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06/06/2002CITY COMMISSION MEETING CITY OF CLEARWATER June 6, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:01 p.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 Proclamation: National Garden Week June 2 – 8, 2002 ITEM #4 – Presentations a. Celebrate 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. ITEM #5 - Approval of Minutes - Regular Meeting - May 16, 2002 Member Jonson 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 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 Nall Connelly Trust v. City of Clearwater, Case No. 01-002523-Cl-15. (CA) The Laura Nall Connolly Trust initiated litigation following the denial by the City of Clearwater of its application for a comprehensive land use plan amendment from 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 Florida 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 Nall Connelly Trust v. City of Clearwater, Case #01-002523-CI-15. The motion was duly seconded and carried unanimously. ITEM #8 - Public Hearing & First Reading Ordinance#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 The subject site is 36,590 square feet in area or 0.84 acres and is currently vacant. It is located on the south side of Harn Boulevard, approximately 420 feet west of U.S. Highway 19 North. This land use plan amendment and rezoning is requested by the owners in order to develop the site with multi-family residential dwellings. The current Commercial (C) District does not permit residential uses outside of a mixed-use development. 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 is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. The proposed Residential High (RH) designation is considered a less intensive category than the current Commercial General (CG) designation. 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 application will not have an adverse impact on the natural environment. The location of the proposed Medium High Density Residential (MHDR) zoning district boundaries are logical and an appropriate classification in this area. Land zoned MHDR is located to the west and HDR zoned property is located to the north. The proposed MHDR District is an appropriate buffer to the Commercial (C) District located to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. 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 allowable density of the Residential High (RH) Future Land Use Plan category, review and approval by the Department of Community Affairs is required. 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 #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: "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: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 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 acres in area and is occupied by a single-family dwelling. The purpose of this annexation is to enable 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 designation 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. 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 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 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 was: "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. "Nays": None. 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 #10 - 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 32-28-16) (Lawrence H Dimmitt, III) ANX 02-02-03 The subject property, located on the northeast corner of US19N 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 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 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. In response to a question, Ms. Clayton reconfirmed that the nonconforming service building cannot be expanded if improvements exceed 25% 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-1) 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-of-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 was 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 was duly seconded and upon roll 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 #6976-02 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 #11 - 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 development 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 structures 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 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. 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 Realtor 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 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 find 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 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. 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 CDB (Community Development Board). In response to a question, Mr. Quillen said it would be very difficult to get a road extension to 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 FDOT 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. The meeting recessed from 8:29 to 8:40 p.m. Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #6954-02 to vacate the West 5 feet of the 10 foot drainage 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: "Ayes": 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, subject 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 only. Commissioner Jonson moved to pass and adopt Ordinance #6955-02 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 #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. "Nays": None. 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: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": 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: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #17 - Ordinance #6961-02 Annexation (& redefining boundary lines) for property located at 10 Hampton Road, Section 17-29-16 (M& B 13/05) (Caruthers) ANX 02-02-02 The Mayor presented Ordinance #6961-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6961-02 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 #18 - Ordinance # 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 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: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 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& B 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: "Ayes": 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. "Nays": None. ITEM #22 - Ordinance #6966-02 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. 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, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 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: "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, Hamilton, 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. 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. "Nays": 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 02-02-02. 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 "C", (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. "Nays": None. 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 maximum fee of $1,000 for a demolition permit. The Mayor presented Ordinance #6986-02 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 seconded 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 to 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. 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. Commissioner Hibbard moved to pass and adopt Ordinance #6988-02 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 #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 30, 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) Toro 4000D 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 Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (FD) 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 Mall Fire Station 49. (FD) 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 SR580) and one 10'x12' building at the base of the tower increasing rent by $25,000 per year for a total of $50,268 per year. (SW/GS) 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 "CVS - Gulf to Bay - Clearwater" 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 (CLK) (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) Pinellas 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 county 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 moved to authorize the receipt of the Interlocal Agreement with Pinellas County for reimbursement of replacing navigational signs and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-26 and read it by 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: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #43 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #44 - Other City Attorney Items The City Attorney requested an attorney/client session be scheduled. Consensus was to schedule the session at 8:30 a.m. on June 17, 2002. ITEM #45 - City Manager Verbal Reports 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 - excellent 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 teachers should be proud of their accomplishments. He reminded everyone that kids are out of school and to be careful in neighborhoods. The Library groundbreaking is tomorrow. He requested everyone contribute to the significantly low blood supply. 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. 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 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 terrific 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 - Adjournment The meeting adjourned at 9:08 p.m.