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06/20/2002CITY COMMISSION MEETING CITY OF CLEARWATER June 20, 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 Ralph Stone Assistant City Manager – arrived 6:49 p.m. Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:05 p.m. at City Hall. The invocation was offered by Reverend Fred Ball of Skycrest United Methodist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 – Service Awards – None. ITEM #4 – Introductions and Awards a) Award to Fire Chief Herald Fire Chief Rowland Herald was presented an award for completion of the National Fire Academy Executive Fire Official Program A Certificate was presented to Commissioner Jonson for completion of the Florida League of Cities Advanced Institute for Elected Municipal Officials. ITEM #5 – Presentations a) Proclamations - Parks & Recreation Month – July 2002 b) Homeownership Month - June 2002 ITEM #6 - Approval of Minutes Commissioner Hamilton moved to approve the minutes of the regular meeting of June 6, 2002, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda John Wiser requested the City invest more in Countryside. A list of City efforts in Countryside was distributed. Duke Tiemann, representing the South Clearwater Citizens for Progressive Action, expressed concern Police Department funding not be capped. PUBLIC HEARINGS ITEM #8 - Public Hearing - Approval of the City of Clearwater's Fiscal Year 2002-2003 Consolidated Action Plan to carry forward the goals and objectives set forth in the five year Consolidated Plan created in 2000 as required by HUD. ED The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement funding prepare a comprehensive five year consolidated plan which evaluates the needs of the community and sets forth strategies to address those needs. This consolidated plan was completed and approved by the City Commission and HUD in 2000. In addition, the City is required to create and implement an annual statement identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with Clearwater’s housing, community and economic development budget and proposed expenditures based on the entitlement funds that the City will receive. Funds are to be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing, and expand economic opportunities for very low to moderate income households. This year’s Action Plan allocates federal and state funds to provide housing opportunities to low to moderate households for new and existing homes, homebuyer education, construction and/or renovation of public facilities, and to fund programs which assist the homeless, single parent households, the elderly, the physically challenged and children. In Fiscal Year 2002-2003, the City is due to receive federal funds in the amount of $1,027,000 through the Community Development Block Grant (CDBG), $511,000 through the HOME Investment Partnership Program, and $889,505 from the State of Florida through the State Housing Initiatives Partnership (SHIP) Program. Funds provided through the HOME and SHIP Programs are limited to housing activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, demolition, and administration. Additional funding for FY2002-2003 budget will come from program income and reprogrammed funds. Each year, the City may allocate up to 15% of its CDBG budget for Public Services. The City is permitted to go above the 15% if a public service activity takes place in one of the City’s two Neighborhood Revitalization Strategy Areas. Under this category, agencies competed for approximately $200,000. The City’s Housing Division received requests for public service funding in excess of $400,000. A Technical Review Committee comprised of professionals in the social service community and the Neighborhood and Affordable Housing Advisory Board (NAHAB) reviewed the applications, scored them and set forth a strategy to maximize Public Service applicants to receive a portion of allocated Public Service Funds. A total of nineteen (19) agencies will be receiving funding. Only four (4) agencies that applied for Public Facility funding were not funded due to their ranking and not enough funding. If additional funds become available during the fiscal year the City will contact those four agencies to see if they are still interested in receiving funding. If they are still interested, we will request the City Commission authorize funding for those agencies. This year’s scoring system incorporated the following: In January, City Staff advertised funding availability. In February Staff conducted a workshop for interested applicants. The applicants were given thirty days to complete their applications and return them to the City in mid March. Applicants were given an opportunity to speak to the TRC and NAHAB regarding their programs on the day of the bus tour. City of Clearwater staff reviewed each application to ensure it met HUD’s baseline requirements. This step is performed on a “pass/fail” basis. All applicants passed this step for FY2002-2003 applications. Applications were distributed to the TRC and NAHAB members. The TRC reviewed the applications on the basis of the technical merits of the application and the NAHAB scored based on their knowledge of the organization and its impact on the community. The weight of the TRC and NAHAB scores was 70% for NAHAB and 30% for TRC. The NAHAB adopted a sliding-scale for the Public Service applicants that allowed the top two scorers to receive 60% of their request, the second two received 50% of their request, and others received 40% of their request. This allowed all Public Service applicants to receive funding rather than some agencies not receiving any funding. Commissioner Hamilton moved to approve the City of Clearwater’s Fiscal Year 2002-2003 Consolidated Action Plan to carry forward the goals and objectives set forth in the five year Consolidated Plan created in 2000 as required by HUD. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing (second) – Approve Stipulation for Entry of Final Judgment in The Laura Nall Connelly Trust v. City of Clearwater, Case No. 01-002523-CI-15. CA The Laura Nall Connoly 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 Stipulation for Entry of Final Judgment in The Laura Nall Connelly Trust v. City of Clearwater, Case No. 01-002523-CI-15. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading Ordinance #6997-02 – Amending Community Development Code - Sections 3-1802, 3-1803, 3-1805, 3-1806, 3-1805, 3-1806, 3-1807 & 8-102 re temporary signs, changeable copy signs and use of comprehensive sign program in the Downtown & Tourist Districts. PLD In a pending lawsuit filed in federal court, Granite State Outdoor Advertising Co. v. City of Clearwater, et al., allegations have been made that City officials have “unfettered” discretion in connection with the review and approval of signs. The City believes that the Community Development Code and the provisions contained in Article 3, including the purposes set forth in Section 3-1802, remove the review and approval process from being one of “unfettered” discretion. However, the City believes that it would be in the public interest to clarify the standards for review and approval of certain sign types and to clarify the allowance of certain sign types without development review. Also, the City desires to provide additional flexibility criteria for certain signs in the Tourist and Downtown Districts and to provide additional consistency criteria. Ordinance #6997-02 proposes amendments to the sign City’s sign regulations: 1) Reorganize the location of provisions which allow certain signs such as governmental and public purpose signs, special event signs, signs on publicly owned land and easements and sandwich board signs; 2) Identify more specifically the criteria to be used in determining whether or not to approve certain temporary signs and changeable copy signs on public property; 3) Provide a definition for public purpose signs; and 4) Permit properties to be eligible to apply for the Comprehensive Sign Program in the Downtown and Tourist zoning district. Louann Love, representing the developer of the Publix parcel on Ft. Harrison Avenue, said the grocery store will require a taller sign. She requested permitting a 6-foot high sign on top of a 2-foot monument, for a maximum of 8 feet. Long Range Planning Manager Gina Clayton recommended signs be no taller than 6 feet. It was stated vehicular traffic does not move quickly past this site. In response to a question, Ms. Love said signage above the three stores east of Publix will not be visible from the street. In addition to Publix, eight other stores are planned. She expressed concern landscaping will block the view of the lower portion of the sign. In response to a question, Ms. Love anticipated the shopping center will attract nearby residents and those driving to the hospital or nearby doctor offices. She said her client had promised Publix an 8-foot sign when the lease was negotiated under the old Code. In response to a question, Ms. Clayton reported the CDB (Community Development Board) had unanimously recommended approval of the proposed language. Staff will assist the applicant in choosing suitable landscaping materials. Commissioner Gray moved to approve text amendments to the Community Development Code regarding temporary signs, changeable copy signs and use of comprehensive sign programs in the Downtown and Tourist Districts. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6997-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6997-02 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 #6998-02 – Amending Community Development Code - Sections 4-202, 4-207, 4-302, 4-404, 4-501, 4-504 & 4-505 re development review procedures and appeals. PLD Article 4 of the Community Development Code provides for development review and other procedures, including the review of decisions involving sign permits. In a recent lawsuit, Granite State Outdoor Advertising Co. v. City of Clearwater, et al., a Georgia Corporation alleged that the Code’s review procedures involve an unconstitutional “prior restraint” on free speech. The City disagrees with that position; however, believes that it would be in the public interest to clarify the review procedures for the benefit of the development community. Ordinance No. 6998-02 proposes to make the following amendments to Article 4: 1) Clarify that when an application for development approval is determined to be legally insufficient by the City, this decision can be appealed; 2) Create a new section which specifies that an annual review schedule must be established for flexible standard and flexible development applications which comply with the review time frames established by the Code. Since adoption of the 1999 Code, the Planning Department has reviewed projects according to a published annual schedule; 3) Clarify that the time frame for reviewing standard and flexible standard development applications are based on working days and that such applications can be denied in addition to being approved or approved with conditions; 4) Specify that the Community Development Board must conduct a public hearing with a certain time frame once an applicant is legally sufficient and render a decision within seventy (70) days of the hearing unless the Board and applicant agree to extend the time frame; 5) Clarify that if an administrative official or the Community Development Board does not act within the time frames established by the Code, this inaction can be appealed; and 6) Clarify time frame for scheduling appeal hearings before the Community Development Board and a Hearing Officer and require decisions to be made within a certain time period. Ms. Clayton reported a typographical error on page 5; “Council” should read “Commission.” Commissioner Hamilton moved to approve text amendments to the Community Development Code regarding development review procedures and appeals. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6998-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6998-02 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. ITEM #12 - Public Hearing - Declare as surplus a portion of the Northeast 1/4 of Section 7, Township 29 South, Range 16 East and adopt Resolution 02-31 authorizing conveyance to Pinellas County, a political subdivision of the State of Florida, a perpetual easement as more specifically described in EXHIBIT "A" appended thereto, for the purposes of ingress, egress, construction, installation and maintenance of a 42-inch water main. PW FDOT (Florida Department of Transportation) is preparing plans to reconstruct and widen U. S. Highway 19, a/k/a State Road 55, from south of Coachman Road to north of Sunset Point Road. The FDOT project requires, in addition to other utility relocations, that Pinellas County (“County”) remove portions of its 42-inch pre-stressed concrete water main from within existing U. S. 19 right-of-way, and relocate those portions beyond the limits of planned improvements. The County is applying to the City for a grant of easement across and within a portion of City-owned lands that lie adjacent on the west to U. S. 19 to facilitate rerouting effected segments of its water main. The proposed easement extends for approximately 544 feet and contains approximately 10,890 square feet (0.25 Acre), and would be given subject to easement rights the City conveyed to FDOT in May 2001 over a portion of the same easement area. County staff has agreed to pay the City’s costs to redesign plans for relocating certain City utility service connections and a hydrant feed line that will be impacted by constructing the water line within the easement. The easement grant will be given in perpetuity, subject to revocation by mutual agreement of the City and the County, or in the event the County abandons its use. No above ground structures will be permitted within the easement area, and the City will retain all other rights of ownership not in conflict with the rights granted to both FDOT and the County. The US 19 widening project is believed to serve a valid public purpose. Declaring the subject parcel surplus and granting easement therein to the County complies with Section 2.01(d)(5)(iii) of the City Charter that authorizes the transfer of surplus property to another governmental entity for less than appraised value after an advertised public hearing has been held, and a finding by the commission of a valid public purpose for the transfer. Commissioner Gray moved to declare as surplus a portion of the Northeast ¼ of Section 7, Township 29 South, Range 16 East and authorize conveyance to Pinellas County, a political subdivision of the State of Florida, a perpetual easement as more specifically described in EXHIBIT “A” appended thereto, for the purposes of ingress, egress, construction, installation and maintenance of a 42-inch water main and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-31 and read it by title only. Commissioner Hibbard moved to pass and adopt Resolution #02-31 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 #13 - (Cont. from 6/6/02) - 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 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. PLD 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: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. The PPC (Pinellas Planning Council) and Pinellas County 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: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The potential range of uses and the specific proposed use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) 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. This item was continued from the 6/6/02 meeting to allow the applicant to consider a reduction in the units per acre being requested. Ms Clayton said the applicant has amended the requested Land Use Plan designation from Residential Urban (RU) (7.5 units per acre) to Residential Low (RL) (5 units per acre). This would increase on-site density by 44 units over the 23 acres. The development would result in an additional 51 peak daily traffic trips, an increase of less than 1%. The development will not further degrade the Level of Service on US 19N. Nearby roads needing improvement will be identified during site plan review. Gerry Figurski, representative for 9 families, and three other people spoke in opposition to the Land Use Plan Amendment. Harry Cline, representative for the applicant, said the request meets City standards and is a reasonable property rights request. He felt the City Commission had indicated at the last commission meeting support for 5 units per acre. In response to a question, Ms. Clayton said the proposed townhome development would increase traffic by 2 peak trips. It was felt the request for 5 units per acre is a reasonable compromise with the previous request. Townhomes will impact the environment less than single family home development. Annexing the property will require hookup to the City’s sewer system, instead of using septic tanks, which pollute. It was stated while it would be preferable for the property to remain in its natural state, rules and processes evolve in densely populated areas. An opinion was expressed that no changes in the past 20 years support this change of zoning. Concern was expressed the car dealership’s required buffering has not been enforced. It was stated throughout the City, townhome and single-family residential properties abut, without adversely impacting property values. It was indicated the City will have input regarding necessary upgrades to nearby roads. Commissioner Gray moved to approve the Annexation, Land Use Plan Amendment from County Residential Suburban (RS) and Preservation (P) to City Residential Low (RL) and Preservation (P) and Zoning Atlas Amendment from County Zoning Rural Residential (R-R) to City Low Medium Density Residential (LMDR) and Preservation (P) of properties located at 2301 Chautauqua Avenue (consisting of Metes and Bounds 24/03, 24/04, 31/01 and Lot 4, Block 38 Unit No. 1 – Section A Chautauqua “On the Lake” in Section 16, Township 29 South, Range 16 East). The motion was duly seconded. Commissioners Gray, Hamilton, and Hibbard voted “Aye.” Commissioner Jonson and Mayor Aungst voted “Nay.” Motion carried. The City Attorney presented Ordinance #6977-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6977-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, and Hibbard. "Nays": Jonson and Aungst. Motion carried. The City Attorney presented Ordinance #6978-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6978-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, and Hibbard. "Nays": Jonson and Aungst. Motion carried. The City Attorney presented Ordinance #6979-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6979-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, and Hibbard. "Nays": Jonson and Aungst. Motion carried. Public Hearing - Second Reading Ordinances ITEM #14 - Ord #6972-02 - Land Use Plan Amendment from Commercial General to Residential High consisting of property at 2551 Harn Boulevard. (Long Bow Corporation; James G and Anastasia S Nichols) LUZ 02-02-01 AND ITEM #15 - Ord #6973-02 - 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 Commissioner Hamilton moved to continue Items #14 and #15 to a date uncertain. The motion was duly seconded and carried unanimously. ITEM #16 - Ord #6974-02 - Annexation for 25633 US Highway 19 N (Section 32-28-16) (Lawrence H Dimmitt, III) ANX 02-02-03 The City Attorney presented Ordinance #6974-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6974-02 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 - Ord #6975-02 - Land Use Plan Amendment to Residential/Office/Retail for 25633 US Highway 19 N (Section 32-28-16) (Lawrence H Dimmitt, III) ANX 02-02-03 The City Attorney presented Ordinance #6975-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6975-02 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 - Ord #6976-02 - Zoning Atlas Amendment to Commercial for 25633 US Highway 19 N (Section 32-28-16) (Lawrence H Dimmitt, III) ANX 02-02-03 The City Attorney presented Ordinance #6976-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #6976-02 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 - Ord #6977-02 - Annexation 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 Commissioner Hamilton moved to continue Item #19 to July 18, 2002. The motion was duly seconded and carried unanimously. ITEM #20 - Ord # 6978-02 - Land Use Plan Amendment from County Residential Suburban and Preservation to City Residential Urban 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 AND ITEM #21 - Ord #6979-02 - 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 Commissioner Jonson moved to continue Items #20 and #21 indefinitely. The motion was duly seconded and carried unanimously. ITEM #22 - Ord #6989-02 - Annexation for 1931 E Skyline Avenue (Lot 36, Skyline Groves Subdivision in Section 06-29S-16E) (Lois Conley) ANX 02-03-05 The City Attorney presented Ordinance #6989-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6989-02 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 - Ord #6990-02 - Land Use Plan from County Residential Low to City Residential Low for 1931 E Skyline Avenue (Lot 36, Skyline Groves Subdivision in Section 06-29S-16E) (Lois Conley) ANX 02-03-05 The City Attorney presented Ordinance #6990-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6990-02 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 - Ord #6991-02 - 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 The City Attorney presented Ordinance #6991-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6991-02 as amended 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 #25 - 38) - Approved as submitted, less Item #34. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. ITEM #25 - Approval of Purchases per Purchasing Memorandum: 1) Purchase labor and materials for concrete and related work with Increations, Treasure Island, Florida, during the contact period: August 1, 2002 through July 31, 2003 for $225,000. ITEM #26 - Award a contract to Pierce Manufacture Inc. of Appleton, WI for the purchase of a 2002 Pierce Enforcer engine in the amount of $304,562, net a trade-in allowance of $137,500, for a net allocation of $167,062. FR ITEM #27 - Award a contract to Pierce Manufacture Inc. of Appleton, WI in the amount of $879,010.72 for the purchase of One (1) new 2003 "SkyArm" Aerial Apparatus in accordance with sec. 2.564 - (1) (d), Lake County bid #99-150. FR ITEM #28 - Authorize the City to hire Deborah Crumbley, Esq. of Thompson, Sizemore and Gonzales to assist the City in contract negotiations with the International Association of Fire Fighters (IAFF) and Communications Workers of America (CWA). HR ITEM #29 - Approve amended Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies, correcting scrivener's errors in legal description and definition of "Community Sports Complex". PR ITEM #30 - Approve Addendum I to the Conceptual Approval Agreement between the Florida Communities Trust and the City of Clearwater for the Kapok Wetland and Floodplain Restoration Project. PW ITEM #31 - Approve a Contract for the Reservoir No. 1 Reverse Osmosis Water Treatment Plant (Contract No. 00-0049-UT) to Westra Construction Corporation of Palmetto, Florida in the amount of $2,769,033, which is the lowest responsive bid received in accordance with plans and specifications, and approve the McKim & Creed, P.A. Work Order in the amount of $292,100 for construction engineering services for the Reservoir No. 1 Reverse Osmosis Water Treatment Plant. PW ITEM #32 - Approve award of the East Advanced Pollution Control Facility Motor Control Upgrades (01-0057-UT) to Leedy Electric Corporation of Mulberry, FL in the amount of $339,716, which is the lowest responsible bid received in accordance with the plans and specifications. PW ITEM #33 - Approve the final plat for "CLEARWATER MALL" located at the southeast corner of US 19 and SR 60. PW ITEM #34 – See page 13. ITEM #35 - Award a contract for the Beach Pump Station Improvement Phase II (Pump Stations 20 & 35 Refurbishment Contract #99-0074-UT) to Westra Construction Corp. of Palmetto, Florida in the amount of $725,735, which is the lowest responsible bid received in accordance with plans and specification. PW ITEM #36 - Award a contract for the Beach Pump Station Improvements Phase III (Pump Stations #11, #14, & #45, Contract Number 02-0001-UT) to Westra Construction Corp. of Palmetto, Florida in the amount of $959,546, which is the lowest responsible bid received in accordance with plans and specifications. PW ITEM #37 - Authorize an increase of $40,000 to the monetary limit on the contract with the firm of John Fernandez for outside counsel services related to representation in Crouch v. City of Clearwater, et al., Case No. 93-2860-CI-21, including any interlocutory appeal proceedings. CA ITEM #38 - Appoint Jim Appelt to the Long Center Board of Directors. CLK Commissioner Jonson moved to approve the Consent Agenda as submitted, less Item #34, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #34 - Authorize staff to solicit bids for demolition of the fountain at the Entryway to Clearwater Beach. PW At the October 1, 2001 Work Session staff presented various options for the fountain area of the roundabout. Commission comments were received, and the consensus was to consider these comments and review the submittals for the Clearwater Beach Association design contest, with further discussion to occur following completion of the geometric improvements and the 2002 Spring Break. Most comments reflected the need to reduce potable water consumption, reduce maintenance costs, eliminate the canyon-like effect on motorists, maintain some sort of water feature, and prohibit pedestrian access. Based on these comments, at this time staff is recommending that the above ground portion of the fountain be removed and temporarily replaced with sod and a pedestrian barrier. The underground piping would remain for possible future use with a different water feature. The permanent design for this entire area should be determined through a public art evaluation process. The estimated cost for demolition and sodding is $150,000 to $175,000. The time frame to advertise and receive bids would result in a contract award in September, with demolition taking less than 30 days. In response to a question, City Engineer Mike Quillen said it would be easier and less expensive to demolish the entire fountain and rebuild than try to salvage portions of the current structure. This request is to authorize a bid. Two people spoke in opposition to demolition of the fountain. One person said drivers need to use their signals. It was indicated the City had discussed this project for more than a year. Public Hearings will be held before a final decision is made regarding a replacement for the fountain. It was stated the fountain does not work and is unattractive. Citizen input was encouraged regarding a feature for the center of the roundabout. It was stated the redesigned center will include a water feature. Concern was expressed pedestrians be discouraged from crossing roundabout traffic and accessing the sodded center. Funds remaining in the original budget will be used for this project. Commissioner Hibbard moved to authorize staff to solicit bids for demolition of the fountain at the Entryway to Clearwater Beach. The motion was duly seconded and carried unanimously. The Commission recessed from 8:07 to 8:22 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #39 - Mid Year Budget Amendments: The mid-year report is based on six months of activity in this fiscal year from October 2001 through March 2002. General Fund expenditure amendments reflect a net increase of $210,540 at mid year. This increase reflects anticipated increases in General Fund revenues totaling $50,640 and allocations of retained earnings totaling $159,900 to provide funding for projects: a) $141,100 - demolition of Cabana Club - established by the City Commission in May 2002; b) $40,000 - outside Legal counsel services - approved by Commission in March 2002; and 3) $20,000 - painting Parks Beautification Complex - approved by Commission in February 2002. These items, netted with the return of funds from closed capital projects, result in the net allocation of $159,900 from retained earnings. To ensure adequate General Fund Reserves, the Commission’s policy requires maintaining General Fund unappropriated retained earnings at a rate of 8% of City budgeted General Fund expenditures as a reserve to guard against future emergencies. Estimated General Fund reserves at mid-year are approximately $11 million, or 12.5% of the current year’s General Fund budget, exceeding our reserve policy by just over $4 million. Significant amendments to other City Operating Funds are: 1) Water and Sewer Fund - amendment recognizes the allocation of $585,000 of retained earnings of the Water and Sewer Fund to fund the debt service requirements of the 2002 revenue bonds for the current year. This cost was identified in the Water and Sewer rate study; 2) Stormwater Fund - amendment recognizes increase in budgeted expenditures of $148,000 to fund debt service requirements of 2002 revenue bonds. This cost was identified in the Stormwater rate study and sufficient revenues are available in the current year to offset this expenditure; 3) Gas Fund - as a result of the relatively mild winter, mid-year amendments to the Gas Fund recognize a small reduction in anticipated revenues of approximately $251,000. In addition, budgeted expenditures are reduced in a similar amount to allow for this reduction in receipts; 4) Solid Waste Fund - revenues reflect strong revenue position at mid-year. Amendments include increases in commercial revenues, cash pool interest earnings, increases in rentals, and sales of compactors. Amendments to expenditures include increased dump fees and small operating amendments. The increase in revenues more than offsets any increase in operating expenditures; 5) Recycling Fund - amendments primarily reflect decreases in anticipated sales of recyclables in the amount of approximately $105,000. Expenditure amendments to recognize savings in personnel costs, supplies, and inventory purchases are provided to offset this anticipated reduction in revenues; 6) Parking Fund - mid-year amendments reflect allocation of $219,200 from the unappropriated retained earnings of the Parking Fund: $185,200 is provided to the Capital Improvement project for the Beach Parking Garages to reimburse the project for expenditures on preliminary design and feasibility work. The Commission approved this action on March 7, 2002. The balance of $34,000 will reimburse the General Fund for the cost of Police Aides to staff the beach cashier lots for the balance of the fiscal year; 7) Administrative Services Fund - amendment reflects transfer of $95,000 of unappropriated retained earnings to the Capital Improvement program to provide a security system at MSB (Municipal Services Building) and City Hall. The Commission approved this action on March 21, 2002; 8) Capital Improvement Fund - amendments total net increase of $17,126,574. The Commission previously has approved almost all capital improvement project budget increases. The most significant amendment recognizes the $15.5 million bond revenue approved by the Commission in September 2001 for the Community Sports Complex. The only significant amendment not previously approved by the Commission is the allocation of $90,000 of debt savings in the Development Services operating budget to the Tidemark project to fund the second phase of this project, allowing for the remote connectivity for Code Inspectors working in the field; and 9) Special Program Fund - amendments total a net increase of $882,894. The most significant amendments include recognition of revenues for Police outside duty services totaling almost $187,000; revenues collected from special events totaling over $299,000; and the establishment of a project to recognize the Peter E. Field Shelter Trust Fund benefiting the Clearwater Main Library in the amount of $115,571. Commissioner Gray moved to approve mid-year budget amendments for FY (fiscal year) 2001/02. The motion was duly seconded and carried unanimously. a) First Reading Ord #6995-02 – Operating Budget. The City Attorney presented Ordinance #6995-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6995-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. b) First Reading Ord #6996-02 – Capital Improvement Program. BU The City Attorney presented Ordinance #6996-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6996-02 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 #40 - Adopt Resolution 02-37, which endorses Brownfields Redevelopment Bonus Refund application for Publix Super Markets, Inc., and commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida. ED The Florida Legislature created Florida Statute, Section 288.107 Brownfields Redevelopment Bonus as part of the qualified target industry tax refund (QTI) Florida Statute Section 288.106 to encourage Brownfields redevelopment and job creation. If approved for the Brownfields Redevelopment Bonus Refund, the applicant will receive a per job award equaling 20% of the average annual wage of new jobs they create, not to exceed $2,500 per job. No more than 25% of the total refund approved may be taken in any single fiscal year. Eligible businesses include mixed-use business activities such as multiunit housing, commercial, retail and industrial. Publix Super Markets, Inc’s application to Enterprise Florida for the new 27,600 square foot grocery store at 619 South Fort Harrison Avenue is requesting local support for eighty (80) new jobs in the City’s State Brownfields designation. The City’s legislative delegation was recognized for their hard work regarding this issue. Commissioner Jonson moved to endorse the Brownfields Redevelopment Bonus Refund application for Publix Super Markets, Inc., and commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-37 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-37 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 #41 - Pass on first reading Ordinance 6931-02 authorizing additional Stormwater System Revenue Bonds, to be issued in one or more series to fund the system capital improvements, and amending Ordinance 3678-99. FN A Stormwater rate study has been completed which proposed increasing the Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) effective January 1, 2002, to $7.16 per ERU effective October 1, 2002, to $8.01 per ERU effective October 1, 2003, to $8.65 per ERU effective October 1, 2004, and to $9.35 per ERU effective October 1, 2005. The City Commission approved these rate increases which are sufficient to provide for operations, capital projects, and debt service on bonds issued during this time period. The rate study identified a need for approximately $72.4 million in capital projects, with bonds to be issued in 2002 for projects costing approximately $22,687,000, in 2004 of approximately $22,226,000 and in 2006 of approximately $7,979,000 to fund a portion of the needed capital improvements. Following is a list of $22,687,000 million in projects anticipated to be financed from the 2002 bond issue: Town Lake $ 2,528,300 Kapok Flood Resolution 12,538,080 Myrtle Avenue Drainage Improvements 255,000 Sharkey Road Drainage Improvements 900,000 Stevenson’s Creek Implementation Projects 3,255,000 Tropic Hills Drainage Improvements 550,000 FDEP Compliance 968,000 Storm Pipe System Improvements 1,692,620 Total $ 22,687,000 The amendment to the previous ordinances relates to the process to be followed when issuing additional bonds and revises other covenants and agreements related to the bonds. A sale resolution will be brought forward for Commission adoption at a subsequent date detailing the specifics of the sale. Commissioner Hamilton moved to authorize additional Stormwater System Revenue Bonds, to be issued in one or more series to fund the system capital improvements, and amending ordinance 3678-99, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6931-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6931-02 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 #42 - Adopt Resolution 02-30 providing for the sale of not to exceed $60 million Water and Sewer Revenue Bonds, Series 2002. FN A Water and Sewer rate study was completed which proposed a 7% increase in water and sewer rates effective July 1, 2001, April 1, 2002, January 1, 2003, October 1, 2003, and October 1, 2004. The City Commission approved these rate increases which are sufficient to provide for operations, capital projects, and debt service on bonds issued during this time period. This rate study identified a need for approximately $137.3 million in capital projects, with bonds to be issued in 2002 of approximately $53,776,000 and in 2004 of approximately $35,657,000 and with interim financing of $23,239,000 in 2005 in anticipation of a $40,644,000 bond issue in 2006. Ordinance 6915-01 was adopted on November 15, 2001, which authorizes the issuance of Water and Sewer Revenue Bonds to finance these improvements. Resolution 01-07 was adopted on March 1, 2001 which provided for the City to begin work and to be reimbursed upon issuance of the bonds. Following is the list of $53,776,000 in projects to be financed from the 2002 bond issue: Amount Northeast Advanced Waste Water Treatment Carousel $ 315,600 Laboratory Building 2,198,960 Water Pollution Control Master Plan – Phase III and IV 1,700,040 Pump Station Replacement 4,560,000 Reclaimed Water 7,253,920 Northeast Improvements 7,079,020 Water Treatment Plant 6,250,000 Sewer Interceptor Lines 1,781,000 Sewer Manholes & Gravity Lines 500,000 Water Disinfection Systems 1,400,000 Water Service Lines 1,000,000 Clearwater Harbor Sewer Line Relocation (JPA) 550,000 Clearwater Harbor Force Main (Bridge) 1,440,560 Clearwater Harbor Water Transmission Main Replacement 1,848,480 Water Supply & Treatment 1,951,000 Line Relocation – Capitalized 1,709,200 Meter/Backflow Prevention Device Repair/Change-out 275,000 WPC Master Plan Phase II 1,200,000 Sanitary Sewer Renewal & Replacement 8,218,000 AWT Facilities 545,220 Sanitary Sewer Relocation 2,000,000 Total $53,776,000 This resolution authorizes the competitive sale of not to exceed $60 million of Water and Sewer Revenue Bonds, and authorizes the Finance Director and City Manager to award the sale of the bonds to the best bidder. Only the amount of bonds needed to fund the $53,776,000 construction costs will be issued. Commissioner Gray moved to provide for the sale of not to exceed $60 million Water and Sewer Revenue Bonds, Series 2002, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-30 and read it by title only. Commissioner Hibbard moved to pass and adopt Resolution #02-30 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 - Approve a State of Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement and adopt Resolution 02-36. PW The City and FDOT have determined that it is in the best interest and economic advantage of both parties to enter into a Traffic Signal Maintenance and Compensation Agreement. Proper and timely maintenance of traffic signals is important to the City for public safety reasons. This agreement is the required mechanism for City Traffic personnel to operate and maintain traffic signals on state roads within the City. FDOT has phased in their reimbursement amounts over a 5 year period, with year 5 representing 100% state reimbursement. The reimbursement will be $17,173 in FY 02/03 and will incrementally increase to $70,741 in FY 06/07. This agreement ensures the sovereign immunity of the City pursuant to Chapter 768.28, Florida Statutes. Commissioner Hamilton moved to approve a State of Florida Department of Transportation Traffic Signal Maintenance and compensation Agreement and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-36 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-36 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 #44 - Approve 20-year contract with M/A-COM Private Radio Systems, Inc. to manage and maintain the Clearwater Radio System from July 1, 2002 through September 30, 2022 with an additional 5-year extension option. SW/GS Clearwater has operated an 800 MHz radio system since 1988. Pinellas County requested to take over Clearwater’s 11 frequencies, integrate Clearwater into the County radio system and use the frequencies to serve Clearwater and the north zone of Pinellas County. The Pinellas County Radio System is a Motorola system and is not compatible with Clearwater’s current radio system. Conversion to the county system will necessitate the purchase of all new user equipment (radios, consolettes, and ancillary items) at an approximate cost of 2.7 million dollars. The statewide Law enforcement network is a M/A-COM system with which Clearwater is compatible. Pasco, Hillsborough and Manatee Counties are M/A-COM systems. Sarasota County is Motorola. Clearwater has an existing interlocal agreement for emergency support with Hillsborough County, which is a compatible system. Clearwater is able to communicate with needed units on the Pinellas County radio system by use of two existing channels. Clearwater staff did an operational and cost effectiveness analysis of three options. Option 1 was to allow the county to take over and operate the radio system. Option 2 was for Clearwater to continue operating the system as they have been doing. Option 3 was to contract with M/A-COM to manage and maintain the system under Clearwater control. Option 3 was determined to be the most cost effective and beneficial option since it costs $142,000 less over the life of the contract and Clearwater can retain it’s frequencies, use its still serviceable user equipment, avoid the initial cost of purchasing all new user equipment and continue to control the operation of the system while M/A-COM provides the management and maintenance expertise needed. Purchase of new user equipment will be determined by Clearwater on an as needed basis. Staff recommends Option 3. Funding for the current year’s portion of this contract will be provided by a third quarter amendment transferring savings in line item 566-06611-550500-519-000 to the contractual services line item code in the amount of $50,000. Funding for fiscal year 2002/03 contract costs will be included in the City Manager’s proposed operating budget for Fleet operations. Ed Armstrong, representative for Motorola, said Motorola covers most of the State. He said in 1988, the County assumed the leadership role in establishing a unified County radio system. He said the Clearwater Police Department is the only non-Motorola life safety group in the County. He said the County would spend $2-million to help fund the City’s transition to Motorola. He said the County is asking to administer the City’s frequencies, not own them. He said switching to Motorola would save the City $2-million. He said an Interlocal Agreement could be drafted if the City switches to Motorola. Pam Montanari, representative for Pinellas County, said an agreement could be drafted to use the City’s existing frequencies in the County’s north zone for use by Clearwater. The County would provide infrastructure upgrades at no cost. The City would have to provide user equipment. Future upgrades will not require equipment to be changed out. She said the County would work with the City to set up talk groups, etc., and the system offers all of the features recommended by Police Chief Sid Klein. She said the City could have a network manager in the Clearwater Police Department. She said M/A-COM may have to negotiate an agreement with the County to transmit from County equipment. In response to a question, Ms. Montanari said the County would work with the Police Department to establish Citywide talk groups, as needed. She said an exit clause in the contract would return the frequencies to Clearwater, with the City paying for related infrastructure costs. General Services and Solid Waste Director Bob Brumback said cancellation of the contract would hurt agencies integrated into City frequencies. Ms. Montanari said the City would be the only entity operating on the north zone frequencies. The City Attorney said only the Largo Police Department and Fire Department are on the system, not the City of Largo. In response to a question, Ms. Montanari said in exchange for its frequencies, the City would receive $2-million in replacement equipment for its communication center. In response to a question, the City Attorney said the agreement with M/A-COM permits the firm to use City antennae space, not the City’s frequencies. In response to a question, Mr. Brumback said the City’s current equipment does not need replacement. He said in the County’s proposed agreement, the City would have to participate in the warranty program, which is expensive. He said the County had not previously offered the City the ability to control its own talk groups. In response to a question, Ms. Montanari said St. Petersburg and New Port Richey can communicate with Hillsborough County through the mutual aid talk group. It was felt no problem with the current system exists as the City has its own frequencies and the Fire Department and Police Department have no communication problems. Mr. Brumback estimated the City has 100 talk groups. Mr. Armstrong said the City would save money if it contracts with the Motorola system. A.J. Small, representative for M/A-COM, said Clearwater has good coverage and an excellent system. He said interoperability is not an issue; however, backup is. He referenced a 1998 County letter to the Fire Department, the one City Department using Motorola, advising them of the need to plan for replacement of all user equipment. He said the County has invested $30-million in its system through Penny for Pinellas. He said City staff has been studying the issue for 20 months. He said no Clearwater users want to change systems. Concern was expressed the contract’s 20-year time period seems too long. Mr. Small said M/A-COM will invest $4-million. He said the contract’s term is necessary for the firm to recoup its investment. In response to a question, Mr. Small said it is against Federal law to include other users on the City’s system. In response to a comment, Ms. Montanari said at one time the County had required users to pay for switching out equipment. That is not the case now. It was estimated switching to Motorola would cost the City $3-million. Concern was expressed regarding the last minute changes from the County. Mr. Brumback reported M/A-COM is working on a system to allow data transmission via radio instead of cellular. This change would save cellular costs. The City Manager said the City has been exploring the issue for three years. He found it ironic that the County’s position continues to evolve. It is difficult to respond to constantly changing terms. The City has confidence in its current system. He recommended retaining it. Fire Chief Herald said the County had indicated the Fire Department needed to plan for equipment changes. He said the department has planned for the change in its CIP budget. The county has not advised him to remove that project from his budget. It was noted the State system is M/A-COM. Ms. Montanari said that system will not operate fully until October. It was felt the City’s current system of patching calls works well. Support was expressed for retaining the City’s independence. Concern was expressed the economics of the County’s proposal appears to be a moving target. It was noted the City has not budgeted the more than $2-million necessary to change to Motorola. It was recommended the agreement be amended to include a termination clause. It was stated regional and State communication is critical. Commissioner Hibbard moved to approve a twenty year contract with M/A-COM Private Radio Systems, Inc., a Delaware Corp. with general offices in Lynchburg, Va. to manage and maintain the Clearwater Radio System from July 1, 2002 through September 30, 2022 at an annual cost of $200,000 per year with an additional five year extension at the option of Clearwater, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #45 - Appointment to the Municipal Code Enforcement Board (one vacancy). CLK Commissioner Gray moved to appoint Douglas J. Williams. The motion was duly seconded and carried unanimously. ITEM #46 - Appointment of a City Commission member as voting delegate to FLC Conference August 15-17, 2002. CLK Commissioner Hamilton moved to appoint Commissioner Jonson as voting delegate to the August 2002 FLC (Florida League of Cities) Conference. The motion was duly seconded and carried unanimously. ITEM #47 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #48 - Other City Attorney Items The City Attorney requested authorization to file an appeal in the case Williamson vs. Clearwater. Consensus was to authorize. ITEM #49- City Manager Verbal Reports The City Manager apologized to Pierce 100 residents regarding noise associated with bridge construction. Staff had overlooked an exception to the noise ordinance, which allows work to continue around the clock on the State controlled project. Staff is working with the contractor to minimize discomfort. ITEM #50 - Commission Discussion Items – None. ITEM #51 - Other Commission Action Commissioner Hibbard reported two new restaurants have opened downtown. He encouraged residents to frequent downtown and the beach. Commissioner Gray suggested changes to the recently approved format for individual City Commission stationery. Consensus was to not make changes. Commissioner Jonson complimented the new downtown Thai restaurant. Commissioner Jonson stated he was embarrassed by the billboard across from the Post Office as being out of character with our community. He pointed out this is in an enclave. Under the County's negotiated agreement this billboard will be removed sometime prior to 2017. Commissioner Jonson distributed a Tampa Tribune editorial noting the importance of responsible growth management, while preserving the construction industry. Commissioner Jonson stated the 2002 School Grades were recently released. He congratulated Oak Grove, Safety Harbor and Coachman Middle Schools; Curlew Creek, North Ward, Plumb and Belleair Elementary Schools for improving their scores. “A” rated schools include Kennedy, Oak Grove, Safety harbor, Palm Harbor and Coachman. "A" rated elementary schools include Curlew Creek, Curtis Davis, McMullen Booth, North Ward and Plumb. Commissioner Hamilton expressed concern the County Commission had ignored the PPC (Pinellas Planning Council) vote opposing the realignment of Lealman Fire District borders. Consensus was to defer Commission action until staff makes a recommendation. Commissioner Hamilton said the next City Commission meeting is July 18, 2002, shortly before school is back in session. He wished all a great summer. Mayor Aungst said the top issues at this week’s Conference of Mayors were homeland security and affordable housing. ITEM #52 - Adjournment The meeting adjourned at 10:15 p.m.