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07/17/2003CITY COMMISSION MEETING CITY OF CLEARWATER July 17, 2003 Present: Brian J. Aungst Mayor/Commissioner – departed 7:37 p.m. Hoyt P. Hamilton Vice-Mayor/Commissioner Whitney Gray Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Mary K. (Sue) Diana Assistant City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Associate Priest John L. Lowe, Episcopal Church of the Ascension. The Mayor led the Pledge of Allegiance. Service Awards (Employee of the Month) Carolyn Brink, City Manager’s Office, was presented the July 2003 Employee of the Month award. 4. Introductions, Awards and Presentations 2003 State Legislative Wrap-up – Representative Farkas Representative Farkas reviewed legislative issues addressed this year. He said this has been a challenging year. Social services and education constitute 68% of the budget. Tourism is improving and there has been an increase in jobs in Florida. He said he would like feedback from the City regarding the high speed rail as the governor would like to put this issue back on the ballot next year. Issues to be addressed in 2004 include medical malpractice, classroom size, judicial review and enclave annexation. The Mayor presented him a plaque in appreciation of his efforts in support of the City. 2003 Legislative Wrap-up – Peter Dunbar, Pennington Law Firm Peter Dunbar, City’s lobbyist, distributed a summary of the substantive issues in the last legislative session. He noted changes dealing with the conduct of public officials which go into effect October 1, 2003. He said that all special projects for cities, counties and universities were stripped from the budget. He discussed Article V (Judicial Review) and said much of the debate has been left to the 2004 session. He said the annexation of enclaves is an issue that will be back in 2004 and significant changes in water policy may be seen. There was discussion regarding SB 676 and Mr. Dunbar noted the bill has been signed by the governor. Neighborhood Awards for Quarter The Neighborhood of the Quarter Award was presented to the Grandview Terrace neighborhood. Home of the Quarter Awards were presented to: Michael and Anna Horn, 2698 Meadow Wood Drive; George and Arlene Wick, 506 Hilltop Avenue; Dean and Vicki Ramsay, 1616 Dartmouth Street; and Kenneth Anderson, 1325 South Washington Avenue. Jay Polglaze, neighborhood crime watch coordinator for Grandview Terrace, thanked the Commission for their redevelopment and traffic calming efforts. Presentation of Friends of the Library Scholarships Jan Regulski said, since the program began in 1993, 17 scholarships have been presented to City employees. Scholarships are presented to employees as incentives to complete undergraduate or master degrees in library careers. Dick Fitzgerald, President of Friends of the Library, presented checks to scholarship winners. Presentation - 2003 National Amateur Boxing Champion The Mayor congratulated Keith Thurman, 2003 National Amateur Boxing Champion, for his hard work and dedication to the sport and presented him with an award. Mr. Thurman said he hopes to go to the 2008 Olympic games in Bejing and bring back the gold medal. He thanked the City for the award. 5. Approval of Minutes - Regular Meeting 06/19/03 Commissioner Jonson moved to approve the minutes of the regular meeting of June 19, 2003, as recorded by the City Clerk and submitted in written summation to each Commissioner. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the Agenda Jan Regulski, Suzanne Boshen, Anne Garris, David McNamee and Bill Kaiser requested the beach library remain open. Fran Glaros requested more studies be done before the City makes a final decision regarding water fluoridation and expressed opposition to changing hours for alcohol beverage on Sundays. PUBLIC HEARINGS 7. Public Hearing & First Reading – Ords. 7143-03, 7144-03 & 7145-03 – Approve the petition for Annexation, Land Use Plan Amendment from County Industrial Limited (IL) to City Industrial Limited (IL) and Zoning Atlas Amendment from the County M-1, Light Manufacturing and Industry, to City IRT, Industrial, Research & Technology District for 2040 Range Road (A portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008 (Colontonio’s Fine Foods, Inc.) (PLD) The subject property is located at 2040 Range Road, approximately 200 feet east of Hercules Avenue. The applicant is requesting this annexation to receive City sewer service. The property is located in an enclave that is surrounded by city property on all sides and is within the borders of the City’s planning area; therefore the proposed annexation is consistent with Pinellas County Ordnance 00-63 with regards to voluntary annexation. The subject site is approximately 1.10-acres in area and is occupied by an existing warehouse use. It is proposed that the property have a Future Land Use Plan designation of Industrial Limited (IL) and a zoning category of IRT, Industrial, Research and Technology. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is located in an enclave that is surrounded by city property on all sides and is within the borders of the City’s planning area. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on June 17, 2003 and unanimously recommended approval. Commissioner Gray moved to approve the petition for Annexation, Land Use Plan Amendment from County Industrial Limited (IL) to City Industrial Limited (IL) and Zoning Atlas Amendment from the County M-1, Light Manufacturing and Industry, to City IRT, Industrial, Research & Technology District for 2040 Range Road (A portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008 (Colontonio’s Fine Foods, Inc.) The motion was duly seconded and carried unanimously. Ordinance #7143-03 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7143-03 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. Ordinance #7144-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7144-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7145-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7145-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 8. Public Hearing & First Reading – Ords. 7146-03, 7147-03 & 7148-03 – Approve the petition for Annexation, Land Use Plan Amendment from County Commercial General (CG) to City Commercial General (CG) and Zoning Atlas Amendment from the County C-1, Neighborhood Commercial District, to the City C, Commercial District for 2500 Sunset Point Road (Lot 41, Skyline Groves in Sec 06-29-16. ANX2003-04009 (Robert L and Marcia A. Warren) (PLD) The subject property is located at 2500 Sunset Point Road, which is on the north side of the street approximately 1,200 feet west of US Highway 19 North. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the south; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.20 acres in area and is occupied by an existing retail sales and service use. It is proposed that the property have a Future Land Use Plan designation of Commercial General (CG) and a zoning category of C, Commercial. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on June 17, 2003 and unanimously recommended approval. Commissioner Hibbard moved to approve the Petition for Annexation, Land Use Plan Amendment from County Commercial General (CG) to City Commercial General (CG) and Zoning Atlas Amendment from the County C1, Neighborhood Commercial District, to the City C, Commercial District for 2500 Sunset Point Road (Lot 41, Skyline Groves in Section 06, Township 29 South, Range 16 East), ANX2003-04009. Ordinance #7146-03 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7146-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7147-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7147-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7148-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7148-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 9. Public Hearing & First Reading Ord. 7140-03 - Approve the applicant’s request to vacate the W399.78’ of the 50-ft railroad easement lying along the South property line of Lot 15, Clearwater Industrial Park, (A.K.A. 1555 Sunshine Drive), and dedicate a 10’ water line easement proposed to be located adjacent to the South property line of the W399.78’ of said Lot 15. (V2003-08 City of Clearwater/Clearwater Industrial Park). (PW) The subject property is city-owned and if the vacation request is approved a request to declare the property surplus will be forwarded for commission consideration at a later meeting. The railroad easement was dedicated on the plat of Clearwater Industrial Park. The Planning Department has no objections to the vacation request. Progress Energy, Bright House, Verizon and Verizon Media Ventures have no objections to the vacation request. The City of Clearwater has an 8-inch water line located in the northerly 10 feet of the subject easement and the dedication of a 10-foot water easement is requested in order to protect access to the water line. Public Works Administration has no objections to the vacation request. Commissioner Hibbard moved to approve the applicant’s request to vacate the West 399.78 feet of the 50-foot railroad easement lying along the south property line of Lot 15, Clearwater Industrial Park, (A.K.A. 1555 Sunshine Drive), and dedicate a 10-foot water easement proposed to be located along the South property line of the West 399.78 feet of said Lot 15, and pass Ordinance Number 7140-03 on first reading, (V2008-03 City of Clearwater/Clearwater Industrial Park.) The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Absent: Gray. Ordinance #7140-03 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7140-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 10. Public Hearing – Declare surplus for the purpose of exchanging the fee simple estate in a portion of Lot 1, a Resub of Baskins Replat, containing 2.422 acres, MOL (“surplus parcel”), and approve a Contract For Exchange of Real Property between the City and Clearwater Mall, LLC (Exchange Contract”), to exchange the City’s fee estate in said surplus parcel valued at $1,200,000 for the fee estate in Pinellas County parcels 15-29-15-65196-000-0034 and 0063 for the sum of $145,000 and Pinellas County parcels 15-29-15-65196-000-0030, 0060, 0061, 0062 and 15-29-15-65214-002-0180 for the sum of $1,013,050. (collectively, “exchange parcels”), subject to fulfillment of the terms and conditions of the exchange contract, and of those certain Contracts For Sale and Purchase of Property between Clearwater Mall, LLC and owners of the exchange parcels, plus estimated interest payments and transaction costs of $41,950 for a total exchange consideration not to exceed $1,200,000. (ED/HSG) On September 4, 2002, the City conveyed an irregular 1.271 acre portion of the current Fire Station #49 site at the former Clearwater Mall to New Plan Excel Realty Trust in exchange for an equal size parcel on the east side of Sky Harbor Drive as a replacement site for the fire station. On September 16, 2002, James M. Millspaugh, MAI, appraised the remaining 2.422 acre portion of the Fire Station #49 property and valued it at $1,200,000, as improved. On November 11, 2002, K. Mitchell Caldwell, MAI, appraised Parcel A #15-29-15-65214-002-0180 (28,159 square feet/0.65 acres), and Parcel (s) B 15-29-15-65196-000-0030, 0032, 0033, 0060, 0061 and 0062 (108,110 square feet/2.48 acres) Clearwater Automotive site (Frank L. McKinley & Joel Kehrer, and Salvage Properties, Inc.) and valued it at $1,013,050. On November 26, 2002, James M. Millspaugh, MAI, appraised parcels #15-29-15-65196-000-0034, 0063 (31,400/0 square feet/0.72 acres)- Ruth M. Mills & Arthur Miller, Jr.), and valued it at $145,000. The underlying purpose of this transaction is to remove from the Downtown environs, a non-conforming land use which in its current use as an automotive junk yard and engine storage facility, is both inappropriate for the area, and inhibits opportunities for redevelopment within this prime infill area. It is the intention of the City to allow Clearwater Automotive to remain on the property for up to two years after date of closing, so they can make an orderly transition to another location, and have time to remove all personal property, equipment and salvage. Due to the “value added” incurred in obtaining these parcels, the City will accept these parcels “as is” and without warranties, and will be responsible for the demolition of all structures, and for any future environmental due diligence and mitigation. The Exchange Document stipulates that the City will be responsible for paying Clearwater Mall, LLC the sum of $5,000 per month, payable in advance, during the Occupancy Period (July 14, 2003 through, but no later than, February 28, 2004) as remuneration for retaining possession of Parcel 1 until the City opens a replacement fire station. In response to a question, City Attorney Pam Akin said the City has the responsibility for demolition of Clearwater Automotive but not the fire station. In response to a question, Economic Development Housing Director Reg Owens said there was a land swap in 2001 which left a 2.4 acre remnant fire station site. That remnant was appraised in 2001 at $918,000 and reappraised in 2002 at $1.2 million which is the basis for this land exchange. Concern was expressed for the potential environmental mitigation requirements for the Clearwater Auto site. Mr. Owens said a Phase I assessment has been done of both sites. The smaller site containing a warehouse building had no contamination. The larger site, which housed the salvage yard for auto parts, showed some spot contamination. The contamination from previous uses is more of a concern than the automotive use, as it is unknown. He said the site has a history of industrial use. The Phase I assessment involves a visual inspection of the site, thorough review of public records, review of any records on the site and operational procedures. Phase 2 is the actual sampling and testing of the site. Mr. Owens said the purchase of this property would be vital to redevelopment regardless of its status. Staff would actively pursue grant funds for any necessary remediation of the site. Mr. Owens said this site has been identified as potential mixed use development which does not preclude residential use, however, residential would require more intense remediation. It was remarked that once the property is under the City’s control, its use could be determined at the appropriate time. Commissioner Hibbard moved to declare as surplus for the purpose of exchanging the fee simple estate in a portion of Lot 1, A RESUB OF BASKINS REPLAT, containing 2.422 acres, more or less (“surplus parcel”), and approve a Contract For Exchange of Real Property between the City and Clearwater Mall, LLC (“Exchange Contract”), to exchange the City’s fee estate in said surplus parcel valued at $1,200,000 for the fee estate in Pinellas County parcels 15-29-15-65196-000-0034 and 0063 for the sum of $145,000, and Pinellas County parcels 15-29-15-65196-000-0030, 0060, 0061, 0062 and 15-29-15-65214-002-0180 for the sum of $1,013,050 (collectively, “exchange parcels”), subject to fulfillment of the terms and conditions of the exchange contract, and of those certain Contracts For Sale and Purchase of Property between Clearwater Mall, LLC and owners of the exchange parcels, plus estimated interest payments and transaction costs of $41,950, for a total exchange consideration not to exceed $1,200,000. The motion was duly seconded and carried unanimously. Commissioner Hamilton moved to take out of order prior to second reading ordinances Items #48 – 52. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances 11. Ord. 7124-03 – Approve a Land Use Plan Amendment from Residential Urban (RU) to Institutional (INS) (LUZ2003-03002) Ordinance #7124-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7124-03 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. 12. Ord. 7125-03 – Approve a Zoning Atlas Amendment from LMDR, Low Medium Residential District, to (I) Institutional District, for 2701, 2720, 2751 & 2770 Regency Oaks Blvd. (A portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-29-16) (LUZ2003-03002) Ordinance #7125-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7125-03 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. 13. Ord. 7126-03 – Approve the petition for Annexation of property located at 3119 San Mateo Street (Lot 13, Del Oro Gardens in Sec. 09-29-16) (ANX2003-02004) Ordinance #7126-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7126-03 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. 14. Ord. 7127-03 – Approve a Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) (ANX2003-02004) Ordinance #7127-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7127-03 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. 15. Ord. 7128-03 – Approve a Zoning Atlas Amendment from the County R-3, Single Family Residential District, to the City LMDR, Low Medium Density Residential District, for 3119 San Mateo Street (Lot 13, Del Oro Gardens in Sec. 09-29-16) (ANX2003-02004) Ordinance #7128-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7128-03 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. 16. Ord. 7129-03 – Approve the petition for Annexation of property located at 1837 Beverly Circle North (Lot 2, Lake Lela Manor First Addition in Sec. 24-29-15) (ANX2003-03005) Ordinance #7129-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7129-03 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. 17. Ord. 7130-03 – Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) (ANX2003-03005) Ordinance #7130-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7130-03 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. 18. Ord. 7131-03 – Approve a Zoning Atlas Amendment from the County R-3, Single Family Residential District, to the City LDR, Low Density Residential District for 1837 Beverly Circle North (Lot 2, Lake Lela Manor First Addition in Sec. 24-29-15). ANX2003-03005 Ordinance #7131-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7131-03 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. 19. Ord. 7132-03 – Approve the petition for Annexation of property located at 1517 Calamondin Lane (Lot 35, Blk 4, Virginia Grove Estates First Addition in Sec. 08-29-16) (ANX2003-03006) Ordinance #7132-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7132-03 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. 20. Ord. 7133-03 – Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) (ANX2003-03006) Ordinance #7133-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7133-03 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. 21. Ord. 7134-03 – Approve a Zoning Atlas Amendment from the County R-3, Single Family Residential District, to the City LMDR, Low Medium Density Residential District for 1517 Calamondin Lane (Lot 35, Blk 4, Virginia Grove Estates First Addition in Sec. 08-29-16) (ANX2003-03006) Ordinance #7134-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7134-03 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. 22. Ord. 7135-03 – Approve the petition for Annexation of property located at 1709 Grove Drive (Lot 28, Blk 2, Virginia Grove Terrace First Addition in Sec. 05-29-16). (ANX2003-03007) Ordinance #7135-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7135-03 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. 23. Ord. 7136-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) (ANX2003-03007) Ordinance #7136-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7136-03 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. 24. Ord. 7137-03 – Approve a Zoning Atlas Amendment from the County R-3, Single Family Residential District, to the City LMDR, Low Medium Density Residential District for 1709 Grove Drive (Lot 28, Blk 2, Virginia Grove Terrace First Addition in Sec. 05-29-16) (ANX2003-03007) Ordinance #7137-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7137-03 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. 25. Ord. 7149-03 – Amending the Operating Budget for fiscal year ending 09/30/03 to reflect increases & decreases in the amount of $3,815,071 for revenues & $2,531,394 for expenditures. Ordinance #7149-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7149-03 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. 26. Ord. 7150-03 – Amending the Capital Improvement Budget for fiscal year ending 9/31/03 to reflect a net decrease of $4,393,862. Ordinance #7150-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7150-03 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. 27. Ord. 7151-03 - Approve amendment to Chapter 33, Section 33.067 (3) of the Code of Ordinances to expand the Slow Down – Minimum Wake Zone at the entrance of Clearwater Harbor Marina Channel light no. 10 to the mean low water mark to the north, through Marina Channel day beacon no. 11 to the west and Devon Drive to the south. Ordinance #7151-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7151-03 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. 28. Ord. 7152-03 - Approve increasing City Manager approval authority and emergency bid authority to $100,000. Ordinance #7152-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7152-03 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 #29-47) – 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. 29. Approval of Purchases & Declaration of Surplus per Purchasing Memorandum: 1. Wingfoot Commercial Tire, Clearwater, Florida, purchase contract for new tires during the contract period: September 1, 2003 thru August 31, 2005 for $300,000. (GS/SW) 2. King Engineering Assoc., Tampa, Florida, Engineering design services for Skycrest traffic calming and upgrade and repair to sewer pipes at a cost of $326,418. (PW/ENG) 3. Carl Eric Johnson, Inc., Tucker, Georgia, purchase contract for Moyno pumping equipment and spare parts during the period: July 18, 2003 thru July 31, 2004 for $60,000. (PW/WPC) 4. Increations, Treasure Island, Florida, purchase contract for labor and materials for various concrete requirements during the period: August 1, 2003 thru July 31, 2004 for $225,000. (PR) 5. Tampa Bay Engineering, Clearwater, Florida, Engineering design services for Beach Pump Station Improvements Phase IV – relocation of Pump Station 16 at a cost of $71,100. (PW/ENG) 6. Declare vehicles and equipment surplus and authorize disposal through sale at Tampa Machinery Auction, miscellaneous surplus. 30. Award a contract for the construction of the new Northwest Fire Station 51 (01-0064-FI) to David Gerald Construction Company of Tampa, Florida, in the amount of $1,749,000 which is the lowest responsible bid received in accordance with plans and specifications. (FD) 31. Award a contract for the construction of the restrooms/pavilion and infrastructure improvements at Eddie C. Moore Fields 8 and 9 (03-0018-PR) to Brandon Construction of Palm Harbor, in the amount of $342,771.61, which is the lowest responsible bid received in accordance with the plans and specifications. (PR) 32. Approve position increases for the Police Department of 4.3 FTE to staff an additional fifteen school crossing guards at a cost of $19,346. (PD) 33. Approve an agreement between Clearwater Housing Authority (CHA) and the Clearwater Police Department for Clearwater Housing Authority to fund an additional 2 FTE positions providing services to Jasmine Courts for a period of two years with inclusion of a one-year renewal option at a cost of $100,000. (PD) 34. Approve agreement provisions for engineering services contracts with the firms of Jones, Edmunds & Associates, Inc.; Ayres Associates; Parsons; Wade-Trim; Tampa Bay Engineering Group, Inc.; Post, Buckley, Schuh & Jernigan, Inc.; HDR Engineering, Inc.; McKim & Creed; Grimail Crawford, Inc.; DKS Associates; Advanced Engineering & Design, Inc. and Cumbey & Fair, Inc. (PW) 35. Approve award of the construction contract for the Stevenson Creek Pump Station 2 – Force and Gas Main Replacement (Project #02-0095-UT) to R. Roese Contracting Company of Kawkawlin, Michigan, with local offices in Tampa, Florida, in the amount of $354,200 which is the lowest responsible bid received in accordance with plans and specifications. (PW) 36. Approve the final plat for “Island Townhomes” located on Brightwater Drive approximately 900 feet East of the intersection of Hamden Drive and Brightwater Drive. (PW) 37. Award a contract for the 2003 Street Resurfacing Contract (03-0019EN) to Ajax Paving Industries of Nokomis, Florida for the sum of $1,702,660.85, which is the lowest responsible bid received in accordance with the plans and specifications. (PW) 38. Accept a 187 square foot, MOL, perpetual Right-of-way and Utilities Easement conveyed by Betty J. Saliga, as Trustee, in consideration of receipt of $1500., over and across a portion of Lot 59, Ambleside Subdivision Second Addition. (PW) 39. Accept a 135 square foot, MOL, perpetual Right-of-way and Utilities Easement conveyed by William C. and Virginia G. Lupton, as Trustees, conveyed for $1.00 and other consideration over and across a portion of Lot 58, Ambleside Subdivision Second Addition. (PW) 40. Approve a contract with Arnold Brown Properties, a Florida limited partnership, to sell surplus vacant property identified as Pinellas County parcel 16-29-15-00000-120-0600 for $202,000, subject to terms and conditions contained therein, including but not limited to the buyer committing to initiating construction of a redevelopment project with an FAR of not less than 3.0 and of not less than 216,000 square feet, MOL, within 5 years of purchase. (PW) 41. Approve a contract with Gerry D. Minear and Diane K. Minear to purchase a portion of Lots 14 and 15, Pinellas Groves Sec. 12-29-15, 2150 Range Road, for $635,000 plus boundary survey and closing costs of $3500 for an estimated total of $638,500. (PW) 42. Approve the contract for the construction of a 300-space public parking garage and establish capital project funding for this construction from revenues available in the Parking System Reserve Fund in the amount of $1,450,000 (Pelican Walk Garage). (ED/HSG) 43. Appoint Commissioner Jonson as voting delegate to Florida League of Cities Conference, August 14-16, 2003. (ORLS) 44. Brownfields Advisory Board – Reappoint Karen Fenton and Rev. William F. Sherman, Sr. (ORLS) 45. Enterprise Zone Development Agency – Reappoint Isay Gulley (Non-Profit), Bob Kinney (Local Chamber of Commerce), and Bob Fernandez (Resident). (ORLS) 46. Parks and Recreations - Appoint Allen Weatherilt. (ORLS) 47. Community Relations Board – Appoint Captain Anthony Holloway as the new non-voting member. (ORLS) Commissioner Hibbard 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 48. Adopt a tentative millage rate of 5.753 mills for fiscal year 2003/04 and set public hearings on the budget for 09/04/03 and 09/18/03 to be held no earlier than 6:00 p.m. (BU) In accordance with the TRIM Bill process it is necessary for the City Commission to adopt a tentative millage rate prior to finalizing and adopting the budget. The tentative millage rate will be included in the TRIM Bill notices sent to taxpayers in early August and cannot be increased without a special mailing. The City Manager’s recommended millage rate of 5.753 mills is the same millage rate as adopted for the current year. The rolled back rate, according to State definition, is the millage rate that will provide the same ad valorem tax revenue as was levied the prior year. If the recommended rate of 5.753 mills is adopted, the City’s ordinance adopting the millage rate will reflect a 7.39% increase over the rolled back rate of 5.3571 mills. The effect of the recommended rate of 5.753 mills on an individual Clearwater taxpayer: If an individual’s property tax value has not increased (i.e., no reassessment), there would be no increase in the City of Clearwater’s share of property tax. If an individual’s property tax value has increased (i.e., reassessment), the tax increase would be the same percentage increase (a 3% increase in value would result in a 3% increase in the City of Clearwater’s share of property taxes). Budget Director Tina Wilson said the final millage rate would be set in September. She reviewed the proposed budget, operating issues, financial impacts, new positions and budget meeting schedule. Commissioner Gray moved to adopt a tentative millage rate of 5.753 mills for fiscal year 2003/04 and set public hearings on the Budget for September 4, 2003 and September 18, 2003 to be held no earlier than 6:00 p.m. The motion was duly seconded and carried unanimously. 49. First Reading Ord. 7123-03 to adopt the restatement of the City of Clearwater Money Purchase Plan document. (HR) The City 401A Money Repurchase Plan must be edited to reflect (a) changes required to comply with the changes in tax laws and (b) changes to the Employer contribution provisions that have been adopted. The Plan must be restated to comply with recent tax laws collectively known as GUST (the first letter of 4 new tax laws affecting qualified retirement plans that include: General Agreement of Tariffs and Trade, Uniform Services Employment and Reemployment Rights Act, Small Business Job Protection Act, Taxpayer Relief Act). The following is a list of changes in the tax laws with which government plans must comply: 1. IRC Section 414 (Definitions and Special Rules) was amended to include severance pay as part of Employer paid compensation; 2. IRC Section 401(a)(9), which governs required distributions, has changed and applies if a trust is named as a beneficiary of an employee's benefit under a retirement plan; 3. Provisions of USERRA (Uniform Services Employment and Reemployment and Rights Act) dealing with reemployed veterans must be incorporated into the Plan to allow the suspension of loan repayments during a participant’s military leave; 4. The amendments to IRC Section 415 must be applied to increase defined contribution plan limitations from $30,000 to $40,000 for the Plan Year. This limitation is subject to independent cost-of-living adjustments as announced by the Internal Revenue Service. Other tax law amendments in 2001 known as "EGTRRA" (Economic Growth and Tax Relief Reconciliation Act of 1996) made numerous beneficial changes to retirement plan provisions and require a good faith attempt to make the plan comply with its provisions before the plan year ending September 30, 2002, for government plans. Therefore, these EGTRRA changes must be incorporated into the GUST restatement document. Following is a list of changes made by EGTRRA which apply to government plans: 1. Compensation limits have been increased to $200,000 to years after July 1, 2002; 2. If the Plan accepts rollovers, it must allow for direct rollovers; 3. The acceptance of rollover contributions has been made more flexible, and rollovers are permitted between 457(b), 403(b) and 401(a) plans; Provides for the disregard of rollovers to determine involuntary distributions. This will disallow plan sponsors to make involuntary distributions payable directly to the participant for accounts greater than $1,000. Plan sponsors will have to select a designated IRA and transfer the terminated participant’s account balance into the designated IRA. Commissioner Hamilton moved to adopt the restatement of the City of Clearwater Money Purchase Plan document. The motion was duly seconded and carried unanimously. Ordinance #7123-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7123-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 50. First Reading Ord. 7154-03 repealing Ord 7015-02, which amended paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinances adding a new designated slow-down minimum wake zone off Marina Del Rey and Isle of Sand Key. (MR) The Florida Fish and Wildlife Conservation Commission has denied our request to extend the wake zone outside the channels of Marina Del Rey and Isle of Sand Key. They state that the current regulation of the three (3) canals is sufficient and that vessels should have already come down off plane before actually reaching or entering the mouths of each canal. Vessels leaving these areas, should already be traveling at slow speed. The decision, on the part of the Fish and Wildlife Conservation Commission Division of Law Enforcement Boating Safety and Waterway Management, is consistent with the desire to control excessive regulations that restrict the boating public enjoyment of our waterways. Commissioner Gray moved to repeal Ordinance No. 7015-02, which amended paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow down minimum - wake zone off Marina Del Rey and Isle of Sand Key. The motion was duly seconded and carried unanimously. Ordinance #7154-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7154-03 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. 51. First Reading Ord. 7100-03 amending Sec 22.82 Special Events Applications relating to insurance requirements. (PR) On January 18, 2001, the City Commission approved a series of amendments to the Special Events Ordinance as recommended by the Special Events Committee. The rewrite of the Special Events Procedure Manual and the new ordinance have worked extremely well. One of the tasks of the Special Events Committee is to continue to review and update the Special Events Ordinance as needed. The Committee has determined that several revisions are needed in the insurance section of the ordinance. They are as follows: Change the provision from when a liability insurance policy is required by the applicant from “50 persons or more” to “75 persons or more”. Add language that would require liability insurance for special events that involves a parade, march or rally upon public roadways in Clearwater; involves potentially dangerous games, rides, or activities; uses commercial vendors, or concessionaires. Reflect the amount of liability insurance be equal to, or greater than, the minimum amount as set by the City of Clearwater’s Risk Manager. Reflect the amount of motorized vehicle insurance required be equal to, or greater than, the minimum amount as set by the City of Clearwater’s Risk Manager for property damage and bodily injury coverage. The purpose of the proposed revisions is not only to clarify the insurance section but to also provide additional protection for the applicant, participants, spectators and the City in regards to Special Events. These changes will have minimal impact to applicants in that most are currently complying with these standards on a volunteer basis and in many cases have liability policies in amounts far greater than what is being requested. It was remarked that this ordinance would not prevent small grassroots groups from participating in special events. Commissioner Jonson moved to approve amending Section 22.82 of the City of Clearwater Special Events Ordinance relating to insurance requirements as recommended by the City Special Events Committee. The motion was duly seconded and carried unanimously. Ordinance #7100-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7100-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, and Hibbard. "Nays": None. Absent: Aungst and Gray. 52. IAFF Union Negotiations Update Mr. Roseto said the City negotiated a tentative three-year agreement with the firefighters’ union which includes a two percent general wage increase with a step system retroactive to last October. The union is presenting the agreement for a ratification vote the first week in August. CITY ATTORNEY REPORTS 53. Other City Attorney Items – None. 54. City Manager Verbal Reports Assistant City Manager Garry Brumback announced the City came in second in the Southeast Regional Lifeguard Competition. 55. Commission Discussion Items Discussion ensued regarding the Commission’s stance on the fluoridation of water. Commissioner Jonson moved to defer making any comment to the County one way or the other. There was no second. Commissioner Gray moved to pass on staff’s recommendation to the County to defer their decision regarding fluoridation of water until the study being done by the Academy of Science and sponsored by the Environmental Protection Agency is completed. The motion was duly seconded, and upon the vote being taken, Commissioners Gray, Hamilton, and Hibbard voted “aye”; Commissioner Jonson voted “nay”; Mayor Aungst “absent.” Motion carried. 56. Other Commission Action Commissioner Hibbard congratulated Carolyn Brink for receiving the Employee of the Month award. He thanked Parks and Recreation Department for their efforts in the July 4 celebration in Coachman Park. He attended the Fantasy of Lights in Clearwater Beach. He encouraged everyone to view the Town Lake at night. Commissioner Gray noted it was her son who handed the flowers to Carolyn Brink in recognition of Employee of the Month. She said when they visit City Hall, Carolyn spoils her children. She said Carolyn is kind and considerate to everyone. She attended a groundbreaking for a new office complex on Drew Street. Commissioner Jonson congratulated Carolyn Brink on her outstanding service to the City. He welcomed Betty Blunt back and said she has been missed. He congratulated Thomas & Mayme Hodges on their 50th wedding anniversary and Bob Carpenter on his 90th birthday. He said many volunteers participated in the Children’s Health Fair at the Long Center and thanked Doug Williams for his efforts. Jonson represented the City in presenting a birthday card to Michael DelMonte of Beckett Lake on his 100th birthday. Commissioner Hamilton echoed the Commission’s sentiments regarding Carolyn Brink. He welcomed Betty Blunt back. He wished the Public Works Administrator, Mashid Arasteh, Happy Birthday. He invited everyone to attend a public meeting at the Harborview Center on July 22 regarding the Bayfront Marina, a July 29 groundbreaking ceremony at 10:00 a.m. for the new Northwest Fire Station at Betty Lane and Overbrook Avenue and a public meeting at the Harborview Center on July 30 at 6:00 p.m. regarding the downtown. He announced the July 30 Legislative Breakfast is scheduled for 7:30 a.m. at the Countryside Country Club. He announced the next work session is August 4. 57. Adjournment The meeting adjourned at 8:16 p.m.