02/07/2002 (2)
I .." ~, I I I, \ , . ".. ' , I .. -I ' .(,'.... . , . ,.. .
,
, .
. .
..
. . c
. r ~ .
CITY COMMISSION.
, .
. MEETING. . ,..' ..
, .
, .' .
. , "
. .
. .
.0 I 'i'
, " . r ~ . . , ...
, r . .
. .." '. ,"", ...... ".' ' . '. ...,' '. '
o o. . ...,' < ..c' " . ..' ,0.
. . '.' . ' 'I" ., ,
, .
, , ,.
" '" I . . 0 ~ '. . . ,
, ','
. , .
'. .
.
"
, , .
'- , .
. .
, .
I . , I , ~ I
. "
. .' I i,"I" . . .
. , ,
. ". I' c. ..'
. .
. "
. ' '.
I . ' I .
. .
. c 'f'
, .
, "
. .., ,
, .
,
, ,
., .
. . .
, .
. .' .
. .
, , , ,
, I . .
. I "
. . .. <.'
. "0' . .
" . .
, '
'. < . o' . 0 :. , '0. , '.
., , . '...
I., . . '. ,
"', . .'. '" , ,'. . , <' ' ..L
o , , . T ,
o '. . . .,'
. '" " .! '!.
;J., . '" .
. . . .
, .
. .
. "
'. .
, . " . > >
. .
.," ", ' '.
, . .
c ,
. .
,'. .' .
. ,
, . .
, . .', '..' .', , . ,> . >. ,
, ,+'. I . , . ~'.' . " j.c. . , +
, , ' . ~ ". ,
I ", , . ~ I . I ' .,.,.' , i . . . .. I . . . .. , " ~. , . ~ . '
, ' " , < c '. . t I , . 0 1 ~ .~ ~; .' . ,. . , . "
'."' '. ,t: ,.', . . 0 ". 0" .
. '. t ,I, . .
, "
! , . .
. I .' c c
I .' . <
. J .'. .
. . . , .
. .
. .
, , , .
. ,
...... ' , .:'
, , c ~
.~ ' , . 0 '. ~ < '
. . , .,
, . .
, .
t . 0 I I.. 'I ,
, . . "', . ' .' . .
. .
. ,
, .
, .
" .
c . ,0' "r. .
. .
. .
. .. ~ I .
. I , .
. I, .
, ' ,
Also present: William B. Horne II
Garry Brumback
Ralph'Stone
Pamela K. Akin
Cynthia E. Goudeau
Patricia 0, Sullivan
City Manager
Assistant City Manager
Assis'tant City Manager
City Attorney
City Clerk,
Board Reportor
.
CITY COMMISSION MEETING
CITY OF CLEARWATER
February 7, 2002
, Present:
Brian J. Aungst
Ed Hart
Whitney Gray
Hoyt p, Hamilton
WilHam C. Jonson
Mayo r ICommissi cner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Reverend William Magee of St. Matthias Lutheran Church, The Mayor led
the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
. ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards - None.
ITEM' #5 - Presentations
a} Hispanic Initiatives
"
City Auditor Robin Gomez reviewed City Hispanic initiatives. According to the
census, between 1990 and 2000, the percentage of Hispanics in'Florida has increased
. from 120;'0 to 17% and in Clearwater from 3% to 9%, The majority of the increase in
Clearwater has been from the State of Hidalgo, Mexico, Challenges include language,
culture, education, and immigration. City initiatives include communication strategies,
service provision, and bilingual and cultural efforts, City Spanish information, and
department needs. In these efforts, the Ci~y has partnered with the Greater Clearwater
Chamber of Commerce, the YWCA, Salvation Army, Florida Department of Health, UNO
Federation, faith based groups, Pinellas Cares - 21 1, Pinellas County, Veinte de Julio,
Mexican Council, Mexican Consulate, and Gufa del Golfo.
, . Assistant City Manager Garry Brumback complimented Mr. Gomez for his volunteer
efforts regarding this issue, noting the City's appreciation of his work.
.
mcc02a02
1
02/07/02
>. " . ~ ......' ~. '''., I" t'. ~,.' ,,,: ' ..... ~. + ~4 .,,' '. I" . ~ . (l;l.....', '." . '/ . ~~ . .: '.' ..
. b) Neighborhood and Home Recognition Program Awards
Neighborhood of the Quarter award was presented to the Northwood Estates
Neighborhood. Four home of the Quarter awards were presented: 1) Atherholt residence
at 1160 Jackson Road; 2) Byrnes residence at 1030 Nokomis Street; 3) Nickols residence
at 1641 Windsor Place; and 4) Decker residence at 1727 Cleveland Street.
ITEM #6 ~ Approval of Minutes
In reference to the January 24, 2002 minutes, page 11, under Item #28~ paragraph
four, sentence two, it was stated "three years ago" should read "since 1991,"
Commissioner Hart moved to approve the minutes of the Special Meeting of
January 22, 2002, as recorded and submitted in written summation by the City Clerk to
each COrTlmissioner and minutes of the reguiar meeting of January 24, 2002 as amended.
The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard ra items not on the Agenda
Tom Sehlhorst said the City's sign law is unfair and that a judge had withheld
adjudication regarding two counts against his signs., The City Attorney said the judge had
held Mr. Sehlhorst responsible for the related fines and court costs incurred.
.
John Wiser reviewed Countryside Committee recommendations: 1) Sunday hours at
Countryside Recreation Center (has list of volunteers); 2) improvements to SR 580
medians; 3) Landmark Drive bicycle path; 4) City welcome sign for northeast Clearwater;'
and 5) adoption of dawn to sunset guidelines re Realtor and garage signs. It was
requested staff report on the types of responsibilities volunteers legally can accept. The
City Manager said adding Sunday hours at the Countryside Recreation 'Center could be
incorporated into planning the FY (fiscal year) 2002/03 budget once related costs are
identified.
,PUBLIC HEARINGS
Item #8 - Declare as surplus that portion of the south 30 feet of Lot 45, Blk Ef Joseph J.
Eldridge Sub., less the east 30 feet, and approve a contract for exchange of real property
with Thomas M. Sehlhorst to exchange said property for a perpetual right-at-way, sidewalk
and utility easement over and across the easterly 20 feet of Lot 29, 1 st Addition to Palm
Bluff, with the total consideration being the transfer of the property rights between the
parties. PW
.
On June 9, 1945, the City deeded the south half of Block "E", Joseph J. Eldridge
Sub., less the east 30 feet and south 30 feet that were res,erved for "street purposes."
The east 30 feet of the parcel are used as Myrtle Avenue right-of-way. No City records
indicate the south 30 feet of the parcel, less the east 30 feet used for Myrtle Avenue, ever
was dedicated or utilized as right-of-way ("City parcel"). The City Engineer has determined
mcc02a02
2
02/07/02
'. '. I. ~ . . .'. .. .' ~ I' .}. I.' .. '. . . '. ',' " .' " I .'. ~,. ' I <. ,l, . . '. ,>', ' ~ . . . , . . +. . :_, . .' , .' .
.
'.
.
use of the City parcel as right-of-way intersecting with Myrtle Avenue would create a
traffic hazard. The parcel has no other foreseeable uses.
Mr. Sehlhorst owns abutting property north of the City parcel and proposes the City
exchange the parcel for a 20~foot right-of-way, sidewalk, and utility easement over the
easterly 20 feet of a vacant lot he owns at the northwest corner of Palm Bluff Street at its
juncture with Blanche B. Littlejohn Trail and Myrtle Avenue ("Sehlhorst parcel").
The proposed easement will define and document City and public rights to
continued use of the easement area for existing right-of-way, sidewalk, and utility
purposes. The City parcel does not,have a tax identification number. The Property
Appraiser has assessed Mr. Sehlhorst's abutting property at $1.70 per square-foot. Mr.
Sehlhorst's vacant lot on Palm Bluff is assessed at $3.82 per square-foot. Using these
land values established by the Property Appraiser, the exchange of the fee simple estate in
the 3,645 square-foot City parcel, valued at approximately $6,200, for perpetual easement
interest in the 2,640 square-foot Sehlhorst parcel valued at approximately $6,500,
complies with Section 2.01 (d){5)(iv) of the City Charter requiring that surplus real property
be exchanged for other real property having comparable appraised value.
Commissioner Hart moved to declare as surplus for the purpose of exchanging the
fee simple estate in that portion of the south 30 feet of Lot 45, Block "E", JOSEPH J.
ELDRIDGE SUBD'VISION, less the east 30 feet thereof, as described in that City of
Clearwater Deed recorded in Deed Book 1017, Page 346, Public Records of Pinellas
County, and approve a Contract For Exchange Of Real Property with Thomas M. Sehlhorst
to exchange said property for a perpetual right-at-way, sidewalk and utility easement over
and across the easterly 20 feet of Lot 29, FIRST ADDITION TO PALM BLUFF, with the
total consideration' being the transfer of the property rights between the parties, and that
the appropriate officials be authorized to execute same. The motion was duly seconded
, and carried unanimously.
Item #9 - Declare as surplus for the purpose of exchanging the fee simple estate in a parcel
of land being a portion of Lot 1, A Resub of Baskin's Replat, and authorize Administration
to Contract for Exchange of Real Property with New Plan Excel Realty Trust, Inc. to
exchange said parcel for the fee simple estate in a similar size parcel of land lying within
the Southwest 1/4 of Section 17, Township 29 South, Range 16 East. PW
The Sembler Company, in association with New Plan Excel Realty Trust, Inc., is
redeveloping the Clearwater Mall property. The site plan has been submitted to the City
and proposes using a portion of the fire station property for a minor expansion of the mall
for retail space. The request is to exchange 1.271 acres for a like size parcel east of Sky
Harbor Drive and south of the current fire station.
After the exchange, the current fire station can be used until its new site is ready.
A new fire station at this location is scheduled for Spring of 2003. The Fire Chief indicates
the proposed exchange wUI not affect operations, response times, or levels of service at '
the existing station and the new location is adequate for construction of a fire station.
mcc02a02
3
02/07/02
. . , . ". ~ ~ ... . . '. f . . .. '.' . '. '. .j . . '. . . ~ . .. .' I .
.
.
.
This e,xchange also provides the City with a marketable 2.42-acre parcel fronting
Gulf-to-Bay Boulevard'with an estimated value of $918,000, if vacant, based on an
appraised land valuation of $9.50 per square foot. The City has prepared an appra,isal for
the cu'rrent fire station and reviewed the estimated value of the property provided by
Sembler/New Plan Excel Realty and has concluded the City will receive property of equal or
higher value than the current appraised value of the existing fire station. An appraisal of
the City F.S. 49 site performed on August 13, 2001; valued the land at $9~50 per square-
foot. An appraisal of the Sembler parcel performed on September 5, 2001, valued the land
at $10 per square-foot. This exchange will enhance the proposed mall redevelopment,
provide the City with an alternative fire station site, and leave a marketable "remainder"
parcel fronting Gulf-to-Bay Boulevard. Administration recommends approval.
In response to a question, Assistant City Manager Ralph Stone said no decision has
been made regarding a PSTA (Pinellas Suncoast Transit Authority) bus stop location at the
'former Clearwater Mall site. The stop will not be on the fire station property. PST A is
working with the developers regarding this issue.
Commissioner Hamilton moved to declare as surplus for the purpose of exchanging
the fee simple estate in a parcel of land, being a portion of Lot 1, A Resub of Baskins
Replat, and authorize Administration to Contract for Exchange of Real Property with New
Plan Excel Realty Trust, Inc. to exchange said parcel for the fee simple estate in a similar
size parcel of land lying within the Southwest 1/4 of Section 17, Township 29 South,
Range 16 East, and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #10 - Ord. #6926-02 revising Appendix A, Schedule of Fees, Rates and Charges, V.
Buildings and Building Regulations (E47.087), code of ordinances, to add a flat fee of $40,
, for tent permits related to approved neighborhood activities.
The City Attorney presented Ordinance #6926-02 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordir:'ance #6926-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
It Ayes": Hart, Gray, Hamilton, Jonson, and Aungst.
"Naysn: None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 11-17) ;. Approved as submitted less Items #16 and # 17.
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.
mcc02a02
4
02/07/02
. .' I . 1 I . I. II ' I . I' " ":' I . . . . ~ I I .' .. .' . I , ' .. . . / . " ~. I " . I
. ITEM #11 - Approval of Purchases per Purchasing Memo:
1 ) Purchase Contract - Gas materials - PE pipe and fittings during the contract period:
March 1, 2002 through February 28, 2003 - M.T. Deason Company, Inc. - $210,000.
,2) Purchase a 2002 Morbark Model 13 brush chipper - E & E Equipment Clearwater~,
$29,200.
3) Purchase Contract - Fire hydrants during the contract period: February 8, 2002 through
February 28, 2003 - Mueller Company -$54,000. ,
ITEM #12 - Approve an addition to the Police Department's Take Home Car Plan to
increase visibility of patrol officers and vehicles to the citizens of Clearwater in the amount
of $372,990 for cars and equipment, to include the awarding of a contract to Garber Auto
Mall of Green Cove Springs, Florida, in the amount of $247,440 for the purchase of ten
2002 Ford Crown Victoria Police Sedans. PO
ITEM # 1 3 - Approve Standard A~reement Form to be used with the various Co-Sponsor
Groups and the City of Clearwater and authorize the City Manager and/or his designee to
approve such agreements. PR
.
ITEM #14 - Approve a contract with W.H. Wolfe, Jr., and Jody R. Wolfe to purchase
Stevensonls Creek Sub" Lots 3-15, less road right-at-way, for $350.000 plus estimated
, environmental site assessment costs and closing expenses ofc $25.000, for total estimated
transaction costs not to exceed #375~000. PW
ITEM #15 - Award a contract to Azurix North America Underground Infrastructure, Inc.; in
the amount of $200,000 for cleaning, inspection and repair of sanitary sewer lines (less,
than 1 5-inches in diameter) at various locations throughout the City. PW
ITEM #16 - See pa~e 6.
ITEM #17 - See pa~e 6.
Commissioner Jonson requested Items 16 and 17 be pulled from consent.
Commissioner Gray moved to approve the Consent Agenda, less Items 1/ 16 and
# 17, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #16 -Reappoint Alex Pliska to the Community Development Board; continue to
3/21/02 the appointment to fill seat to be vacated by Gerald Figurski. elK
.
, City Clerk Cyndie Goudeau reported two Community Development Board seats are
open. Alex Pliska has expressed interest in reappointment. Gerald Figurski does not W8':lt
to be reappointed. 'Ms. Goudeau said it would be logical to appoint Alternate Board
Member Frank Hibbard. However, Mr. Hibbard is running for a Commission seat in the
March '12, 2002 election. She indicated the Commission at Monday's work session
mcc02a02
5
02/07/02
. , . '1 ' . . . ..' I" ,'I . . .. I ' . ~ ".' ' . .' ' , I' " ," " . '. \ .,...... " '. . ".' ", ':
.
.
.
directed to delay the appointment until after the election. Mr. Figurski has offered to serve
until a replacement is appointed. The City Charter allows such an extension.
It was suggested appointments for Items #16 and #17 be delayed until after the
March election so that these appointments are made at the beginning of the Commission
cycle rather than at the end. In response toea question, Ms. Goudeau stated board
members are appointed to staggered 4-year terms, which do not coincide with the
staggered 3*year Commission terms. The timing of appointments is related to the date a
board was created and member resignations. It was recommended current procedures be
followed until the Commission discusses this issue at a special 'work session addressing
advisory boards.
Commissioner Hart moved to reappoint Mr. Pliska and to continue the appointment
for the seat to be vacated by Gerald Figurski until March 21, 2002. The motion was duly
seconded and carried unanimously.
ITEM #17 - Reappoint Kim Cashman to the Parks & Recreation Board. eLK
See related discussion under Item # 1 6.
Commissioner Hamilton moved to reappoint Kim Cashman~ The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT'
ITEM #18 - Adopt Res. #02-" approvin~ the form of and authorizing the execution and
delivery of an interlocal agreement between the City of Clearwater and Pinellas County
regarding splitting the costs of obtaining estimated for undergrounding utilities on
Clearwater Beach from the Roundabout, south on Coronado to Gulfview and then south on
Gulfview to the Clearwater Pass Bridge, such validation of this agreement through the
Courts in order to determine if Penny for Pinellas Funds can be used for undergrounding
utilities, FN
Pinellas County and the beach communities have been pursuing the Gulf Boulevard
Improvement Project to include streetscaping and undergrounding utility lines on certain
beach thoroughfares, including those on Clearwater beach, south of the roundabout. The
project envisions each beach community paying half the costs of these improvements, and
the County paying half. Clear,water has requested the route through Clearwater extend
south from the roundabout down Coronado to Harnden, west to Gulfview, and south to
the Clearwater Pass Bridge.
Pinellas County, the City, and several beach municipalities wish to use Penny for
Pinellas funds to pay for the project. Attorneys have advised against the use of Penny for
Pinellas funds to underground 'utilities until the courts have approved this specific use.
Approval can be obtained by validating an interloc~1 agreement specifying that use of the
funds. Although the remaining beach communities are not ready to agree to pursue this
project and the validation process can take several months, the City has volunteered to
enter into this agreement to begin the validation process.
mcc02a02
6
02/07/02
. The agreement states if Pinellas County or other beach communities do not pursue
this project, the agreement will be 8ull and void and estimates will not be pursued. The
City will learn if Penny for Pinellas funds can be used to underground utilities. If the
validation is unsuccessful, the City will not proceed with obtaining estimates and the
agreement will be canceled. Pinellas County has agreed to pay all costs of validating this
question,
Pinellas County Convention and Visitors Bureau Director Carole Ketterhagen said the
project to enhance the beauty of beach entrances is the first phase of the County's vision
to make County beaches a premier destination. Tourism is the County's largest industry.
Ms. Ketterhagen said tourists pay 400/0 of the sales tax surcharge Countywide, based on
visits by 18 million tourists. She agreed the City collects more bed taxes than any other
County municipality. Pinellas County Public Works representative Jim Collins said the
transportation safety benefits of undergrounding utilities include: 1) reduced visual
competition with signage; 2) decreased vehicle crashes when poles are removed; 3) light
poles to be replaced with breakaway ones; 4) decrease in necessary maintenance
equipment; and 5) improved evacuation, as no poles will be knocked down by storms and
impede traffic flow. Ms. Ketterhagen said the beaches need to be fresh and attractive.
The Tourism economy enhances residents' quality of life with festivals and museums.
'The City Manager thanked Ms. Ketterhagen and the Convention and Visitors Bureau
for a Visitors Information Center gra'nt.
..
, One resident said undergrounding utilities will not improve electric distribution.
Commissioner Hamilton moved to approve the form of and authorizing the,
execution and delivery of an interlocal agreement between the City and Pinellas County
regarding splitting the costs of obtaining estimates for undergrounding utilities on
Clearwater beach from the roundabout, south on Coronado to Gulfview and then south on
Gulfview to the Clearwater pass Bridge, such City costs to be 50% of the costs of
obtaining the estimates but not to 'exceed $5,000, and authorizing the validation of this
agreement through the Courts to determine if Penny for Pinellas funds can be used for
,undergrounding utilities and that the appropriate officials be authorized to execute same.
'The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 1102-11 and read it by title only.
Commissioner Jonson moved to pass and adopt Resolution #02-11 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
U Ayest!: Hart, Gray, Hamilton, Jonson, and Aungst,
tI Nays": None.
.
mcc02a02
7
02/07/02
, , . . { I.: . +. '. .. ... ..",..' j' .' . +,' . F, .' ... ..... ~,.., .' +. ." :, ....
. ....',. . .: . .' ,.',' ., . ,j, I ~ :' I . . I ~ :.... I. ...1. .:. J~ . . I .' ',.' , '," ~ ". ~ ;. .,.",," ,
.
.
.
ITEM #19 - Adopt Res. #02-08, authorizing Supplement #2 to an existing Joint
Participation Agreement with the Florida Department of Transportation, for the design,
construction and extension of runway overruns, berm and landscaping at Clearwater
Airpark. MR
This Supplement #2 is at no cost to the City. It is being done in cooperation with
,an existing JPA (Joint Participation Agreement) with FOOT (Florida Department of
Transportation) for the design, construction, and extension of the runway and taxiway,
200 feet to the south and 800 feet to the north, and the beam and landscaping at
, Clearwater Airpark. The project now includes resurfacing the runway, taxiway, taxi lanes,
'and aprons. The project cost estimate has been revised to $594,000, with the maximum
FOOT participation at $455,000. This change represents a $280,000 increase in FOOT
participation, with no additional cost to the City.
Commissioner Gray moved to authorize Supplement #2, providing $280,000 in
additional funds and adding resurfacing the existing runway, taxiway, and all taxi lanes and
aprons at the Clearwater Airpark to an existing JPA (Joint Participation Agreement) with
FOOT 9Florida Department of Transportation) and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #02-08 and read, it by title only.
Commissioner Gray moved to pass and~dopt Resolution #02-08 and authorize the
appropriat,e officials to execute same, The motion was duly seconded an~ upon roll call,
the'vote was: .
.. Ayes": Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays": None.
ITEM #20 - Adopt Res. #02-09, authorizing a Joint Participation Agreement with the
Florida Department of Transportation, for 1 OQo,-b funding for Airport Security Cameras,
Security Gate Improvements and Perimeter Fence Repair at Clearwater Airpark. MR
Due to the need for increased security at public airports, the City, by this resolution,
requests FOOT (Florida Department of Transportation) funding at 100% for Airport .
Security Cameras, Security Gate Improvements, and Perimeter Fence Repair at Clearwater
Airpark as provided by Senate Bill 48-B. The total project cost is estimated at $70,000
and is in FOOT's current year of the Five-year Work Program.
Marine & Aviation Director Bill Morris said the FBO (Fixed Base Operator) has
increased security by tracking flight lesson students and requiring students to be escorted
to the airplanes.
Commissioner Jonson moved to authorize' a JPA (Joint Participation Agreement)
with FOOT for 100016 funding for Airport Security Cameras, Security Gate Improvements,
and Perimeter Fence Repair at Clearwater Airpark and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
mcc02a02
8
02/07/02
_,i. " . 'n'..,.'... " , ",' '. '.' . .' ,I ..', '. .. . I . , .".' <" " " I , I '. ,..' ",
.
.
.
The City Attorney presented Resolution #02-09 and read it by title only,
Commissioner Hamilton moved to pass and adopt Resolution #02-09 and authorize the
appropriate officials to execute same. The motion was dUly seconded and upon roll call,
the vote was:
II Ayes": Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays": None.
ITEM #21 - Municipal Code Enforcement Board - 1 appointment ClK
Commissioner Jonson moved to appoint David Campbell. The motion was duly
seconded. Commissioners Hart and Jonson voted "Aye"; Commissioners Gray, Hamilton,
and Mayor Aungst voted "Nay." Motion failed.
Commissioner Hamilton moved to appoint George Kraus. The motion was duly
seconded. Commissioners Hart, Gray, Hamilton, and Mayor Aungst voted "Aye";
Commissioner Jonson voted "Nay," Motion carried.
ITEM #22 - 2002 Federal Legislation Package elK
City Clerk Cyndie Goudeau reviewed the, proposed 2002 Federal Legislation
Package for the City': 1) Clearwater Beach Redevelopment: a) goal to obtain' $5-million
appropriation in FY (fiscal year) 2003 unnamed appropriation bill to assist in revitalizing
Clearwater beach; b) Federal support of City's "Beach by Design" initiative will provide
public infrastructure & improvements to foster private redevelopment; and c) supported
upgrades to beach to include constructing ;'beach promenade," and promoting congestion
mitigation by improving sidewalks, incorporating bike paths, and mobilizing a beach front
transit system; 2) Stevenson Creek Estuary Restoration Program: a) goal to obtain $2.8-
million appropriation in FY 2003 Energy & Water appropriations bill for restoration and
rehabilitation of this threatened estuarine ecosystem; b) creek has been impacted
significantly by, encroachment that has eliminated approximately 40 acres of tidal
wetlands; c) creek is located partially in federally designated Brownfields area & discharges
into Clearwater Harbor; and d) project is component of larger Stevenson's Creek
Watershed Management Plan; 3) Wastewater & Reclaimed Water Infrastructure: a) goal to
obtain $5-million appropriation in FY 2003 V A-HUD appropriations bill under State & Tribal
for assistance in repairing & upgrading wastewater & reclaimed water infrastructure: b)
system upgrade needed to meet federal & state regulations; and c) expansion of reclaimed
water system will reduce impacts on natural aquifer & assist with disposal of treated '
wastewater; 4) Brownfields Clean-up: a) goal to obtain '$3 million appropriation in FY 2003
unnamed appropriations bill under Economic Development Initiative for acquisition &
remediation of downtown properties; b) Downtown Clearwater is within Clearwater's
Brownfields Area; c) acquisition & remediation of area properties will remove impediments
to downtown redevelopment; and d) environmental concerns will be addressed by
removing anticipated soil & groundwater contamination; and 5) Homeless Intervention
, Program - obtain $2.5 million appropriation in unnamed appropriation bill. Project details
are being determined'
mcc02a02
9
02/07/02
, 4' ,', ' ~. " . '\ I I ,", ~' :. " ,I " . I ... '.", ~ I"'.' .",'. \ I' ,'. . . ",'....~ ". ", . .' '," . ~ '," ~'J . ~~
.
.
.
Additionally, Clearwater will seek funding through Firefighters Investment and
Response Enhancement, Brownfields Remediation, Urban Park and Recreation Recovery
and other grant programs.
It was noted additional Brownfields funding was reported at the Conference of
Mayors. The President's support of Brownfields funding was also noted. It was noted
infrastructure upgrades, needed between the Clearwater Pass Bridge and the Adams Mark
and on Mandalay Avenue north of Baymont, would make a significant difference. Ms.
Goudeau said the City is requesting $ 5-million to construct Beach Walk which will be'
matched by the City by addressing these infrastructure needs. In response to a question,
Assistant City Manager Ralph Stone said the City is trying to avoid using Penny for Pinellas
funds for beach' redevelopment by pursuing grants.
Commissioner Hart moved to approve the City's 2002 Federal Legislation Package.
The motion was duly seconded and carried unanimously.
ITEM #23 - Other Pendin~ Matters
1} Authorize a contract with the firm of Bryant, Miller and Olive, P.A. in the amount of
$30,000 for leg'al services to amend the Community Sports Complex Development
Agreement between the City of Clearwater and'the Philadelphia Phillies and to assist in any
discussions and/or documents required for the acquisition of an alternative property to
serve as the Community Sports Complex site. PR
In conjunction with the decision to .seek alternative sites for the Community Sports
Complex, revisions to the Development Agreement will be required to address site
selection and the project schedule. Staff is requesting approval to issue a $30,000
purchase order to the firm Bryant, Miller and Olive, P.A. to complete necessary ,
amendments and to assist with any work associated with the acquisition of an alternative
project site. Bryant" Miller and Olive, P.A. is familiar with the project and has contributed
to the completion of the Use Agreement between the City and Philadelphia Phillies, which
will govern the activities between the parties upon completion of a new sports complex.
It was stated these funds are included in the project's scope and require no additional
funding.
Commissioner Hamilton moved to authorize a contract with the firm Bryant, Miller
and Olive, P.A. in the amount of $30,000 for legal services 'to amend the Community
Sports Complex Development Agreement between the City and the Philadelphia Phillies
and to assist in any discussions and/or documents required for the. acquisition of an
alternative property to serve as the Community Sports Complex site. The motion was duly
seconded and carried unanimously. '
2} Cabana Club Update
'Development Services Director Jeff Kronschnabl reviewed the history of Code
problems at 1590 Gulf Boulevard" the former Cabana Club Restaurant, which began with a
'complaint in July 1998. According to inspections, the building is an Unsafe Building,
mcc02a02
10
02/07/02
.' . ....,1. ~'..~I'.' ....:. . :,'1:;'"... . ,~~~'..~~'.' .~. ,~,,:... :..t', \ .... ..,+,'\I,\'j' .' ',,1". l'.~ ':~"." .f;o' ..' j
.
.
.
according to Code. Staff has cited and notified building owners regarding work necessary
to meet minimun1 codes. Currently, permits have been applied for to address necessary
repairs regarding Unsafe Code items.
Previously, two permits were p'ulled and work was begun. Some serious items
were repaired or replaced, including steel columns that support the decks west of the
building. While the contractor on each prior permit did work, the entire project never was
, completed nor was the space made usable. Since then, several parties have presented
ideas and drawings for various uses. While each idea seemed logical, sincere, and
permittable, none was pursued. The latest submittal for a permit does not define use of
the space and has zoning, fire, and building code issues that need to be satisfied. The
Code allows options for the property, which need to be discussed with the Planning
Department.
On February 5, 2002, staff met with Belleview Biltmore Resort, L TD representatives
about the current permit application. Staff informed the owners and project manager that
the City needs assurance that current permit work will be completed. The owners offered
to post a $,150,000 bond as guarantee that the work will be completed or the money
would be used to raze the structure. Staff has obtained bids for demolition of the building,
pool, and all appurtenances and repair of the common wall.
. In addition, Belleview Biltmore representatives have agreed to address some
neighboring resident concerns, such as security and pest control, and to meet with the
neighborhood ownership association to inform them of their plans.
In response to a question, Mr. Kronschnabl reviewed staff's plan to monitor the
repairs. In response to a question, the City Attorney said the performa,nce bond would be
call~d if work is not completed. Mr. Kronschnabl said this project differs from earlier
attempts as the City now has the plan in writing and a performance bond. The City
Manager said staff still may request spending mo~e than $100,000 to raze the structure'
but recommended pursuing this approach now. It was stated many Sand Key residents are
unhappy with the situation. In response to a question, Mr. Kronschnabl said while the '
project to repair the exterior may be completed in less than six months,that amount of
time was requested in case additional problems are discovered. He said ext'erior
renovations will begin as soon as permits are issued.
Other City A.ttorney Items
ITEM #24 - Res # 02-13 assessing a lien against 1000 North Fort Harrison in the amount
of $6,803.46 for the costs of demolition incurred in removing a dangerous structure
without the consent of owner,
mcc02a02 '
11
02/07/02
. . '" . , '.'. " '. . ' ,'. . . . I . . : ' .' ".' .' _ .. I ",' . .' . " . +. I' " t , .' ~ .. . '. , I " , ... '. '. '. ~ ~'.' .'..
. The City Attorney presented Resolution #02-13 and read it by title only.
Commissione'r Gray moved to pass and adopt Resolution #02-13 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson, and Aungst.
"Nays": None.
ITEM #25 - City Attorney Items - None.
ITEM #26 - City Manager Verbal Reports
Assistant City Manager Brumback reviewed efforts to repair the Cleveland Street
railroad crossing, which began in July 2001. He is working with FOOT {Florida
Department of Transportation} and CSX Railroad and hopes the issues are resolved soon.
The Cleveland Street crossing will be closed for 3 to 4 weeks. Conflicts with Spring Break
traffic are being avoided.
The City Manager said the City's Hispanic Initiatives program is producing good
results. It is important residents are aware of City efforts and work with other
organization~,
.
Ms. Goudeau reported FLC (Florida League of Citi~s) legislative action day is
February 19-20, 2002. Commissioners Hart and Jonson plan to attend. Further
Commission lobbying efforts in Tallahassee will be determined.
Regarding Ms. Goudeau's reference to the February 12, 2002 Special Work Session
to review Commission policies, consensus was to begin the meeting at 9:30 a.m. instead
of 10:00 a.m.
,Regarding Ms. Goudeau's reference to a planned cell tower work session with'
industry representatives, consensus was not to schedule it for April 1, 2002. It was felt
the visioning sessions should have priority over cell towers.
ITEM #27 ~ Other Commission Action
Commissioner Gra~ reviewed events associated with the visit from the delegation
from Clearwater's Sister City, Nagano, Japan.
The Commission complimented Commissioner Gray's efforts as host.
. Mayor Aungst noted Commissioners had paid for their own meals when entertaining
the Nagano delegation.
.
., ,
Commissioner Jonson requested an update on County billboard negotiations. , The
City Attorney reported a public hearing is scheduled for February 12, 2002, regarding
mcc02a02
12
02/07/02
. . , ,I.... ~' , ',' ~ ' , . .' . '. . .;' '.. .;.. . ,'. .' ~ ... I .". :. '. . '
.
.
.
finalized negotiations with Lamar. The County has not released a draft regarding an
agreement with a second firm. The agreement with a third firm is in negotiation.
Commissioner Jonson said meetings associated with his appointment to a TBRPC
(Tampa Bay Regional Planning Association) sub-committee will conflict with his attendance
at PAC (Pension Advisory Committee) meetings and requested a replacement be appointed
after the March 12 election.
Commissioner Jonson reported on his visit to Gagne Wallpaper.
Commissioner Jonson requested direction regarding an upcoming PST A issue about
loosening PST A's prohibition of issue oriented advertising on PST A buses. Consensus was
the Commission's position is that the policy remain as is.
Commissioner Jonson stated he and his wife celebrated their wedding on February
2, and are truly blessed by great friends and wonderful community. He presented
Commissioner Hamilton with a picture of Hoyt House, a bed and breakfast in the
community where the Jonsons spent their honeymoon.
Commissioner Hamilton referenced the retirement of Cle=3rwater High School
basketball coach Rudy Coffin, and recommended a public acknowledgment of Coach.
,Coffin's work.
Commissioner Hamilton wished luck to Commissioner Hart's son and the Tornado's
JV basketball team on their final game of a perfect season.
The Commission congratulated Commissioner Jonson on his recent marriage.
Mayor Aungst said he had welcomed New York City. firefighters on January 27,
2002, when they visited Clearwater and attractions due to the generosity of local
businesses.
Mayor Aungst reported the grand' opening of the RCS Food Pantry at 700 Druid
Road is at 9:00 a.m. on February 8, 2002.
, Mayor Aungst said the Clearwater American & National Little Leagues kickoff is on
February 23, 2002 at Sid Lickton Field.
Mayor Aungst said MacDiII Air Force Base General Hodges had telephoned regardin~
, a planned press release, reporting cancellation of this year' 5 Air Show.
ITEM #28 -' Adjournment
The meeting adjourned at 8:02 p.m, '
------
ATTEST:
---..
'0.:
...11 .....( '~..1-",
mcc02a02
13
02/07/02