09/18/2003 (2)
, , .
, ,
. ,
" '
., > ' .' ;
, ,
, "
.' .
, ,
COMMISSION .. .
, .'
, ,. ,
" ,City Commission ~inutes '"
" ',:Date '
. OCf/(g L63 ..
, .
. , '
, ,
, ,
, . : I.',. l ',.
)
, " : ..
, "
, . ,
, ' ,
, .', ...
, . '
. ' ,
, ,
. .'
. ' ~,' . .
, >...
. . .' .
-/ . ,.
. " .'
I .. T ,
j '. . ,',
~. c.. I >
.' .",
, . ,
" ,
, .
" .
, '. "4 I' " "'.c
, ' ,
.' ; ,.". '. '. ..
. I', ' ~ , . '.' .'" .. . ~ . ' , t " ,\, .
c .. ". . ,'." ,~ , . t. . . . ' .~, '.' . : ,. I., . . I , c" 'c .
, , ': ~ l . '. . . '. .
I. . .... '.., ' . , .. :. . . ~' :.. ' , . . , ' . ' ,
. . . ,. . c ,',' ,.,' c. I
, , " . ,+'. ..
, ,',. .' I \, . '. , ., l c" C ,.
, '
. I < '. . .i' '.' .'
. "
. . t , ,
> >. .' :' ~ " . . >:: c '. , . +' ,oil '. < '
, '. I I 1 . 'I... .
. '. .~, . .,.,' .
. ,'. ,.
, ' ,
, '.
, I > , ..
>, .".: ., .
, . ::. . . I .
.. . '. ~ '
.' " .' '
"
, ,
" ,
, .
, ,
, ,. ~ .
, ,
, ' ,
, ,
, .
','
. '
. ,..' ,~",. ,', "....,:~' ~-.'. I.. ,~ . '.,. .:.' ..... '\."". . I, .. ," .." .. ...... I, I,. . ,',.
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday. September 18,2003 - 6:00 P.M. - Commission Chambers
1 - Invocation - Father James Rousakis, Holy Trinity Greek Orthodox Church.
2 - Pledge of Alleqiance - Mayor.
3 - Service Awards - One given.
4 - Introductions. Awards. and Presentations - Given.
a) 2003 Legislative Wrap-up -Representative Gus Bilirakis
5 - Approval of Minutes - 9/04/03
ACTION: Approved as Submitted.
6 - Citizens to be heard re items not on the Aqenda
John Wiser recommended using a PST A grant for Jasmine Court bus shelters, and
reviewed upgrades to Countryside, including volunteers planting new landscaping at the library.
Rev. Floyd opposed removing a feeding tube from a comatose patient.
PUBLIC HEARINGS
7 - FY 2003/04 Budqet
ACTION: Approved.
a) Second Reading Ord. 7187-03 - setting a'final millage rate of 5.753 mills for Fiscal Year
2003/04 levied against non-exempt real and personal property within the City. (BU)
ACTION: Ordinance adopted. '
b) Second Reading Ord. 7188-03 - Annual Operating Ordinance which establishes the City of
Clearwater Annual Operating Budget for the 2003/04 Fiscal Year. (BU)
ACTION: Ordinance adopted.
c) Second Reading Ord. 7189-03 - Capital Improvement Ordinance establishing the FY
2003/04 budget and six-year plan for the Capital Improvement Program (CIP) (BU)
ACTION: Ordinance adopted.
8 - Public Hearing - Declare as surplus for the purpose of qrantino a perpetual Utility
Distribution Easement to Progress Enerqy Corporation ("Grantee") a 10-foot wide easement
area defined as lying 5 feet each side,of Grantee's facilities to be installed at mutually agreed
upon locations over, across and through a portion Sec. 7-29-16. (PW)
ACTION: Approved.
9 - Public Hearino - Declare as surplus Lot 37. Blk D. Greenwood Park #2, and offer for sale by
invitation for Bid No. 32-03 for residential development at the minimum bid amount of $10,500.
subject to special qualifying criteria (PW)
ACTION: Approved.
. 10 - Public Hearing and First Readino Ords. 7173-03. 7174~03 and 7175-03 - Annexation.
Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL)
and ZoninQ Atlas Amendment from County R~3, Single-Family Residential District. to City Low
Medium Density Residential (LMDR) for property located at 1420 Lime Street (Sunny Park
Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn Simpson). ANX2003-06013 .
ACTION: Approved. Ordinances passed 1 st reading.
Commission Action Agenda 2003-09-18
1
Public Hearing - Second Reading Ordinances
11 - Ord. 7106-03 - Approve amendments to the Community Development Code as relatinq
to Comprehensive Infill Redevelopment Proiects, signage, length of time for Level One (Flexible
Standard) and Level Two (Flexible Development) development reviews. clarifies the effect of
Level One (Flexible Standard) and Level Two (Flexible Development) approvals, expands rninor
amendment provisions regarding changes to Level Two development approvals. increases the
number of times and under what circumstances Level One (Flexible Standard Development)
and Level Two (Flexible Development) approvals can be extended and adds a definition for
adopt-a-park signs. (PLD)
ACTION: Ordinance adopted.
12 - Ord. 7153-03 - Approve the Clearwater Downtown Redevelopment Plan. (PLD)
ACTION: Ordinance adopted as amended.
13 - Ord. 7001-03 - Land Use Plan Amendment-to Residential HiQh (RH) for property at 3021
State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16) (Bayridge Apartments.
LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD)
ACTION: Ordinance adopted.
14 - Ord. 7002-03 - Rezoning to Medium HiQh Density Residential (MHDR) for property at
3021 State Ro.ad 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16) (Bayridge
Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD)
ACTION,: Ordinance adopted.
15 - Ord. 7056w03 - Land Use Plan Amendment to Residential Medium (RM) for property at
209-229 Windward Passaae (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book
118, Pages 63-64 in Sec. 08-15-15) (The Pools at Windward Passage Homeowners'
Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 (PLD)
ACTION: Ordinance adopted.
16 - Ord. 7057-03 -Rezoninq to Medium Hiqh Density Residentialllsland Estates Neighborhood
Conservation Overlav District (MHDRlIENCOQ) for property at 209~229 Windward Passaqe
(Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Sec.
08~15w15) (The Pools at Windward Passage Homeowners' Association; Rep. .Joseph W.
Gaynor) LUZ 2002w09010 (PLD)
~CTION: Ordinance adopted.
'7 - Ord 7088-03 -Land Use Plan Amendment to Residential Hiqh (RH) for property located at
~2 Windward passagg (Island Estates of Clearwater Unit 5, Block D, a portion of Lot 9 and all
'~f Lots 1 ()'13, together with a portion of Vacated Dory Passage) (High and Dry Marina, Inc.)
i.UZ2002-11011 (PLD)
f~CTION: Ordinance adopted. 4:1 (J)
~8 - Ord 7089-03 - Zonlnq Atlas Amendment to High Density Residential (HDR) for property
focated at 202 Windward Passaqe (Island Estates of .Clearwater Unit 5, Block D, a portion of Lot
9.and all of Lots 10-13, together with a portion of Vacated Dory Passage) (High and Dry
Marina. Inc.,) LUZ2002-'11 011 (PLD) .
ACTION: Ordinance adopted, 4:1 (J)
CITY MANAGER REPORTS
Conlmission ..\ction Agenda 2003-09-18
2
CONSENT AGENDA (Items #19-32) - Approved as submitted less Item #27
19 - Approval of Purchases Der Purchasing Memorandum:
a) Library materials, books and publications during the contract period: October 1, 2003
through September 30,2004, for $151,000.00 from Book Wholesaler. Lexington, KY.
b) Library materials, books and publications during the contract period: October 1, 2003
through September 30,2004, for $226,000.00 from Ingram Library Services, Lavergne, TN.
c) Disposal of refuse during the period: October 1, 2003 through September 30, 2004, for.
$2.265,000 and $2,585,000 from Pinellas County Solid Waste Management Department
d) Installation of gas mains and service lines during the period: October 1, 2003 through
September 30,2004, for 5850,000.00 from Mastec North America. Ine" Tampa, FL
e) Latent fingerprint and crime scene services including evidence and property storage during
the contract period: October 1, 2003 through September 30,2004 for $490,084.33 from Board
of County Commissioners, Clearwater, FL. .
20 - Approve the purchase of property. casualtv. liability. workers. compensation.
emerQency medical services (EMS), fuel tank. and flood insurance coveraqe for Fiscal Year
. 2003/2004 in an amount not to exceed $1,962,020. (FN)
21 - Autho'rity to pay UP to $70.000 for incurred and anticipated expenses and anticipated claims
related to a sewer backup at the Holt Avenue Youth Center Building. (FN)
22 - Approve a contract with Ross Systems and authorize payment to Ross Systems in an
amount not to exceed $720.000 for the purchase and implementation of a new financial
system anc approve a transfer of 5500.000 of unrestricted retained earnings of the Central
Insurance Fund to project 315-94809. (FN)
23 - Approve a one-vear fundinQ aQreement. in the amount of $291.240 between Jollev Trolley
Transportation of Clearwater. Inc.. and the City of Clearwater for the operation of transportation
and trolley services on Clearwater Beach, Island Estates, Sand Key and services from
Clearwater Beach to Downtown Clearwater. (PR)
24 - Approve a five-vear aqreement from October 1 , 2003 - September 30.2008. between the
City of Clearwater and the Mount Carmel Community Development Corporation of Clearwater.
Inc., for the use and supervision of the Kings Highway Center. (PR)
25 ~ Award a contract in the amount of $109,898.86 to DGG TASER. Jacksonville, FLfor the
purchase of one hundred fifty (150) M26 Tasers. (PO)
26 - Approve acceptance of orant fundinQ in the amount of $30.822 from the State of Florfda.
Office of the Attorney General, FY 2003/04 Victims of Crime Act (VOCA) Grant Proqram. (PO).
27 - Approve a transfer of $300.000 from the 2003 debt service account into a special proiect
account established to fund a downtown team of one Sergeant and five Officer positions. (PO)
APPROVED
28 - Approve an aQreement between the City of Clearwater and the School Board of Pinellas
County. Florida providinq for the continuation of the School Resource Officer proaram at
Clearwater High School and Countryside High School for 3 years commencing August 17,
2003. through July 31, 2006. (PO)
29 - Award a contract for parkinQ attendant services at the Pier 60 and South Gulfview
parking lots for the period 10101/03 - 09/30/06 to Standard Parking Corporation, Tampa. FL. at
a cost of $1,235,004 per the final evaluation of the Request for Proposal #33-03 in accordance
with the specifications. (PW) .
30 - Approve the Cooperative Fundinq Aoreement between the Southwest Florida Water
Manaoement District (SWFWMD) and the City of Clearwater for fundino the Alliaator Creek
Implementation Pro~, Phase II in the amount of $1,000,000. (PW)
31 - Approve a work order with Parsons, an Engineer of Record, for construction enqineerinq
and inspection for the Kapok Wetland and Floodplain Restoration Pro~ in the amount of
$599.547. (PW)
Commission Action Agenda 2003-09-18
3
. ,. ' ". ' . . . . I ~.' 4 ~, , " .. '. ,., .. ',' . , '..
'. '1/ .' '. . ,. ii'" .' '. '.' L: :', " I" _' .' : I ' " .,'.; '\,. .. (<.. .~. .' ~ . , L,~ '1 ~ '.. ." " (': ".
32 - Authorize settlement of Udoh v. City of Clearwater, an employment discrimination case, in
the amount of $65,000. (CA)
OTHER ITEMS ON CITY MANAGER REPORT
33 - Approve an amendment to the City Commission land development policy relating to
freestanding signs, landscaping, walls and monuments service subdivisions. (PLD)
ACTION: Approved.
34 - First Reading Ords. 7171-03 and 7172-03 amendina the City's Annual Operatinq and
Capital Improvement ProQram (CIP) Budaets for FY 2002/03. (BU)
ACTION: Approved. Ordinances passed 1st reading.
35 - First Reading Ord. 7190-03 - Amend Chapter 2, Article 111. Division 3. Code of Ordinances
to revise Section 2.104. Powers and Duties of the Beautification Committee for the
Committee's revIew of selected City projects. (PR)
ACTION: Approved. Ordinance passed 1 st reading.
36 - Adopt Resolution #03-28 and approve and accept an Interlocal AareementlFranchise
with the City of Belleair Beach in order to provide natural gas service to the citizens of Belleair
Beach. (CGS) .
ACTION: Approved. Resoluti~n adopted.
37 - Res. # 03-35 authorizinq the refundinQ of the outstandinQ Water and Sewer Bonds,
Series 1993. (FN) . .
ACTION: Approved. Resolution adopted.
38 - First readinq Ord. # 7191-03 providinq for the refundinQ of the Gas Revenue Bonds,'
Series 1996 A, (FN) .
ACTION: Approved. Ordinance passed 1st reading.
39 - Adopt Res. # 03-32 expressing the City's intention to be reimbursed from the proceeds
of a tax-exempt financina for certain capital expenditures. (FN)
ACTION: Approved. Resolution adopted.
40 - First ReadinQ Ord. 7170-03 establishinQ a Sister Cities Advisorv Board. (ORLS)
ACTION: Approved. Ordinance passed 1 st reading.
41 - Approve the Beach Walk Desian concept as proposed by the City's consultants and City
Manaqement and Staff. (PW) <
ACTION: Approved 4:1 (HH) Beach Walk design concept with direction to' proceed with
Alternate #2 for parallel parking on Coronado Avenue, keep status quo for Coronado
Avenue parking until construction begins but owners to cea.se towing vehicles and
charging for parking on public right-of-way, and constructing parking garage by Adams
Mark Hotel as last resort.
42 - Appro"ve the Markopoulos project term sheet and provide direction reQardinQ the
proposal of a "one way" south for South Gulfview contiguous to the Markopoulos property.
(ED/HSG)
ACTION: "One-way" request for South Gulfview withdrawn. Consensus to move
forward. .
Com~ission Action Agenda 2003-09-18
4
:'-..~: ,\'.'<'",". ',..'., .,.......;.: I'"...~". .':010,... I"; ,..'. '.""j."',;:.l:,""~." t
44 ~ IAFF Union Neaotiations Update ~ Glve~.
43. First Readinq Ord. 7212-03 - relatino to municipal elections amending Sec. 14.41 (2)
relating to filing fees, Sec. 14.41 (7) relating'to qualifying periods, Sec. 14.42(1 )(d) relating to
compliance with laws, Sec. 14.44(1) relating to write-in candidates.
ACTION: Approved. Ordinance passed 1st reading.
45 . Other Pending Matters - None.
CITY ATTORNEY REPORTS
46 . Other City Attornev Items
ACTION: Scheduled Attorney/Client session re National Advertising Co, v. City on
10/2/03 at 4:30 p.m.
47 - City Manaaer Verbal Reports
City Manager thanked Commission for cooperation and help during budget process.
, .
48 - Commission Discussion Items
a) City Manager and City Attorney Evaluations, ,
ACTION: Direction for staff to provide Commission with forms used last year and
schedule verbal comments on 10/16/03.
b) Set December 2003 meetings on December 4 & 18. 2003, Work Sessions on December 1 &
15, 2003. and Set JanuarY 2004 meeting on January 15. 2004 with Work Session on January
12. 2004. ' '
ACTION: Approved.
c) Receiving Charter Review Report
ACTION: Direction for Charter Review Committee to prov,ide report to Commission on
10/13/03.and schedule a public hearing on 10/16103.
d) FLC '- Legislative Conference ,
ACTION: Consensus to cover costs obligated during 2003 budget.
49 - Other Commission Action
Hamilton reported he and Jonson had overspent their travel budgets and requested
. reimbursement for travel costs related to a FLC Legislative Policy Committee meeting they had
, attended.
ACTION: Approved.
Hibbard reported he had attended a Leadership Conference for the American Cancer Society
on 9/13/03 and encouraged sponsors for the 4/2104 Relay for Life event. He is the chair.
Hibbard thanked staff for their great efforts at organizing the Citizens Academy. which
heightens resident awareness. ' .
Commission Action Agenda 2003-09-18 .
5
Aungst said Mr. Wiser is unfamiliar with the Commissionts myriad of responsibilities.
Hibbard reported the Clearwater Marine Aquarium is closed for a week for cleanup and
improvements. He encouraged residents to support the facility. which expects a new executive
director will be in place soon.
Grav encouraged residents to support the CHIP fundraiser on.1 0/11 at the Belleview Biltmore.
. Grav said the Library Foundation Capital Campaign is targeting businesses and encouraged
their participation.
Jonson reported cleanup of the Piney Point phosphate plant is not proceeding very quickly. A
task force is reconvening to reconsider the issue.
Jonson said he had attended a FLC Transportation & Urban Administration committee
meeting. Discussion included the CRA and the Strategic Intermodal System project. He said
cities need to be represented and appointed to participate in project discussions. He requested
the City ~anager review the issues.
Jonson said at a legislative workshopt local cable companies were encouraged to broadcast
. the Florida channel. Aungst said Bright House is trying to get the County to air Florida
legislative meetings on its channel. Channels are very costly.
Jonson' hoped the East coast is weathering Hurricane Isabelle and expressed regret the new
Ross Norton Recreation Center was not designated as a shelter. The City Manager said the'
center will be constructed to withstand a Level 3 hurricane.
Jonson noted concerns about the design of the Balk Development and said he is pleased staff
is moving forward with urban design guidelines.
Jonson said he had attended the Florida neighborhood conference and provided information
on the Green Canopy Partners~ip. He reported other cities had complimented him on
Clearwaterts neighborhood services program.
Hamilton responding to Mr. Wiserts cri.ticism regarding the City Commission not being at the
Countryside Library landscapingt said the City Commission has spent significant time preparing
for this and other meetings. He decided to spend quality time with his family last weekend and
to attend tonight's meetingt even though he had other family commitments. He said he is proud
to serve.
AunQst wished a Happy Birthday to Gravand Hamilton.
Aungst reported the County has scheduled a public meeting at Countryside High School re
the local option gas tax on 9/22/03 at 6:30 p.m.
Aunqst invited residents to attend.the .14lh Annual Taste of Clearwater at the Harborview
Center on 9/23/03 from.5:00 to 8:00 p.m.
50 - Adiournment - 10:37 p.m.
C.ommission Action Agenda 2003-09-18
6
, . .,,' 4"". I, .j..,..~': .-..~....:.. ,.,....'.,'.., I'.~/.'. ......~I:. ..,. .::,..........":...:.\ '.~,',.....',,',.,. ," ,....\.jl. ',,'~\.., I.". '~,.~::,". "~.I"'.l
. " '. . '" . I . ' I' . '~, ~, :' }, . ~, . .. . , "\ '. I.' ,'. . . .,
.'
CITY COMMISSION MEETING
CITY OF CLEARWATER
September 18, 2003 '
Present: Brian J. Aungst
Hoyt- P. Hamilton
Whitney Gray
William C. Jonson
Frank Hibbard
Mayor/Commissioner ,
Vice-Mayor/Com missioner
Commissioner
Commissioner
Commissioner
Also Present: William B. 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,lnvocation
was offered by Father James Rousakis', Holy Trinity Greek Orthodox 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~
.
3 - Service Awards
One service award was presented to a City employee.
4 - Introductions, Awards and Presentations
a) 2003 Legisl~tive Wrap-up - Representative Gus Bilirakis
, ,
Representative Gus Bilirakis reviewe9 legislative issues addressed this year.
The Mayor presented him a plaque in, appreciation of work done during the 2003
legislative session. .
5 - Approval of Minutes
, ' Commissioner Jonson moved to approve the minutes of the September 4, 2003,
meeting, as recorded and submitted in written summation by the City Clerk to 'each
Commissioner. The motion was duly seconded and carried unanimously.
, .
6 - Citizens to be heard. ra Items not on the Aaenda '
John Wiser reco,mmended using a PST A (Plnellas Suncoast Transit Authority)
grant for Jasmine Court bus shelters, and reviewed upgrades to the Countryside area,
including volunteers planting new landscaping at the library.
.
, , '
Rev. Flovd' opposed removing a feeding tube from a comatose patient.
Commission 2003-09-18 ' 1
. PUBLIC HEARINGS
7 - FY 2003/2004 Annual Budqet
Commissioner Hibbard moved to approve the City's FY 2003/2004 annual
budget. The motion was duly seconded and carried unanimously~
.a) Second Reading Ordinance #7187-03 - setting a final millage rate of 5.753 mills for
Fiscal Year 2003/04 levied against non-exempt real and personal property within the
City. (BU)
Ordinance #7187 -03 was presente.d for second reading and read in full.
Commissioner Hamilton moved to pass and adopt Ordinance #7187 -03 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
b) Second Reading Ordinance #7188-03 - Annual Operating Ordinance which
. establishes the City of Clearwater Annual Operating Budget for the 2003/04 Fiscal
Year. (BU)
.
Ordinance #7188-03 was presented for second reading and read' by ,title only.
Commissioner Jonson moved to pass and adopt Ordinance #7188-03 on second and
final reading. The motion was duly seconded and upon roll ,call, the vote was:
"Ayesll: Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
c) Second Reading Ordinance #7189-03 - Capital Improvement Ordinance
establishing the FY 2003/04 budget and six-year plan for the Capital Improvement
Program (CIP) (BU)
. Ordinance #7189-0~ was presented for second reading and read by title only.
Conimissioner Gray moved to pass and adopt Ordinance #7189-03 on second and final
reading. The motion was duly seconded and upon ,roll call, the vote was:
"Ayes~': Gray, Hamilton, Jonson, Hibbard, 'and Aungst.
"Nays": None.
.e
Commission 2003-09-18
.j.
2
'.' . ~, . ;, .. _ '~ .' : ~.. " I ~"I '. .', .., , .... I . L { ,. . . ~. ,', ' '. ,,> .', ': . ,
e
8 - Public HearinQ - Declare as surplus for the purpos/~ of qranting a perpetual Utility
Distribution Easement to Proqress Energy Corporatior, ("Grantee") a 10-foot wide
easement area defined as lying 5 fee~ each side of Grantee's facilities to be installed at
mutually agreed upon locations over, across and throu~lh a portion Sec. 7-29-16. (PW)
The Utility Distribution Easement with Progress Energy is to provide a corridor in
which to install a transformer and equipment necessary to supply power to the new
ComrTlUnity Sports Complex. The subject easement grants Progress Energy authority 5
feet of each side of all of its distribution lines throughout the project in order to facilitate
installation, maintenance. and if necessary, future relocation of such facilities as may be
mutually agreed upon between the City and Progress Energy. There are no costs
associated with the granting of the easement.
Commissioner Hibbard moved to declare as surplus for the purpose of granting a
perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee") a 10-
foot wide easement area defined as lying 5 feet each side of Grantee's facilities to be
installed at mutually agreed upon locations over, across and through a portion of the
Southeast corner of the Northeast 1/4 of Section 7, Township 29 South, Range 16 East,
as more ,specifically described in attachment "A" of said Utility Distribution Easement.
The motion was duly seconded and carried unanimously.
9 - Public Hearinq - Declare as surplus Lot 37. Blk 0, Greenwood Park #2,.and offer for
sale by invitation for Bid No. 32-03 for residential development at the minimum bid
amount of $10,500 subject to special qualifying criteria (PW)
.
The City has determined there is a growing demand for safe, decent, and
affordable housing in the North Greenwood Community. The subject lot is located at
1108 Engman Street and zoned MDR (Medium. Density Residential. Its proximity to the
new Recreation and Aquatic Center, Library. and the Martin Luther King corridor makes
it attractive for redevelopment. The 40-foot by 91-foot lot was acquired by the City in
September 1998. in lieu of foreclosing a lien placed for violations of the minimum
housing code. .
The minimum bid amount has been established by a July 17, 2003 appraisal
performed by Advanced Appraisal Services. Inc. Invitation for Bid 32-03 will require that
the successful bidder comply with the following bid criteria: 1) Developer must have at
least 10 years experience in developing property for affordable housing purposes; 2)
Developer must plan to develop the property for residential purposes; 3) Development
team must have the ability to screen potential owners to ensure they are eligible for
State and Federal assistance in the event such funding source(s) will be used by the
developer; and 4) Developer must be prepared to begin construction no later than
January 1, 2004, and in the event State and Federal funds are used in the project,
should complete the project not later than January 1,2006.
.Commissioner Jonson moved to declare as surplus Lot 37. Block D, Greenwood
. Park No.2, and offer for sale by Invitation For Bid No. 32-03 for residential development
at the minimum bid amount of $10,500, subject to special qualifying criteria. The motion.
was duly seconded and carried unanimously. .
.e
Commission 2003-09-18
3"
; . . ' .: . .)!.. ' .." .. ,. " ' , ..... r '. '. i. ,\.' I '
.
10- Public Hearinq and First Readinq Ordinances #7173-03. #7174-03 and #7175-03 -
Annexation. land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) and Zoning Atlas Amendment from County R-3, SinQle-Familv
Residential District. to City Low Medium Density Residential (LMDR) for property located.
at 1420 Lime Street (Sunny Park Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn
Simpson). ANX2003-06013
The subject property is located at 1420 Lime Street, on the north side of the
street, approximately 730 feet east of Hillcrest Avenue. The applicant is requesting this
annexation in order to receive City sewer service. The property is contiguous with the
existing City boundaries to the west; therefore, the proposed annexation is consistent
with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting
right-of-way not currently within the City limits also be annexed. The subject site is
approximately O.15-acre in area and is occupied by an existing single-family detached
dwelling. It is proposed that the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of LMDR. Low Medium Density Residential.
.
The Planning Department determined that the proposed annexation is consistent
with the following standards specified in the Community Development Code: 1) The
proposed annexation will not have an adverse impact on public facilities and their level
of service; 2) The proposed annexation is consistent with the City's Comprehensive
Plan, Countywide Plan; and the Community Development Code; AND 3) The proposed
annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave. This annexation has been
reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs and no
objections have been raised. On August 19; 2003; the COB (Community Development
Board) reviewed this proposed annexation and unanimously recommended approval.
Commissioner Gray moved to approve the Petiti6n for Annexation, Land Use
Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and
Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the
City LMDR, Low Medium Density Residential District for 1420 Lime Street (Lot 24, Block
F, Sunny Park.Groves in Sec. 23-29-15). The motion was duly seconded and carried.
unanimously.
Ordinance #7173~03 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7173-03 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray; Hamilton, Jonson, Hibbard. and Aungst.
"Nays": None.
Ordinance #7174-03 w'as presented for first reading and read by title only.
Commissioner Hamilton moved to pass Ordinance #7174-03 on first reading. The
motion was duly seconded and upon roll call, the vote was: .
. .
"Ayes": Gray, Hamilton, Jonson. Hibbard, and Aungst.
.
Commission 2003-09-18
4
: .'., I ,",', , . " : ,... . . ' . , . ". ",.',.. .. ..' "t: . :. oj .' , " ' ,> '. ~ ". . . , .,' ..' \.. , . ~. .', .,
.
, "Naystt:' None.
Ordinance #7173-03 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7173-03 on first reading. 'The motion
was duly seconded and upon roll call. the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard. and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
11 - Ordinance #7106..03 - Approve amendments to the Community Development
Code as relatina to Comprehensive Infill Redevelopment Proiects, signage, length of ,
time for Level One (Flexible Standard) and Level Two (Flexible Development)
development reviews. clarifies the effect of Level One (Flexible Standard) and level Two
(Flexible Development) approvals. ,expands minor amendment provisions regarding
changes to Level Two development approvals. increases the number of times and Undef
what circumstances level One (Flexible Standard Development) and level Two
(Flexible Development) approvals can be extended and adds a definition fOf adopt-a-
park signs. (PLD)
.
, ,
Ordinance #7106-03 was presented for second reading and read by title only.
Commissioner Gray moved to pass and adopt Ordinance #7106-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
lIAyes": Gray, Hamilt9n, Jonson, Hibbard, and Aungst.
"Nays": 'None.
12 - Ordinance #7153-03 - Approve the Clearwater Downtown Redevelopment Plan.
(PLD)
Commissioner Hibbard moved to amend Ordinance #7153-03. Exhibit A as
follows: am'end'second paragraph under ITrails,1I on 'page 122, as contained in Parks,
Open Space and Recreational Amenities Section of Chapter 3, land Use ,
Plan/Redevelopment Plan as sh~wn below: "In recognizing the importance of providing
alternative transportation and recreation opportunities from the mainland to Clearwater
beach; the Downtown Plan also supports the creation of the Clearwater Beach
Connector Spur. The preferred route would travel from the e'xisting PineJlas Trail west
along Turner Street, north on Oak Street to connect with the new Memorial Causeway
Bridge. \vhich has a dedicated pedestrian/bike lane. Final determination of the route and
its design will be' made during the design process, which will include a public education
and involvement component." AND Exhibit B as follows:' on page 8, amend the exhibit to'
include streetscape plans for Osceola Avenue and Fort Harrison Avenue. which were
missing from the original Draft Downtown Plan, and on page 9. amend the exhibit to
include the most current concept plan for Station Square Park. The motion was duly
seconded a~d carried unanimously.
,.
Commission 2003-09-18
5
~', . .,'...' I:.' :,.... """. . ~..;', .: '.::....~: ..." '-t,. ....., .....:...:'. ~'.'.' '., :.\:..,. ,,-:,'~ .. .'tl,,; , ~, . ,'. ," ~
> 'I J '~ . , ,I' .' ., ", ' . \ , ., l. . " " , ,. ., ,
.
Ordinance #7153-03 was presented for second read'ing as amended and read by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #7153-03, as
amended, on second and final reading. The motion was duly seconded and upon roll
call, the vote was:
tiAyesti: Gray, Hamilton, Jonson, Hibbard, and Aungst.
tiNays": None.
13 - Ordinance #7001-03 - Land Use Plan Amendment to Residential Hiqh (RH) for
property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16)
(Bayridge Apartments, LLC/Advent Realty L,td. Partnership) LUZ 2002-05004 (PLD)
Ordinance #7001-03 was presented for second reading and read by title only.
Commissioner Gray moved to pass and adopt Ordinance #7001-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray; Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
, ,
14 - Ordinance #7002-03 - Rezonin~ to Medium High Density Residential (MHDR) for
property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16)
,(Bayridge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD)
.
Ordinance #7002-03 was presented for second reading and read by title only.
Commissioner Hibbard moved to pass and adopt Ordinance #7002-03 on second and
final reading. 'T~e motion was duly seconded and ,upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
15 - Ordinance #7056-03 - Land Use Plan Amendment to Residential Medium (RM)
for property at 209-229 Windward Passaqe (Lots 1-11 inclusive, The Pools of Windward
Passage, Plat Book 11'8, Pages 63-64 in Sec. 08-15-15) (The Pools at Windward
Passage Homeowners' Association; Rt?p. Joseph W. Gaynor) LUZ 200?-09010 (PLD)
Ordinance #7056-03 was presented for second reading and read by title only.
Commissioner Hamilton moved to pass and adopt Ordinance #7056-03 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
-.
, 16 '.:. Ordinance #7057-03 -Rezo'nina to Medium High Density Residentialllsland Estates
Neighborhood Conservation Overlay District (MHDRlIENCOO) for property at 209-229 .
Windward Passaqe (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book,
Commission 2003-09-18
6
. I' " . , .", ~ .', ..' . . , I ... . , .,.. I ,~ :
.
118, Pages 63~64 in Sec. 08-15~15) (The Pools at Windward Passage Homeowners'
Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 (PLD)
Ordinance #7057 ~03 was presented for second reading and read by title only.
Co'mmissioner Jonson moved to pass and adopt Ordinance #7057~03 on second anq
final reading. The motion was duly seconded and l;Jpon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
17 - Ordinance #7088~03 -Land Use Plan Amendment to Residential Hiqh (RH) for
property located at 202 Windward Passage (Island Estates of Clearwater Unit 5, Block
D, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory .
Passage) (High and Dry Marina, Inc.) LUZ2002-11011 (PLD)
Ordinance #7088-03 was presented for second reading and read by title only.
Commissioner Gray moved to pass and adopt Ordinance #7088~03 on second
and final reading. The motion was duly seconded and upon roll call. the vote wa.s:
, .
"Ayes": Gray, Hamilton. Hibbard, and Aungst.
"Nays": Jonson.
.
. .
Motion carried.
. . <. '
. .
18 - Ordinance #7089-03 - Zenina Atlas Amendment to Hiqh Density Residential
(HDR) for property located at 202 Windward Passage (Island Estates of ClealWater Unit
5, Block D, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated
Dory Passage) (High and Dry Marina, Inc.) LUZ2002-11 011 (PLD)
. Ordinarice #7089:-03 was presented for second reading and read by title only. .
Commissioner Hibbard moved to pass and adopt Ordinance #7089-03 on second and
final reading. The motion was duly seconded'and upon roll call, the vote was:
. .
"Ayes": Gray, Hamilton, Hibbard. and Aungst.
"Nays": Jonson.
Motion carried.
.
. Commission 2003-09-18
7.
'.
. I' ." ; .' .' I '. ,. , '.,' ,. ." . I,"" ... '" 1: .. ". ", 'i
.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #19 - 32) - f'.pproved as submitted, less Item #27,
ConsentAgenda 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.
19- Approval of Purchases (& Declaration of Surplus) per Purchasinq Memorandum:
, ,
a) Library materials. books and publications during the contract period: October 1,
2003 through September 30, 2004, for $151,000 from Book Wholesaler, Lexington, KY. .
b} Library,materials, books and publications during the contract period: October 1,
2003 through September 30, 2004, for $226.000 from Ingram Library Services,
Lavergne, TN.
c) Disposal of refuse during the period: October 1,2003 through September 30, 2004,
for $2,265,000 and S2,585,000 from Pinellas County Solid Waste Management
Department
d) Installation of gas' mains and service lines during the period: October 1,2003
through September 30,2004, for 5850,000 from ~astec North America, Inc., Tampa. FL
e} Latent fingerprint and crime scene services including evidence and prpperty storage
du'ring the contract period: October 1, 2003 through September 3D, 2004 for
$490,084.33 from Board of County Commissioners, Cleaf\Nater, FL. .
.
20 - Approve the purchase of property. casualty. liability. workers' compensation.
emer~ency medical services (EMS), fuel tank. and flood insurance coveraQe for
Fiscal Year 2003/04 in an amount not to exceed $1,962,020. (FN)
21 - Authority to Day UP to $70,000 for incurred and anticioated expenses and
anticipated claims related to a sewer backup at the Holt Avenue Youth Center
Buildin~. (FN)
22 - ApDrove a contract with Ross Systems and authorize payment to Ross Systems in
an amount not to exceed $720,000 for the purchase and implementation of a new
financial system and approve a transfer of $500,000 of unrestricted retained earnings of
the Central Insurance Fund to project 315-94809. (FN)
23 - Approve a one'-year fundinq aqreement. in the amount of $291.240 between Jollev
Trollev Transportation of Clearwater. Inc., and the City of Clearwater for the operation of
transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and
services from Clearwater Beach to Downtown Clearwater. (PR)
24 - Approve a five-year aqreement from October 1 ,2003 - September 30,2008,
be'tween the City of Clearwater and the Mount Carmel Community Development'
Corporation of Clear\vater, Inc., for the use and supervision of the Kings Highway
Center, (PR) ,
.
25 - A\vard a contract in the amount of $109.898.86 to DGG TASER, Jacksonville, FL for
the purchase 9f one hundred 'fifty (150) M26 Tasers. (PO)
Comnlission 2003-09-18
8
"
:'. . I L . .-. " ", ". ',' "...' ,,+ \'." . . :' I.. .... . J . '. .: ..,. " \ ~ .",:', r ,. '.', . , ' . ' .', _.." .:,
. '. ',l."\.' \ ,. .' > , .' ,,' .' .1..' l, " _,. ' ~',.' I ., '. .,. l..'" " , ,,' < .', " 1 .
.
26 - Approve acceptance of grant fundinq in the amount of $30.822 from the State of
Florida. Office of the Attorney General, FY 2003/04 Victims of Crime Act (VOCA) Grant
Proqram. (PO)
27 - See below.
28 - Approve an agreement between the City of Clearwater and the School Board of
Pine lias County. Florida providinQ for the continuation of the School Resource Officer
proQram at Clearwater High School and Countryside High School for 3 years
commencing August 17, 2003. through July 31. 2006. (PO)
29 - Award a contract for parkinQ attendant services at the Pier 60 and South
Gulfview parking lots for the period 10101/03 - 09/30/06 to Standard Parking
Corporation, Tampa, FL. at a cost of $1,235,004 per the final evaluation of the Request
for Proposal #33-03 in accordance with the specifications. (PW)
30 - Approve the Cooperative Fundinq Agreement between the Southwest Florida Water
ManaQement District (SWFWMO) and the City of Clearwater for fundinq the AIliQator
Creek Implementation Proiects. Phase II in the amount of $1.000,000. (PW)
31 - Approve a Work Order with Parsons. an Engineer of Record, for construction
enqineerinq and inspection for the Kapok Wetland and Floodplain Restoration.
Project in the amount of $599,547. (PW)
.
. 32 - Authorize settlement of Udoh v. City of Clearwater, an employment discrimination
~, in the amount of 565,000. (CA)
Commissioner Gray moved to approve the Consent Agenda as submitted, less
Item #27. and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
27 - Approve a transfer of $300.000 from the 2003 debt service account into a special
proiect account established to fund a downtown team of one Sergeant and five Officer
positions. (PO)
Due to the expiration of federal grant funding for the Police Homeless Outreach
program, which provided overtime for downtown police patrols, current and future issues
require new approaches for a higher level of police visibility and order maintenance in
the downtown area. Due to the pending reduction of 11 officer positions from expired
federal grants, the Police Department does not have adequate staffing in existing .
community policing teams to reorganize and create a new team specific to the downtown
core area. The Police Department has an anticipated $300,000 saving in debt services
from the Police Computer Network Capital Improvement Program. This program will
retain six sworn officer positions slated to be eliminated, and will be funded in the same.
manner.~s grant positions, only for the next budget year, and with no requirement for
retention. .
.
Commission 2003-09.18
9
OTHER ITEMS ON CITY MANAGER REPORT
.
One person expressed concern emphasis was being placed on the homeless
and Hispanic community.'
The City Manager said while a newspaper article on the team had emphasized
the homeless and the Hispanic community. ,the Police Department has explained to
concerned residents that there is no connection between homeless problems in
CleaTWater and the Hispanic community.
Coin missioner Hibbard moved to approve a transfer of 5300,000 from the 2003
debt service account into a special project account established to fund a downtown team
of one Sergeant and five Officer positions. and that the appropriate officials be
authorized to execute same. The motion.was duly seconded and carried unanimously.
33 - Approve an amendment to the City Commission land development policv
relating to freestanding signs, landscaping. walls and monuments serving subdivisions.
(PLD)
.
The Planning Department and Neighborhood Services propose an amendment to
the City Commission land development policies that would permit freestanding signs and
landscaping within public rights-of-way identifying previously developed single-family
subdivisions and multi-family developments. The existing City Commission policy
prohibits entranceway signage and landscaping within the public rights-of~way and many
, older developments do not have private land to accommodate a neighborhood/complex
identification sign. The provisions of proposed Ordinance #7106-03 permit such signs
and the Commission policy should be revised to reflect the ordinance provisions.
The policy amendment also removes the provision restricting adopt~a-park signs
to wood signs 18-inches in height with three-inch letters. Proposed Ordinance #7106-03
will govern these signs. The Parks and Recreation Department currently is exploring a
variety of sign types and designs and will create a catalogue of several. pre-approved
designs. All other aspects of the existing policy will remain including, but not limited to
liability provisions, insurance requirements, and maintenance standards.
Commissioner Hamilton moved to approve an amendment to the City
Commission land development policy relating to freestanding signs, landscaping, walls
and monuments serving subdivisions. The motion was duly seconded and carried
unanimously. '
.
34 - First Readinq Ordinances #7171-03 and #7172-03 amending the City'S Annual
QperatinQ and Capitallmorovement Proqram (CIP) Bud~ets for FY 2002/03. (BU)
.The FY 2002103 budgets for City operations and City capital improvement
projects were adopted in September 2002 by Ordinances #7012-02 and 7013-02. In
accordance with the City Code of Ordinances. a review of the City's financial operations
was performed at the end of the third fiscal quarter. That review determined that
amendments were needed to the budgets due to unforeseen or emergency
circu,mstances that have arisen during the year.
Commission 2003-09-18
10
. '. ' . .. . . , .:.. ,.' "' ' , . . ~' ' . , " . .' ". ~, ,', I .. ,. J, . " .. . I". ., . I ' ! ., " . ,., "
.
The report is based on nine months of activity, from October 2002 through June
2003 in the current fiscal year. The report comments on major variances and documents
all proposed amendments.
Significant Fund amendments are:
.
1) General Fund - General Fund revenues and expenditure amendments reflect a
net decrease of $97,360 at third quarter. One of the most significant amendments '
recognizes that telecommunications' tax revenues are anticipated to be well below
estimates, by as much as $1-million by year end. On the other hand, franchise fees utility
taxes, building permit revenues, and property tax receipts are coming in better than
expected, and related amendments will offset the decrease in telecommunication tax
revenues. Overall, gross revenue receipts across all General Fund revenue categories
are still expected to be on budget for the year. The major reason for the overall Fund
expenditure decrease of $97,360 is the result of a planned reduction in Parks and
Recreation operational expenditures to offset lower than anticipated revenues for'
recreational fees, rentals, and activities for the fiscal year. To ensure adequate reserves,
the City Commission~s policy reflects that General Fund unappropriated retained earnings
of 8.50/0 of the City's budgeted General Fund expenditures must be maintained as a
reserve to guard against future emergencies. At third quarter, the allocation of $69,300 of
retained earnings is appropriated to fund commitments previously authorized by the
Commission. In addition, another 542,340 is allocated for General Fund retirement payout
expenses. for a net allocation of $111,640 from retained earnings at third quarter.
, Estimated General Fund reserves at third quarter are approximately $1 D.5-miHion, or
11.40/0 of the current year's General Fund budget, exceeding the City's reserve policy qy
just over S2.6-million.
2) Gas Fund - Again at third quarter, the Gas Fund recognizes' a significant
increase in gas sales and related franchise fees, as well as other minor revenue
increases, priniarily due to increases in gas sales due to increased fuel prices resulting in
an increase in Fund reve'nues of almost $1.6-million at third quarter. Program "
expenditures are expected to increase by a little more than $1.2-million with fuel costs
representing the largest portion of this cost increa;;e. "
3) Solid Waste Fund - Solid Waste revenues reflect a $49.700 increase in
" operating revenues at third quarter due to increased roll-off and commercial activity.
Program expenditures are expected to increase by $119,100 as a result of increased
dump fees due to the enhanced levels of roll-off and commercial activity.
4) Recycling Fund - Recycling Fund revenues reflect a $35,OOQ increase in
operating revenues at third quarter. due to increased commercial activity and the sale of
recyclable's. Program' expenditures are" expected to increase by only 53.360.' ,
, 5) Marine & Aviation Fund - Marine and Aviation Fund revenues and
expenditures reflect an increase of $75,000 due to increased gas and oj( sales, and the
related increased cost of fuel for res~le. "
.
Commission 2003-09-18
11
.
..
'.
6) Parking Fund - The only amendments to the parkir.';J Fund are the allocation of
$1.45-million of unappropriated retained earnings to the Pelicai Walk Garage project and
$62AOO to establish the Parking Enforcement program in the CJrrent year. Both items
have been approved by the Commission during the last few months.
7) Harborvlew Fund - Third quarter amendments rene:t savings in program
expenditures netting to $19,500 accumulated to offset anticipa:ed like decreases in
Harborvlew revenues for the year. The Harborview Fund is be::ng monitored carefully on a
monthly basis in order to meet annual budget parameters.
8) Internal Service Funds - The Administrative Services Fund recognizes an .
amendment to fund the City-Wide Connectivity project from a loan from the Central
Insurance Fund in the amount of $916,540, which was approved by' the ComrTlission in
June 2003. All other expenditure amendments to the internal s.ervice funds have been
either previously approved by the Commission or are relatively minor and offset by like
increases in revenues for enhanced departmental support. .
9) Capital Improvement Fund - The amendments to t'ie Capital Improvement
Fund total a net budget increase of $8,885,734. The most sigr:ificant amendments include
$5.5-million for stormwater projects for Kapok and Lake Bellevue improvements, S 1.45-
million for the Pelican Walk Parking Garage, and $1.2-million for City-Wide Infrastructure
Connectivity. and $638,500 for the property purchase for the new Fire Shop/Supply facjlity.
The City Commission previously has approved all of these capl;tal improvement project
budget increases. The only significant amendments that have not been approved
previously by the Commission include the allocation of Fire Department operating savings
to provide $65,000 to outfit the Fire Shop/Supply Facility, 5150.640 in debt savings in the
Information Technology program to allocate to the project for the Finance System
Replacement, and $25,000 of operating savings in the Clearwater Customer Service
program to establish a. project to fund improvements to the CCS printer room. The only
other significant new project is the recognition of a HUD grant in the amount of $131,500
to support the Coronado/South Gulfview project.
. 10) Special Program Fund - The Special Program Fund reflects a net budget
increase of $1,708,107 at third quarter. Budget amendments primarily reflect increases in
public safety programs totaling $641,843 recognizing projects established for the
Downtown Patrol operation, a grant from the Clearwater Housif:lg Authority for patrol
presence at Jasmine Court, funding for Police outside duty ser.rices, and other
miscellaneous public safety grants; $458,667 of increases in the Special Events program
recognizing sales and proceeds received from special events; and more than $320,000 in
other grant funds including $200,000 from the EPA for Brownfields programs and more
than $75,000 from the Juvenile Welfare Board to support recre.ation programs for youth.
Commissioner Gray moved to amend the City's FY 20'02/03 Operating and CIP
(Capital Improvement Project) Budgets. The motion was duly seconded and carried
unanimously. .
Ordinance #7171-03 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7171-03 c.n first reading. The motion
was duly seconded and upon roll call, the vote was:
Commission 2003-09-18
12
, .'. ,', I, .,;.., . ,.', I .... : ,', ,} .' ."
.
"Ayes": Gray, Hamilton, Jonson, Hibbard. and'Aung~t.
"Nays": None.
Ordinance #7172-03 was presented for first reading and read by title only.
Commissioner Gray moved to pass Ordinance #7172-03 on first reading. The motion
was duly, seconded an~ upon roll call. the vote was:
"Ayes": Gray, Hamilton, Jonson. Hibbard. and Aungst.
"Naystt: None.
35 - First Readinq Ordinance #7190-03 - Amend Chapter 2. Article III. Division 3. Code,
of Ordinances to revise Section 2.104. Powers and Duties of the Beautification
Committee for the Committee's review of selected City projects. (PR)
. On December 16. 2002, at the Special Work Session on Advisory Boards, review
of City projects was discussed with guidance to have the Beautification Committee
, provide recommendations to the Commission and City Manager on projects in the City
related to aesthetic enhancements. Over the past several months. the Committee has
met with staff from Parks and Recreation, Planning. and Engineering to determine the
appropriate way to include this as part of its duties. '
.
Consistent with both discussions. at the Committee's August 6,2003 meeting,
unanimous approval to the proposed change of this Ordi,nance was given. The.
proposed new changes provide for the Committee's role to encourage beautification as
aesthetic enhancement, 'review selected City projects. advise the City Manager and
other municipal officials. and submit written 'recommendations to the Commission. \
Commissioner Hamilton moved to amend Chapter 2, Article III, Division 3. Code
of Ordinances to revise Section 2.104, Powers and Duties of the Beautification
Committee for the Committee's review of selected City projects. The motion was duly
seconded and carried unanimously.
Ordinance #7190-03 was presented for firs't reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7190-03 on first reading. The motion
was duly seconded and upon-roll calli the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
'''Nays'': None.
.
, 36 - Adopt Resolution #03-28 and approve and accept an Interlocal AQreementJ
, Franchise with the City of Belleair Beach in order to provide natural gas service to the
citizens of Belleair Beach. (CGS)
On September 8, 2003, the City of Belleair Beach Commission approved the
Interlocal Agreement with the City of Clearwater, which provides a franchise for the
Commission 2003-09-18
13
, . I . . \. I. ' . " "" : .., ," I. ' '.. '. ".,. '., " -.'. I . . , . ,
.
Clearwater Gas System to provide natural gas service in Belleair Beach. The
Clearwater Gas System has provided service within the City of Belleair Beach for at,
least the past 10 years under one prior 1 O-year franchise. .
The Interlocal Agreement provides the City of Clearwater an additional 15-year
non-exclusive right to continue to construct, operate, and maintain all facilities necessary
to supply natural gas to the City of Belleair Beach. The Interloeal Agreement provides
for a 60/0 franchise fee to be paid by the consumers of natural gas within the City of
Belleair Beach.
Commissioner Hibbard moved to approve and accept an Interlocal
AgreemenUFranchise with the City of Belleair Beach in order to provide natural gas
service to the citizens of Bellealr Beach. The' motion was duly seconded and carried
unanimously.
Resolution #03-28 was presented and read by title only. Commissioner Jonson
moved to pass and adopt Resolution #03-28 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray. Hamilton. Jonson, Hibbard. and Aungst.
"Nays": None.
..
. 37 - Resolution # 03-35 authorizinq the refundinQ of the outstandinQ Water and
Sewer Bonds, Series 1993. (FN),
The Water and Sewer Refunding Revenue Bonds. Series 1993 (interest rate 5%
to 5.650/0) is eligible for refinancing. On December 1. 2003, the redemption price of
. '102% decreases to 101 % of the par amount of Bonds outstanding. The Water & Sewer
Refunding Revenue Bonds. Series 1993 are structured so that S5.6-million in principal is
paid off on December 1, 2004. The majority of the savings from this refinancing comes
from refinancing that portion of the bond. The bonds will not be refunded if adequate
savings as well as other requirements are not going to be realized.
Commissioner Gray moved to authorize the refunding of the outstanding Water
a'nd Sewer Bonds, Series 1993. The lTIotion was duly seconded and carried
unanimously.
Resolution #03-35 was presented and read by. title only. Commissioner Hibbard
moved to pass and adopt Resolution #03-35 and authorize the appropriate officials to
execute same. The motion was duly ~econded and upon roll call. the vote was:.
"Ayes": Gray. Hamilton, Jonson. Hibbard. and Aungst.
"Nays": None.'
.
Commi.ssion 2003-09-18
14
;.','t,',.i',, .'..., ':,~' .~".', ~",',~~" It, " \ II.. ~" ".;', ,....,..., 4. . :.,. 'l'.' ," ,,:: -1.,.. ,.' ,,'I' '.,1 . ,
.
38 - First readino Ordinance #7191-03 providinq for the refundina of the Gas Revenue
Bonds, Series 1996 A. (FN)
The Gas Revenue Bonds, Series 1996A (interest rates from 4.25% to 5.8%) are
eligible for refunding. In the near future, market conditions may become favorable to
refinance this issue. Currently, the City would realize a net present value savings of
approximately $107,000 on this refunding. This is equal to 1.3 % of the bOl1ds that
would be refunded. Net present value savings is the gross debt service savings after
costs of issuance have been deducted and a discounting process has been used to
express the savings in today's dollars.
With the tremendous volatility in the bond market, it is possible that in the future.
interest rates may fall to where the City will have substantial savings by refunding this
bond issue. The City generally tries to refinance bonds when the present value savings
approaches 5%. Staff believes if interest rates drop, the City will have a very short
window of opportunity to refinance these bonds and capitalize on the savings. By
adopting Ordinance 7191-03, the City will be in an excellent position to maximize the
potential refinancing savings should they appear. A sale resolution will be brought
forward for Commission adoption at the same time as the second reading of this
. ordinance detailing the specifics of the sale.
Commissioner Gray moved to approve providing for the refunding of the' Gas
Revenue Bonds, Series 1996 A. The motion was duly seconded and carried
unanimously.
.
Ordinance #7191-03 was presented for first reading and read by title only.'
Commissioner Hibbard moved to pass Ordinance #7191-03 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Jonson, Hibbard, and Aungst.
"Nays".: None.
Absent: Hamilton.
39 - Adopt Resolution #03"32 expressing the City's intention to be reimbursed from the
proceeds of a tax-exempt financing for certain capital expenditures. (FN)
The City utilizes lease purchase financing to pay for certain capital equipment. '.
Lease purchase financing allows the City to pay for items over their useful life. The
City's contract with Bane of America Leasing will expire'on September, 30, 2003; the City
currently is negotiating with Sun Trust Leasing Corp. to be the next lease purchase
provider. The resulting contract will be brought forward in a subsequent meeting.
Resolution 03-32 allows the City to pay the vendors and to be reimbursed from Sun
Trust Leasing.
.
Commissioner Jonson moved to approve expressing the City's intention tobe
reimbursed from the proceeds of a tax-exempt financing for certain capital expenditures.
The motion was duly seconded and carried unanimously.
Commission 2003-09-18
15
"Nays": None.
.
Resolution #03-32 was presented and read by title only. Commissioner Gray
moved to pass and adopt Resolution #03-32 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
40 - First Readino Ordinance #7170-03 establishinq a Sister Cities Advisory Board.
(ORLS)
The City of Clearwater has been involved in the Sister Cities program and is a
Sister City to the City of Nagano, Japan. ,The Sister Cities Advisory Board shall advise
the City Commission of activities and program issues that might impact the expansion or
development of the Sister Cities program.
.
The Sister Cities Advisory Board shall consist of five members: one member of
the City Commission, a representative of the local business community, the School
Board's World Language Coordinator or designee, a Clearwater Sister Cities Inc.
, representative, and'a ClealWater Arts Foundation representative.' Representatives of
the Clearwater Sister Cities Inc. and Clearwater Arts Foundation shall be nominated by
their respective orga'nizations. Section 2.063, Code of Ordinances notwithstanding, the
representatives of the local business community, the School Board's World Language
Coordinator or designee, and the Clearwater Arts Foundation representative shall not be
required to reside within the City. Members shall be appointed by the City Commission
'to serVe for a term of four years staggered such that not more than three terms shall
expire in any calendar year. A member shall not serve more than two consecutive
terms.
Commissioner Jonson moved to establish a Sister Cities Advisory Board. The
motion was duly seconded and carried unanimously.
Ordinance #7170M03 was presented for first reading and read by title only.
Commissioner Gray moved to pass Ordinance #7170-03 on first reading. The motion ,
was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Jonson, Hibbard, and Aungst.
"Nays": None.
Absent: Hamilton
Conlmissioner Hibbard moved to take Item #42 out of agenda order before Item'
#41. The motion was duly seconded and carried unanimously. .
.
Commission 2003-09~18
16
.
41 - Approve the Beach Walk Desiqn concept as proposed by the City'S consultants'
and City Manaqement and Staff. (PW) . .
In July 2001; the City Commission adopted Beach by Design. a Special Area'
Plan including a comprehensive set of land use, mobility, transportation, parking and
design guidelines for Clearwater Beach. The Beach Walk project was designated as a
catalytic project in Beach by Design, which means it will significantly help to reverse the
general economic trend of the area and serve as a catalyst for reinvestment and
revitalization. In November 2002, the City Commission approved a work order for Post,
Buckley, Schuh & Jernigan, Inc. to refine the Beach Walk concept presented in Beach
by Design, obtain public input on the project elements, complete final design, and
prepare construction plans.. Public meetings were held on February 25; April 29; and
May 29,2003, and the concept plan was refined after each meeting.
Project features include a realigned South Gulfview Boulevard - S. Gulfview will
be moved westward from its current location, following a curvilinear path from Coronado
Drive on the north to the Adam's Mark motel on the south. There will be two 14-foot
travel lanes, one northbound and one southbound, parallel parking spaces will be
provided on the east side, a reserved 1 O-foot future trolley lane is immediately west of
the travel lanes, and a 20-foot wide sidewalk and bicycle path is west of the future trolley
lane. In order to provide a smooth transition to the curvilinear road at the north end and
provide a landscaped entryway feature, the road will encroach into the southeast corner
of the existing Pier 60 parking lot, resulting in the loss of 14 parking spaces. The
entrance to the Pier 60 parking lot will be reconfigured to provide a stacking lane and
bypass, which will alleviate the current situation of vehides waiting on Gulfview
Boulevard to enter the lot.
.
Project features include Coronado Drive - Traffic studies have shown the addition
of a center turn lane on Coronado will provide sufficient capacity to absorb through .
traffic. which may divert to Coronado from S. Gulfview. The presence of private back-
out parking spaces in the City right-of-way, which serve businesses on the east side of
Coronado complicates the design. .
.
Various alternative cross-sections were analyzed, with three being considered
worthy of further consideration:
A'ternate #1 - The preferred long-term section consisting of two 10-foot
sidewalks, 11-foot north and south travel lanes, and a 14-foot center turn lane. This will
result in the loss of the back-out parking currently located in the right-of-way (160
spaces).. Pros: a) Accommodates sidewalks on both sides of street and includes two
travel lanes and a center turn lane; b) Allows la'ndscaping on both sides of the street; c)
Allows lane widths to meet preferred standards; d) Provides complete project at one time
without the need for future adjustment; e) Allows the undergrounding of utll1ties and
provides the preferred aesthetic improvement; and f) Eliminates potential safety and
liability associated with current back-out parking. Cons: a) Eliminates back-out parking
. in right-of-way used by small hotels.
Alternate #2 - An alternative section presented by business owners on
Coronado consisting of a 7 -foot sidewalk on the west side, 11-foot north and south travel
CommissiOn 2003-09-18
17
. ,.r. " ,I." IT ,. . ~. I.. '." ~ : . .' . '. ~ .,.. t ."
. .' , , ' '. , " ' . .... :. ,. . '... '.':'" \ " . . ~ , I,.. ';: I , 1 j \ ( .',! . '. .. , . ' ,....
.
lanes, and a 12-foot center turn lane, leaving 15 feet available for parking spaces on the
east side if owners provide an additional four feet of land area for a total of 19 feet for
the back-out spaces. This alternative would preserve parking spaces in the right-of-way.
Pros: a) Would retain back-out parking used by small hotels and b) Would provide a
limited sidewalk and landscaping on the west side of the street. Cons: a) Would require
private property owners to provide at least 4 feet of land for the back-out spaces
including dedication of a "temporary easement" over the private property; b) Would not
allow exclusive use of these spaces for the small motels. The Legal Department
indicates spaces would have to be available to the public on a "first come, first serve"
basis; c) Back-out parking creates safety, liability, and traffic problems; d) Limits ability to
achieve improved aesthetic environment on the corridor; e) Would reduce the width of
travel lanes and the center turn lane to 11 feet and 12 feet respectively; f) A second
street project would be required in the future after redevelopment of private property
eliminates back-out parking.
.
Alternate #3: An alternative provided by business owners would provide 8-foot
parallel parking spaces and a 7-foot sidewalk on the east side, with the remainder the
same as Alternate #3. This alternative would eliminate all back-out private parking in the
right-of-way, but would provide approximately 70 public parallel spaces. Pros: a) Would
provide a sidewalk on both sides of the street; b) Would not eliminate all parking for
small motels; c) Would not require private property for this alternative; and d) Would not
require a subsequent construction phase. Cons: a) Reduces 160 back-out spaces to 70
parallel spaces; b) Reduces the travel lanes and center turn lane width; and c) Would
not allow exclusive use of the spaces by small motel owners.
For Alternates #2 and #3, the 11-foot travel lanes could be reduced to 10-feet,
similar to Mandalay Avenue, which would provide 8-feet of sidewalk. . .
Administration recommends Alternate #1, which provides the best and safest
cross-section for vehicles and pedestrians, does not require private property, provides
the best aesthetic improvement for the area, and would allow constru~tion of the project
in a single near-term phase, which would also be more cost effective.
Also included in the project are: <
The Promenade: This is a wide pedestrian area located predominantly in the
western 35 feet of the, existing S. Gulfview right-of-way. The Promenade extends the
length of the project and will include landscaping, street furniture, and public art. A
Central Plaza is provided at approximately the midway point. Once.S. Gulfview is
relocated. the right-of-way can be vacated and the eastern 35 feet made available to
,adjacent property owners. This vacation would be at the City's option and would provide
an incentive to property owners to upgrade their property and blend in with Beach Walk'
through the use of elements such as sidewalk cafes and/or new resort development.
.
Public Parking: Construction of Beach Walk will necessitate the removal of 379
parking spaces from lots on S. Gulfview, 14 spaces from the Pier 60 lot, and 53 on-street
spaces on S. Gulfview. Proposed replacements for these spaces are: 1) New parallel
parking on S. Gulfview equals 32 spaces; 2) Construct an approximate 449 space
parking garage on the site of the "Adam's Mark" public parking lot for a 349 space net
, .
. ,
Commission 2003-09-18
18
" . ., .' . , , .. ' , .\/ ' ' . ., I..t , '.' I ,I ('., .' f j'.
.
increase for that site; and 3) Construct interim lot on the proposed Marriott Seashell
. property to equal 155 spaces. A total of 763 parking spaces are proposed to be
replaced by 853 parking spaces: 1) Pier 60 - decrease from 231 spaces to 217; 2) South
Gulfview lots - decrease from 379 spaces to 0; 3) "Adam's Mark" public lot ~ increase
from 100 spaces to 449; 4) S. Gulfview on-street - decrease from 53 spaces to 32; and
5) Seashell Interim - increase from 0 spaces to 155.
Business Access: A few businesses on S. Gulfvtew do not have parking or
delivery access from Coronado. Access to these businesses is being provided via two
frontage roads, one off of Fifth Street to the south and one off of S. Gulfview, in the
vicinity of McDonalds.
The consultants work order for design of the project is funded by a $490,000 VA~
HUD Special project grant. The preliminary cost estimate for construction of the project
is $7-million, plus $4.49-milllon for the "Adam's Mark" public lot parking garage.
Available funding to date for construction includes $1-million in Penny for Pinellas funds
and $75,000 in Development Impact Fees, with an additional $2-million in Penny for
Pinellas and $75,000 of Development Impact Fees available in FY (Fiscal Year)
2003/04. Following Concept Plan approval, it will take approximately six months to
complete final construction drawings. Staff currently is pursuing federal appropriations'
for additional funding
.
Brian Johnson, of OKS & Associates, reviewed traffic patterns and circulation
associated with the Beach Walk Design for south beach and stated one of the plan's
goals is to reduce, vehicular speeds and improve the pedestrian environment. He said
the plan is compatible with Beach by Design, preserves commercial exposure, and
discourages commercial trucks from using South Gulfview Boulevard. The median lane
on Coronado Drive will allow traffic to move more smoothly. A disadvantage of the plan
is a legal and design issue related to private parking on public right-of-way. He said
one-way pairs carry more. traffic at higher speeds and eliminate the need for traffic
signals. However, one-way pairs would be less compatible with Beach by Design,
increase traffic volumes and speeds, detracting from the pedestrian environment.
Keith Zayak reviewed plans for planned parking and access at North Gateway/
Pier 60, the design of the Central Plaza and waterfront promenade, and alternative
cross-sections for Coronado Drive. .
Assistant City Manager Ralph Stone said staff recommends Alternate #1, after
spending significant time working to accommodate back-out parking on Coronado. .
The City Attorney said that retaining back-out parking used by small hotels would
. require affected property owners to grant a 4~foot easement to the City. which would
demand those parking spaces be available for public parking on a "first come, first serve"
basis. Some property owners have indicated an unwillingness to allow their property to
be used for "first come, first~serve" parking.
Discussion ensued in regard to transforming Gulfview and Coronado to one-way
pairs and it was indicated many residents are vehemently opposed. An opinion was
.
Commission 2003-09-18
19
Nineteen people addressed aspects of the Beach Walk plan.
.
expressed one-way pairs would be viable and effective and have been successful in
many beach communities without negative impacts on property values.
In regard to access at North Gateway/Pier 60, a suggestion was made the
parking lot not be changed as the new plan loses 14 spaces, improves nothing, will
cause vehicles to stack up into the road, and traffic to back up into the roundabout.
.
In response to a concern, Mr. Stone said the plan is to minimize curb cuts on
South Gulfview. Staff is trying to find a balance for South Gulfview business access and
will address that detail when construction drawings are prepared. Most likely,
businesses accessing both Coronado and Gulfview will be limited to a Coronado access.
Currently. back out parking uses approximately 15 feet of public right-of-way. The City
Attorney said the City could vacate the right-of-way if the City Commission determined it
was not needed. Another option is to obtain four-foot easements from owners of
properties abutting the east side of Coronado, to provide IIfirst-come, first-serve" parking.
Discussion ensued in regard to the back-out parking alternate and a
recommendation was made the City should work with property owners regarding
obtaining an easement to their 4-feet of private parking. It was felt this alternate could
transition to parallel parking as large chunks of properties on Coronado are redeveloped
and the plan would retain 160 parking spots on south beach. Mr. Stone said
underground utilities and sewer pipes could be positioned during construction.
Discussion ensued regarding the Adam's Mark site for a parking garage and it
was indicated this is a bad location and should only be considered as a last resort, there
is a lack of sites for a parking garage off the beach and private partners are needed to
help solve the parking issue. It was noted the Pelican Walk agreement prohibits the City.
from building a parking garage at Rockaway for 5 years.
Discussion ensued regarding the proliferation of condominium projects on the
beach and it was indicated this.is a resultof a market driven by high property costsl
which makes it difficult to operate small hotels profitably. In response to a question, Mr.
Stone said the Seashell Resort development agreement provision of 10-feet of land to
be dedicated on the east side of Coronado will be used to queue traffic at the parking
garage entrance. In response to a question, Mr. Quillen said the 18 feet of land on the
east side of Coronado proposed to be' ded icated by the Markopoulous prroject cannot be
used for traffic. .
.
Discussion ensued with comments that wide sidewalks are not necessary on
Coronado, one block from the wide promenade designed for Beach Walk. and
construction of Beach Walk will remove 249 waterfront parking spaces. Support was
expressed for parallel parking on Coronado with a suggestion that hotel owners could
provide parking passes to. guests. '
Concern was expressed regarding sequencing of the project. Public Works
Administrator Mahshid Arasteh said the Coronado piece will be first, will take one year to
design and one year to construct. South Gulfview is the last phase.
. .
Commission 2003-09-18
20
.,~' I ,.,t.' ,'- ~ .,."..','.~' .",' ,I' ..., . ,: ..1.'.., . ',,> " ...'.,. :. , '. '~'+~'.:. . ...... ,....f, I'; ~'.."'.I.':'~
.
Discussion ensued in regard to' Beach by Design's impact on parking and it was
questioned whether the consultant was aware of the legalities regarding parking. The
City Attorney said the project does not address if parking is public or private.
In response to a question, Mr. Quillen said angled spaces allow fewer spaces in
a block and protrude farther into the street than back~out spaces. Ms. 'Arasteh said the
contractor will determine th'e construction schedule for Coronado upgrades. No parking
on Coronado will be available for the duration of construction. Walkway and driveway
access, where they currently exist. will be maintained during construction.
Concern was expressed,in continuing the illegal practice of allowing private
parkin'g on public right-of-way, renting out spaces on public right-of-way, towing vehicles
parked in these spaces and reducing the number of parking spaces for businesses. It
was hoped business owners would cooperate with the City to identify some pocket
parking.
.
Discussion ensued in regard to parking on public right-of-way and hoteliers
renting out these spaces. and it was emphasized this practice has to stop. The City
Manager questioned if the City Commissfon intended staff to enforce similar parking
requirements on other sections of ClealWater Beach, such as East Shore. A similar
parking situation exists on all four sides of subject blocks abutting Coronado. The City
Manager expressed concern regarding consistency issues. Assistant City Manager
, Brumback said enforcement will be difficult as not all beach back~out parking spaces are
in the public right-of-way. ,
Mr. Stone s~id initially designing the road maintaining the current back-out
parking would allow future transition to parallel parking with little expense. Ms. Arasteh
said initially designing the road with no parking would not easily and inexpensively be
transitioned to allow parking. ' "
Mr.' Stone said to prevent further deterioration of the tourist market, the City
needs to construct Beach Walk as soon as possible to improve the current substandard
environment on south beach. No one is willing to invest in the area until infrastructure
improvements are made. Waterfront properties are receiving offers to convert to
condominiums. He said staff was unable to purchase land off the beach for a parking
garage due to cost. He expressed concern a substandard decision will compromise
efforts to, improve the beach. He said the City is trying to preserve the tourist.industry by
constructing Beach Walk. '
Discussion ensued regarding regulation of parking spaces in front of Coronado
motels that are located in the public right-of-way with recommendations the spaces not
be posted as public. The City Attorney said property owners could face a lawsuit for
towing vehicles off public property.
Consensus was to prohibit motel owners from charging for parking in spaces in
, the Coronado right-of-way or towing vehlcles'from those spaces. This is to be done on
an honor system. '
.
Commission 2003-09-18
21
I + .' ~." , . " 'L.. I . i:. ""'R'.'
.
Commissioner Hibbard moved to approve the Beach Walk design concept with
direction to proceed with the alternate for parallel parking on Coronado Avenue, keep
status quo for Coronado Avenue parking until construction begins but owners to cease
towing vehicles and charging for parking on public right-of-way, and constructing parking
garage by Adams Mark Hotel as last resort. The motion was duly seconded.
The City Manager clarified staff will.bring forward the parking garage issue for the.
beach only on City Commission direction.
Consensus was for staff to report to the Commission if Coronado Avenue motel
owners are not complying with the honor system related to parking spaces in the public
right-of-way.
Opposition to the motion was expressed due to the reduction in parking.
Upon the vote being taken, Commissioners Gray, Jonson, and Hibbard and
Mayor Aungst voted "Aye"; Commissioner. Hamilton voted "Nay." Motion carried.
42 - Approve the Markopoulos proieet term sheet and provide direction reqardinq the
proposal of a "one way" south for South Gulfview contiguous to the Markopoulos
property. (ED/HSG)
.
The City and Anthony Markopoulos (the.Developer), owner of the Day's Inn,
Beach Tower, Spy Glass and Golden Beach hotel properties on Clearwater beach, have
discussed the general development "terms" that may lead to an application for a new
large resort hotel on Clearwater beach. Pursuant to that end, the parties have
developed a "Term Sheet," which identifies the framework for a development agreement,
. site plan, design and street vacation application for the proposed project. While the City
Administration and Developer mutually agree on the attached Term Sheet, there is one
significant disagreement. This disagreement relates to the desire of the Developer to
modify the traffic pattern on South Gulfview to a "one way" pattern to the north and west
side of his property. .
The term sheet proposes the following framework for the proposed new resort
project: .
1) The hotel will be a national or international "flag" consistent with the criteria in
Beach By Design and will not be a Day's Inn or any of its affiliates. If the property does
not obtain a flag as described in Beach By Design, the Development Agreement will
provide specific standards for the quality, operation and maintenance of the facility;.
2) The project will contain up to 450 rooms, but no less than 350 hotel rooms. A..
mix of condominiums is allowed subject to the proposed "mix" of units in the project. No
more than 250 units will be utilized from the Bonus Density Unit Pool in Beach By
Design. Th~ Developer, at his option, may apply for additional density using Transfer of
Development Rig~ts for the projeCt .
.
Commission 2003-09-18
22
, 5)The Developer will dedicate 18 feet of land along the western boundary of
Coronado adjacent to the Developer's property.
6) The Developer will pay for a pro rata share of the South Gulfview and Beach
Walk improvements in which the Developer's share will represent the percent of frontage
the Developer owns on the project as a proportion of the overall frontage (same formula
as the Seashell development agreement). .
..
3) One pedestrian bridge may be constructed by the Developer, at his cost, over
South Gulfview and will be open and accessible to the public on both sides of the bridge.
There shall be no requirement that the public be permitted ingress to. the resort property.
4) The City will design and permit Beach Walk (including improvements to South
Gulfview and Coronado). There will be no "eyebrowtl parking contiguous to the
Developer's property (Note. this is no longer a recommended component of the Beach
Walk design), subject to amendment of the Seashell development agreement. The City
will vacate. the portions of South Gulfview not rettulred for the roadway redesign.
7)The City's portion of any transportation impact fees paid by the Developer will
be credited toward the Developer's share of the South Gulfview and Beach Walk
improvements.
.
8) The Developer will file for vacation of the First Street right-of-way co'ntiguous
to his property and dedicate 60 or 80 feet at the south end of his property for a new
easUwest street. If South Gulfview is one-way, contiguous to the Developer's property,
then the dedication will be 80 feet and if two-way, the dedication will be 60 feet. These
actions will be contingent upon commencement of the construction of the project.
9) The City and the Developer agree to coordinate and cooperate regarding the
. construction of the South Gulfview and Beach Walk project and the Developer's project
and the. City agrees to use reasonable diligence to complete the South Gulfview and
Beach Walk improvement by a date certain, to be determined in the development
agreerrent, with the intent of finishing the project prior to the Developer obtaining a
certificate of occupancy for his project. .
The Beach Walk design concept identifies South Gulrview as a two-way (one
lane in each direction).section for ~he entire length of South Gulfview in its relocated
form. The Developer. has proposed a one-way format with two lanes moving south to
, the southern end of his project, which would intersect with a new easUwest street
between his project and the Seashell project.
Pros:
. The Developer believes the one-way proposal provides a more marketable
environment for the redevelopment of his project.
. The one-way section would provide higher capacity for southbound traffic'
. wanting to patronize South Gulfview.
.
Commission 2003-09-18
23
. ' ',' ' . I . .' ',. . , ,~. .... . " , .' ... ..'....' :;.!. i . .' , " ' I.. .. ' . : ", ~' J' ~ ".
.
. Eliminates left~turn conflicts at Coronado and South Gulfview at the northern end
of the Developer's project.
. Would allow moving .the traffic light at Coronado and South Gulfview south to the
. new easUwest road, which would provide additional stacking from the
roundabout.
Cons:
· Would create some conf~sion regarding traffic circulation in the south beach area
for new visitors.
. Coronado Vli\I need an additional lane fronting on the Developer's property to
make up lost capacity for northbound traffic that now will be rerouted to
Coronado on the new easUwest street.
· May create higher traffic speed, unless traffic calming is introduced.
.
· Generally, one-way traffic is considered less "pedestrian friendly" than two-way
traffic (assuming the same lane widths) by traffic engineers.
Administration is requesting direction regarding the points summarized in the
. proposed Term Sheet. There is a single point of disagreement that the Administration
a'nd the Developer have not resolved related to the one-way or two-way of South
Gulfview contiguous to the Developer's property. Administration recommends the two-
way option.
Mr. Stone said the term sheet states one pedestrian bridge may be allowed,
addresses. the vacation a"nd rededication of streets, and defines the formula for Mr.
Markopoulos' participation in his assisting in funding the Beach Walk Project. In the
Term Sheet, the City agrees to fold transportation impact fees back in and credit Mr.
Markopoulos for his portion of Beach Walk. The term sheet is an outline and is not
binding. A major point of contention was Mr. Markopoulos' request for a one-way
system past his property. This is no longer a component of this agreement. The
development agreement will address the issue of quality of property flag, which must be
maintained for 1 a years.
Pedestrian access to the property is subject to amendment to the Seashell
agreement. In response to a question, Mr. Stone said the 1 a-year time frame is based
on mutual discussion regarding what would be reasonable. The City Attorney said
development agreements have a 1 O-year life. It"was recommended public parking be
included in the development. Concern was expressed litigation not be req uired to
enforce issues included in the term sheet. Mr. Slone said he emphasizes the need for .
public parking spaces when talking with develop~rs interested in the beach. The City
Attorney expected Mr. Markopoulos will be responsible for costs associated with
inspecting the quality of the r~sort. That issue will be spelled out in the development
agreement. . .
..
Commission 2003-09-18
24
" ' " , . "',' ~ ' , ' ',. ~,'. . ~., ,. " : '. . ,. , ': ' ~ . 'j '. j .' . .... I', . ,
.
It was stated Mr. Markopoulos has a history of litigation and concern was
expressed an official vote not be taken related to this request. The City Attorney said
staff requests consensus and direction, and is not requesting a vote to approve this
document. Mr. Stone said the City is trying to achieve a quality of property that will
reposition the beach's market place. It was recommended the property maintain a three
star AAA (American Automobile Association) rating.
The request for one-way pairs was withdrawn.
Consensus was that negotiations on a development agreement for the
Markopoulos project move forward.
43 - First Readinq Ordinance #7212-03 - relatinq to municipal elections amending
Sec. 14.41(2) relating to filing fees, Sec. 14.41(7) relating to qualifying periods, Sec.
14.42(1 }(d) relating to compliance with laws, Sec. 14.44(1) relating to write-in
candidates. '
City Clerk Cyndie Goudeau said the changes are designed to accommodate the
Supervisor of Elections' schedule for the March election. For this year only, the
candidate qualifying period will be December 1 - 15, 2003. Once the Charter Review
, recommendatiqns are approved, staff will bring back more permanent changes to the
election code.
.
Commissioner Hamilton moved to amend the City Code related to municipal
elections to include filing fees, qualifying periods, compliance with laws and write-in
candidates. The motion was duly seconded and carried unanimously.
. Ordinance #7212-03 was presented for first reading and read by titl.e only.
Commissioner Jonson moved to pass Ordinance '#7212-03 on first reading. The motion
was duly seconded and upon roll call, the vote was: .
"Ayes": Gra'Y1 Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.'
44 - IAFF Union NeQotiations Update
Human Resources Director Joe Roseto said the IAFF (International Association
of Firefighters) Union had not r~tified the proffered three-year contract. After working to
obtain a one-year agreement with the union, Mr. Roseto said the City declared an.
impasse earlier this week. The City will continue to meet and negotiate with the union.
45'; Other PendinQ Matters ~ None.
.
Commission 2003-09-18
, 25
',1;:.(. t.~ ','j.,:.",.,,' ~ '.. '\ 'I' :~"II' .,. '.., t .,",'.:", ;J~,'.~ ",'~',,~'.""'" _ ,!. ';". , ; .' ..~' ,. " ~"I' .. " t,. I, :' .r....{". j' '., ,I,
, ,
,. ,'..., 1':'.; ~ . . ' ' . ~ , , '. ' . '. . ' ',' ~ , .. '", " ." ,I. ~.' I : . i ., ,I ' , ' .
.
CITY ATTORNEY REPORTS
46 - Other City Attorney Items,
The City Attorney requested an attorney/client session regarding National
Advertising Co. v. City be scheduled for October 2, 2003 at 4:30 p.m. Consensus was to
schedule.
47 '- City Manaqer Verbal Reports
The City Manager thanked the Commission for their cooperation and help during
the budget pr~cess. '
48 - Commission Discussion Items
a. City Manager and City Attorney Evaluations
Direction was for staff to provide Commissioners with 'forms used last year and to
schedule verbal comments for October 16. 2003. '
b. December 2003 and January 2004 meeting schedule.
.'
Set Commission meetings on December 4 and December 18, 2003, and Work
Sessions on December 1 and Dec~mber15, 20.03 and set Commission meeting on
January 15, 2004 and Work Session on January 12, 2004.
Consensus was to approve meeting schedule.
c. ' Receiving' Charter Review Report
, The City Commission directed the Charter Review Committee to provide a repo'rt
to the Commission' on October 13, 20,03, and to schedule a public hearing on Oc:tober
16, 2003.
d. Florida League of Cities -:- Legislative Conference
Ms. Goudeau reported the City Commission had expended its travel budget.'
Re~ervation~ for the November 14 - 15. 2003 FLC (Florida League of Cities) legIslative
conference should be made as soon as possible.
Consensus was to cover costs obligated during the 2003 budget
49 - Other Commission Action .
.
, Commissioner Hamilton reported he and Commissioner Jonson had overspent
their travel budgets and req uested' reimbursement for travel costs related to a FLC
Legislative. Policy Committee 'meeting they had attended. .
Consensus was to cover related travel costs.
, .
Commission 2003-09-18
26'
i... 1'.... '.....Io:.~..~. .' .'~" :;, '..' ..~ ~ . ',.'. ',.< ,.. .. 'I p..~ .1 i. I'..,:. ','. ," " '",..... '." I' I..'
. ' I,... / . '. ' . ',' . ,0., .,' . to, '0 . . ' .L ' . ~ , , \. , ~' . , .: . ., . . ~, . '. .. . I : . I ' , .
.
Commissioner Hibbard reported he had attended a Leadership Conference for
the American Cancer Society on September 13. 2003 and encouraged sponsors for the
April 2. 2004 Relay for Life event. He is the chair.
Commissioner Hibbard thanked staff for their great efforts at organizing the
Citizens Academy, which heightens resident awareness.
Commissioner Hibbard reported the Clearwater Marine Aquarium is closed for a
week for cleanup and improvements. He encouraged residents to support the facility,
which expects a new executive director will be in place soon.
Mayor Aunqst said Mr. Wiser is unfamiliar with the myriad of Commission
res p~r1sibilities.
,
. Commissioner Grav encouraged residents to support the CHIP (Clearwater
Homeless Intervention Program) fundraiser on October 11'. 2003, at the Belleview
Biltmore.. .
Commissioner Grav said the Library Foundation Capital Campaign is targeting
businesses and encouraged their participation.
Commissioner Jonson reported cleanup of the Piney Point phosphate plant is not
proceeding very quickly. A task force is reconvening to reconsider the issue.
'.
Commissioner Jonson said he had attended a FLC Transportation & Urban
Administration committee meeting. Discussion included the CRA and the Strategic
Intermodal System project. He said cities need to be represented and appointed to
participate in project discussions. He requested the City Manager review the issues.
. Commissioner Jonson said at a legislative workshop. local cable companies
were encouraged to broadcast the Florida channel. Mavor Aunqst said Bright House is
trying to get the County to air Florida legislative meetings on its channel. Channels are
very costly.
Commissioner Jonson hoped the East coast is weathering Hurricane Isabelle
and expressed regret the new Ross Norton Recreation Center was not designated as a
shelter. The City Manager said the center will be construCted to withstand a Level 3
hurricane.
Commissioner Jonson noted concerns about the design of the Balk Development
and said he is pleased staff is moving forward with urban design guidelines.
Commissioner Jonson said he attended the Florida neighborhood conference
and distributed information on the Green Canopy Partnership. He reported other cities
had complimented him on Clearwater's neighborhood services presentations.
.
Commission 2003M09M18
27
.
Commissioner Hamilton, responding to Mr. Wiser's criticism that Commissioners
. had not attended the landscaping of Countryside Library. said the City Commission
spends significant time preparing for this and other meetings. 'He decided to spend
quality time wit~ his family last weekend'and to attend tonight's meeting. evefl though he
has other family commitments. He said he is proud to serve.
Mavor AunQst wished a Happy Birthday to Commissione~s Grav and Hamilton.
Mavor Aunast reported the County has scheduled a public meeting at
Countryside High School, rethe local option gas tax on September 22,2003 at 6:30 p.m.
Mayor Aungst invited residents to attend the 14th Annual Taste of .Cfearwater'at
the Har~orview Center on September 23. 2003 from 5:00 to 8:00 p.m.
50 - Adiournment
The meeting adjourned at .10:37 p.m.
.
~
/,
, .
..."
. ,
. "
.
Commission 2003-09-18
28
, ,