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01/23/2003CITY COMMISSION MEETING CITY OF CLEARWATER January 23, 2003 Present: Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Absent: Brian J. Aungst Mayor/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 Patricia O. Sullivan Board Reporter The Vice-Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner Jonson offered the invocation. The Vice-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, Awards, and Presentations a) Proclamation: Clearwater Gas System 80th Year Anniversary b) Neighborhood Awards of the Quarter Neighborhood awards were presented to the Neighborhood of the Quarter, Skycrest, and to owners of Homes of the Quarter: 1) Joe Argentine of 1541 Grove Street; 2) Ben Bryant of 1021 North Madison; 3) Mr. and Mrs. John Johnson of 1741 Parkwood Street; and 4) Frances Powell of 1261 Palmetto Street. c) Public Communications for First Place FGCA (Florida Government Communicators Award) for CIP newsletter The Vice-Mayor presented to Public Communications Director Jackii Molsick the award from the FGCA. Vice-Mayor Gray congratulated City Clerk Cyndie Goudeau on her acceptance into the first level of the International Institute of Municipal Clerks’ Master Municipal Clerk Academy. ITEM #5 - Approval of Minutes In reference to page 18, it was noted the Mayor’s appointment of Timothy Johnson, Jr. to the Charter Review Committee had been omitted. Commissioner Jonson moved to approve the minutes of the regular meeting of January 9, 2003, as amended. The motion was duly seconded and carried unanimously. ITEM #6 - Citizens to be heard re items not on the Agenda Virgina Albert said she often is disturbed at home by music and noise from Shephard’s Beach Resort from 3:00 to 11:00 p.m., and requested this problem be addressed. The City Attorney said changes to the noise ordinance are being proposed. John Doran said last Saturday he had attended the grand opening of the North Greenwood library, which is a beautiful facility. He said the nearby traffic circle works well. Sandy Britton, representing the Clearwater Beach Association, Jerry Murphy, Anne Garris, Georgia Boyce, and Myra Bassey spoke in appreciation of the Commission’s direction for staff to clarify that minimum rentals in single family zones are 30 days. PUBLIC HEARINGS ITEM #7 - Public Hearing - Declare as surplus for the purpose for offering for sale in compliance with City purchasing regulations a portion of Block H, Avondale Sub. and a portion of Block D, Norwood 1st Addition, commonly known as "Fulton Apartments" for the minimum bid amount of $925,000, subject to special conditions of the Fulton Apartments Declaration of Surplus Criteria. (PW) The City assembled the land supporting the Fulton Apartments over a number of years. The Trustees of the Internal Improvement Trust Fund conveyed title in Lots 4 through 7, Block H, Avondale Subdivision to the City for $40.00 in 1946 for non-payment of taxes. In 1966, Lots 1 through 4, Block D, Norwood 1st Addition were acquired from 3 different owners for $24,000. The City built affordable rental housing on the assembled parcels in 1970. The apartments were operated and managed by the Clearwater Housing Authority until 2000, along with its own affordable 4-unit apartment building on Lot 3, Block H, Avondale Sub. The City acquired the Housing Authority units early in 2002 for $100,000. There are a total of 19 units in the complex: 3-one bedroom apartments, 12-two bedroom units and 4-three bedroom units. The rehabilitation includes such things as: new kitchen cabinetry, new central air conditioning and heating systems, new appliances, roofing, utility services, decorative fencing and accessory features. The work is scheduled to be completed by March 2003. The cost of the rehabilitation will be approximately $800,000 and was funded by HOME Investment Partnership and SHIP (State Housing Initiatives Partnership) funds. The proposed sale price of $925,000 has been established by appraisal performed by Richard Tobias, MAI, of Valuation Services, Inc. in December 2002. Sale of the property will allow the City to recapture a majority of the invested funds to use for other affordable housing activities. A portion of the invested funds may remain in the property as a soft second mortgage, if necessary. Assistant Housing Director Howie Carroll said the project was delayed due to necessary upgrades to the undersized electrical system, pressure testing lines, and installing fire-rated doors. In response to a question, he said several non-profit agencies have the necessary experience and qualifications to manage the housing complex. Federal grants will cover interim management expenses, estimated to be approximately $5,000 for three months. Commissioner Jonson moved to declare as surplus for the purpose for offering for sale in compliance with City purchasing regulations a portion of Block H, AVONDALE SUB. and a portion of Block D, NORWOOD 1ST ADDITION, commonly known as “Fulton Apartments” for the minimum bid amount of $925,000, subject to special conditions of the Fulton Apartments Declaration of Surplus Criteria attached hereto as EXHIBIT “A”, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #8 - Public Hearing - Declare as surplus Pinellas County Parcel 16-29-15-00000-120-0600 and offer for sale in compliance with City purchasing regulations for a minimum bid amount of $187,000, subject to the successful bidder committing to initiating construction of a redevelopment project within a FAR of not less than 3.0 and of not less than 216,000 square-feet, more or less, within five years of purchase, and subject to existing lease with Arnold-Brown Properties. (PW) The subject property is an approximately 54.30 X 344 strip of land containing 18,709 square feet, more or less, fronting the south side of Drew Street between Osceola Avenue and North Ft. Harrison. The property was assembled from three owners in late 1963 and early 1964 for the total cost of $123,800. The purchases anticipated a future need for additional Drew Street right-of-way. The westerly 150 feet of the parcel was leased to Arnold-Brown Properties between 1985 and 2002, while the easterly portion was operated until recently as a metered surface parking lot. On August 20, 2002, the City entered into a new 5-year lease with Arnold-Brown Properties that includes the entire parcel. The City may terminate the lease with 60-day notice if the Commission determines the property is required for other municipal purposes. As a condition of sale, the City would require the successful bidder to join this parcel with other properties and commit to initiating a project with a FAR of not less than 3.0 and of no less than 216,000 square feet, more or less, within five years of purchase. A development of this magnitude would create a catalyst for significant additional redevelopment of this area. The subject property has been underutilized as surface parking for many years. The new library may increase parking demand, but the use of the subject property as a component of a larger redevelopment project outweighs its value as continued surface parking. A longer term parking solution other than the subject property will be required to meet parking requirements for Coachman Park, the new Library, SteinMart and Harborview. Jerry Fiala, MAI, of Appraisal Associates of Tampa Bay, Inc., performed a “highest and best use” valuation of the property on November 18, 2002. His conclusion of value was $187,000 in consideration that the parcel was most suitable for development of a small retail facility or for consolidation with adjacent parcels. In response to a question, representative Tim Johnson reviewed the property’s background and requirement to develop the property within 5 years and displayed a sketch of the proposed mixed-use development of retail and condominiums. He said the two parking lots are used primarily for private parking for the Arnold’s properties. He said the project will not remove parking from the public domain. In response to a question, the City Attorney said the same conditions would apply should a party other than Arnold-Brown purchase the property. Assistant City Manager Ralph Stone said parking spaces on the subject property are underutilized, due to its inferior location. While the City plans to address removing and replacing parking at the bottom of the bluff, this property could not serve that purpose. He said the proposed development would help spur downtown redevelopment during this flat economic market. It was stated the subject sliver of land only could be used for library staff parking. Support was expressed for consolidating the properties and encouraging downtown development. Commissioner Hamilton moved to declare as surplus Pinellas County Parcel 16-29-15-00000-120-0600 and offer for sale in compliance with City purchasing regulations for a minimum bid amount of $187,000, subject to the successful bidder committing to initiating construction of a redevelopment project with a FAR of not less than 3.0 and of not less than 216,000 square feet, more or less, within five years of purchase, and subject to existing lease with Arnold-Brown Properties, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing & First Reading Ord 7091-03 - Approve the applicant's request to vacate the 5-foot drainage and utility easement lying along the West property line of Lot E, Rolling Heights Subdivision (A.K.A. 2316 Drew Street), less the north 20 feet thereof. (V2003-01 Drew Park LLC) (PW) The applicant is seeking approval of the vacation request to redevelop Lots “C” through “K” of Rolling Heights Subdivision into a 38,440 square foot general office project. The applicant has submitted an application seeking annexation of the unincorporated Lots “C” and “D” and will combine these with Lots “E” through “K” to create a 3.97-acre development. The Planning Department has no objections to the vacation request but advises the applicant to confirm that the present zoning and land use of unincorporated Lots “C” and “D” are consistent for office use; otherwise zoning and land use amendments may be required. Florida Power, Time Warner Cable, Verizon and Verizon Media Ventures have no objections to the vacation request. No City of Clearwater utilities are present in the subject easement portion and no future need for the easement portion is anticipated. Public Works Administration has no objections to the vacation request. In response to a concern, Director of Engineering Mike Quillen said no ditch will be constructed. The project will not impact uphill properties. Stormwater will continue to drain, via an existing swale, into a retention pond east of the subject property. Commissioner Hibbard moved to approve the applicant’s request to vacate the 5-foot drainage and utility easement lying along the West property line of Lot “E”, Rolling Heights Subdivision (A.K.A. 2316 Drew Street), less the north 20 feet thereof, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7091-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7091-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #10 - Public Hearing & First Reading - Ord 7093-03, Ord 7094-03, and Ord 7095-03 – Approve the petition for Annexation, Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/OL), and Zoning Atlas Amendment from County Zoning A-E, Agricultural Estate Residential District to City O, Office District of properties located at 107 Hampton Road (consisting of Metes and Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South, Range 16 East) (Limited Properties, Inc. & Hampton Road Development Corp. ANX2002-12023 and LUZ2002-12013) (PLD) The subject site involves two vacant parcels of land approximately 0.65-acres in area generally located 280 feet north of Gulf-to-Bay Boulevard and 100 feet east of Hampton Road. These properties were part of the 4.22-acre development site annexed pursuant to ANX 02-02-02 and designated Residential/Office Limited on the Future Land Use Plan Map and rezoned to the O, Office District, pursuant to LUZ 02-02-02 on June 6, 2002. Recently, it was determined the ordinances approved by the Commission for the 4.22-acre site did not contain the correct legal description for this portion of the property. An accurate legal description has been submitted for review and approval. The applicant intends to construct a new office development housing the Hooter’s corporate headquarters on a portion of the 4.22-acre 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 Pinellas Planning Council (PPC) 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 Residential Urban (RU) to Residential/Office Limited (R/OL). Additionally, a zoning atlas amendment is requested to rezone the parcels in the County from A-E, Agricultural Estate Residential to the City’s O, Office District. 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 and/intensity of the plan amendment site, review and approval by Florida Department of Community Affairs is not required. On January 21, 2003, the Community Development Board unanimously recommended approval of this item. Commissioner Jonson moved to approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/OL), and Zoning Atlas Amendment from County Zoning A-E, Agricultural Estate Residential District to City O, Office District, of properties located at 107 Hampton Road (consisting of Metes and Bounds 13/04 and a portion of 13/044 in Section 17, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7093-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7093-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #7094-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7094-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #7095-03 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7095-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #11 - Public Hearing & First Reading - Ord 7070-03, Ord 7071-03, and Ord 7072-03 - Approve the petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from Agricultural Estate Residential (County A-E) to City Low Medium Density Residential (LMDR) District for 2400 Varsity Drive (consisting of Metes and Bounds 42/02 in Section 7, Township 29 South, Range 16 East) (George Hunt ANX2002-10016) (PLD) This site is located at 2400 Varsity Drive, which is on the north side of Varsity Drive approximately 2,000 feet north of Drew Street and 1,000 feet west of Old Coachman Road. The subject property is approximately 7.15 acres in area and is currently occupied by a tree nursery. The purpose of the annexation is to enable the applicant to receive City sewer and water service so the property can be redeveloped with a single-family residential subdivision. A Future Land Use Plan designation of Residential Urban (RU) 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: 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. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. 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. On December 17, 2002, the Community Development Board unanimously recommended approval of this item. In response to a concern regarding possible flooding problems, Long Range Planning Manager Gina Clayton reported the site’s elevation ranges from 25 to 30 feet. Depending on where homes are located, living areas may have to be located two to three feet above grade. Commissioner Hibbard moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from County A-E, Agricultural Estate Residential District, to City LMDR, Low Medium Density Residential District for 2400 Varsity Drive (consisting of Metes and Bounds 42/02 in Section 7, Township 29 South, Range 16 East and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7070-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7070-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #7071-03 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7071-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #7072-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7072-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #12 - Public Hearing & First Reading - Ord 7064-03, Ord 7065-03, and Ord 7066-03 - Approve the petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County R-3, Residential Single-Family District, to City LMDR, Low Medium Density Residential District, for 1740 Ragland Avenue (Lot 55), Clearwater Manor Subdivision) (Charlotte Sisk ANX2002-10017) (PLD) This site is located at 1740 Ragland Avenue, which is on the west side of Ragland Avenue approximately 1,900 feet south of Sunset Point Road and 450 feet east of Belcher Road. The subject property is approximately 0.15 acres in area and is currently occupied by a single-family dwelling. The purpose of the annexation is to enable the applicant to receive City sewer service. The abutting right-of-way is also proposed to be annexed. A Future Land Use Plan designation of Residential Low (RL) is proposed along with a zoning category of LMDR, Low Medium Density Residential. 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. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. 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. On January 21, 2003, the Community Development Board unanimously recommended approval of this item. Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County R-3, Residential Single-Family District, to City LMDR, Low Medium Density Residential District, for 1740 Ragland Avenue (Lot 55, Clearwater Manor Subdivision) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7064-03 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7064-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #7065-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7065-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #7066-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7066-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #13 - Public Hearing & First Reading - Ord 7067-03, Ord 7068-03, and Ord 7069-03 - Approve the petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County R-3, Residential Single-Family District, to City LMDR, Low Medium Density Residential District, for 1925 Ashland Drive (Lot 51, Citrus Heights Manor First Addition) (Janet Ergang ANX2002-10018) (PLD) This site is located at 1925 Ashland Drive, which is on the south side of Ashland Drive approximately 900 feet west of Hercules Avenue and 550 feet north of Union Street. The subject property is approximately 0.19 acres in area and is currently occupied by a single-family dwelling. The purpose of the annexation is to enable the applicant to receive City sewer service. A Future Land Use Plan designation of Residential Low (RL) is proposed along with a zoning category of LMDR, Low Medium Density Residential. 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; 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave; and 4) This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. 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. On December 17, 2002, the Community Development Board unanimously recommended approval of this item. Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County R-3, Residential Single-Family District, to City LMDR, Low Medium Density Residential District, for 1925 Ashland Drive (Lot 51, Citrus Heights Manor First Addition) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7067-03 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7067-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #7068-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7068-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. The City Attorney presented Ordinance #7069-03 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7069-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. Public Hearing - Second Reading Ordinances ITEM #14 - Ord 7045-03 Annexation for 1607 Stevenson's Drive (Lot 6, Block C, Stevenson's Heights in the northwest quarter of Section 10, Township 29 South, Range 15 East); Owner: Jacqueline L. Walters. ANX2002-09013 The City Attorney presented Ordinance #7045-03 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7045-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #15 - Ord 7046-03 Land Use Plan Amendment as Residential Low for 1607 Stevenson's Drive (Lot 6, Block C, Stevenson's Heights in the northwest quarter of Section 10, Township 29 South, Range 15 East); Owner: Jacqueline L. Walters. ANX2002-09013 The City Attorney presented Ordinance #7046-03 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7046-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #16 - Ord 7047-03 Zoning Atlas Amendment as Low Medium Density Residential (LMDR) for 1607 Stevenson's Drive (Lot 6, Block C, Stevenson's Heights in the Northwest quarter of Section 10, Township 29 South, Range 15 East); Owner: Jacqueline L. Walters. ANX2002-09013 The City Attorney presented Ordinance #7047-03 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7047-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #17 - Ord 7048-03 Annexation for 1370 State Street (consisting of the southwest corner of Lot 10, E.A. Marshall's Subdivision in the East 1/2 of Section 3, Township 29 South, Range 15 East); Owners: Ido and Daphna Fischler ANX2002-09014 The City Attorney presented Ordinance #7048-03 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7048-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #18 - Ord 7049-03 Land Use Plan Amendment as Residential Low Medium for 1370 State Street (consisting of the southwest corner of Lot 10, E.A. Marshall's Subdivision in the East 1/2 of Section 3, Township 29 South, Range 15 East); Owners: Ido and Daphna Fischler ANX2002-09014 The City Attorney presented Ordinance #7049-03 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7049-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #19 - Ord 7050-03 Zoning Atlas Amendment as Medium Density Residential (MDR) for 1370 State Street (consisting of the southwest corner of Lot 10, E.A. Marshall's Subdivision in the East 1/2 of Section 3, Township 29 South, Range 15 East); Owners: Ido and Daphna Fischler ANX2002-09014 The City Attorney presented Ordinance #7050-03 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7050-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #20 - Ord 7051-03 Land Use Plan Amendment from Industrial Limited to Institutional for property located at 1285 South Ft. Harrison Avenue and 609 Pinellas Street on the east side of South Fort Harrison Avenue and the south side of Pinellas Street, approximately 620 feet north of Lakeview Road, consisting of portions of Poms Park, Petzold Gulf View, and A.C. Turner’s Addition to Milton Park Sub, and Section 21, Township 29 South, Range 15 East, M&Bs 11.03 and 11.04; Owner: Morton Plant Hospital Association, Inc. LUZ2002-09008 The City Attorney presented Ordinance #7051-03 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7051-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #21 - Ord 7052-03 Rezoning Amendment from Industrial Research & Technology to Institutional for property located at 1285 South Ft. Harrison Avenue and 609 Pinellas Street on the east side of South Fort Harrison Avenue and the south side of Pinellas Street, approximately 620 feet north of Lakeview Road, consisting of portions of Poms Park, Petzold Gulf View, and A.C. Turner’s Addition to Milton Park Sub, and Section 21, Township 29 South, Range 15 East, M&Bs 11.03 and 11.04; Owner: Morton Plant Hospital Association, Inc. LUZ2002-09008 The City Attorney presented Ordinance #7052-03 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7052-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #22 - Ord 7053-03 Annexation for properties at 10 East Meadowlark Lane; 3001-3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood Street & 3036 Eastwood Street (Section 16, Township 29 South, Range 16 East, M&Bs 22.06, 22.05 and 22.09); Owner: First Baptist Church of Clearwater, Inc. ANX2002-09015 and LUZ2002-09009 The City Attorney presented Ordinance #7053-03 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7053-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #23 - Ord 7054-03 Land Use Plan Amendment from Residential Urban and Residential Low Medium to Institutional and Initial Designation of annexed property as Institutional for properties at 10 East Meadowlark Lane; 3001-3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood Street & 3036 Eastwood Street (Section 16, Township 29 South, Range 16 East, M&Bs 22.06, 22.05 and 22.09); Owner: First Baptist Church of Clearwater, Inc. ANX2002-09015 and LUZ2002-09009 The City Attorney presented Ordinance #7054-03 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7054-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #24 - Ord 7055-03 Rezoning Amendment from Mobile Home Park (MHP) and Low Medium Density (LMDR) to Institutional (I) and initial zoning of annexed property as Institutional for properties at 10 East Meadowlark Lane; 3001-3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood Street & 3036 Eastwood Street (Section 16, Township 29 South, Range 16 East, M&Bs 22.06, 22.05 and 22.09); Owner: First Baptist Church of Clearwater, Inc. ANX2002-09015 and LUZ2002-09009 The City Attorney presented Ordinance #7055-03 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7055-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #25 - Ord 7061-03 to approve applicant's request to vacate the 10-foot drainage and utility easement located in the north 18 feet of Lot 83, Countryside Tract 58, (AKA 3336 Windchime Drive West), less the west 10 feet thereof, together with the 10-foot drainage and utility easement portion located in a vacated portion of Cloudview Drive. (V2002-14 Agelatos) The City Attorney presented Ordinance #7061-03 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7061-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #26 - Ord 7062-03 - Amending Appendix A, Chapter XXV, Section 3 (F) Code of Ordinances for fees for Commercial Properties with more than one Water Account, which irrigate using one or more Reclaimed Water Accounts. The City Attorney presented Ordinance #7062-03 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7062-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #27 - Ord 7075-03 - amending Chapter 22, Sec 22.59 of the Code of Ordinances adding the fenced–in area of the Clearwater Community Sailing Center in which alcoholic beverages may be possessed, sold and consumed The City Attorney presented Ordinance #7075-03 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7075-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #28 - Ord 7090-03 – amending Sec. 32.189 Code of Ordinances regulating the discharge of grease into the wastewater system by certain food service facilities The City Attorney presented Ordinance #7090-03 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7090-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. CITY MANAGER REPORTS CONSENT AGENDA (Items #29-40) - Approved as submitted 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 #29 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1) Purchase of two (2) HP5470 Server for $105,563.26 from Dimension Data, Clearwater, Florida. (IT) 2) Work Order for engineering, construction, and inspection services for off site drainage improvements for Town Pond for $50,764 from Post, Buckley Schuh & Jernigan, Inc., Tampa, Florida. (PW) ITEM #30 - Authorize the City of Clearwater to enter into an Agreement with the Housing Finance Authority of Pinellas County, whereby the City will provide up to a maximum of $100,000 in State Housing Initiatives Partnership (SHIP) funds for low-income households going through the "Housing Finance Authority of Pinellas County - SHIP Assisted Loan Program". (ED) ITEM #31 - Request for authority to settle the workers' compensation claim of Claimant, Ronnie White, in its entirety to include medical, indemnity and attorney fees for the sum of $30,000. Additionally the City of Clearwater will waive entitlement to any lien it may have as a result of any third party claim the Claimant may have resulting from this accident. (FN) ITEM #32 - Approve a line of credit with the Clearwater Community Sailing Association from the General Fund for up to $50,000 with interest at approximately the cash pool earnings rate (to be determined by the Finance Director) to be used only to pay salaries, such loan to be repaid to the City by the end of the initial three year term which expires September 30, 2005. (MR) ITEM #33 - Approve a Supplement to Community Sports Complex Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies, correcting City’s capital contribution and definition of “Community Sports Complex”. (PR) ITEM #34 - Award a contract for the Northwood Estates Drainage Improvements (02-0026-EN) to Harvey-Taddeo, Inc. of Oldsmar, Florida for the sum of $68,530 which is the lowest responsible bid received in accordance with the plans and specifications. (PW) ITEM #35 - Approve the Interlocal Agreement between Pinellas County Environmental Management and the City of Clearwater for the development, implementation, and operation of a County wide Ambient Water Quality Monitoring Program for six years at an estimated total cost of $145,500. (PW) ITEM #36 - Disband Clearwater Beach Entryway Committee (ORLS) ITEM #37 - Approve construction authorization for the new Main Library to Turner Construction Company, 500 N. Westshore Blvd., Tampa, FL in an amount not to exceed $2,413,621. (LIB) ITEM #38 - Approve the final amended budget for the Community Sports Complex Development and Construction capital project in the amount of $22,512,997. (PR) ITEM #39 - Approve an expansion to the Police Department’s Take Home Car Plan to increase visibility of patrol officers and vehicles to the citizens of Clearwater in the total amount of $372,700.00 for cars and equipment. This purchase will include the awarding of a contract to Don Reid Ford of Maitland, Florida, in the amount of $247,150.00, for the purchase of ten (10) 2003 Ford Crown Victoria Police Sedans, in accordance with Sec. 2.564 (1)(d) Florida Sheriff’s Association Bid 02-010-0826. (PD) ITEM #40 - Set an Attorney - Client Session re City of Clearwater vs. The Oaks of Clearwater for 8:30 a.m. on February 3, 2003 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 #41 - Approve a Joint Project Agreement with the State of Florida's Department of Transportation to relocate natural gas mains during improvement project, FPN: 2571050-1-56-03/WPI No. 7117138/SPN: 15120-3527/Pinellas County, SR 688 (Ulmerton Road)/from Oakhurst to 119th Street, at an estimated cost of $321,160.50, and adopt Resolution 03-06. (CGS) FDOT (Florida Department of Transportation) has a project to widen/improve SR 688 (Ulmerton Road) from Oakhurst to 119th Street, including roadway, sidewalk, other improvements, and utilities to include existing Clearwater Gas System facilities, which conflict with the design. Under the JPA (Joint Project Agreement), FDOT’s general contractor will perform the relocation of existing natural gas mains. Having FDOT’s general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Commissioner Hamilton moved to approve a Joint Project Agreement with the State of Florida’s Department of Transportation to relocate natural gas mains during improvement project, FPN: 2571050-1-56-03/WPI No. 7117138/SPN: 15120-3527/Pinellas County, SR 688 (Ulmerton Road) from Oakhurst to 119th Street, at an estimated cost of $321,160.50, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #03-06 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #03-06 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #42 - Adopt Resolution 03-04 authorizing FDOT Supplemental Agreement #4, to include one hundred percent (100%) funding up to $20,000 dollars for additional security fencing at Clearwater Airpark. (MR) FDOT has agreed to increase reimbursable funding to include additional security fencing in the existing JPA for the design and construction of two ten-plane T-hangars, one corporate hangar, and completion of the stormwater management plan, the emergency soil mitigation, and fuel tank replacement at Clearwater Airpark. FDOT may participate in the security fence construction at 100% up to a maximum of $20,000 dollars. The total funding provided by FDOT for this JPA remains the same at $1,118,800. FDOT is making this $20,000 available at 100% instead of the 80/20 split. The $4,000 (20% of $20,000) will remain in the project for future improvements. This increase represents 100% participation on the part of FDOT, and nothing additional on the part of the City. Commissioner Hibbard moved to authorize FDOT Supplemental Agreement #4, to include one hundred percent (100%) funding up to $20,000 dollars for additional security fencing at Clearwater Airpark and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #03-04 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #03-04 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #43 – Adopt Resolution 03-05 authorizing the Mayor-Commissioner to execute the Mutual Aid Agreement which will permit voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among these law enforcement agencies. (PD) Mutual aid agreements between law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and providing operational assistance during emergencies. The City of Clearwater and City of Largo recognize that an increasing number of criminals is operating across jurisdictional lines and there is a need for continuing multi-jurisdictional response to such unlawful activities. The law enforcement agencies want to continue the long history of cooperation by forming a comprehensive agreement for mutual aid and the exercise of police authority across jurisdictional boundaries. Aggressive drivers, speeders, and other traffic violators do not respect jurisdictional boundaries and violators sometimes commit violations with impunity in the presence of a municipal law enforcement officer from a neighboring jurisdiction. The City of Clearwater and City of Largo desire to provide a multi-jurisdictional response to these areas of traffic enforcement. Both cities also recognize that traffic accident victims sometimes must wait for a response from the agency in whose jurisdiction the incident occurred. To resolve this situation, the City of Clearwater and the City of Largo would like to formalize a comprehensive agreement for mutual aid. Upon approval of this Mutual Aid Agreement, the City of Clearwater and City of Largo Police Departments also may request and render assistance, to deal with situations such as civil disturbances, natural or man-made disasters, concerts, parades, and incidents requiring utilization of specialized units. Commissioner Jonson moved to authorize the Mayor-Commissioner to execute the Mutual Aid Agreement which will permit voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among these law enforcement agencies, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #03-05 and read it by title only. Commissioner Hibbard moved to pass and adopt Resolution #03-05 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst. ITEM #44 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #45 - Other City Attorney Items – None. ITEM #46 - City Manager Verbal Reports The City Manager requested the City Commission verify their direction to staff regarding the Countywide Traffic Signal System. Public Works Administrator Mahshid Arasteh reviewed staff discussions with the County related to this issue. The Vice-Mayor said a resolution supporting the County’s control of all traffic signals in the County will be on the MPO agenda in February. She reported discussion at the November 18, 2002 Work Session, with County Administrator Steve Spratt and County Commissioner Karen Seel, had indicated all were in agreement that the County would control main arterials and the rest of Clearwater would be phased in. Ms. Arasteh expressed concern the County wants to control all traffic signals in the City upon implementation. Concerns for traffic issues related to neighborhoods were expressed. The importance of maintaining City standards and responses to repair needs was stated. It was indicated the City wants to work toward Assembly goals to combine City and County services but it was felt a Countywide Traffic Signal System cannot be achieved all at one time. It was stated the City’s objective is to continue providing residents with the same quality and level of service that they now receive. Traffic Operations Manager Paul Bertels said the County’s proposed resolution would create a County run DOT (Department of Transportation) on the County’s road system. The County has proposed to manage all signaled intersections, which would require the City to obtain County permission to change the timing of any signal in the City. He expressed concern the proposal adds another layer of bureaucracy. Ms. Arasteh said the City needs a formal agreement that resolves and addresses issues such as which roads and signal lights would be affected in Phase One, if City or County personnel would staff the positions, who would manage the system, evaluate staff, and pay salaries, timing and maintenance issues, response times, etc. The City also has special situations related to special events. Mr. Bertels said City standards have been presented and differ from the County’s proposal. It was stated the City should not give up control of its traffic signals until it is determined the final product will be beneficial to the City. The City Manager expressed concern the City not be portrayed as obstructionists to the Countywide Traffic Signal System concept. He requested Commissioners discuss with County Commissioner Karen Seel the City’s support of a project that progresses in phases. It was stated the City is willing to cooperate on this project with the County if levels of service do not fall. Commission verified its direction that a Countywide Traffic Signal System should be implemented in phases with Phase One addressing arterial roadways that transcend local boundaries. Only if City levels of service are maintained on Phase One roads will the County’s control of City traffic signals be considered for expansion to collector roads. ITEM #47 - Commission Discussion Items a) January 27, 2003 Downtown CRA (Community Redevelopment Agency) Meeting The meeting was verified. ITEM #48 - Other Commission Action Commissioners Hibbard and Hamilton wished good luck to the Tampa Bay Buccaneers on Sunday at the Super Bowl. Commissioners Hibbard, Hamilton, and Gray said they had enjoyed attending the grand opening of the North Greenwood Library on January 18, 2003, and complimented staff efforts. Commissioner Hibbard invited residents to attend tomorrow’s concert at Coachman Park. Commissioner Hibbard invited residents to attend a fundraising auction at the Clearwater Marine Aquarium on February 13, 2003, from 6:00 to 10:00 p.m. Commissioner Jonson complimented Commissioner Gray for doing a good job running the meeting and Work Session. Commissioner Jonson said the PSTA (Pinellas Suncoast Transit Authority) is considering asking Treasure Island and St. Pete Beach to make up lost grant funds for the Suncoast Trolley, is reviewing trolley services Countywide, and is considering extending the Suncoast Trolley route north to Park Street. Commissioner Jonson reviewed information on a bus rapid transit that runs on rubber tires. Commissioner Jonson presented photographs of volunteer efforts to clean the historic downtown Post Office property. Commissioner Jonson presented photographs of streetscaping efforts in Zephyrhills, that were financed by CDBG (Community Development Block Grant) funds, and reported Zephyrhills is offering $20,000 façade improvement grants. Commissioners Gray and Jonson reported on February 1, 2003, the 9:30 a.m. Mutual Aid agreement signing will take place at the Missouri Avenue Bank of America and will be followed by the grand opening of the dog park at Crest Lake Park at 1:00 p.m. Commissioner Jonson announced he will celebrate his first wedding anniversary on February 2, 2003. Commissioner Hamilton said tonight will be the coldest in years and reviewed recommended actions. Commissioner Gray congratulated John Doran for being named as the Greater Clearwater Chamber of Commerce’s Tourism Person of the Year. Commissioner Gray invited the public to attend a CRA meeting, which will review downtown plans, on January 27, 2003, at 9:00 a.m. Commissioner Gray said she had enjoyed the breakfast, march, and speeches on Dr. Martin Luther King, Jr. Day, January 20, 2003. Commissioner Gray reported the Sunstate Opera Society will perform at the Royalty Theater on January 25-26, 2003. Commissioner Gray said the Farmer’s Market is celebrating its eighth anniversary with cake at 10:00 a.m., at Station Square Park downtown on February 5, 2003. Commissioner Gray reported the next Work Session is on February 3, 2003, at 9:00 a.m. ITEM #49 - Adjournment The meeting adjourned at 7:58 p.m.