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08/07/2003CITY COMMISSION MEETING CITY OF CLEARWATER August 7, 2003 Present: Brian J. Aungst Mayor/Commissioner 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 Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner Hibbard offered the invocation. The Mayor led the Pledge of Allegiance. 3. Introductions, Awards and Presentations a) 2003 State Legislative Wrap-Up - Representative Kim Berfield Representative Kim Berfield reviewed legislative issues addressed this year. The Mayor presented her with a plaque in appreciation of work done during the 2003 legislative session. b) Florida State USSSA State Championship Winners - Clearwater Heatwave 10 - U Boys. The Commission recognized team members for winning the Florida State USSSA State Championship. c) Clearwater Little League Majors Division All Star Team for winning District 12 Championship. The Commission recognized team members for winning the District 12 Championship. d) Proclamation: Clearwater Fire Fighters Appreciation Week - August 11-15, 2003. 4. Approval of Minutes Commissioner Hamilton moved to approve the minutes of the regular meeting of July 17, 2003, as recorded and revised by the City Clerk and submitted to each Commissioner. The motion was duly seconded and carried unanimously. 5. Citizens to be heard re items not on the Agenda: John Doran said the new bridge span now seems to be near level and he is glad physics and the roundabout still work. Edward Hopwood, representing the Pinellas County Dental Association, requested the Commission reconsider its decision and support the addition of fluoride to County water. Suzanne Boshan and Marcia Lambert spoke against closing the beach library and Ms. Boshan presented a petition in opposition to that proposal. PUBLIC HEARINGS 6. Public Hearing & First Reading Ord. 7164-03 - Approve the applicant’s request to vacate a drainage and utility easement and a sanitary easement portion located on Lot 1, Bradford Court. (V2003-09 KB Home Tampa, LLC) The subject property is in the process of being replatted and is to be developed into an 80-lot development to be known as Waterford Townhomes. The drainage and utility easement was created in 1978 to provide a retention pond for treatment of runoff from an adjacent property. The applicant has designed a new stormwater system for the subject property that will continue to handle the runoff from the adjacent property in a manner that meets all City and State permitting requirements. The 15-foot sanitary easement portion to be vacated is located approximately 5-feet west of the existing sanitary sewer line the easement was created to protect. The applicant will dedicate a new 15-foot sanitary easement centered over the existing sanitary sewer. The Planning Department has issued a Development Order approving the proposed townhouse development and has no objections to the vacation request. Progress Energy, Bright House, Verizon, and Verizon Media Ventures have no objections to the vacation request. Public Works Administration has no objections to the vacation request. Commissioner Hamilton moved to approve the applicant's request to vacate a drainage and utility easement and a sanitary easement portion located on Lot 1, Bradford Court. The motion was duly seconded and carried unanimously. Ordinance #7164-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7164-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 7. Public Hearing & First Reading Ord. 7165-03 - Approve the applicant’s request to vacate Penmar Drive right-of-way from the easterly right-of-way line of Bayview Avenue to the easterly terminus of Penmar Drive right-of-way, and retain a drainage and utility easement over the entire width of the right-of-way to be vacated. (V2003-10 Our Lady of Divine Providence) The applicant is seeking the vacation in order to incorporate the vacated street portion into the property to help facilitate future redevelopment of the site. The applicant owns all of the property adjoining Penmar Drive and no property will lose access to a street as a result of the vacation. The Planning Department has no objections to the vacation request. Bright House has no objections to the vacation request. Progress Energy, Verizon, and Verizon Media Ventures have no objections to the vacation request provided that a utility easement is retained. The City has a 4-inch water line, a 2-inch gas line, and an 8-inch sanitary line in the subject right-of-way portion. Public Works Administration has no objections to the vacation request as long as a drainage and utility easement is retained over the full width of the right-of-way. Commissioner Gray moved to approve the applicant’s request to vacate Penmar Drive right-of-way from the easterly right-of-way line of Bayview Avenue to the easterly terminus of Penmar Drive right-of-way, and retain a drainage and utility easement over the entire width of the right-of-way to be vacated. The motion was duly seconded and carried unanimously. Ordinance #7165-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7165-03 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. Declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation (“Grantee”) a 10-foot wide Easement Area defined as lying 5 feet each side of Grantee’s facilities to be installed at mutually agreed upon locations over, across and through a portion of the SE 1/4 of the SW 1/4 of Section 08-29-16, as more specifically described in said Utility Distribution Easement. Two new ball fields and amenities that will replace the old Chesapeake Park field and the former Bomber Stadium field are under construction on a five-acre site on Drew Street, immediately west of Eisenhower School. Much of the ball field complex, known as Eddie C. Moore 8 & 9, is being developed by City staff from Engineering, Public Works, and the Parks and Recreation Department. The entire project is scheduled for completion by December 2003. Progress Energy will deliver electrical service for the lighting systems and all of the electrical equipment serving the Eddie C. Moore 8 & 9 ball fields complex. The subject Utility Distribution Easement grants Progress Energy easement and authority 5 feet each side of all of its distribution lines throughout the project in order to facilitate installation, maintenance, and, if necessary, future relocation of such facilities as may be mutually agreed upon between the City and Progress Energy. Commissioner Hamilton moved to declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee") a 10-foot wide Easement Area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, as more specifically described in said Utility Distribution Easement. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances 9. Ord. 7100-03 - Amend Sec 22.82 Special Events Applications relating to insurance requirements. Ordinance #7100-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7100-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 10. Ord. 7123-03 - Adopt the restatement of the City of Clearwater Money Purchase Plan document. Ordinance #7123-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7123-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 11. 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) Ordinance #7140-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7140-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 12. Ord. 7143-03 – Approve the petition for Annexation of property located at 2040 Range Road at a portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008 (Colontonio’s Fine Foods, Inc.) Ordinance #7143-03 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7143-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 13. Ord. 7144-03 - Approve a Land Use Plan Amendment from County Industrial Limited (IL) to City Industrial Limited (IL) for 2040 Range Road, at a portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008 (Colontonio’s Fine Foods, Inc.) Ordinance #7144-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7144-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 14. Ord. 7145-03 - Approve a Zoning Atlas Amendment from the County M-1, Light Manufacturing and Industry, to City IRT, Industrial, Research & Technology District for 2040 Range Road, at a portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008 (Colontonio’s Fine Foods, Inc.) Ordinance #7145-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7145-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 15. Ord. 7146-03 – Approve the petition for Annexation for 2500 Sunset Point Road at Lot 41, Skyline Groves in Sec 06-29-16. ANX2003-04009 (Robert L. and Marcia A. Warren) Ordinance #7146-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7146-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 16. Ord. 7147-03 - Land Use Plan Amendment from County Commercial General (CG) to City Commercial General (CG) for 2500 Sunset Point Road at Lot 41, Skyline Groves in Sec 06-29-16 ANX2003-04009 (Robert L. and Marcia A. Warren) Ordinance #7147-03 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7147-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 17. Ord. 7148-03 - Zoning Atlas Amendment from the County C-1, Neighborhood Commercial District, to the City C, Commercial District for 2500 Sunset Point Road at Lot 41, Skyline Groves in Sec 06-29-16. ANX2003-04009 (Robert L. and Marcia A. Warren) Ordinance #7148-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7148-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 18. Ord. 7154-03 - Repeal 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. Ordinance #7154-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7154-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. CITY MANAGER REPORTS 19. Approval of Purchases per Purchasing Memorandum: a) Fleet Products, Inc., Tampa, Florida for a purchase contract for vehicle replacement parts during the contract period: 10/01/03 through 06/07/04 for $150,000. GS/SW b) Florida Department of Transportation, Tampa, Florida, Change Order for utility relocation construction for $224,521.40 an increase of $24,521.40. PW/ENG In response to a question, regarding utility relocation, City Engineer Mike Quillen said the City is paying costs to relocate only sanitary sewer and water lines. In response to a question, Mr. Quillen reported the FDOT (Florida Department of Transportation) resurfacing road project on Alternate US 19 (Ft. Harrison Avenue) from Largo north to Drew Street is scheduled for completion at the end of October. An extension has been granted so that work to resurface the section north from Drew Street to Dunedin will begin in January 2004. It was requested staff review with FDOT the paving project on Alternate US 19 north from Drew Street and its possible impact on Spring Break traffic. Commissioner Hamilton moved to approve the Purchases per the Purchasing Memorandum and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 20. Award a contract to Briggs Equipment, Rivera Beach, Florida, in the amount of $39,641 for the purchase of one (1) New Case 588G Forklift in accordance with Section 2.564(1)(d), Code of Ordinances - Florida State Contract #760-001-03-1. (CGS) This is an additional Forklift to be added to the Fleet to meet increased operational safety requirements in support of Clearwater Gas System operations. Over the last ten fiscal years, Clearwater Gas System has expanded its customer base from 11,256 to 16,792 customers and expanded into Pasco County. With this rapid expansion and increased profitability, Clearwater Gas System has ordered material, LP Tanks, and appliances in larger quantities to reduce costs and increase profitability. Our current 3,000-pound capacity forklift no longer meets operational or safety requirements. The new Case 588G, 8,000-pound capacity forklift will allow Clearwater Gas System to meet current and future operational and safety requirements. Clearwater Gas System coordinated with Fleet to insure that the new Forklift could handle the heaviest loads, which include LP tanks and bundles of polyethylene pipe while meeting all safety requirements. Commissioner Gray moved to award a contract to Briggs Equipment, Riviera Beach, Florida, in the amount of $39,641, for the purchase of one New Case 588G Forklift in accordance with section (d), Code of Ordinances - Florida State Contract #760-001-03-01 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 21. Approve a Post-Closing Agreement between Home Depot U.S.A., and the City of Clearwater to amend the amount of time to purchase materials for the Community Sports Complex project and qualify for the return of $75,000 of the purchase price for the Home Depot building acquisition. (PR) On April 4, 2002, the City Commission approved a Purchase and Sale Agreement between the Home Depot, U.S.A. and the City of Clearwater for the purchase of a vacant Home Depot building for development of the new Community Sports Complex. A provision in the Purchase and Sale Agreement provides for a return of $75,000 of the purchase price if $250,000 in materials is purchased from Home Depot towards the development of the Community Sports Complex. The Agreement calls for the $250,000 in materials to be purchased by August 25, 2003. Based upon the construction schedule, the $250,000 worth of materials will not be secured prior to August 25, 2003. The Post-Closing Agreement allows for the extension of time to purchase the materials and qualify for the return of the $75,000 through December 22, 2003. All necessary materials will be purchased at this point based upon the construction schedule. There is no expense associated with the execution of this Agreement. Home Depot was thanked for their gracious cooperation. Commissioner Hamilton moved to approve a Post-Closing Agreement between Home Depot U.S.A., and the City of Clearwater to amend the amount of time to purchase materials for the Community Sports Complex project and qualify for the return of $75,000 of the purchase price for the Home Depot building acquisition and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 22. Accept a 4,033 square-foot, MOL, Sanitary Easement conveyed by Morton Plant Hospital Association, Inc. on June 2, 2003, over and across a portion of the NE 1/4 of the NE 1/4 of Section 21-29-15. (PW) Morton Plant Hospital Association, Inc. purchased the subject property in 1999 for the purposes of constructing a child development center as identified in the Morton Plant Hospital Campus Master Plan, as amended. Development of the 10,000 square foot center necessitated relocation of an existing sanitary line that traversed the entire length of the site beneath the proposed center. The subject grant establishes a ten-foot easement corridor within which an 8-inch sanitary line will be constructed and routed around the footprint of the new center. The former sanitary line lay within a ten-foot easement granted in 1940 that terminated 30 years following the grant. The grant expiration precludes the need to vacate the prior easement. Commissioner Jonson moved to accept a 4,033 square foot, more or less, Sanitary Easement conveyed by Morton Plant Hospital Association, Inc. on June 2, 2003 over and across a portion of the Northeast 1/4 of the Northeast 1/4 of Section 21, Township 29 South, Range 15 East, as more particularly describe therein and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 23. Approve the final plat for “Brightwater Cove” located on Brightwater Drive approximately 400 feet east of the intersection of Hamden Drive and Brightwater Drive. (PW) This proposed subdivision will replat lots 50-52, Bayside Subdivision No. 2. The applicant is proposing to redevelop the property with 9 Townhomes (attached dwellings). The Community Development Board approved the site plan on April 18, 2003. Commissioner Gray moved to approve the final plat for “Brightwater Cove” located on Brightwater Drive approximately 400 feet east of the intersection of Hamden Drive and Brightwater Drive and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 24. Accept a 701 square-foot, MOL, perpetual Right-of-Way and Utilities Easement granted by the School Board of Pinellas County, Florida, conveyed for $1 and other consideration, over and across a portion of the SE 1/4 of the NE 1/4 of Section 11-29-15. (PW) In the late 1990s, residents of Grandview Terrace and Ambleside subdivisions were concerned with increasing vehicle traffic and pedestrian safety within their neighborhood. Concerned neighbors worked with City Engineering staff to develop a traffic calming plan designed to reduce vehicle speeds within the area and improve neighborhood esthetics. The resulting plan included development of two roundabouts, three mini-circles, several medians and speed tables, and replacement of a number of stormwater pipes and structures. The subject Right of Way and Utilities Easement allows widening the turn radius at the northeast corner of Casler Avenue and Palmetto Street, one of five such easements obtained to facilitate construction of the roundabout and pedestrian improvements at that intersection. The easement also will accommodate construction of paved walkways about 40 feet back from the intersection on both Casler Avenue and Palmetto Streets that will connect to a central walkway leading up to the main entrance of Kennedy Middle School. The improvements will encourage students to cross both roadways at a safe distance from the roundabout. It is anticipated the roundabout and other intersection improvements will be completed prior to classes resuming at Kennedy Middle School in August. Commissioner Hibbard moved to accept a 701 square-foot, more or less, perpetual Right of Way and Utilities Easement granted by the School Board of Pinellas County, Florida, conveyed for $1 and other consideration, over and across a portion of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 29 South, Range 15 East, as more particularly described therein and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 25. Accept a 57 square-foot, MOL, perpetual Right-of-Way and Utilities Easement granted by George S. and Margaret R. Bryant, conveyed for $2,200 and other consideration over and across a portion of Lot 90, Ambleside Subdivision 2nd Addition. (PW) In the late 1990s, residents of Grandview Terrace and Ambleside subdivisions were concerned with increasing vehicle traffic and pedestrian safety within their neighborhood. Concerned neighbors worked with City Engineering staff to develop a traffic calming plan designed to reduce vehicle speeds within the area and improve neighborhood esthetics. The resulting plan included development of two roundabouts, three mini-circles, several medians and speed tables, and replacement of a number of stormwater pipes and structures. The subject Right-of-Way and Utilities Easement allows widening the turn radius at the northwest corner of Casler Avenue and Palmetto Street, and is one of five such easements obtained to facilitate construction of the roundabout and pedestrian improvements at that intersection. In consideration of the Grantor conveying the easement, the City contractor will remove a diseased palm tree adjacent to the easement area, and reconstruct the Grantor's driveway, the total cost of which is estimated at $2,200. It is anticipated the roundabout and other intersection improvements will be completed prior to classes resuming at Kennedy Middle School in the fall. Commissioner Hamilton moved to accept a 57 square-foot, more or less, perpetual Right-of-Way and Utilities Easement granted by George S. and Margaret R. Bryant, conveyed for $2,200 and other consideration over and across a portion of Lot 90, Ambleside Subdivision, Second Addition, as more particularly described therein and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 26. Accept a Water, Sanitary and Utilities Easement from Gary G. Halverson, Inc., conveyed for $1 and other consideration, over and across portions of Lot 1, Loehmann’s Plaza. (PW) Gary G. Halverson, Inc. is developing an office condominium project at 2500 Northeast Coachman Road, just west of the Wal-Mart store. The project consists of two 4,400 square-foot office buildings. The City will be providing water and sanitary services to the development. The subject easement grants the City a ten-foot water and utilities easement within which to maintain any City water mains to the project up to and including all hydrants and meters, but excluding all service lines and any mains that may lie under or within five feet of buildings. The easement also conveys authority over the westerly 8 feet of the site for the City to maintain the property's 6-inch sanitary service line. Commissioner Jonson moved to accept a Water, Sanitary and Utilities Easement from Gary G. Halverson, Inc., conveyed for $1 and other consideration, over and across portions of Lot 1, Loehmann’s Plaza, as more particularly described therein and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 27. First Reading Ord. 7182-03 to approve amendment to Chapter 51, Section 51.08 of the Code of Ordinances to provide for the use of newly released flood insurance rate maps. (PW) The City of Clearwater participates in the National Flood Insurance Program. Section 1361 of the National Flood Insurance Act of 1968, as amended, requires that the City show evidence of adoption of floodplain management regulations that meet the standards of Section 60.3 of the National Flood Insurance Program. Chapter 51 of the Code of Ordinances contains these required floodplain management regulations, including the effective date of the flood insurance rate maps to be used. The flood insurance rate maps from 1983 referenced in Chapter 51 are being superceded by revised rate maps effective September 3, 2003, consequently this Code section must be updated. There are no significant changes in the new base flood elevations, which would adversely impact properties in the City. In response to a question, Mr. Quillen said amendments to the map have little effect on Clearwater. Commissioner Gray moved to approve amendment to Chapter 51, Section 51.08 of the Code of Ordinances to provide for the use of newly released flood insurance rate. The motion was duly seconded and carried unanimously. Ordinance #7182-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7182-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 28. Adopt Res. 03-27 authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of 472 feet of 54-inch storm pipe and 52 feet of twin 50-inch x 30-inch box culvert in the CSX right-of-way, and approve Pipeline Crossing Agreement No. CSX-045328 at a cost of $12,240. (PW) The project will not affect street flooding on North Martin Luther King Avenue. CSX does not pay the City for use of its rights-of-way. Other utilities pay for use of City rights-of-way through franchise frees. A work order for consultant services was approved on April 4, 2003 for design, preparation of construction plans, permitting, and limited construction management for the Palmetto Street Improvements Project. As part of this project the City desires to construct 472 feet of 54-inch storm pipe and 52 feet of twin 50-inch x 30-inch box culverts. The 54-inch storm pipe and 50-inch x 30-inch box culvert run parallel to the CSX Railroad and begin approximately 0.10 miles southwest of Palmetto Street and extends 800 feet to Stevenson Creek. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline line underneath their railway system. The cost to the City will be $12,240 for a one-time license fee. Commissioner Hamilton moved to approve authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of 472 feet of 54-inch storm pipe and 52 feet of twin 50-inch x 30-inch box culvert in the CSX right-of-way and approve Pipeline Crossing Agreement No. CSX-045328 at a cost of $12,240 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Resolution #03-27 was presented and read by title only. Commissioner Jonson moved to pass and adopt Resolution #03-27 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 29. Appoint one member to the Environmental Advisory Board (ORLS) Commissioner Gray moved to appoint Judy McSwine. The motion was duly seconded and carried unanimously. 30. Update re: IAFF Negotiations - None. 31. Other Pending Matters - None. CITY ATTORNEY REPORTS 32. Other City Attorney Items a) Amend the FY02-03 Professional Services budget for the City Attorney’s Office to add $50,000 for a total of $325,000. (CA) The City of Clearwater has been served with several lawsuits in the recent past that have been assigned to outside counsel by the City Attorney's Office because of the expertise necessary for the best defense of the lawsuits. The Professional Services budget for the City Attorney's Office is currently $275,000, and has been at the same level since Fiscal Year 2000-2001, which was a 1% decrease from the previous fiscal year budget. Several cases in particular have proven very expensive to defend. Granite State Outdoor Advertising v. City of Clearwater, et. al. was filed in October 2001, and has cost the City Attorney's Office $207,497.02 in outside counsel services and expenses to date; National Advertising Company v. City of Clearwater was filed in May 2000, and has cost $104,674.24 to date; Katherine Palisano v. City of Clearwater was filed in December 2001 and has cost $205,005.41 to date. The Palisano case, which is an employment discrimination case, has been much more costly than originally anticipated. The Plaintiff's attorney has conducted numerous depositions that have resulted in higher than anticipated costs. A one time addition of $50,000 to the City Attorney's Professional Services budget is requested to provide funds necessary for these and other necessary outside counsel charges. Commissioner Jonson moved to amend the FY 02-03 Professional Services Budget for the City Attorney's Office to add $50,000 for a total budget of $325,000. The motion was duly seconded and carried unanimously. 33. City Manager Verbal Reports - None. 34. Commission Discussion Items: a) Proposed Amendment to Florida League of Cities’ Charter. Commissioner Jonson reviewed an amendment to the Florida League of Cities Charter, proposed by the City of North Point, to exclude counties from FLC (Florida League of Cities) membership. Pinellas County is one of 18 county members. The FLC Board of Directors opposes the amendment. Commissioner Hamilton moved for Clearwater to oppose the proposed amendment to exclude counties from FLC membership. The motion was duly seconded and carried unanimously. b) Florida League of Cities Officers Election (Board of Directors). Commissioner Jonson reviewed the slate of candidates. c) Reconsideration of the Old Bay Character District South Transition. Commissioner Jonson referenced the August 5, 2003 meeting, where the City Commission had expanded the Downtown Character zone north into the Old Clearwater Bay Character District. In regard to the area abutting Coachman Park south of Drew Street, east of Clearwater Harbor, south of Jones Street, and west of N. Osceola Avenue, he said the change increased the FAR limit from 0.5 to 4.0 and increased the height from 150 feet to unlimited. In regard to the area south of Drew Street, east of N. Osceola Avenue, south of Jones Street, and west of N. Ft. Harrison Avenue, he said the change increased the FAR limit from 0.5 to 4.0 and increased the height from 40 feet to unlimited. He said a lower height would be more appropriate and recommended the entire area return to the Old Clearwater Bay Character District, with a FAR limit of 0.5 and 150-foot height limit. Planning Director Cyndi Tarapani said buildings in the subject area feature up to 6 stories, and are up to 70 feet in height. Assistant City Manager Ralph Stone said staff would support the change. Commissioner Gray moved to reconsider the action re the area north of Drew Street, east of Clearwater Harbor, south of Jones Street and west of N. Ft. Harrison Avenue, taken at the August 5, 2003 Special Commission meeting. The motion was duly seconded and carried unanimously. Commissioner Jonson moved to designate the area north of Drew Street, east of Clearwater Harbor, south of Jones Street and west of N. Ft. Harrison Avenue as part of the Old Bay Character District with building heights limited to 150 feet and a FAR limit of 0.5. The motion was duly seconded and carried unanimously. d) Countryside Cougar Article Commissioner Hibbard stated the editor of the Countryside Cougar had asked him to write an informational column for the publication. It was suggested the editor may be interested in rotating column authorship among Commission members. Consensus was to support Commissioner Hibbard writing an informational column for the Countryside Cougar. 35. Other Commission Action Commissioner Hibbard said he recently visited the Phillies Stadium/Community Sports Complex and reported the project is coming along well. Commissioner Hibbard said he had enjoyed attending the groundbreaking for the new Northwest Fire Station. Commissioner Hibbard welcomed back Bob Bickerstaffe to the audience. Commissioner Hibbard sent prayers and good wishes for the recovery of Art Kader, who is hospitalized. Commissioners Gray and Hamilton said school is back in session and reminded residents to drive carefully and observe school zone speed limits. Commissioner Jonson said he had enjoyed last week’s Chamber legislative breakfast. Commissioner Jonson said the legislative session will start soon and encouraged work on the City’s legislative agenda begin. Commissioner Jonson encouraged Commissioners to attend next Thursday’s advocacy committee meeting at the Florida League of Cities conference. Commissioner Jonson said on July 28, 2003 he had joined the Economic Development team at the offices of Great Companies LLC, an investment organization. Commissioner Jonson reported a US 19 construction update meeting is scheduled at Countryside Mall at 8:00 a.m. on August 20, 2003. Commissioner Jonson recommended residents act like tourists and eat at a beach restaurant. Commissioner Jonson asked residents to remember to pick up litter so we have a Sparkling Clearwater. Commissioner Hamilton apologized for the delay of the Commission’s return from Philadelphia, which resulted in cancellation of last Monday’s Work Session. Commissioner Hamilton wished his wife a happy anniversary in July and a happy birthday in August. Commissioner Hibbard wished his wife a happy birthday. Mayor Aungst requested those with questions related to school “choice” to please contact Pinellas County Schools. Mayor Aungst said he enjoyed last weekend’s trip to Philadelphia with the Chamber of Commerce and visiting the Phillies new stadium, where he announced one inning of the ballgame on local radio and discussed Clearwater. Mayor Aungst reported the grand opening of the Chick-Fil-A on Gulf-to-Bay Boulevard is scheduled for August 14, 2003. Mayor Aungst announced a Special Budget Work Session is scheduled for August 19, 2003 at 9:00 a.m. Mayor Aungst expressed condolences to Duke Tieman on the loss of his daughter. Mayor Aungst reported the next Work Session is scheduled for August 18, 2003 at 9:00 a.m. 36. Adjournment The meeting adjourned at 7:12 p.m.