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12/10/2001 CITY COMMISSION WORK SESSION CITY OF CLEARWATER December 10, 2001 Present: Brian J. Aungst Mayor/Commissioner – departed 4:25 p.m. Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner – absent from 4:30 to 5: 32 p.m. Hoyt P. Hamilton Commissioner William C. Jonson 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 meeting was called to order at 1:00 p.m. at City Hall. Service Awards Two service awards were presented to City employees. Blair Coy, Gas System, was presented the December 2001 Employee of the Month award. The Team Award of the Quarter was presented to the Sign and Signal Shop Team in the Traffic Operations Department. The City Commission recessed from 1:10 to 1:11 p.m. to meet as the Pension Trustees. PRESENTATIONS MPO Projects Update - Sarah Ward, MPO Sarah Ward, representing the MPO (Metropolitan Planning Organization), reviewed the MPO board’s make up, responsibilities, and the 2025 long-range transportation plan. City Engineer Mike Quillen said Alternate US 19 will connect Missouri Avenue and Myrtle Street via Court/ Chestnut. PUR PURCHASING 1) Purchase 2002 Bobcat 873 G Series loader with attachments, Bobcat Company, $22,985 2) Purchase two 2002 Heil DPE-28 side loader bodies, Jim Hardee Equipment, $134,240 3) Purchase two 2002 Peterbilt cab/chassis model 320, Peterbilt of Central Florida, $164,956 4) Purchase three 2002 Crane Carrier cab/chassis with Loadmaster Excel 25-yard rear loader, Container Systems & Equipment Company, $415,185 mws1201 1 12/10/01 5) Purchase contract - tire service December 17, 2001 through December 31, 2003 - Wingfoot Commercial Tire System, $240,000 6) Purchase contract - group term life insurance for supervisory, administrative, managerial and professional employees during contract period January 1, 2002 through December 31, 2002 - Reliastar Life Insurance - $70,000 estimated 7) Purchase fiber optic network switching/related equipment - Ikon Office Solutions, $50,293 8) Purchase contract - fencing material/installation, January 1, 2002 through December 31, 2002, Smith Fence Company, $200,000 9) Purchase 2002 Case 580 Super M loader with backhoe, Briggs Equipment, $45,055 10) Purchase two 2002 GMC Sonoma extended cab pickup trucks, Garber Auto Mall, $31,912 11) Purchase two 2002 GMC Sonoma extended cab pickup trucks, Garber Auto Mall, $29,534 12) Service agreement evaluation of Water Pollution Control facility discharge/mixing zones, Parsons Engineering Science, $59,418 13) Declare surplus and authorize disposal of vehicles and equipment Regarding Item 8, Purchasing Manager George McKibben said the permanent fencing will be purchased through a Pinellas County cooperative contract and installed at different projects. Regarding Garber Auto Mall, purchases were listed separately as money was transferred. Regarding Item 10, one truck is a replacement and one is for a special project. Regarding Item 11, the City Commission previously approved this purchase. ED ECONOMIC DEVELOPMENT Approve agreement with HDR Engineering, Inc., for $70,000 for the completion of the North Greenwood Economic Development Strategy The City received a $35,000 grant from USEDA (U.S. Department of Commerce Economic Development Administration) under Section 209-Economic Adjustment Assistance Program to conduct an Economic Redevelopment Strategy for the northern portion of the Clearwater Brownfields Area with a focus on the North Greenwood community. On January 18, 2001, the City Commission approved use of $35,000 in CDBG (Community Development Block Grant) funds to match the EDA grant. On July 10, 2001, in response to a RFP (Request for Proposals) staff received proposals: 1) Economic Research Associates; 2) Florida Planning Group, Inc.; 3) HDR Engineering, Inc.; 4) Hunter Interest, Inc.; 5) PROJECT International; and 6) RMPK Group, Inc. The RFP selection committee selected HDR Engineering, in association with Urbanomics and Trent Green, as the most responsive firm to the RFP and recommended award of $70,000 to HDR to complete the Economic Redevelopment Strategy. The contract’s intent is to inventory, analyze, and provide strategies regarding economic development opportunities in North Greenwood. Key tasks include an assessment of the North Greenwood commercial corridor, Jack Russell Stadium property, and the neighborhood’s market potential. Completion is anticipated in June 2002. Assistant City Manager Ralph Stone said assessment results will identify marketable businesses and help the City to help small businesses. The assessment will provide a strategic plan with specific steps and recommendations. Public hearings are a key component. The analysis will identify what is marketable and types of businesses that create new jobs. The City will recruit those types of businesses to take advantage of market opportunities and assist businesses with business plans and an introduction to banks for mws1201 2 12/10/01 financing. The City Manager said the City needs credible data to spur economic development. The development model can be applied to other City areas, which suffer similar symptoms. Direct staff to: 1) initiate detailed design/construction estimates for the South Gulfview/ Beach Walk project (including linking up with the Mandalay retail corridor and Clearwater Pass pedestrian system); 2) solicit land assembly between Coronado and Hamden to provide a temporary surface parking lot which can be utilized for a future parking garage to support South Beach parking needs; and 3) develop a joint public/private financing proposal to provide an approximately 450 space parking garage at the Pelican Walk site Last summer, after evaluating alternatives for a parking solution on South Beach to move forward the S. Gulfview/Beach Walk project, the City Commission directed staff to conduct additional analysis of: 1) Marriott Seashell project; 2) location between Hamden and Coronado; 3) Pier 60; and 4) Pelican Walk. Parson’s Transportation evaluated these alternatives in the context of a previous “parking trade area analysis” and provided estimated costs, including land, construction, and financing estimates. Commission discussion regarding parking garage alternatives, in the context of the Markopolous settlement agreement debate, further refined general attitudes about parking on South Beach. The strengths and weaknesses of the Pier 60, Marriott Seashell, and Marina site alternatives all fall short. Construction of the South Gulfview/Beach Walk project is a critical next step in the redevelopment of South Beach and should be initiated as soon as detailed design and construction estimates are available. The Mandalay Streetscape project, major private investment in the area of the Mandalay Beach Club, Mack Project, and the need to support the retail corridor requires construction of a parking facility in this area. The Parson’s report and staff analysis indicate that the “large” parking garage facilities pursued previously are not feasible due to high land and construction costs and the inability of the “trade area” to support large facilities. However, a combination of strategic land assembly on South Beach and a more modest facility on North Beach appear to provide more feasible alternatives. The South Beach alternative includes pursuing a land assembly that would provide between 200 and 250 surface parking spaces on a temporary lot between Coronado and Hamden. It is recommended this alternative be pursued in a short time frame, and if unsuccessful, the Beach Walk project should continue forward while maximizing viable public on-street and surface parking lots in the area until a resort development can be initiated. The North Beach alternative would include a parking garage with approximately 450 spaces on the Pelican Walk site, continent upon development of a public/private financing program that can support this initiative. Development of the financing program should begin immediately. In conjunction with either alternative, it should be clear that future “illegal” parking and historic parking on rights-of-way should be limited in areas where facilities would provide adequate alternative parking. Charlie Siemon, of Siemon and Larsen, reviewed the Beach by Design Beach Revitalization and Parking Strategy. He recommended taking control of Clearwater beach’s destiny and implementing realignment of South Gulfview and Beach Walk as soon as possible. mws1201 3 12/10/01 He recommended the City Commission consider parking sites: 1) gulf-front blocks between Coronado/South Gulfview; 2) lots between Coronado and Hamden; 3) Pier 60; and 4) Marina. Locating a parking garage between Coronado and Hamden would allow efficient dimensions and many spaces, help with the widening of Coronado, and provide supplemental parking for non-beach motels, which depend on right-of-way parking. The garage would reduce the mass of gulf-front resorts. Parking units could be used as future incentives. He recommended a six-month land acquisition strategy, construction of a temporary surface lot, followed by construction of a parking garage when demand occurs. If unsuccessful, he recommended replacing 75% of spaces removed for Beach Walk with on-street parking, restriping remaining lots, etc. He also recommended proceeding with the detailed design, preliminary engineering and cost estimates for the South Gulfview and Beach Walk projects. The North Mandalay revitalization strategy involves North Mandalay improvements and creating additional parking. Mr. Siemon’s recommendations included seeking property owner funding through a special assessment or commitment and constructing parking garages, first at Pelican Walk and later at Rockaway Beach when demand warrants. The Pelican Walk parking garage should complement Mandalay Avenue streetscaping. He estimated a market for up to 400 additional area parking spaces during peak season. Assistant City Manager Ralph Stone said studies indicate the Pelican Walk parking garage would run a deficit for five years. Discussion ensued with recommendations that all development occur at one time and that Coronado be upgraded prior to Beach Walk construction. Concern was expressed that parking near Beach Walk would be inadequate. It was suggested that some south beach parking could be diverted to the Pelican Walk structure, which will be necessary to replace parking lost to Mandalay streetscaping. Mr. Stone said Beach Walk will connect Mandalay with Clearwater Pass. The City Manager said all infrastructure deficiencies must be addressed. Opposition was expressed to parking on Gulfview Boulevard in order to preserve the vistas. It was stated public debate on beach parking is needed. Mr. Siemon said only a section of the City Marina lot was considered for a parking structure due to City Commission opposition to discussing Marina development now. Finance Director Margie Simmons said no funds have been set aside to construct a beach parking structure or Beach Walk. Mr. Siemon requested clear direction regarding Pelican Walk. Concern was expressed that beach access from a parking lot on Coronado would be difficult. GS GENERAL SUPPORT SERVICES License agreement for the use of space on the Countryside Radio tower M/A-COM Private Radio Systems, Inc., a Delaware corporation with general offices in Lynchburg, Virginia, has the contract to establish the Statewide Law Enforcement Communications system. To provide adequate area radio coverage and to tie in the Clearwater Police Department, the firm needs to lease space on the Countryside Tower of the Clearwater Radio System. Clearwater radio towers are 300 feet tall. The license agreement permits M/A-COM to place four 14-foot antennas at the 260-foot level and three 6-foot microwave dishes at the 90-, 122-, and 150-foot levels with cables connecting to the ground. mws1201 4 12/10/01 In addition, M/A-COM needs to build a 12-foot by 26-foot equipment shelter, install an auxiliary generator with pad, and provide a fuel source. Natural gas is available. However, propane will be used if there is any difficulty with a natural gas supply, in which case a propane tank with pad will be added. Two cellular phone companies lease space on the tower without difficulty. The space needs of M/A-COM can be accommodated easily and have been coordinated with, and approved by Public Utilities, which operates the adjacent Water Pollution Control Facility. M/A- COM has agreed to perform a structural analysis and to strengthen the tower, at their expense, to insure that the tower meets the mph wind load requirement. Staff recommends approval. Assistant City Manager Garry Brumback said staff will clarify the criteria for wind resistance. Cell phone providers had voiced no objections to the proposal. HM HUMAN RELATIONS First Reading Ord #6927-02 amending provisions regarding the Community Relations Board Due to the October 1, 1999 transfer of the external case processing program from the City to Pinellas County, the Community Relations Board’s focus has shifted to more community-based, rather than enforcement-based activities. Case processing requirements previous necessitated a 13-member board made up of citizens representing various industries and occupations. The proposed amendments reduce the board to five members, who are Clearwater residents and represent diverse backgrounds, plus one non-voting representative from the Police Department. Community Relations Board powers and duties shall be to develop/implement programs and materials, to foster mutually beneficial relationships through the Human Relations Department, and to facilitate the reduction of prejudice and tension in relation to all matters involving race, creed, color, sex, national origin, age, disability, or marital status and disorder occasioned thereby. It was suggested this change provides an excellent opportunity to involve youth on the board. Human Relations Director Eleanor Breland stated the board had discussed that issue. IT INFORMATION TECHNOLOGY Award a contract to lease 750 personal computers for 3 years from Dell Computers, Inc. Round Rock, TX, for an amount not to exceed $1,215,000 in accordance with the terms of State Contract #250-040-00-1 Dell Computers, Inc. is the provider of the City’s standard desktop, laptop, and server hardware. A significant portion of the current inventory of desktop computers is more than five years old and features Pentium 90s and 100s. The age of this network equipment prevents implementation of some network systems and affects optimal security. Previously, individual departments upgraded computers as budgets allowed. The number of upgraded or replaced units has varied from 80 to 120 annually. This lack of structured asset management has resulted in some departments receiving two or three upgrades/replacements, while other departments have not had upgrades for almost six years. mws1201 5 12/10/01 This lease agreement will centralize the management of computer assets within the IT Department and ensure that all departments maintain minimum hardware standards while fixing the City’s annual cost for PC hardware. This project also will improve network administration and security by standardizing the desktop operating system throughout the City, and will permit all users use document imaging and GIS (Geographic Information System). The 3-year lease agreement for 750 desktop and laptop computers will facilitate the upgrading of City PCs and standardize the Microsoft Windows 2000 operating platform. Terms of the lease provide for installation of approximately 250 units over each of the next 3 years, and then rotating 250 machines each year thereafter. Annual operating costs for the lease will not exceed $135,000 the first year, $270,000 the second year, and $405,000 the third year. Once all machines are in rotation in year 3 and beyond, annual lease costs will not exceed $405,000. Lease terms also will include all shipping costs fro delivery and return, image preparation by Dell, and latest technology as available without configuration pricing limits. The total cost of leased equipment will not exceed $405,000 in any one year. Information Technology Director Dan Mayer said the item is budgeted and the agreement includes some savings. The length of City commitment to Dell is open. Staff will provide a list of IT (Information Technology) purchases during the previous four years. PR PARKS AND RECREATION Approve a twenty-year lease between Clearwater Golf Associates Inc. and the City for the operation of the property currently known as Clearwater Executive Golf Course, including an annual lease payment, and improvements to the course CGA (Clearwater Golf Associates, Inc.) has operated the Executive Golf Course since March 1, 2000. The current lease expires on February 28, 2002. Staff has found CGA’s performance to be excellent, including adherence to all provisions of their current contract, which included more than $100,000 of improvements to the course. Revenue was increased from $1,000 to $36,000 annually. Staff entered into negotiations with CGA to secure a long- term agreement for the facility’s operation. During the agreement’s first 5 years, CGA will provide approximately $1.2-million in improvements: 1) approximately $325,000 – pave/stripe parking lot & cart; 2) approximately $350,000 – renovate/expand clubhouse; 3) approximately $300,000 – renovate driving range and replace maintenance shed; 4) approximately $75,000 – renovate all greens; and 5) within agreement’s first 3 years, establish and construct John Huston Golf School and learning center. Annual base rental payment is $48,000 for first $1.1-million of gross revenue, plus 3% of all gross revenue in excess of $1.1-million. In consideration of improvements to the course, the base rental payment will be reduced by 50% during the agreement’s first 7 years. Staff recommends approval of a 20-year lease for the operation of the Clearwater Executive Golf Course. Parks & Recreation Director Kevin Dunbar said the rate includes a base rent plus 3% of gross revenues. The increment is deferred for the first seven years due to a leaseholder mws1201 6 12/10/01 guarantee to make improvements. The leaseholder typically is responsible for further renovations. If the Airpark expands, the golf park’s lease would terminate. The fence between the Airpark and golf course will be moved. Staff is trying to be sensitive to Airpark concerns while maintaining flexibility for City Commission decisions. Staff will provide a comparison of rental income with other golf courses. Support was expressed for retaining the golf course. It was noted the lease increases City income from the golf course by a factor of 24. PW PUBLIC WORKS First Reading Ord #6929-02 watering ordinance establishing continuation of existing watering schedule for the City of Clearwater. On March 21, 2000, SWFWMD (Southwest Florida Water Management District) issued a final order (SWF 01-14) declaring a water shortage emergency for Pinellas, Hillsborough, and Pasco counties. On April 5, 2001, the City Commission adopted Ordinance 6797-01, declaring an emergency water shortage, changing the fine structure, and retaining the County’s watering schedule. On September 20, 2001, the City Commission adopted Ordinance 6840-01, codifying the emergency ordinance. Both Ordinances contained a provision making them effective as long as the Phase III water emergency remains in effect in Clearwater. The City met this emergency challenge by reducing water consumption by more than 11% between March and September this year as compared to the same time period last year. City residents continue to support and participate in water conservation measures. Effective November 12, 2001, SWFWMD adopted SWF 01-83 changing the watering schedules. Schedules differ based on the water supply source and differ within the Water Management District boundaries. The new watering schedule allows two-day a week watering and an extension of hours when watering is permitted. However, one-day a week watering remains in effect for users who receive their water from the Tampa Bay Water Consolidated Permit wellfields. This includes the City. The drought has strained this area’s water supply. To protect public health and maintain a sustainable water supply, it is important to deliver a consistent message to City residents. The current and recommended water schedules are: 1) potable water (domestic and lawn meters): a) addresses ending in even numbers or letters A through M may water Tuesday only and b) addresses ending in odd numbers or letters N through Z, or at locations with no address, may water only on Sunday. No watering is permitted between 8:00 a.m. and 6:00 p.m. and 2) water from wells, lakes, or ponds: a) addresses ending in even numbers or letters A through M may water Tuesday only and b) addresses ending in odd numbers or letters N through Z, or at locations with no address, may water only on Sunday. Watering is not permitted between 10:00 a.m. and 4:00 p.m. It was suggested the City adopt County restrictions and allow well watering two days a week. Development Services Director Jeff Kronschnabl said changing the current schedule would require a public education campaign. Mr. Brumback said the City is changing the way it collects fines for illegal watering. Concern was expressed regarding water pressure problems on north Clearwater beach. Staff will provide information on County water pressure problems. mws1201 7 12/10/01 PLD PLANNING Review of a license agreement between William Shephard, Trustee (licensor) and the City of Clearwater (licensee) for a sidewalk at Shephard's Lagoon Resort. Shephard’s Lagoon, a 2.38-acre resort at 619 South Gulfview Boulevard on Clearwater beach, has 94 hotel rooms and 224 parking spaces, structure and surface. In 1998, the DCAB (Development Code of Adjustment Board) approved expansion of the resort with variances to the side setback, side yard view corridor, and front yard open space. DCAB required a tropical seascape landscape design, including sidewalk. Due to the narrow setback along South Gulfview Boulevard, the sidewalk was approved and constructed on the northwest portion of the Shephard’s site. Along the site’s northwest portion, a five-foot sidewalk runs parallel with South Gulfview Boulevard while an additional sidewalk was constructed around semi-circular landscape areas. This four-foot serpentine sidewalk on the Shephard’s property is the subject of this license agreement request. The City will be responsible for the general maintenance and repair of the serpentine sidewalk. The City also will undertake liability and hold the Licensor harmless from liability for public use over and across the sidewalk. Mr. Stone said the City is responsible for repairing future damage to this sidewalk. The City Attorney said this agreement is based on a City commitment previously made to the resort. Commission Discussion Items Mack Development It was stated the community desires a waterfront boardwalk along the Mack Development at the yacht basin. Mr. Stone said the City requires construction of a free- standing boardwalk only if the entire area is developed. Staff supports the proposed loop, which connects East Shore with the Mandalay retail corridor. It was stated a boardwalk along the Mack property would provide no destination of interest. It was noted while Beach by Design had anticipated resort development of the yacht basin property, Mr. Mack found no hotel interest in the site. It was felt that exempting the yacht basin property from the boardwalk requirement would set a precedent for future development along East Shore. Mr. Stone said separate incentives have been created for East Shore. Rules of Procedure It was requested a resolution be presented when rules are drafted. Beach by Design TDR Height Adjustment In her December 7, 2001, memorandum regarding height limitations, Planning Director Cindi Tarapani discussed the history of the Community Development Code. With little vacant land, the Code acknowledges the difficulty of redevelopment and contains incentives. The site mws1201 8 12/10/01 plan review process has been simplified. The Code recognizes that certain types of uses may require a public hearing due to local or Citywide impacts. The CDB (Community Development Board) determines the appropriateness of a use, flexible requests, and design aspects. The Code also recognizes court decisions that distinguish development application: 1) legislative, and 2) quasi-judicial. A land use plan amendment as a legislative action is consistent with and similar to the City Commission’s role in other legislative decisions that set Citywide policy. A quasi-judicial case is a specific application to develop a site whereby the CDB reviews the application and applies development standards. The CDB reviews flexible applications as quasi-judicial cases. Court decisions have established that quasi-judicial cases must be determined based on competent evidence and evaluation of the project against City standards. Objective project review must determine if a project meets site plan standards. The CDB holds a public hearing and receives testimony from staff, the applicant, and public. The CDB weighs all evidence to determine if testimony is based on fact. CDB members must be “qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law, and real estate.” These skills allow the CDB to provide balanced knowledgeable evaluations. CDB review and decisions contain many characteristics of a judge’s decision; board members must weigh evidence, apply laws/ standards, and the decision is final subject to an appeal to a hearing officer. Height review is a component of a site plan application. The Code establishes ranges of heights in each zoning district and authorizes staff to permit additional height as part of the entire site plan. The Code further establishes ranges of heights in each zoning district that the CDB may permit, also in concert with site plan review. When determining the appropriate height, staff and the CDB review area characteristics, the amount and purpose of the increased height, the location of taller buildings in relationship to streets and the surrounding area, and the height in context of the site plan and other design features. Staff and the CDB are guided by Comprehensive Plan goals and policies and special area plans for specific neighborhoods. The City has adopted four special area plans, which establish policies for: 1) Downtown; 2) Clearwater beach; 3) Periphery Areas to Downtown; and 4) Coachman Ridge. In November 2001, the Commission directed the City Manager to evaluate amending height regulations so that the City Commission, rather than the CDB, would review Clearwater beach projects that exceed 100 feet. This change would require an amendment to the Code in the Tourist and High Density Residential Districts. Remaining beach districts do not allow 100- foot heights. Amendments to the procedural sections to the Code also would be necessary to establish the City Commission as the review authority and establish review standards. A project’s height currently is reviewed as part of the site plan review process. In limited instances, staff may allow increases in height after public notice and careful consideration. Further flexibility in maximum height is allowed through application to the CDB as part of a site plan review and is debated in a public hearing with notice given. City redevelopment goals in the Code provide redevelopment incentives, including clearly defined standards by which a project is measured. The CDB serves in a quasi-judicial function in reviewing site plans and must apply the Code in an objective manner based on their special skills, weighing conflicting evidence, and making a balanced decision. The proposal to amend the Code to establish the City Commission as the review authority for certain projects on the beach is a major change in philosophy from the Code’s mws1201 9 12/10/01 current framework. This amendment would designate the City Commission, rather than the CDB, as the review authority for only one limited type of quasi-judicial application. Currently, the CDB is responsible for reviewing all quasi-judicial cases. Review authority on a height increase would be based solely on a project’s location, with two boards having the same height review authority. The City Commission would not have available to them the history of CDB decisions on previous height applications and would not be able to balance the request at hand with the background of approximately three years of site plan decisions. The potential for inequitable treatment for similar applications would be increased due to this lack of background and the reality of different reviewers applying the same criteria. Acting in its policy-making role, the City Commission has established the policy for heights by adopting the Beach by Design plan and Community Development Code. Staff thinks review of height restrictions and other site plan standards as applied to specific projects is best assigned to the CDB, who with their special skills and experience have been effective and balanced in their quasi-judicial role reviewing development applications. Based on these factors, staff opposes this proposed Code amendment. Concern was expressed building heights can be increased to 150 feet with the transfer of only one TDR (Transfer of Development Rights). Ms. Tarapani suggested a sliding scale be adopted during the next annual review of the Code. She said the City Commission’s legislative duties differ from the quasi-judicial process necessary for these types of decisions. The City Attorney said the City Commission decides quasi-judicial issues related to rezoning and vested rights. Transferring this responsibility to the City Commission would require Commissioners to avoid ex-parte communications. Discussion ensued with comments that residents are concerned regarding building heights on Clearwater beach and recommendations that a draft amendment be prepared for discussion as the change would increase public trust in the City Commission. It was requested the item be agendaed separately. The Commission will discuss the issue on Thursday. Adopt a County Commissioner It was suggested City Commissioners partner with County Commissioners to improve communication. Staff will provide information on the program. Adjournment The meeting adjourned at 6:00 p.m. mws1201 10 12/10/01