06/06/2002 (2)
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ACTION AGENDA - COMMISSION MEETING
Thursday, June 6, 2002 - 6:01 P.M. . Commission Chambers
ITEM II 1 - Invocation - Pastor John Lloyd, Countryside Christian Center
ITEM # 2 - Pledge of Allegiance - Mayor
ITEM #3 - Introductions and Awards
Proclamation: National Garden Week . Given
ITEM #4 - Presentations
Celebrate Neigh~orhood Appreciation Certificates - Given.
ITEM #5 - Approval of Minutes - Regular Meeting - May 16, 2002 - Approved as
submitted
ITEM #6 - Citizens to be heard re items not 'on the Agenda
Tom Selhorst expressed concern about a business that had to close because of a Code
violation.
The Mayor said he has scheduled a meeting with Mr. Selhorst.
PUBLIC HEARINGS
ITEM #7 - Public Hearing - Approve Stipulation for Entry of Final Judgment in The Laura
Nail Connelly Trust v. City of Clearwater, Case No. 01-Q02523-CI-15.
ACTION: Approved.
ITEM #8 - Public Hearing & First Reading Ord #6972-02, 6973-02 - Approve Land Use
Plan Amendment from Commercial General to Residential High and Zoning Atlas
Amendment from Commercial to Medium High Density Residential consisting of property
at 2551 Harn Boulevard. (Long Bow Corporation; James G and Anastasia S Nichols) LUZ
02-02-01
ACTION:, Approved. Ordinances passed first reading.
ITEM 1/9 - Public Hearing & First Reading Ord #6989.02, 6990-02, 6991-02 - Approve
Annexation, Land Use Plan Amendment from County Residential Low to City Residential
Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District
to City Low Medium Density Residential for 1931 E Skyline Avenue (Lot 36, Skyline
Groves Subdivision in Section 06-29S-16E) (Lois Conley) ANX 02-03-05
ACTION: Approved., Ordinances passed first reading.
ITEM 1/10- Public Hearing & First Reading Ord #6974-02. 6975-02, 6976-02 - Approve
Annexation, Land Use Plan Amendment to Residential/Office/Retail and Zoning Atlas
Amendment to Commercial for 25633 US Highway 19 N (Section 32-28-16) {Lawrence H
Dimmitt, . Ill} ANX 02-02-03
ACTION: Approved. Ordinances passed first reading.
ITEM 1/11 - Public Hearing & First Reading Ord #6977-02, 6978-02, 6979-02 - Approve
Annexation, Land Use Plan Amendment from County Residential Suburban and
Preservation to City Residential Urban and Preservation and Zoning Atlas Amendment from
County Zoning Rural Residential to City Low Medium Density Residential and Preservation
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of properties at 2301 Chautauqua Avenue (M&B 24/03, 24/04, 31/01 and Lot 4, Block
38, Unit 1, Section A Chautauqua "On the Lake" Section 32-28S~ 16E) (Lawrence H
Dimmitt III & Larry H Dimmitt Jr, Trustee) ANX 02.02-04, LUZ 02-02~03
ACTION: Continued to June 20, 2002.
Public Hearing - Second Reading Ordinances
ITEM #12 - Ord #6954-02 to vacate the West 5 feet of the 10 foot drainage and utility
easement Iyin~ alon~ the East property line of Lot 36, Feather Tree Subdivision, (AKA 307
Feather Tree Drive) (V2002-02 Younger)
ACTION: Ordinance passed second reading.
ITEM #13 - Ord #6955-02 to vacate portion of 40 foot right-of-way of State Street,
bounded on the East by northerly extension of the east property line of Lot 19 of E. A.
Marshall Subdivision and on the West by a line 90 feet west of and parallel to extended
property line of Lot 19, subject to a drainage and utility easement which is retained over
the full width. (V2002-03 Clearwater Village L.C.)
ACTION: Ordinance passed second reading.
ITEM # 14 - Ord #6958-02 Annexation (& redefining boundary lines) for property located
at 7 Hampton Road, Section 17-29-16 (M& B 13/02) (Gabriel) ANX 02-02~02.
ACTION: Ordinance passed second reading.
ITEM #15 - Ord #6959~02 Amend future land Use Plan for property located at 7 Hampton
Road, Section 1 7-29-16 (M&B 13/02) as Residential/Office Liniited) (Gabriel) LUZ 02-02-
02. ,
ACTION: Ordinance passed second reading.
ITEM # 1 6 ~ Ord #6960-02 Amend the Zoning Atlas for property located at 7 Hampton
Road, Section 17-29-16 {M&B 13/02) as office. (Gabriel) LUZ 02-02-02.
ACTION: Ordinance passed second reading.
ITEM # 17 ~ Ord #6961-02 Annexation (& redefininq boundary lines) for property located
at 10 Hampton Road, Section 17-29-16 (M& B 13/05) (Caruthers) ANX 02-02~02
ACTION: Ordinance passed second reading.
ITEM #18 - Ord II' 6962.02 Amend future Land Use Plan for property located at 10
Hampton Road. Section 17-29-16 (M&B 13/05) as Residential/Office Limited, (Caruthers).
LUZ 02-02-02
ACTION: Ordinance passed second reading.
ITEM # 19 - Ord # 6963-02 Amend the Zoning Atlas for property located at 10 Hampton
Road, Section 17~29-16 (M&B 13/05) as office, (Caruthers) LUZ 02-02-02
ACTION: Ordinance passed second reading.
ITEM #20 - Ord #6964-02 Annexation (& redefining boundary lines) for property located
at 7 Hampton Road, Section 17-29-16 (M& B 13/04) (Limited Properties tne) ANX 02-02-
02.
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Ordinance passed second reading.
ITEM #21 - Ord #6965-02 Amend future Land Use Plan for property located at 7 Hampton
Road, Section 17-29-16 (M&B 13104) as Residential/Office Limited (Limited Properties
Inc.) LUZ 02-02-02.
ACTION: Ordinance passed second reading.
ITEM #22 - Ord 116966-02 Amend the Zoning Atlas for property located at 7 Hampton
Road, Section 17-29-16 (M&B 13/04) as office, (Limited Properties Inc) LUZ 02-02-02.
ACTION: Ordinance passed second reading.
ITEM #23, - Ord #6967-02 Annexation (& redefining boundary lines) for property located
at 7 Hampton Road, Section 17-29-16 (M& B 13/03 & 13/041) (sorota or Florida Land
Trust) ANX 02-02-02.
ACTION: Ordinance passed second reading.
ITEM #24 - Ord #6968-02 Amend future Land Use Plan for property located at 7 Hampton
Road, Section 17-29-16 (M&B 13/03 & 13/041) as Residential/Office Limited, (Scrota or
Florida land Trust) LUP 02-02-02.
ACTION: Ordinance passed second reading.
ITEM #25 - Ord #6969-02 Amend the Zoning Atlas for property located at 7 Hampton
Road, Section 17-29-16 (M&B 13/03 & 13/041) as office, (So rota or Florida land Trust)
LUZ 02-02-02.
ACTION: Ordinance passed second reading.
ITEM #26 - Ord #6970-02 Amend future land Use Plan for property located at 7 Hampton
Road, Section 17-29- 16. (M&B 13/01) from Residential Urban to Residential/Office
Limited, (Allen or Florida land Trust) LUP 02-02-02.
ACTION: Ordinance passed second reading.
ITEM #27 - Ord #6971-02 Amend the Zoning Atlas for property located at 7 Hampton
Road, Section 17-29-16 (M&B 13/01) from Low medium Density Residential to Office,
(Allen or Florida Land Trust) LUZ 02-02-02.
ACTION: Ordinance passed second reading.
ITEM #28 - Ord #6985-02 to vacate the northerly 2 feet of the 7 foot drainage and utility
easement lying along the south property line of Lot 10, Block B, Northwood Estates Tract
tIC" ,(AKA 3089 Cascade Drive) (V2002-04 Hook)
ACTION: Ordinance passed second reading.
ITEM #29 - Ord #6986-02, Amending Appendix A, Schedule of Fees, Rates, and Charges,
Code of Ordinances,' V. Buildings and Building Regulations (47.087), by adding a
maximum fee of $1 ,000 for a demolition permit.
ACTION: ,Ordinance passed second reading.
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ITEM #30 ~ Ord #6987-02. relating to Chapter 51, Flood Damage Prevention, amending
Section 51.03 Definitions, redefining Substantial Improvement, applicable to any property
. located in an area of special flood hazard in the city.
ACTION: Ordinance passed second reading.
ITEM' #31 - Ord #6988-02 to vacate the westerly 1.2 feet of the 10 foot drainage and
utility easement tying along the east property line of Lot 4, Block C, Northwood Estates'
Tract" F", (AKA Sweetgum Way) (V2002-05 Ryder)
ACTION: Ordinance passed second reading.
ITEM #32 - Ord #6992~02 Amending Section 32.153. Watering Schedule, to provide that
low-volume irrigation devices shall not be restricted as to date and time of use; providing
an effective date.
ACTION: Ordinance passed second reading.
CITY MANAGER REPORTS
CONSENT AGENDA - Approved as submitted.
ITEM #33 ~ Approval of Purchases per Purchasing Memorandum
1. Purchase jab, Clearwater East/West Recreation Trail including Cliff Stephens Park.
Dolphin Constructors, low bid, $269,890.
Purchase 79 park signage during the contract period June 7, 2002 through June
2003, Baron Sign Manufacturing, Jaw bid, $85,000.
Purchase contract, front loading dumpsters during the contract period June 7,
through June 19, 2003, Industrial Refuse Sales. piggyback, $100.000.
,Purchase job, Cliff Stephens Park bridge installation, All American Concrete lne,
bid, $55,500.
Purchase two (2) playground playsets, Miracle Recreation Equipment, piggyback
installation: Crest lake Park & Allen's Creek Playground, $91,473.94.
6. Purchase to replace two (2) Toro 40000 Groundsmaster riding mowers, Wesco
Turf Inc., piggyback lease purchase financing, $77,990.
2.
30,
3.
2002
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low
5.
ITEM #34 - Re-appoint Myron L Ahrens to a two~year term as a Trustee of the Clearwater
Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida
State Statutes.
ITEM #35 - Approve a Work Order to Tampa Bay Engineerin~, Inc for $225,000 to provide
engineering and architectural design services, including CEI work, for the new Clearwater
Mall Fire Station 49.
ITEM #36 - Approve an addendum to the existing license agreement with Cingular
Wireless (formerly BellSouth Mobility) to allow the placement of six additional antennas on
the radio tower in Countryside (McMullen Booth Road and 580) and one 1 O.x 1 2' building
at the base of the tower increasing rent by $25,000 per year for a total of $50,268 per
year.
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ITEM #37 - Approve Change Order No.2 to Contract No. OQ-0029-UT, 2000 Reclaimed
Utility Improvements, with A & L Underground, Inc, for an increase in the amount of
$1,022,850 for a new total of $5,531,103.
ITEM #38 - Approve the final plat for tfCVS - Gulf to Bay - Clearwater" located in the
northeast corner of Belcher and Gulf-to-Bay Boulevard.
ITEM #39 - Submerged Lands Easement - Rocca A and Donna L Rao
ITEM #40 - Submerged Lands Easement - William A Day, Trustee
ITEM #41 - Municipal Code Enforcement Board - one (1) vacancy (CLK) (to be continued)'
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #42 - Adopt Res. #02-26 authorizing the receipt and execution of the Interlocal
Agreement with Pinellas County, for reimbursement of replacing navigational signs.
ACTION: Approved. Resolution adopted.
ITEM #43 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
Resolutions
First Readings
ITEM #44 - Other City Attorney Items
ACTION: Attorney/client session scheduled for 6/17/02 at 8:30 a.m.
,ITEM #45 - City Manager Verbal Reports
ACTION: Executive session scheduled for 6/20/02 at 4:30 p.m.
City Manager complimented staff for their role at the Transforming Local ,
Government conference in Tucson, Arizona. Said the conference held in Clearwater 2
years ago set the standard by which all other conferences are gauged. Gary Johnson and
Nate McAbee presented Goal Buster program - excellent job.
ITEM #46 - Commission Discussion Items - None.
ITEM #47 - Other Commission Action
Hibbard attended Head Start graduation this week - great program'- parents and teachers
should be proud of their accomplishments. Reminder kids are out of school so be careful
in neighborhoods. Library groundbreaking tomorrow. Please contribute to the significantly
low blood supply.
Gray attended PinelJas Assembly - Mr. Horne and Mr. Stone did well wit,h their group.
Thanked Commissioner Hamilton for representing the City. Library demolition and
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groundbreaking tomorrow. Encouraged everyone to continue to support the library capital
campaign~, Many advisory board positio~s available -contact City Clerk Department.
Appreciated Visioning Session - it set a new bar to achieve. Congratulated daughter for
graduating from elementary school. '
(
Jonson attended' a Chamber of Commerce Central Committee meeting - pleased with,
presentation. Unable to attend tomorrow's'tibrary groundbreaking as he is atten'ding a
Florida Legislative Workshop. Congratulated Mayor's son for graduation from Countryside
High. Wished his wife happy anniversary of first date \vith him.
Hamilton encouraged blood donations as new regulations prohibit those who travel to
Europe from donating. Congratulated his nephew who graduated from Clearwater High
and all other gra~uates at all levels. '
Aungst distributed an article from Tampa Tribune re growth limits will hurt the Bay Area.
Requested staff contact St. Petersburg Times re adding water restrictions fo,r Clearwater.
He attended the Clearwater Central Catholic High School banquet. Congratulated the
Marauders. Wished students' and parents well on their trip to Nagano. Library
groundbreaking is tomorrow. Mayor's council has changed - will me'et 6 times/year as
mayors only - in order to present a more,unified voice and get the County's attention.
Candidate screenings for the Mayor's Council will be scheduled. Congratulated his son for
graduating from high school. Thanked parents of Countryside High who did terrific job,
, keeping kids' busy and' out of trouble. . ,
Hibbard said on behalf of the entire Commission, he wished to send condolences to former
Mayor Rita Garvey re the loss of her husband Tim.
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ITEM #48 - Adjournment - 9:08 p.m.
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CITY COMMISSION MEETING
CITY OF CLEARWATER
June 6, 2002
Present:
,Brian J. Aungst
Whitney Gray
Hoyt P. Hamilton
William C. ,Jonson
Frank: Hibbard
, Mayor/Commissioner
Vi ce- Mayo r /Com mis s ioner
Commissioner
Commissioner
Commissioner
Also present:
William B. Horne"
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk .
Board Reporter
The Mayor called the meeting to order at 6:01p.m. at City Hall. The invocation"
was offered by Pastor John Lloyd of Countryside Christian Center. 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 - Introductions and Awards
a. 'Proclamation: National Garden Week June 2 - 8, '2002
ITEM #4 - Presentations
a. Celebrat~ Neighborhood Appreciation Certificates
Celebrate Neighborhood Appreciation Certificates were presented to several
neighborhood representatives. ,<
, The Mayor announced Clearwater has received the Healthy Beach' Award for 2002
from the Coastal Research Center and the Blue Wave Beach award from the Clean
Beaches Council. He presented the awards to the Commission and City Manager.
Commissioner Hamilton complimented Time Warner for donating $450,000 in
advertising to Clearwater 'to promote tourism. '
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. ITEM #5 - Approval of Minutes - Regular Meeting - May 16, 2002
Member Jon'son moved to approve the minutes of the regular meeting of May 16,
2002, as recorded and submitted, in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
ITEM #6 - Citizens to be heard re items not on the Aqenda
Tom Selhorst expressed concern about a business that had to close because of a
Code violation.
The Mayor said he has scheduled a meeting with Mr. Selhorst.
PUBLIC HEARINGS
ITEM #7 . Public Hearing - Approve Stipulation for Entry of Final Judgment in The Laura
Nail Connelly Trust v. City of Clearwater, Case No. 01-002523-CI-15. (CA)
.
, The Laura Nail Connolly Trust ini,tiated litigation following the denial by the City of
Clearwater of its application for a comprehensive land use plan amendment frpm
, Residential Low Medium and Residential Urban to Residential/Office Limited, and for a
rezoning from Mobile Home Park to Office zoning district. These proceedings in Circuit
Court were stayed pending proposed purchase of the real property through the Florida ,
Communities Trust program. The Stipulation for Entry of Final Judgment provides that the
property shall have the land use classification and zoning district classification sought by
the applicant/current owner, and that these shall run with the land. A Final Judgment
would be requested on that basis. However, it is contemplated that upon closing of the
sale transaction, the property will be reconveyed to the City of Clearwater, which will
seek 'a comprehensive land use plan amendment and rezoning allowing use of the property
:as a public park.
This item is being advertised as if it were a comprehensive land use plan
amendment and rezoning pursuant to r;\')rida Statutes Chapters 163 and 166, with two
public hearings and two readings.
Commissioner Gray moved to approve the Stipulation for Entry of Final Judgment
in the Laura Nail Connelly Trust v. City of Clearwater, Case #01-Q02523-CI-15. The
motion was duly seconded and carried unanimo~sly.
"
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ITEM #8 - Public Hearing & First Reading Ordlnoncoll@Jl~.:.9~t...9973.02 - Approve land
Use Plan Amendment from Commercial GQ!.!9Lru.l.QJlg.!ill!~lH!!~J:Hob._llnd Zoning Atlas
Amendment from Commercial to Medium HIOb..Q.Q!.1!!!1Y..IlJw.t~J.!1!.!!LI'!I consisting of property
at 2551 Harn Boulevard. (long Bow Corporation; Jnruol 0 nnd Annsloslo S Nichols) lUZ
02-02-01
The subject site is 36,590 square foot in MOll or ()}J4 nc:run nlld iB currently
vacant. It is located on the south side of Harll BOlllcJVnrd, npp,ox!lnntoly 420 feet west of
U. S. Highway 19 North. This land use plan olllondnwllt und tU/olllnu le~ roquosted by the
owners in order to develop the site with multi.fl.lmlly rnnldontll'll dwulllllgu. Tho current
Commercial (C) District does not permit rosldontlnl LJnnu out uldtJ of n 111l>wd.uso
development.
The Planning Department determined tho propouud IIII'd uno pllll1 nmondmcnt and
rezoning applications are consistent with the followlllU i~tlllHlfHd", npuolflud ill tho
Community Development Code:
· The proposed is not in conflict with Clttnrwntur CornprnhulHllvo Pion Goals,
Objectives or' Policies, and is consistent wltl, rhl) CluurwLHuf Comprohonsive
Plan.
· !he proposed Residential High (RH) doslgnntlon lu r.olwldorod {) Ions
intensive category than the, current Comrnorclnl OOllornl (CQ) doslgnation.
· The potential- range of uses and the specific propound uno mo compatiblo
with the surrounding area.
D Sufficient public facilities are available to sorvo tho propurty. ,
· The application will not have an adverse impact all tho natural onvironmont.
The location of the proposed Medium High Density Rosldontlul (MHDf~~ zoning
district boundaries are logical and an appropriate classification in this oron, Land zoned
MHDR is located to the west and HDR zoned property is locatod to tho north I )"ho
. . proposed MHDR District is an appropriate buffer to the Commorclal ~C) District located to
. the east. The district boundaries are appropriately drawn in regard to location and
classifications of streets, ownership lines and existing improvemonts.
In accordance with the Countywide Plan R'ules, the land uso pla'n amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. Due to the allowable
density of the Residential High (RH) Future land Use Plan category, review and approval
by the Department of Comm~nity Affairs is required.
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Commissioner Hamilton moved to approve the Land Use Plan Amendment from
Commercial General (CG) to Residential High (RH) and Zoning Atlas Amendment from
Commercial (C) to Medium High Density Residential (MHDR) for property located at 2551
Harn' Boulevard being a portion of Metes and Bounds 14/08 in Section 19/29/16 (see
detailed Legal Description attached to ordinance). The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance 1/6972-02 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6972-02 on first reading.
The motion was duly seconded and upon roll call, the vote was:
t! Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. ,
"Nays": None.
The City Attorney presented Ordinance #6973.02 for first reading and read it'by
title only. Commissioner Gray moved to pass Ordinance #6973-02 on first reading'. The
motion was duly seconded and upon roll call, the vote was:
"Ayest!: Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
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ITEM #9 - Public Hearing & First Reading Ordinance #6989-02, 6990-02, 6991-02 -
Approve Annexation, Land Use Plan Amendment from County Residential Low to City
Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single
Family District to City Low Medium Density Residential for 1931 E Skyline Avenue' (Lot
36, Skyline Groves Subdivision in Section 06-29S-16E) (lois Conley) ANX 02-03-05
This site at 1931 E. Skyline Avenue is on the east side of E. Skyline Avenue,
approximately 450 feet north of Sunset Point Road. The subject property is approximately
0.17 a,cres in area and is occupied by a single-family dwelling. The purpose of this'
annexation is to enabl,e the applicants to receive City sanitary sewer service. The closest
sewer line is located in the right-of-way along E. Skyline Avenue and the capacity for the
project is available for these utilities. The applicant has paid the required sewer impact fee
and also is aware of the additional cost to extend sewer service to the property. A Future
Land Use Plan ~esignation of Residential Low is proposed along 'with a zoning category of
Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the following standards specified in the Community Development Code:
· The proposed annexation will not have an adverse impact on public facilities and
their level of service.
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. The proposed annexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code.
. The proposed annexation is contiguous to existing municipal boundaries, represents
a logical extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and
Pinellas County s'taff according to the provisions of the County Ordinance No. 00-63,
Section 7 (1-3), and no objections have been received from these offices.
The Planning Department determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards specified in the
Community Development Code: , '
. The proposed land use plan amendment and rezoning application are consistent
with the Comprehensive Plan.
. The potential ,range of uses and the specific proposed use are compatible with the
surrounding area.
. Sufficient public facilities are available to serve the property.
. The applications will not have an adverse impact on the natural environment.
Commissioner Hibbard moved to approve the Petition for Annexation, Land Use
Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas
Amendment from County Zoning Residential, Single Family District (R-3) to City Low
Medium Density Residential (LMDR) Zoning District for 1931 E. Skyline Avenue (Lot 36,
Skyline Groves Subdivision in Section 06, Township 29 South, Range 16 East). The
motion was duly seconded' and carried unanimously.
The City Attorney presented Ordinance #6989-02 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6989-02 on first reading.
The motion was duly seconded and upon roll call, the vote' \vas:
It Ayes" ~ Gray, Hamilton, Jonson, and Aungst.
"Nays": None.
Absent: Hibbard
The City Attorney presented Ordinance #6990.;.02 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6990-02 on first reading;
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
ItNays~: None.
mcc06a02
5
06/06/02
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.
.
.
The City Attorney presented Ordinance #6991-02 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6991-02 on first reading. The
motion was duly seconded and upon roll call, the vote was:
.. Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM # 1 0 - Public Hearing & First Reading Ordinance #6974-02, 6975-02, 6976-02 -
Approve Annexation, Land Use Plan Amendment to Residential/Office/Retail and Zoning
Atlas Amendment to Commercial for 25633 US Highway 19 N (Section 32-28-1 6)
(Lawrence H Dimmitt, III) ANX 02-02-03
The subject property, located on the northe~st corner of US 19N and First Avenue,
is approximately 1 .04 acres in area and is currently occupied by a vehicle service use and
parking. The property is served by City water and no sewer service is required at this
time. A Future Land Use Plan designation of Residential/Office/Retail is proposed along
with a zoning category of Commercial (C).
The Planning Department determined the proposed annexation is consistent with
the following standards specified in the Community Development Code:
. The proposed annexation will not have an adverse impact on public facilities and
their level of service. ,
. The proposed annexation is consistent with the City's Comprehe'nsive Plan, the '
Countywide Plan and the Community Development Code.
. The proposed annexation is contiguous to existing municipal boundaries, represents
a logical extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and
Pinellas County staff according to the provisions of the County Ordinance No. 00-63,
Section 7{ 1-3), and no objections have been received from these offices.
The Planning Department determined that the proposed land use plan amendment
and rezoning applications are consistent with the following standards specified in the
Community Development Code:
. The proposed land use plan amendment and rezoning application are consistent
with the Comprehensive Plan"
. The potential range of uses and the specific proposed use are' compatible with the
surrounding area.
. Sufficient public facilities are available to serve the property.
. The applications will not have an adverse impact on the natural environment.
mcc06a02
6
06/06/02
',r ~,I'~ .'.,',. I ' '," ,,' , l'. ',' ~"-. '; '" ", " ~ . " "" .. ,...' '~" "
. In response to a question, Ms. Clayton reconfirmed that the nonconforming service
building cannot be expanded if improvements exceed 250k of the value unless it is
brought up to Code.
Two residents expressed concern about the drainage and the need for a visual
barrier.
Ms. Clayton said existing uses with no proposed changes are not required to
comply with current Code. Ms. Tarapani said the Commission could decline the
annexation.
Commissioner Hamilton moved to approve the Petition for Annexation, land Use
Plan Amendment from County Residential/Office/Retail to City, Residential/Office/Retail and
Zoning Atlas Amendment from County Commercial Parkway (CP-l) to City Commercial (C)
for 25633 U.S. Highway 19 North (Lots 1- 13 and the South 5.76 feet of Lots 14-26,
Block 9, less the right-at-way of US 19N Unit No.1- Section A, Chautauqua). The
motion was dUly seconded and carried unanimously.
, The City Attorney presented Ordinance #6974-02 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6974-02 on first reading.
The motion wa~ duly seconded and upon roll call, the vote was:
.
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
The City' Attorney presented Ordinance #6975-02 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6975-02 on first reading. The
,motion wasdulv seconded and upon roU call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6976-02 for first reading and read it by
, title only. Commissioner Hibbard moved to pass Ordinance #6976w02 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes" : Gray, Hamilton, Jonson, Hibbard, a'nd Aungst.
"Nays It: None.
.
mcc06a02
7,.
06/06/02
" ' .' '. >, : , '. '. , ' " .. I' .' I ' " ,r",,', I .. , , " "r' .', .~ I 4 ,.". I I "'. ' , '
. ITEM n1 1 - Public Hearing & First Reading Ordinance #6977-02, 6978-02, 6979-02 -
Approve Annexation, Land Use Plan Amendment from County Residential Suburban and
Preservation to City Residential Urban and Preservation and Zoning Atlas Amendment from
County Zoning Rural Residential to City Low Medium Density Residential and Preservation
of properties at 2301 Chautauqua Avenue (M&B 24/03, 24/04, 31/01 and Lot 4, Block,
38, Unit 1/ Section A Chautauqua "On the lake" Section 32-28S-16E) (Lawrence H
Dimmitt III & Larry H Dimmitt Jr, Trustee) ANX 02-02-04/ LUZ 02-02-03
This developme,nt site is comprised of four parcels of land owned by two different
property owners. It is located on the east side of Chautauqua Avenue, west of Lake
Chautauqua, approximately 700 feet east of U.S. Highway 19 North. The property is 23
acres in area and includes 2.56 acres of wetlands. Two single-family dwellings, tennis
courts and other accessory st~uctures currently occupy the property. This annexation, land
use plan amendment and rezoning is requested in order to construct townhomes.
. Water and sewer service will be required at the time of development and the
applicant is aware of the costs associated with extending and connecting water and
sanitary sewer lines to this site.
The Planning Department determined that the proposed annexation is consistent
with the following standards specified in the Community Development Code:
.
· The proposed annexation will not have an adverse impact on public facilities'
and their level of service.
· The proposed annexation is consistent with the City's Comprehensive Plan,
the Countywide Plan and the Community Development Code.
· The proposed annexation is contiguous to existing, municipal boundaries,
represents a logical extension of the boundaries and does not create an
enclave.
The Pinellas Planning Council (PPC) and Pinellas County staffs have reviewed the
annexation of the subject properties pursuant to the Pinellas County charter amendment
approved by referendum on November 7, 2000 and no objections were raised.
The applicant is requesting to amend the Future land Use Plan Map designation of
these parcels from the County's Residential Suburban (RS) and Preservation (P) categories
to the City's Residential Urban (RU) and Preservation (P) categories. Additionally a zoning
atlas amendment is requested to rezone the parcels from the County's Rural Residential
(R-R)' District to the City's Low Medium Density Residential (LMDR) and Preservation (P)
Districts.
The Planning Department determined that ~he proposed land use plan amendment
and rezoning applications are consistent with the following standards specified in the
Community Development Code:
.
mcc06a02
8
06/06/02
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· The proposed land use plan amendment and rezoning application are
consistent with the Comprehensive Plan.
· The potential range of uses and the specific proposed use are compatible
with the surrounding area.
· Sufficient public facilities are available to serve the property.
· The applications will not have an adverse impact on the natural
environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. Due to the size of the plan
amendment site, review and approval by Florida Department of Community Affairs is
required. '
Harry Cline, representative of the applicant, said the applicant wishes 23 acres to
be annexed and the density changed from 2.5 units/acre to 7.5 units/acre. The applicant
. would be able to build 89 more units if the zoning is approved. He said this property is
not marketable or usable without the requested zoning. He offered resumes of Robert
Pergolizzi, a certified planner with Florida Design Consultants, and Mark Klein, a
commercial Flealtor with Klein & Hutchens Realty, as experts in their fields.
Robert Pergolizzi, Florida Design Consultants, said large residential lots would not
be appropriate next to commercial uses. He felt the 7.5 units/acre would serve as a
buffer between the commercial and office uses as it provides better environmental
planning and open space, and more trees would be saved. In respons'e to a question from
Mr. Cline, he said he reviewed the City's Comprehensive Plan amendments and feels the
application meets the standards for zoning. He said a higher density would be justified,
however the applicant is only requesting 7.5 units/acre.
In response to a question, Mr. Pergolizzi said due to its high cost, a higher density
is required to develop this land and provide a quality development.
Mark Klein, Klein & Hutchens Realty, said the requested 7.5 units/acre is a proper
transitional zoning for this property and would allow for an economically viable, upscale
project. The density would preserve more green space. He said it has been difficult to
find a buyer for this property due to the surrounding uses. He said he was confident the
townhomest starting at $150,000, would be marketable. In response to a question, he
did not feel at 5.5 units/acre and a price point of $200,000 would be feasible. He said
staff would have the opportunity to review site plans that create buffers, etc. He felt that
townhomes would create a better buffer than single family homes as they could be set
back and nestled amongst trees.
Eleven persons, including one who said he represented 6 families, spoke in
opposition of the zoning application.
mcc06a02
06/06/02
9
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.
In response to a question, City Attorney Pam Akin said the Commission could
approve the annexation and the applicants could wi~hdraw the request before second
reading. ,If the annexation is not approved; the land use plan would remain Low Density
Residential at 2.5 units/acre and the property would remain under County jurisdiction.
In response to a question, Engineering Director MiI~e Quillen said there is nothing in
the land Development Code that relates to the affects that accidents have on adjacent
roads and staff's decisions regarding a case. Ms. Clayton said surrounding roadways; etc.
would be evaluated by the Engineering Department during the site plan review process. In
response to a question; she said nonresidential off.street parking is prohibited in the lMDR
district and requires a flexible development approval by the CDS (Community Development
Board).
In response to a question, Mr. Quillen said it would be very difficult to get a road
extension t~ Enterprise Road. The developer and the City would be required to contribute
funds to any improvements to roads to the south. Mr. Quillen said the Drew Street
overpass is expected to be complete within 3 years; the Enterprise Road overpass is not in
the 5-year plan but is back on the drawing board. The Sunset Point, overpass which will
follow Drew Street, will improve the level of service. The FOOT will modify a median cut
at First Street to allow only right 'turns. '
.
hi response to a question; Ms. Tarapani said if this zoning application is denied, the
applicant cannot make the same request for one year. He can, however, request different
land use and zoning designation.
Mr. Cline said this application has positive benefits for the City. He said it is not,
good sense to have low density residential next to commercial uses
Discussion ensued and it was commented that the property owners have the right
to develop their property within reason and according to requirements in the Code'.
Concern was expressed regarding additional traffic that would, be, generated from the
townhomes. It was suggested the applicant consider amending the request to 5
units/acre. Mr. Cline said he was not authorized to amend the request but would consult
with his client.
Commissioner Gray moved to continue Case LUZ 02-02.03 to the June 20, 2002,
Commission meeting. T~e motion was duly seconded and carried unanimously.
The meeting recessed from 8:29 to 8:40 p.m.
..
mcc06a02
10
06/06/02
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ROLL NO.
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.
.
. The proposed land use plan amendment and rezoning application are
consistent with the Comprehensive Plan.
. The potential range of uses and the specific proposed use are compatible
with the surrounding area.
. Sufficient public facilities are available to serve the property.
. The applications will not have an adverse impact on the natural
environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. Due to the, size of the plan,
amendment site, review and approval by Florida ,Department of Community 'Affairs is
required.
Harry Cline, representative of the applicant, said the applicant wishes 23 acres to
be annexed and the density changed from 2.5 units/acre to 7.5 units/acre. The applicant
would be able to build '89 more units if the zoning is approved. He said this property is
not marketable or usable without the requested zoning. He offe'red resumes of Robert
Pergolizzi, a certified planner with Florida Design Consultants, and Mark Klein, a
commercial Realtor with Klein & Hutchens Realty, as experts in their field,S.
Robert Pergolizzi, Florida Design Consultants, said large residential lots would not
be appropriate next to commercial uses. He felt the 7.5 units/acre would serve as a
buffer between the commercial and office uses as it provides better, environmental
planning and open space, and more trees would be saved. In response to a question from,
. .
Mr. Cline, he said he reviewed the City's Comprehensive Plan amendments and feels the
application meets the standards for zoning. He said a higher density would be justified,
however the applicant is only requesting 7.5 units/acre. '
In response to a question, Mr. Pergolizzi said due to its high cost, a higher density
is required to develop this land and provide a quality development.
Mark Klein, Klein & Hutchens Realty, said the requested 7.5 units/acre is a proper
transitional zoning for this property and would allow for an economically viable, upscale
,project. The density would preserve more green space. He said it has been difficult to
~ind a buyer. for this property due'to the surrounding uses. He said he was confident the
townhomes,' starting at $150,000, would be marketable. In response to a question, he
did not feel at 5.5 units/acre arid a price point of $200,000 would be feasible. He said
staff would have the opportunity to review site plans that create buffers, etc. He felt that
townhomeswould create a better buffer than single, family homes as they could be set
back and nestled amongst trees.
"
Eleven persons, including one who said he represented 6 families, ,spoke in
opposition of the zoning application.
mcc06a02
9
06/06/02
.
'.
.
In response to a question, City Attorney Pam Akin said the Commission could
approve the annexation and the applicants could withdraw the request before second
reading. If the annexation is not approved, the land use plan would remain Low Density
Residential at 2.5 units/acre and the property would remain under County jurisdiction.
In response to 'a question, Engineering Director Mike Quillen said there is nothing in
the Land Development Code that relates to the affects that accidents have on adjacent
roads and staff's decisions regarding a case. Ms. Clayton said surrounding roadways, etc.
would be evaluated by the Engineering Department during the site plan review process. In
response to a question, she said nonresidential off-street parking is prohibited in the LMDR
, district and requires a flexible development approval by the COB (Community Development
Board) .
In response to a question, Mr. Quillen said it would be very difficult to get a road
extension to Enterprise Road. Th~ developer and the City would be required to contribute
funds to any improvements to roads to the south~ Mr. Quillen said the Drew Street
overpass is expected to be complete within 3 years; the Enterprise Road overpass is not in
the 5-year plan but is back on the drawing board. The Sunset Point, overpass which will
follow Drew Street, will improve the level of service. The FOOT' will modify a median cut
at First Street to allow only right turns.
In response to a question, Ms. Tarapani said if this zoning application is denied, the
applicant cannot make the same request for one year. He can, however, request different
land use and zoning designation.
Mr. Cline said this application has positive benefits for the City. He said it is not
good sense to have low density residential next to commercial uses
Discussion ensued and it was commented that the property owners have the right
to develop their property within reason and according to requirements in the Code.
Concern was expressed regarding additional traffic that would be generated from the
townhomes'. It was suggested the applicant consider amending the request to 5
units/acre. Mr. Cline said he was not authorized to amend the request but would consult
with his client.
Commissioner Gray moved to continue Case LUZ 02-02-03 to the June 20, 2002,
Commission meeting. The motion was duly seconded and carried unanimously.
Th'e meeting recessed from 8:29 to 8:40 p.m.
mcc06a02
10
06/06/02
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.
.
Public Hearing - Second Reading Ordinances
iTEM U12 - Ordinance #6954-02 to vacate the West 5 feet of the 10 foot drainaqe and
utility easement lying along the East property line of Lot 36, Feather Tree Subdivision,
(AKA 307 Feather Tree Drive) (V2002-02 Younger)
The Mayor presented Ordinance #6954-02 for second reading and read it by title
only. Commissioner Hamilton moved to' pass and adopt Ordinance #6954-02 on second
and final reading. The motion was duly seconded and upon roll call, the'vote was:
"Ayesu: Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM #13 - Ordinance #6955-02 to vacate portion of 40 foot right-of-way of State Street,
bounded on the East by northerly extension of the east property line of Lot 19 of E. A.
Marshall Subdivision and on the West by a line 90 feet west of and parallel to extended
property line of Lot 19, subiect'to a drainage and utility easement which is retained over
the full width. (V2002-03 Clearwater Village L.C.)
The Mayor presented Ordinance #6955-02 for second reading and read it by title
. ~nly. Commissioner Jonson moved to pass and adopt Ordinance #6955-02 on second
and tinal reading. The motion was duly seconded and upon roll call, the vote was:
It Ayesu: Gray, Hamilton, Jonson, Hibbard, and Aungst.
U Naysu:. None.
ITEM #14 - Ordinance #6958-02 Annexation (& redefining boundary lines) for property
located at 7 Hampton Road, Section 17-29-16 (M& B 13/02) (Gabriel) ANX 02-02-02.
The Mayor presented Ordinance #6958-02 for second reading and read it by title..
only. Commissioner Gray moved to pass and 'adopt Ordinance #6958-02 on second and
final reading. The motion was duly seconded and upon roll call, the vote was: '
., Ayes": Gray, Hamilton, Jonson, Hibbard. and ,Aungst.
It Nays":, None.
mcc06a02 '
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06/06/02
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ITEM # 15 - Ordinance #6959-02 Amend future Land Use Plan for property located at 7
Hampton Road, Section 17-29-16 (M&B 13/02) as Residential/Office Limited) (Gabriel)
LUZ 02-02-02.
The Mayor presented Ordinance #6959-02 for second reading and read it by title
only. Commissioner Hibbard moved to pass and adopt Ordinance #6959-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
tI Ayeslt: Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nayslt: None.,
ITEM #16 - Ordinance #6960-02 Amend the Zoning Atlas for property located at 7
Hampton Road, Section 17-29-16 (M&B 13/02) as office. (Gabriel) LUZ 02-02-02.
The Mayor presented Ordinance #6960-02 for second reading and read it by title
only. Commissioner Hamilton moved to pass and adopt Ordinance #6960-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
II Ayeslt: Gray, ,Hamilton, Jonson, Hibbard, and Aungst.
The Mayor presented Ordinance #6961-02 for second <reading and read it by title
only. Commissioner Jonson moved to pass and adopt Ordinance #69,61-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
tI Ayeslt: Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nayslt: None.
ITEM #18 - Ordinance # 6962-02 Amend future Land Use Plan for property located at 1 0
Hampton Road, Section 17-29-16 (M&B 13/05) as Residential/Office Limited, (Caruthers).
LUZ 02-02-02
The Mayor presented Ordinance #6962-02 for second reading and read it by title
only. Commissioner 'Gray moved'to pass and adopt Ordinance #6962-02 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
II Ayeslt: Gray, Hamilton, Jonson, Hibbard, and Aungst.
It Naystl : None.
mcc06a02
12
06/06/02 '
,.
..
.
ITEM # 19 - Ordinance # 6963-02 Amend the Zoning Atlas for property located at 10
Hampton Road, Section 17-29-16 (M&B 13/05) as office, (Caruthers) LUZ 02-02-02
The Mayor presented Ordinance #6963-02 for second reading and read it by title
only. Commissioner Hibbard moved to pass and adopt Ordinance #6963-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM #20 - Ordinance #6964-02 Annexation (& redefining boundary lines) for property
located at 7 Hampton Road, Section 17-29-16 (M& 8 13/04) (Limited Properties Inc) ANX
02-02-02.
The Mayor presented Ordinance #6964-02 for second reading and read it by title
only. Commissioner Hamilton moved to pass and adopt Ordinance #6964-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayeslt: Gray, Hamilton, Jonson, Hibbard, and 'Aungst.
"Nays": None.
ITEM #21 - Ordinance #6965-02 Amend future land Use Plan for property located at 7
Hampton Road, Section 17-29-16 (M&B 13/04) as Residential/Office Limited (Limited
Properties Inc.) lUZ 02-02-02.
The Mayor presented Ordinance #6965-02 for second reading and read it by title'
only. Commissioner Jonson moved to pass and adopt Ordinance #6965-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes'" : Gray, Hamilton, Jonson, Hibbard, and Aungst.
UNays": None.
ITEM #22 - Ordinance #6966-02 Amend ~he Zoning Atlas for property located at 7
Hampton Road, ,Section 17-29-16 (M&B 13/04) as office, (Limited Properties Inc.) LUZ
02-02-02.
The Mayor presented, Ordinance #6966-02 for second reading and read it by title
only. Commissioner Gray moved to. pass and adopt Ordinance #6966-02 on second and'
final reading. The motion was duly seconded and ,upon roll call, the vote was:
: .. Ayes": Gray, Hamilt~n, Jons~n, Hibbard, and Aungst.
"Nays": None.
mcc06a02
13
06/06/02
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ITEM #23 - Ordinance #6967-02 Annexation (& redefining boundary lines) for property
located at 7 Hampton Road, Section 17-29-16 (M& B 13/03 & 13/041) (Sorota or Florida
land Trust) ANX 02-02-02.
The Mayor presented Ordinance #6967-02 for second reading and read it by title
only. Commissioner Hibbard moved to pass and adopt Ordinance #6967-02 on second
and final reading. The motion was duly seconded and upon roll call, 'the vote was:
I' Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM #24 - Ordinance #6968-02 Amend future Land Use Plan for property located at 7
Hampton Road, Section 17-29-16 (M&B 13/03 & 13/041) as Residential/Office Limited,
(Sorota or Florida land Trust) LUP 02-02-02.
The Mayor presented Ordinance #6968-02 for second reading and read it by title
only. Commissioner Hamilton moved to pass and adopt Ordinance #6968-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote 'was:
"Ayes": Gray, HamHton, Jonson, Hibbard, and Aungst.
"Nays": None.'
ITEM #25 - Ordinance #6969-02 Amend the Zoning Atlas for property located at ,7'
Hampton Road, Section 17-29-16 (M&B 13/03 & 13/041) as office, (Sorota or Florida
land Trust) LUZ 02-02-02. '
The Mayor presented Ordinance #6969-02 for second reading and read it by title
only. Commissioner Jonson moved to pass and adopt Ordinance #6969-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was: .
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
. '
"Nays": None.,
mcc06a02
14
06/06/02
.
.
.
ITEM #26 - Ordinance #6970-02 'Amend future Land Use Plan for property located at 7
Hampton Road, Section 17-29-16 (M&B 13/01) from Residential Urban to
Residential/Office Limited, (Allen or Florida land Trust) LUP 02-02-02.
The Mayor presented Ordinance #6970-02 for second reading and read it by title
only. Commissioner Gray moved to pass and adopt Ordinance #6970-02 on 'second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
ttNays": None.
, ,
ITEM #27 - Ordinance #6971-02 Amend the Zoning Atlas for property located at 7
Hampton Road, Section 17-29-16 (M&B 13/01) from Low medium Density Residential to
Office, (Allen or Florida Land Trust) LUZ 02-02-0~.
The Mayor presented Ordinance #6971-02 for second reading and read it by title
only. Commissioner Hibbard moved to pass and adopt Ordinance #6971-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:'
"Ayes"': Gray, Hamilton, Jonson" Hibbard, and Aungst.
"Nays": None. '
ITEM #28 - Ordinance #6985-02 to vacate the northerly 2 feet of the 7 foot drainage and
utility easement lying along the south property line of Lot 10, Block B, Northwood
Estates Tract "ell, (AKA 3089 Cascade Drive) (V2002-04 Hook)
. The Mayor presented Ordinance #6985-02 for second reading and read it by title
only. Commissioner Hamilton moved to pass and adopt Ordinance #6985-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
tt Nays" : None.
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06/06/02
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ITEM #29 - Ordinance #6986-02, Amending Appendix A, Schedule of Fees, Rates, and
Charges, Code of Ordinances, V. Buildings and Building Regulations (47.087), by'adding
a m'aximum fee of $1,000 for a demolition permit.
The Mayor presented Ordinance #6986-0,2 for second reading and read it by title
only. Commissioner Jonson moved to pass and adopt Ordinance #6986-02 on second
and final reading. The motion was duly seconde.d and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM #30 - Ordinance #6987-02, relating to Chapter 51, Flood Damage Prevention,
amending Section 51.03 Definitions, redefining Substantial Improvement, applicable tQ
any property located in an area of special' flood hazard in the city.
The Mayor presented Ordinance #6987-02 for second reading and read,it by title
'only. Commissioner Gray moved to pass and adopt Ordinance #6987-02 on second 'and
final reading. The motion was duly seconded and upon roll call; the vote was:
"Ayes" : Gray, Hamilton, Jonson, Hibbard, and Aungst.
., Nays ": None.
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ITEM #31 - Ordinance #6988-02 to vacate the westerly 1.2 feet of the 10 foot drainage
and' utility easement lying along the east property line of Lot 4, Block C, Northwood
Estates Tract "F', (AKA Sweetgum Way) {V2002-05 Ryder} .
The Mayor, presented Ordinance #6988-02 for second reading and read it by title
only.' C~mmissioner Hibbard moved to pass and adopt Ordinance #6988-02 on secon,d
and final reading., 'The motion was dulV seconded and upon roll call, the vote was: .
, "
"Ayes": Gray,' Hamilton, Jonson, Hibbard, and Aungst.
"'NaysU: None.
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06/06/02
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ITEM #32 - Ordinance #6992-02 Amending Section 32.153, Watering Schedule, to
provide that low-volume irrigation devices shall not be restricted as to date and time of
use; providing an effective date.
The Mayor presented Ordinance #6992-02 for second reading and read it by title,
only. Commissioner Hamilton moved to pass and adopt Ordinance #6992-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
'CITY MANAGER REPORTS
CONSENT AGENDA (Items #33-41) - Approved as submitted.
ITEM #33 - Approval of Purchases per Purchasing Memorandum:
1. Purchase job, Clearwater East/West Recreation Trail including Cliff Stephens Park,
Dolphin Constructors, low bid, $269,890. PWA/Eng.
2. Purchase 79 park signage during the contract period June 7, 2002 through June 3D,
2003, Baron Sign Manufacturing, low bid, '$85,000. PR
3. Purchase contract, front loading dumpsters during the contract period June 7, 2002
through June 19, 2003, Industrial Refuse Sales, piggyback, $100,000. SW
, 4. Purchase job, Cliff Stephens Park bridge installation, All American Concrete Inc., low
bid, $55,500. PWA/Eng. ' . ,
5. Purchase two (2) playground playsets, Miracle Recreation Equipment, piggyback
installation: Crest Lake Park & Allen's Creek Playground, $91,473.94. PR
6. Purchase to replace two (2) Taro 40000 Groundsmaster riding mowers, Wesco Turf
Inc., piggyback lease purchase financing, $77,990. GSS/Fleet
ITEM #34 - Re-appoint Myron L Ahrens to a two-year term as a Trustee of the Clearwater
Firefighters' Supplemental"'rust Fund in accordance with Sec. 175.061 of the Florida
State Statutes. (FO) ,
ITEM #35 - Approve a Work Order to Tampa Bay Engineering, Inc for $225,000 to provide
engineering and architectural design services, including CEI work, for the new Clearwater
Man Fire Station 49. (FD)
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ITEM #36 . Approve an addendum to the existing license agreement with Cingular
Wireless (formerly BellSouth Mobility) to allow the placement of six additional antennas on
the radio tower in Countryside (McMullen.Booth Road and SRSSO) and one 10tx12'
building at the bilse of the tower increasing rent by $25,000 per year for a total of
$50,268 per year. (SWIGS)
ITEM #37 . Approve Change Order No.2 to Contract No. 00.0029-UT, 2000 Reclaimed
Utility Improvements, with A, & L Underground, Inc., for an increase in the amount of
$1 ,022,850 for a new total of $5,531,103. (PW)
ITEM #38 - Approve the final plat for tlCVS - Gulf to Bay. Clearwaterlt located in the
northeast corner of Belcher and Gulf-to-Bay Boulevard. (PW)
ITEM #39 . Submerged Lands Easement - Rocca A and Donna L Rao (CA)
ITEM #40 - Submerged Lands Easement - William A Day, Trustee (CA)
ITEM #41 - Municipal Code Enforcement Board - one (1) vacancy (eLK) (to be continued)
Commissioner Hamilton 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.
OTHER ITEMS ON CITY MANAGER,REPORT
ITEM #42 - Adopt Resolution #02-26 authorizing the receipt and execution of the
Interlocal Agreement with Pinellas County, for reimbursement of replacing navigational
signs. (MR)
PineUas County has agreed to enter into an interlocal agreement with the City of
Clearwater to pay for the replacement of faded or damaged waterway signs. We have
determined that sixty-seven of our signs need replacement. The agreement provides for
reimbursement of three hundred dollars per sign, including labor and installation, up to
twenty-four thousand dollars, per year for two years beginning October 1, 2002 and
ending September 30, 2004. We have estimated the annual replacement cost for
materials and labor to be Ten thousand five hundred ninety-six dollars and sixty-seven
: cents ($10,596.67). The c<?unty will allow us to bill them for the installation and labor,
which will be done by city employees.
The donated funds will come from county boat registration fees. We will first have
to pay 'for the signs out of the Marine waterway maintenance fund, then bill the county
and be reimbursed.
Commissioner Hamilton mov~d to authorize ~he receipt of the lnterlocal Agreement
with Pinellas CO,unty for reimbursement of replacing navigational signs and the appropriate
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06/06/02
CITY ATTORNEY REPORTS
. officials be authorized to execute same. The motion was dl:lly seconded and carried
unanimously.
The City Attorney presented Resolution #02-26 and read it ~y title only. ,
Commissioner Jonson moved to pass and adopt Resolution #02-26 and authorize the
appropriate' officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
U Ayes ": Gray, Hamilton, Jonson, Hibbard, and Aungst.
UNays": None.
ITEM #43 - Other Pendin~ Matters - None.
ITEM #44 - Other City Attorney Items
The City Attorney requested an attorney/cl,ient session be scheduled. Consensus
was to schedu,le the session at 8:30 a.m. on June 17, 2002.
ITEM #45 - City Manager Verbal Reports
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Assistant City Manager Garry Brumback requested an executive session be
scheduled regarding union negotiations. Consensus was to schedule the session for 4:30
p.m. on June 20, 2002.
The City Manager complimented staff for their role at the Transforming Local
Government conference in Tucson', Arizona. Said the conference held in Clearwater 2
years ago set the standard by which all other conferences are gauged. Gary Johnson and
Nate McAbee presented Goal Buster program - excellen~ job.
ITEM #46 - Commission Discussion Items - None.
ITEM #47 - Other Commission Action
, Commissioner Hibbard attended Head Start graduation this week. He said it was a
great program; parents and teach,ers should be proud of their accomplishments. ' He
'reminded everyone that kids are ,out of school and to ~e careful in neighborhoods. The
Library groundbreaking is tomorrow. He requested everyo~e contribute to ,the significantly
low blood supply. '
.
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06/06/02
Commissioner Jonson attended a Chamber of Commerce Central Committee
meeting and was pleased with the presentation by Westfield Shoppingtown. He is unable
to attend tomorrow's library groundbreaking, as he is attending a Florida League of Cities
Legislative Workshop. He congratulated the Mayor's son for graduation from Countryside
High School. He wished his wife happy anniversary in commemoration of his first date
with her.
. Commissioner Gray attended Pinellas Assembly and complimented Mr. Horne and
Mr. Stone for doing so well with their group. She thanked Commissioner Hamilton for
representing the City. She reminded everyone that the Library demolition and
groundbreaking is tomorrow. She encouraged everyone to continue to support the Library
capital campaign. She said many advisory board positions available. Interested parties
should contact the City Clerk Department. She appreciated the Visioning Session and felt
it set a new bar for the Commission to achieve. She congratulated her daughter, Allison,
for graduating to middle school.
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Commissioner Hamilton encouraged blood donations as new regulations prohibit
those who travel to Europe from donating~ He congratulated his nephew who graduated
from Clearwater High and all other graduates at all levels.
Mayor Aungst distributed an article from the Tampa Tribune that suggests that
growth limits will hurt the Bay Area. He requested staff contact the St. Petersburg Times
regarding adding water restrictions for Clearwater in their related articles. He attended the
Clearwater Central Catholic High School banquet. He congratulated the Marauders on
their win.' He wished students and parents well on their trip to Nagano. He said the
Library groundbreaking is tomorrow. He said the Mayor's council has changed. It will
meet 6 times/year as mayors only - in order to present a- more unified voice and get the
,County's attention. Candidate screenings by the Mayor's Council will be scheduled. He
congratulated his son for graduating from high school. He thanked parents of Countryside
High School who did terri~ic job keeping kids busy and out of trouble.
Commissioner Hibbard said on behalf of the entire Commission, he wished to send
condolences to former Mayor Rita Garvey for the loss of her husband, Tim.
ITEM #48 - Adiournment
The meeting adjourned at 9:08 p.m.
Mayor-Commissi
City of Clearwa
06/06/02
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