08/22/2002 (2)
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CITY COMMISSION MEETING
CITY OF CLEARWATER
August 22, 2002
Present: Brian J. Aungst
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Frank Hibbard
Mayor/Commissioner
Vice-M ayor/Com missioner
Commissioner
Commissioner
Commissioner
Also present: William S. Horne II
Garry Brumback .
Ralph Stone ,
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Deacon Grevenites, 51. Brendan's Catholic 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
,One service award was presented to a City employee., '
'ITEM #4 - Introductions. Awards. and Presentations
a) 2002 Legislative Wrap-up: Representative Frank Farkas - Chairman Pinellas County
Legislative Delegation and Representative John Carassas '
Representative John Carassas reviewed legislative issues addressed this year. The
Mayor presented him with a plaque in appreciation of work done during 2002 legislative session.
Representative Frank Farkas addressed the Commission. The Mayor presented him with
a plaque in appreciation for his service as Chair of the Pinellas County Legislative Delegation.
b) Graduation of Citywide Leadership Group
Graduates of the Citywide Leadership Program were recognized and presented plaques.
c) Pinellas County Library Cooperative Gr~nts
, . Library Director John Szabo presented two checks to the City Commission from the
Pinellas County Library Cooperative, representing grants: 1) $100,000 - construction of new
North Greenwood Library; and 2) $100tOOO - construction of new Main Library.
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ITEM #5 ~ Approval of MInutes
, Commissioner Hibbard moved to approve the minutes of the regular meeting of August 8,
2002, as submitted in written summation by the City Clerk to each board member. The motion
was duly seconded and carried unanimously.
ITEM #6 - Citizens to be heard re items not on the AQenda - None.
, PUBLIC HEARINGS
Item #7 - Declare as surplus for the purpose of offering for sale and advertising for net bid
amount of not less than 570,000, Harvev Park Subdivision, Block S, Lots 1 through 12 inclusive
to the highest bidder meeting certain criteria. PW
The City owned property located at HARVEY PARK Subdivision was purchased in 1997.
The desire was to eventually develop the property for affordable housing purposes.
The property is currently zoned commercial and will need to be rezoned to residential.
The City is planning on starting this process within the next month. This process will take
approximately four to six months. If the rezoning process is still underway when the property is
, transferred to the subsequent owner, the City will list the new owner on the rezoning application
as a co-applicant.
It is anticipated that approximately 4-6 residential infjlllots will be derived as a result of
the rezoning.
The City has developed criteria so that we can be assured that whatever entity bids on
the property it will be developed for our intended purposes. The criteria allows the City to offer
the property to those organizations that have the capacity and experience to develop the
property for affordable housing purposes.
The minimum bid amount is supported by a May 1, 2002 appraisal performed by Jamas
r\~iIIspaugh, MAl, valuing the subject property in that amount.
Commissioner Hamilton moved to declare as surplus for the purpose of offering for sale'
and advertising for net bid amount of not less than $701000. HARVEY PARK SUB., Block B, Lots
,1 through 12 inclusive, to the highest bidder meeting the following criteria: Bidder shall be a
development team having a minimum of 10 years development experience in affordable single-
family residential infill housing; bidder shall be a non-profit corporation in gqod standing
specializing in housing construction; bidder shall develop the property for single family residential
home ownership; bidder shall screen potential homebuyers to ensure they are eligible for State
and Federal assistance if such funding will be used by the bidder; bidder shall guarantee that the
maximum sales price for each completed residential dwelling shall not exceed $120,000; and, if
State and Federal funds'are used in the project, bidder must commence construction by not later
than March 1,2003 and guarantee to complete the project by not later than March 1.2005. The
motion was duly seconded and carried unanimously.
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08/22/02
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. Item #8 - Not a public hearino - Update reoardinq Beach Parkino
At the July 18. 2002 Commission meeting, the Administration was directed to ~6ntinue
due diligence and negotiations on the three proposals for North and South Beach parking
presented to the Commission. .
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Pelican Walk Site
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Directly following the July 18 Commission meeting, staff ordered a detailed parking
. demand analysis for the. North Beach area. Chance Management Advisors, the firm that
conducted the feasibility study for the Pelican Walk garage, will begin data collection '.'Jark on
August 16 through 19. The firm will gather information again over the Labor Day holiday
"'"Jeekend (the peak period). The City should receive a draft report by September 30. 2002.
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Staff met with Mr. Anastasopoulos. the owner of the Pelican Walk shopping center and
parking lot, and his attorney on July 23, 2002 to. discuss two issues: 1) The length of time the
owner is willing to hold our position on the property while the City conducts its due diligence on
the project including receiving updated parking demand figures and discussing bond
preparations and 2) The alternatives available for dealing with the 101 parking spaces
. associated with the existing Pelican Walk reta'i!. Subs~quent to this meeting, staff met With bond
counsel to discuss the funding options associated with the proposed garage.
Marriott Seashell Interim Parking Lot
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The "Marriott Seashell", developers submitted their site plan and proposal to the City to
develop a temporary surface parking lot consisting of 155 spaces on their current site.. The
amendment to the Development Agreement, which includes site plan approval for the interim
surface parking 101'. will go before the Community Development Board on August 20, 2002. This
'item is also a Commission Agenda Item and is described in more detail in the cover
memorandum and Planning staff report.
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After the Commission meeting, staff met with the developer to refine the terms of the deal
. to reflect the concerns expressed by the Commission related to the current City rights of \'.fay that
,,,ay be vacated and the value of the units from the Resort Unit Bonus Pool. Staff negotiated the
. following terms t9 the. Amendment to the Development Agreement: 1) The interim surface
~arking lot will be'leased to the City for $2,500 per space per year. paid on a monthly basis
{S31,667/month), and suppo'rted by 152 out of 155 spaces proposed and 2) The agreement
:>bligates the City to purchase the property at fair rnatket value of up to $6,000,0001 determined
':Jy an appraisal, if construction of the resort hotel does not commence by March 1, 2006.
Specifically, th~ terms of the appraisal will reflect the higher of (1) the highest and best use of the
::>roperty at the time of appraisal; or (2) the value of the property with the existing buildings which
~nclude 65 units at the time of execution of the development ag,reernent. This method of
appraising the property doesnot include the value added to the project by the bonus pool (185
units) or the rights of way belonging to the City (Third Street and the 35 feet of South Gulfview) at
this time.' Two appraisers, retained by the City, will conduct.the appraisals. In the event that the
appraisals differ by more than 200/0. a third appraiser will select among the two appraisals the
one that most accurately reflects the fair market value of the property.
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. Howell's South Beach Proposal
In response to the Commission's directive. Dr. Howell submitted two proposals for
consideration for a parking solution on South Beach. Dr. Howell met with Staff on August 9.
2002 to discuss the points of the two proposals. In both proposals, the City would purchase the
land assembled by the developer and construct a surface parking lot. 80th proposals include
detailed financial figures (see attached) in which the City uses tax-exempt bonds to pay for the
purchase of the land and construction of the surface parking lot. Lastly t both proposals indicate
a positive cash flow in the first year given full parking demand based on average revenues
currently being generated on the Beach,
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The first proposal encompasses approximately 99,000 square.feet between Hamden and
Coronado (see attached for map and financial description). The property is bounded'on the
north near Brightwater (excludes the property owner on Brightwater). extends south along
Coronado and Hamden to Bayside Drive, and includes the vacation of Fifth Street. The total
land purchase price for this property is $8,624,950. Excluding the 13,200 square feet of the Fifth
Street right of way, the purchase price is estimated at $100 per square foot. Dr. Howell
estimates that the property can support approximately 275 surface parking spaces. At $3,000
per space per year, the parking lot can generate $825,000 in revenue that can cover operating
and maintenance expenses estimated at $821,934. Cash flow to the City in the first year is
therefore 53,065.
The second proposal encompasses approximately 73,000 square feet on the southern
block between Harnden and Coronado (see attached for map and financial description). The
property is bounded by Fifth Street to the north, includes half of the Fifth Street right of way,and
extends southward to the intersection of Hamden and Coronado excluding one property owner
on Coronado. The total land purchase price for this property is $6,206,950. Excluding the 6,600
square feet of half of the Fifth Street right of way, the purchase price is estimated at $93 per
square foot. Dr. Howell estimates that the property can support approximately 206 surfa~e
parking spaces. At $3,000 per space per.year, the parking lot can generate $618,000 in revenue
that can cover operating and maintenance expenses ($500 per space) estimated at $604,680.
Cash flow to the City in the first year is therefore $13,320.
Recommendation
Pelican Walk Site
Administration will continue negotiating with the Pelican Walk owner in order to develop a
contract to purchase the property. Staff will also update the demand analysis and develop ,
funding alternatives to bring back to the City Commission for approval..
Seashell Site
Administration recommends the approval of the interim parking lot and'development
agreement amendment for the Seashell site. The City Commission will review this action as a
separate agenda item associated with the development agreement amendment.
mcc08b02
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08/22/02
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. Howell Site(s)
Dr. Howell has submitted two addit~onal alternatives that are less costly than previous
proposals, but still would require "up front"expenditure of approximately $8.6 million or $6.2
million, respectively. Concerns exist regarding the demand (and associated revenues) for
parking in this area, particularly if Beach Walk is not funded or if the Seashell interim parking or
Seashell long term parking is developed.'
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Administration.recommends continued negotiation with Dr. Howell regarding this area to
determine if alternatives can be defined that would both reduce the City's front end costs and
provide more confidence regarding the revenue potential of this area. .
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In response to a question, Assistant Director of Community Redevelopment Geri Campos
reviewed the boundaries of the proposals. In response to a question, Assistant City Manager
Ralph Stone said it was unlikely staff would support Dr. Howell's proposal, which included half of
the right-of-way.
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Item #9 - Review and approve of an amendment to the Development Agreement between the
Clearwater Seashell Resort LC and the City of Clearwater which provides for the interim use of
the property as a public parking lot; extends the time frames for both the hotel project and interim
project; provides lease terms for the parking lot; adds a provision requiring the City to purchase
the property under certain conditions; authorizes staff to establish a new capital improvement
project to purchase the site for up to $6 million; and approves an interlund loan of $2 million
from the Central Insurance Fund and $2 million from the General Fund and commits $2 million of
the retained earnings of the Parking Fund to total $6 million of the estimated project cost. PLO
The subject site is 1.63 acres located on both the north and south sides of Third Street,
between South Gulfview Boulevard and Coronado Avenue. It is located within the catalytic
project area defined by Beach by Design and is a priority candidate for redevelopment on .
Clearwater Beach. The Community Development Board (COB) approved a site plan for this site
on February 20, 2001, which included a 250':room, full-service, resort hotel with 75D-space
parking garage (350 spaces for the hotel and 400 spaces open to the public). The Board also
reviewed and recommended approval of a Development Agreement between the City and
developer, at the same meeti~g.
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The original Development Agreement, adopted by the City Commission on March 1,
2001, includes the following major developer commitments: 1) construction of improve'ments
and participation in the financing of South Gulfview Boulevard to create Beach Walk (between
First Street and the South Beach pavilion; 2) dedication of 10 feet of right-of-way along Coronado
Drive; and 3) availability of 400 pa~king spaces in the private garage for public use.
Construction of the hotel has yet to commence, because of unexpected litigation and a
. negative economic climate (due in part to acts of terrorism). The applicant submitted a request
to extend the time frames for development and to allow an rnterim project until the resort hotel is
constructed.' At its July 18, 2002 meeting, the Commission directed Staff to proceed with
discussions with the applicant on the interim use of the site subject to modification of the
Development Agreement.
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The major changes to the Development Agreement include the following: 1) Proiect Tj~
Extension: The agreement proposes to extend the time period for compliance with the street
vacation ordinance for 18 months to Marcht 2006. The agreement also proposes to extend the
time for commencing construction on the hotel project by 4 years from March, 2002 to March,
2006; 2) Interim Proiect Use: The site may be used for an interim period (until March 2006) as a
155-space surface parking lot, until. a resort hotel is built on the property; 3) Construction Period:
The parking lot must be built within 12 months of Development Agreement and site plan
approval: and 4) Lease Terms: The terms provide that the "turn key" lot will be constructed by
the developer and leased to the City for $2,500 per space per year. This will be paid on a
monthly basis ($31,667/month), The lease cost is based on a total of 152 spaces. Estimated
operating costs for the first year are $85,310 or $533 per space.
A projection of the parking fund's net profit was distributed. In response to a questiont
Assistant Planning Director Usa Fierce said the agreement indicates the City Commission will
consider extending the resort pool. The City Attorney.said a separate action by the City
Commission would be necessary. Assistant City Manager Ralph Stone said the developer has
not been able to take advantage of the resort pool due to negative economic impacts, which
have affected the resort sector. Staff will recommend extending the resort pool by 12 to 18
months.
Four people spoke in opposition to the proposal.
Richard Gehring, representing Clearwater Seashell Resort. spoke in support of Beach
Walk and of his commitment to developing the resort. He said a walkway will provide pedestrian
access across the site.
It was stated razing the motel p'roperties and constructing a parking lot will increase
beach parking and decrease competition for other hoteliers. Mr. Stone said the proposal
includes at least 155 new spaces. Construction of Beach Walk requires elimination of 270 beach
front parking spaces. The Beach Walk project also will add between 50 and 70 spaces on the
road, along with drop zones. Parking lots at the Adams Mark Hotel and Pier 60 will remain. The
Seashell Resort agreement requires construction of 400 public parking spaces and payment of
half the costs related construction of Beach Walk.
Concern was expressed funds set aside for this item will impact City obligations to the
Jolley Trolley and lifeguards. Concern was expressed the $6.million reserve could be better
applied to City prior.ities, such as beach infrastructure.
. .
It was indicated the City will provide signage for beach-bound pedestrians., In response
to a question, Mr. Stone said a $500,000 federal grant will cover costs to design Beach Walk,
which should be completed within a year. An additional federal appropriation has been
requested for construction cost. Mr. Stone said 3rd Street will not be vacated until this resort
hotel is constructed. Mr. Stone said two parties have indicated a willingness to assume the
City's position in the buyout. In response to a question, Ms. Fierce said a 1 O-foot walkway will
cross the parking lot and provide egress on the east and west sides. The lot will 'be fenced to
direct drivers to the pay station. It w~s stated although funds are being allotted for this project.
they will not necessarily be spent.
mccOBb02
6
08/22/02
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Commissioner Gray moved to approve an amendment to the Development Agreement
between the Clearwater Seashell Resort lC and the City of Clearwater which provides for the
interim use of the property as a public parking lot; extends the time frames for both the hotel
project and interim project; provides lease terms for the parking lot; adds a provision requiring
the City to purchase the property under certain conditions; authorizes staff to establish a new
capital improvement project to purchase the site for up to S6 million; and approves an interfund
Joan of $2 million from the Central Insurance Fund and $2 million from the General Fund and
commits $2 million of the retained earnings of the Parking Fund to total $6 million of the
estimated project cost and the appropriate officials be authorized to execute same. The motion
was duly seconded. Commissioners Gray, Hamilton, Hibbard, and Mayor Aungst voted "Aye";
Commissioner Jonson voted "Nay." Motion carried.
Item #10- Public Hearino & First Reading Ord #7001-02. #7002-02 - Land Use Plan Amendment
and Rezonin.q for property at 3021 State Road 590 (lot 2, South Oak Fashion Square in Section
09, Township 29 South, Range 16 East) (Bayridge Apartments, LLCIAdvent Realty Ltd.
Partnership) LUZ 2002-05004 PLD
This site is located on the south side of State Route 590, approximately 725 feet west of
McMullen Booth Road. The subject site is approximately 10.05 acres in area and is currelitly
developed with six (6) three-story structures housing 222 multi-family residential units and one
(1) structure utilized as an office/pool house. The purpose of the land use plan amendment and
rezoning is to bring an existing use into conformity with the Community Development Code.
When the property was developed in 1990. it had a land use plan designation of Industrial .
Limited (Il) and was zoned Industrial Planned Development (IPD), which considered the use to
be conforming. The (IPD) zoning designation was reclassified to the Industrial, Research,
Technology (IRT) District when the new Community Development Code was adopted in 1999,
The IRT zoning district does not permit multi-family dwellings, therefore. the existing Bayridge
Apartments complex is a legal non-conforming use.
The applicant is proposing to amend the Future Land Use Plan designation of this
property from the Industrial Limited (Il) category to the Residential High (RH) category.
Additionally, a.zoning atlas amendment is requested to rezone this property from Industrial,
Research, Technology (IRT) District to the Medium High Density Residential (MHDR) District to
render this site conforming.
The Planning Department determined that the proposed land use plan amendment and
rezoning applications are consistent with the standards specified in the Community Development
Code:
The proposed land use plan amendment .and rezoning application are consistent with the
Comprehensive Plan. '
The potential range of uses and the specific proposed use are conlpatible with the
surrounding area. Sufficient public facilities are available to serve the property. . The applications
will not have an adverse impact On th~natural environment.
. Department of Community Affairs approval is required prior to second reading of the
Ordinances. .
mccOBb02
7.
08/22/02
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. Commissioner Hibbard moved to approve a Land Use Plan Amendment from Industrial
Limited (Il) to Residential High (RH), and a Zoning Atlas Amendment from Industrial, Research.
Technology (IRT) to Medium High Density Residential (MHDR) for property located at 3021 State
Route 590 (Lot 2 South Oaks Fashion Square in Section 09, Township 29 South, Range 16
East). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #7001-02 for first reading and read it by title only.
Commissioner Hamilton moved to pass Ordinance #7001-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
The City Attorney presented Ordinance #7002-02 for first reading and read it by title only. .
Commissioner Jonson moved to pass Ordinance #7002-02 on first reading. The motion was
duly seconded and upon roll call, the vote was: '
"Ayesll: Gray, Hamilton, Jonson. Hibbard, and Aungst.
IINays": None.
Item #11 - Public HearinQ & First Reading Ord #7006~02 - Rezoninq of property at 1214 Franklin
Circle (Lot 5, Block J, Hibiscus Garden in Section 15, Township 29 South, Range 15 East)
(Alpina Investment, Inc.) REZ 2002-05002 PLD
The subject property is located 750 feet south of Cleveland Street and 300 feet east of
Missouri Avenue. This site is approximately 0.176 acres in area and IS currently developed with .
an unfinished single-family structure. The purpose of the zoning change is to bring an existing
use into conformity with the Community Development Code. When initial development began on
the property in 1998, it was zoned Office Limited (OL) and the development was conforming. The
OL zoning designation was reclassified to the Office (0) District when the new Community
Development Code was adopted in 1999. The Office zoning district does not permit single-family
dwellings outside of a mixed-use district, therefore, the existing facility is a legal non-conforming
. .
use.
Currently, the subject site has a Future Land Use Plan designation of Residential/Office
General. The proposed Medium Density Residential (MDR) zoning district is consistent with this
plan category. This district permits 15 dwelling units per acre and the site den sity is com pli ant.
The Planning Department determined that the proposed rezoning is consistent with the
following standards specified in the Community Development Code: 1) The proposed rezoning
application is consistent with the Comprehensive Plan; 2) The proposed rezoning provides
.. consistency between the City's zoning map and Future Land Use Map; 3) There will be no
adverse impacts on public facilities and their level of service; 4} The district boundaries are
appropriately drawn with regard to locations and classifications of streets, own~rshjp lines,
existing improvements and the natural environment; and 5} The potential range of uses and the
specific proposed use are compatible with the surrounding area. .
mccOBb02
8
08/22/02
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The Community Development Board reviewed this proposed rezoning at its regularly
scheduled meeting of March 19. 2002 and unanimously recommended approval.
In response to a question, Long Range Planning Manager Gina Clayton said the property
owner plans to complete construction of the single-family residence on site. '
Commissioner Hibbard moved to approve a Zoning Atlas Amendmer1t from Office (O)
District to Medium Density Residential (MDR) District for property located at 1214 Franklin Circle
(Lot 5, Block J, Hibiscus Garden In Section 15. Township 29 South, Range 15 East) and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #7006-02 for first reading and read it by title only.
, Commissioner Hamilton moved to pass Ordinance #7006~02 on first reading. The motion was
duly seconded and upon roll call, the vote was: '
IIAyesll: Gray, Hamilton, Jonson. Hibbard, and Aungst..
"Nays": None.
,The Commission recessed from 7:27 to 7:38 p.m.
Public Hearing - Second.' Reading Ordinances
It ~as noted Item #13 needed to be'acted on prior to Item #12.
, .
Item #13 .;, Ord #6981 ~02 approve text amendments to the Community Development Code to
establish the NeiQhborhood Conservation Overlav District for Island Estates.
The 'City Attorney presented Ordinance #6981-02 for second reading and read it by title
only.
Seven people spoke in opposition.
Three people spoke in support.
Discussion ensued regarding proposed changes. It was stated when the current Code
. was adopted. residents were promised the opportunity to establish NeODs to preserve
neighborhood character. It was noted 7 of the, 13 recommendations are included in the current
code. It was felt the results should stand~ as the 'process was established. The City Commission
has agreed to review the district next year. . ,
Commissioner Hibbard moved to pass and adopt Ordinance #6981-02 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
'''Ayeslt: Hamilton, Jonson, and Hibbard.
"Nays": Gray and Aungst.
Ordinance adopted.
mcc08b02
9
08/22/02
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Item #12 - Ord #6980-02 approve a Zoninq Atlas Amendment for the Island Estates
Neighborhood by applvinq the Island Estates Neiohborhood Conservation Overlav District as an
Overlay District in addition to the existing Low Medium Density Residential District. Medium
Density Residential District. Medium High Density Residential District. High Density Residential
District, Institutional District, and Commercial District for the Island Estates neighborhood.
The City Attorney presented Ordinance #6980-02 for second reading and read it by title
only. Commissioner Jonson moved to pass and adopt Ordinance #6980-02 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
t1Ayestt: Hamilton, Jonson, and Hibbard.
IINaysu: Gray and Aungst.
Ordinance adopted.
Item #14 - Ord #6999-02 amendino Chapter 21. repealinQ Section 21.04 of the Code of
. Ordinances reoardinq fortunctellers, etc.
. .
The City Attorney presented Ordinance #6999-02 for second reading and read it by title
only. Commissioner Hamilton moved to pass and adopt Ordinance #6999-02 on second and
final reading. The motion was duly seconded and upon roll.call, th~ vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard. and Aungst.
UNayslt: None.
Item #15 - Ord #7007-02 - approve addin~ paraClraph '(11) to Chapter 33. Secfion 33.067 of the
Code of Ordinance adding a new desionated slow down minimum wake zone off Windward
Island on Isla"nd Estates.
The City Attorney presented Ordinance #7007-02 for second reading and read it by title
only. Commissioner Jonson moved to pass and adopt Ordinance #7007-02 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
t1Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
Item #16 - Ord #7016-02 amendina Ordinance 6675-01 related to City of Clearwater Revenue
Bonds to be issued for the Community Sports Complex in order to provide for the use of certain
revenues of the City to pay a portion of the bond debt service requirements.
The City Attorney presented Ordinance #7016-02 for second reading nnd read it by title
only. Commissioner Gray moved to pass and adopt Ordinance #7016-02 on second and final
reading. The motion was duly seconded and upon roU call, the vote ~as:
ItAyeslt; Gray. Hamilton, Jonson. Hibbard, and Aungst.
UNays": None.:
mcc08b02
10
08/22/02 '
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Item #17 - Ord #7017..02, amendino Neiqhborhood and Affordable HOllSinQ Advisory Board
91dinance to reduce the number of members serving on the board, reduce the number of
members necessary for a quorum\ and making other clarifying revisions.
The City Attorn'ey presented Ordinance #7017-02 for second reading and read it by title
only. Commissioner Hamilton moved to pass and adopt Ordinance #7017~02 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
'1Ayes": Gray, Hamilton. Jonson. and Aungst.
tINays": None.
Absent: Hibbard.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-32) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval by a
single motion., However, any City Commissioner or the City Manager may remove an item from
. the Consent Agenda for discussion and individual vote.
ITEM #18 - Approval of Purchases (& Declaration of Surplus) per PurchasinQ Memorandum:
1) Purchase high service pumps, transfer pumps, variable frequency drives and pump barrels
from Hudson Pump Co. for $182,725.
2) Service contract with-Mastec North America Inc. for installation of gas mains, service lines
and taps during the contract period of October 1, 2002 through September 30, 2003 for
$796,685.
3) Service contract with Mastec North American Inc. for installation of underground exterior
housepiping during the contract period of October 1, 2002 through September 30, 2003 for
$158,500.
4) Purchase of an upgrade storage area network from Integrated Mass Storage Systems for
$60,134.
5) SelVice contract with Angelo's Aggregate Materials for disposal of materials suitable for
recycling, construction/demolition and yard waste during the contract period of September 20.
2002 through September 30, 2003 for $600,000.
6} Purchase ZABOCS Models Z8-500 and Z8-5200 biological odor control systems from US
Filter for $94,500. .
ITEM #1 9 - Award a contract for "Improvements to Clearwater Airpark, Runway and Taxiwav
16/34" (01..(J050-AP) to Kloote Contracting. Inc. of Palm Harbor, Florida for the sum of
$401,408.29 which is the lowest responsible bid received in accordance with the plans and
specifications. MR
In response to a question. Marine & Aviation Director Bill Morris said the project, part of
the Airpark's Master Plan, will increase the physical length of the runway without increasing its
'fegallength. The jet that recently landed at the Airpark was overweight and cited, The FAA
determines where jets can land.
mcc08b02
11
08/22/02
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ITEM #20 - Approve a lease agreement between RSGN. Inc.. a Florida Corporation. as Lessor.
and the City of Clearwater, as the Lessee, for the premises located at 1217 AN. Ft. Harrison
Ave" Clearwater, FL for a period of three years commencing on October 1. 2002 and terminating
on September 30, 2005, at an annual rental of S8,400. PO
ITEM #21 - Approve acceptance of FY 2002 Local Law Enforcement Block Grant (LLEBG)
fundinQ for two years in the amount of $203,782 from the U.S. Department of Justice/Bureau of
Justice Assistance. PO
ITEM #22 - Approve the transfer of $26.936.46 received from Clearwater HOllSinQ Authoritv for
Qavment in lieu of taxes to the Clearwater Homeless Intervention Project Inc. (CHIP). PO
ITEM #23 '- Approve a lease agreement between the Clearwater HousinQ ~uthority, known as
the Lessor and the City of Clearvvater as Lessee, for the premises located at 2931 Sandlewood
Drive, Clearwater, Florida, for a term of one year commencin'g August 1, 20D2 and terminating
on July 31, 2003. PO
ITEM #24 - Approve a contract with Central Florida Used Auto Parts. Inc.. a Florida
corporation, to purchase a portion of Section 3, Township 29 South, Range 15 East, as more
particularly described in said contract, for $750,000 plus $60,000 to reimburse Seller for pre-
contract environmental site assessment expenses, up to $4,800 to fund 500/0 share of 2002 ad
,valorem taxes, plus estimated boundary survey and closing expenses of 53,750 for total
estimated acquisition and transaction costs of $818,550. PW
ITEM #25 - Approve a contract with Wallace Wade and Earnestine U. Wade. to purchase a
portion of their fee estate and certain temporary and perpetual easement rights in Pine Srook
Unit No.2, Block E, Lot 4, for $10,100 plus estimated survey costs, title insurance fees and
'closing costs of $1,500, for a total acquisition amount not to exceed $11,600. PW
. '
ITEM #26 - Approve a contract with Annie Birt, to purchase a portion of her fee estate and
certain temporary and perpetual easement rights in Pine Brook Unit No.2, Block E', Lot 5, for
$10,100 plus estimated survey costs, title insurance fees and closing costs of $1,500, for a total
acquisition amount not to exceed $11',600. PW
ITEM #27 - Approve a contract with Robert E. and Sara J. King, to purchase Pine Brook Unit
No.2, Block E. Lot 1, for $100,000 plus estimated survey costs, title insurance fees and closing
costs of $1,800, for a total acquisition amount not to exceed $101,800. PW
ITEM #28 - Approve a work order to Parsons Enflineering Science. Inc.. an Engineer of
Record, to provide engineering design and permitting services for the Palmetto Street Sediment
Sump for the sum of $71,044. PW
\TEM #29 - Approve a work order for enqineerinQ desiqn of the North Greenwood Traffic
Cahning Desh:'ln and Construction Administration Services (02-D05S-EN) to Wade Trim in
the amount of $184,721.96. PW
ITEM #30 - Award a contract for the Grandview Terrace Traffic Calming and Storrnwater
Improvements (99M0023-EN) to MTM Contractor, Inc, in the amount of $618,566.75, which is the
lowest responsible bid received in accordance with plans and specifications. PW
nlcc08b02
12
, 08/22/02
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ITEM #31 - Approve the final plat for "BELLE HARBOR" located at the northeast corner of
Bavmont St. and Mandalay Ave, on Clearwater Beach. PW
ITEM #32 - Approve release of consent of sale restriction on property known as Atrium buildinq
and retaining certain restrictions on the transfer of the property. CA
Commissioner Jonson moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
,carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #33 - Adopt Resolution No. 02-43 providinq for the sale of not to exceed 515.5 million,
Revenue Bonds, to fund a Community Sports Complex. FN
Ordinance 6675-01 was adopted on January 18, 2001, Ordinance 6854-01 was adopted
on September 6,2001, and Ordinance 7016-02 is scheduled to be adopted on August 22,2002,
all of which authorize the issuance of Revenue Bonds to finance a Community Sports Complex.
The principal and interest on these bonds are to be paid from payments to be received
from the State of Florida and Pinellas County. The State of Florida has agreed to pay $500,000
per year ($41,666.67 per month) for 30 years and Pinellas County has agreed to pay $587,650
per year ($48,970.83 per month) for 20 years. Both entities began making payments 3/1/01. We'
are holding those payments in anticipation of issuing these bonds.
In order to satisfy concerns of the bond insurance company, Attachment E to this
resolution is a Debt Service Agreement between the City and MBIA Insurance Corporation which
commits the City to pay the debt service on the bonds, whether or not agreed upon payments
have been received from the State of Florida and Pinellas County. '
Due to the complexity of this bond issue, this resolution authorizes a negotiated sale of
these bonds, rather than a competitive sale. Staff feels that this is in the best interest of the City.
The firm of UBS Paine Weber has been selected to be senior managing underwriter since they
,were the low bidder on the City's last competitively bid bonds (2002 Water and Sewer Bonds).
The firm of Salomon Smith Barney has been selected to be the co-manager on this deal since
they were the low bidder on the previous competitively bid bonds (2001 Sales Tax Revenue
Bonds) .
This resolution authorizes the City Manager and Finance Director to award the sale of the
bonds. Only the amount of bonds will be issued that can be supported by the payments
expected from the State of Florida and Pinellas County (under the respective agreements), plus
any expected interest earnings on ~uch payments.
Finance Director Margie Simmons reviewed a change to permitted investments of funds
received by the State and County prior to the funds being submitted to the paying agent for
payment to the bondholders. Changes to Section 13 of the resolution further restricts permitted
investments and elim,inates any possibility of market loss on the investments in the short time
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period that the funds are held prior to disbursement. This does not change interest assumptions.
The bond company is not comfortable with market risks and wants the funds in a money market.
Commissioner Hamilton moved to approve providing for the sale of not to exceed S 15.5
million Revenue Bonds, to fund a Community Sports Complex, as amended. and that the
appropriate officials be auth'orized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #02-43 and read it by title only. Commissioner
Gray moved to pass and adopt Resolution #02-43 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roJl,call. the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM #34 - Approve the State of Florida Department of Transportation contract renewal for
sweeping State roadways. and adopt Resolution No. 02-39 PW
The maintenance agreement between the Florida Department of. Transportation and the
City' of Clearwater will expire on October 2. 2002. The contract has an annual renewal option for
the continued sweeping of 23 miles of various state roadways in 26 cycles.'
The City of Clearwater Legal Staff has coordinated the scope of services with the FOOT
represel':ltative. Renewal is sUbject to the same terms and conditions of the original agreement.
FOOT Standard Agency Format requires conformance with the Manual of Uniform Traffic
Control Devices (MUTeD). The Public Services Department' has the necessary equipment to
conform to the MUTeD, Le.... a shadow truck with an attenuator and arrow board.
FOOT compensation for services is based on miles of sweeping completed, currently
estimated at $13,306.54 but not to exceed 525,116 annually (at $43 per mile).
Operating costs to provide these services are approximately $25 per mile.
Commissioner Jonson moved to approve the State of Florida Department of
Transportation contract renewal for sweeping State roadways as outlined in the uScope of
Services," and that the appropriate officials be authorized to execute same. 'The motion was
. duly seconded and carried unanimously.
The City Attorney presented Resolution #02-39 and read it by title only. Commissioner
Hibbard moved to pass and adopt Resolution #02-39 and 'authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
ItAyes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
lTEM #35 -Approve an aQreement with the Florida Department of Transportation trangerrinn
ownership of Ft. Harrison Avenue/Drew Street from the State highway system to the City
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roadway system and transferring ownership of Myrtle Avenue from the City roadway system to
the State highway system. and adopting Resolution No. 02-35. PW
. The limits of Ft. Harrison Avenue to be transferred are from Belleair Road on the south to
Myrtle Avenue on the north. The limits of Drew Street to be transferred are from Ft. Harrison
Avenue to Myrtle Avenue. The limits of Myrtle Avenue to be transferred are from Chestnut Street
on the south to Ft. Harrison Avenue on the north. '
Once the transfer is complete Myrtle Avenue would become designated as Alternate US
19. The transfer would become effective once improvements are made to both roadways; Ft.
Harrison Avenue improvements scheduled from October, of 2002 to October of 2004. The Myrtle
Avenue improvements would be done between the spring of 2003 and the faU of 2004.
In response to a question. City Engineer Mike Quillen said the project will begin in Largo
and proceed north.
Commissioner Hamilton moved to approve an agreement with the Florida Department of
Transportation transferring ownership of Ft. Harrison Avenue/Drew Street from the state highway
system to' the city roadway system and transferring ownership of Myrtle Avenue from the city
roadway system to the state highway system, and that the appropriate officials be authorized t~
execute same. The motion was duly seconded and carried unanimously.
"Nays": None.
, I
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ITEM #36 - Adopt Res. 02-42 authorizina the subordination of an existinQ water line easement
on the west side of US 19/5R 55. iust south of SR 60, to the Florida Department of
Transportation (FOOT), and approve a subordination agreement with FOOT. PW
The Florida Department of Transportation has requested a subordination of utility
interest from the City for an existing water line easement along US 19/5R 55, on the former
Lubys Restaurant property just south of SR 60. The FDOT requests that the City adopt a
resolution to initiate the agreement process. The parcel of interest will be used to facilitate
transportation improvements along US 19 as part of the Whitney Road to SR 60
interchange project, and is in the best interest of the City. The City has water facilities
within this easement, and will retain the right to use this land for these facilities providing
they are in accordance with FOOT's current minimum standards as outlined in the Utility
Accommodation Manual. FOOT will pay to relocate the water line. if determined necessary.
Commissioner Gray moved to authoriz~ the subordination of an existing water line
easement on the west side of US 19/5R 55, just south of SR 60, to the Florida Department of
Transportation (FOOT), and approve a subordination agreement with FOOT, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #02-42 and read it by title only. Commissioner
Hamilton moved to pass and adopt Resolution #02-42 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vot~ was:
UAyes": Gray, Hamiltonl Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM #37- Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #38 - Other City Attornev Items - None.
ITEM #39 - City ManaQer Verbal Reports ' ,
a) Cabana Club Update
Development Services Director Jeff Kronschnabl relayed the history of Code violations at
the Cabana Club and presented before and after photographs. Repairs to ttie exterior of the
structure are 90% complete. The owners have agreed to repair all items on the City punch list
within 30 days. He recommended the City retain escrow money until the project is completed.
~ick Rubin, representating Sand Key, said the owners have kept their word to repair the
structure. Regarding the structure's future, he said the Sand Key Civic Association had indicated
a preference for a r~staurant, open to the public.
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Richard Wilhelm and Sam Downing, representing the property owners, reported work
should be completed within 10 days. They complimented the City's pr,ofessional staff.
It was requested staff be flexible and, if possible. expedite permitting necessary for the
project's next step.
ITEM #40 - Other Commission Action
Commissioner Hibbard, Commissioner Grav, and Commissioner Jonson today attended
the grand opening of the downtown Publix, a welcome addition.
Commissioner Hibbard said today he had attended the groundbreaking for Mediterranean
Village, a 10Q-townhome development downtown.
Commissioner Hibbard said he had attended a Pinellas County Safety Counsel meeting
and accepted an award on behalf of the City for the roundabout project at Acacia Circle. Officer
Kinchen also was presented an award for work on a successful seat belt program at Clearwater
High School.'
Commissioner Grav and Commissioner Hamilton said thE? FLC (Florida League of Cities)
meetings had been educational and offered an opportunity to interact with other elected officials.
. .
Commissioner Gray said she had attended a meeting in Jackson Hole, WY as a guest of
the Gas Department on behalf of the Mayor, where CGS Managing Director Chuck Warrington
was installed as Chair of the American Public Gas Association.
Commissioner Jonson said limiting C-View programming to broadcasting meetings may
save $80,000 annually, not a million as some citizens have suggested. He felt independent
, productions, such as Blueline CPO, are valuable to residents.
Commissioner Jonson recommended a small grant program for neighborhoods be '
established, offering matching funds.
Commissioner Jonson requested information regarding the City's return on investment for
the Tampa Bay Partnership.
. ,
Commissioner Jonson congratulated the City Manager and staff for completion of the
Code Compliance Program for City properties.
Commissioner Jonson thanked Florida Power for straightening its light poles on the
Memorial Causeway.
Commissioner Jonson thanked Peoples Bank for locating its street address on its,
freestanding sign.
Commissioner Jonson, Commissioner Hamiltol1, and ~ayor AunQst offered Darold Brink
get well wishes and offered thoughts and prayers to him and Carolyn. '
Commissioner Hamilton wished residents a Happy labor Day holiday.
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,Mavor Aunast reported the Suncoast Safety Councilt Inc. had awarded the City first place
in the Community Safety Division. '
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Mavor Aungst said Commission participation on C~Vjew programs proVides information to
the community and is not self-serving. ,He said special programming is an important adjunct to
the broadcast of meetings. " ,
Mavor Aungst said he had attended a Tampa' Bay Leaders Command Update and
luncheon at MacDiII' Air Force Base by invitation of General Holland.
Mavor AunQst offered condolences to Duke Tieman on the passing of his mother.
Mavor AunQst said he had attended the retirement reception for USF (University of South
Florida5 Dean Heller.
ITEM #41 - .Adiournnient
The meeting adjourned at 9:44 p.m.
Attest:
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CLEARWATER CITY COMMISSION
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Meeti ng Date:
Item' # 1.2...
A lJ G'. ..2.:.l~.2., 'C!().J._
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As stated in Commission Rules, uRepresentatives of a group' may speak for three minutes
plus an additional minute for each person in the audience that waives their right to speak, up
to a maximum of ten minutes."
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We the undersigned designate \ ~_ -~e y--
as our spokesperson and waive our right to speak.
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. Jan 9, 2002
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CLEARWATER CITY COMMISSION
Meet! n9 Date: ? /.;l ';J. / a ;J-,
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Item # I r-2-...
As stated in Commission Rules, IIRepresentatives of a group may speak for three minutes
plus an additional minute for each person in the audience that waives their'right to speak, up
to a maximum of ten minutes." .'
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We the undersigned designate C A !(.L_ . w A G-E. N ~() 1../ ~. (please print)
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9700-0034
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Jan 9, 2002 '
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