Truck Sales, one 2000 Ford F-650 cab and chassis with flat bed body, 500 gallon tank, air compressor & miscellaneous other equipment (previously approved additional requirement), $49,578.10; funding to be provided under City's Master Lease-Purchase Agreement (GSS) RWG Farm Trailer Sales, one 1999 50 ton Wallace Lowboy trailer, Model DLBT-50-3 (replacement), $34,483; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Lawn and Landscape Service, 2nd & Final renewal option, lawn and landscape maintenance of parks, medians & common areas in north Clearwater, Countryside and south Clearwater, 08/06/99-07/31/00, estimated $65,000 (QOL) U.S. Filter / Davis Inc., 2nd & Final renewal option, double detector check valves, 08/15/99-08/31/00, estimated $62,000 (PW) McLain Southland Equipment, two 1999 Mack MR688S front loader garbage trucks (replacement), $286,636; funding to be provided under City's Master Lease-Purchase Agreement (GSS) General Chemical, extension, aluminum sulfate, 10/01/99-09/30/00, estimated $100,000 (PW) Declare surplus to City needs and authorize disposal through Tampa Machinery Auction, vehicles and equipment ITEM #21 - Joint Project Agreement with Pinellas County to relocate natural gas mains during County improvement project of Keene Road, Sunset Point Road to Virginia Street, estimated $20,000 (GAS) ITEM #22 - Joint Project Agreement with Pinellas County for utility installation by roadway contractor during construction of Keene Road, from Sunset Point Road to Virginia Street, estimated $377,777 (PW) ITEM #23 - Contract for Windward Passage Seawall Repairs to Inter-Bay Marine Construction Company, for $82,193.10 (PW) ITEM #24 - Contract for Northwood Area Traffic Calming - Phase 2 to Purvis Curb Corp., for $185,110.20 (PW) ITEM #25 - Contract to purchase real property located at 1003 & 1005 Marshall Street, and 1002 Grant Street, Norwood 1st Addition, Blk B, Lots 6-8, for $54,000 and waive $3,533.11 in building demolition fees of existing owner, Esther Hunt (PLD) ITEM #26 - Agreement for professional services with National Development Council for housing & economic development services through 09/30/00, $47,250 (PLD) ITEM #27 - Sanitary Easement to construct, install, maintain and inspect sanitary lines on portion of Wellington Apartments property (TWC Ninety-Four, Ltd.)(CA) ITEM #28 - Authorize settlement of claim by Dr. Carlos and Angela Berry for subsurface contamination caused by fuel oil spill (CA) ITEM #29 - Authorize settlement of claim - Timm v. City re accident with City vehicle (CA) ITEM #30 - January 2000 Commission Meeting Schedule - Cancel 01/06/00 Commission meeting and associated 01/03/00 Work Session (CLK) Commissioner Clark 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 7:39 to 7:56 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #31 - Update regarding Beach Entryway (Roundabout) Project (CM) Public Works Administrator Rich Baier said the project is ahead of schedule. A change order will be presented next week. Causeway drivers are alerted to beach traffic delays. Changes to traffic patterns will reduce congestion. When completed, lane widths west of the small bridge will be 10 feet and 15 feet through the roundabout. ITEM #32 - First Reading Ord. #6417-99 - Amendments to various sections of the Community Development Code (PLD) This ordinance identifies issues in the Community Development Code which cause administrative problems or deter redevelopment efforts. A comprehensive review of the Code will be presented in the fall. On June 15, 1999, the CDB (Community Development Board) reviewed the ordinance and recommended: 1) delete Section 1 - establishes new Transitional Rule for properties affected by Eminent Domain; 2) add Comprehensive In-fill Redevelopment District to Institutional District; and 3) adopt language in Sections 12 & 13 - allow City to mitigate accumulation of weeds and trash as a public nuisance. Staff included the board's second and third recommendation in the ordinance being presented. According to Assistant General Counsel for FDOT (Florida Department of Transportation) District 7 Richard Vickers, FDOT supports the Transitional Rule as proposed. One resident said occupational licenses, which require CDB approval, are too expensive. Commissioner Hooper moved to approve amendments to various sections of the Community Development Code. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6417-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6417-99 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 - First Reading Ord. #6428-99 - Relating to enclosures for swimming pools, spas, and hot tubs located on residentially zoned property; creating Sec. 47.191 (PLD) The City Commission had directed staff to prepare an ordinance requiring enclosures for residential swimming pools, spas, and hot tubs. In response to a concern, Building Official Kevin Garriott said the ordinance proposes to enclose pools, not yards. Concern was expressed a birdcage does not provide adequate security. It was recommended the ordinance eliminate pool access by neighborhood youth. Public input was deemed necessary. The need to prevent drownings in existing pools was noted. Two citizens spoke in support of requiring child protection fencing. Item #33 was pulled. ITEM #34 - Authorize Fire Department to proceed with writing specifications and seeking bids to replace one 1980 E-One Simon snorkel, to be delivered on or after 10/01/2000 (FD) Clearwater Fire and Rescue operate aerial equipment: 1) 1985 Sutphen - maximum height capability - 85 feet and 2) 1980 E-One Simon snorkel, maximum height capability - 103 feet. Staff recommends replacing the E-One Simon snorkel. Based on an extensive maintenance history, the 19-year old unit has reached the end of its life. Failure to maintain 2 aerial apparatus will damage the City's ISO rating and cause residential insurance rates to increase. A replacement will cost between $0.75-million and $1-million. The lease/purchase program will pay for the unit over 5 years, beginning 1st quarter, FY 2001. This purchase is listed in the FY 2000/02 CIP. Due to a lengthy manufacturing time, the process needs to be underway soon to insure an October 1, 2000, delivery date. Fire Chief Rowland Herald stated the equipment being replaced is actually a 1979 model. He relayed the history of repairs to the equipment. Commissioner Johnson moved to authorize the Fire Department to proceed with writing specifications and seeking bids to replace the 1980 E-One Simon snorkel, to be delivered on or after October 1, 2000, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #35 - Fire Task Force (FD) Fire Chief Rowland Herald recommended a Fire Task Force be selected to meet for a limited time with an identified mission. Discussion ensued regarding the makeup of the Task Force. It was requested meetings also be scheduled to gather public input. The Fire Task Force's composition, membership, and mission will be finalized on August 19, 1999. Four residents requested fire rescue units be stationed on Sand Key due to lengthy response times. In response to a question, Chief Herald estimated overtime costs and discussed logistical issues associated with increasing services. It was recommended a rescue unit be stationed on Sand Key until the roundabout construction project is complete. It was estimated associated costs could top $150,000 by October 1, 1999. Commissioner Hooper moved to direct the City Manager and Fire Chief to take whatever action necessary to staff an emergency fire response unit on Sand Key. The motion was duly seconded and carried unanimously. ITEM #36 - Beautification Committee - 3 appointments (CLK) Commissioner Hooper moved to reappoint Marcia Blakemore. The motion was duly seconded and carried unanimously. Two appointments were continued. ITEM #37 - Environmental Advisory Board - 2 appointments (CLK) Commissioner Johnson moved to reappoint Alan Smith. The motion was duly seconded and carried unanimously. Commissioner Clark moved to appoint Freda Drake. The motion was duly seconded and carried unanimously. ITEM #38 - Community Relations Board - 2 appointments (CLK) Commissioner Hooper moved to appoint Paul Hartigan to the Retail Merchandising Management category. The motion was duly seconded and carried unanimously. In response to a question, City Clerk Cyndie Goudeau said the Human Relations Department is reviewing an ordinance to amend the number of members and loosen category restrictions. Commissioner Clark moved to delay appointment to the At-Large category. The motion was duly seconded and carried unanimously. ITEM #39 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #40 - First Reading Ord. #6437-99 - Relating to Public Beaches; amending Sec. 22.21 to amend definition of "safe Bathing Limit" and to include definitions of "Public Beach" and "Sand Key Public Beach"; amending various other sections in Ch. 22 The City Attorney reviewed changes to photography restrictions as requested by the City Commission. Assistant City Attorney Rob Surette stated the proposed changes will allow the City to enforce beach rules on Sand Key. Three residents spoke in support of the ordinance. Trash cans on Sand Key were requested. In response to a question, the City Attorney said pets will be prohibited from all public beaches. Commissioner Johnson moved to amend the Code to identify Sand Key as a public beach. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6437-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6437-99 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 - First Reading Ord. #6438-99 - Relating to fines for illegally parking in a parking space designated for persons who have disabilities; amending Sec. 30.061(7) to increase the penalty for violation of disabled permit only parking Commissioner Hart moved to approve increasing the fine for illegally parking in a space designated for persons with disabilities. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6438-99 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6438-99 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 #42 - Other City Attorney Items - None. ITEM #43 - City Manager Verbal Reports - None. ITEM #44 - Commission Discussion Items a) Set date for review of Policies & Rules of Procedure Date to be scheduled on August 16, 1999. ITEM #45 - Other Commission Action Mayor Aungst requested the Commission review a proposed consultant policy draft for future discussion. Commission members expressed concern regarding reports in today’s newspaper and the continuing need to defend City management. The developing pattern of practices that reflect a lack of judgement and fiduciary responsibility was denounced. More accountability, adherence to policy, and a more active role in staff oversight were demanded. A review of City policies and benefit packages was requested. The Commission continues to support the City Manager and staff. Commissioner Hooper requested support at the next MPO (Metropolitan Planning Organization) meeting regarding installation of a traffic signal for a school crosswalk on McMullen-Booth Road at Union Street and funding for pedestrian bridge #43. Commissioner Hooper reviewed Commission opposition to Religious Liberty Protection Act legislation. ITEM #46 - Adjournment The meeting adjourned at 9:57 p.m.