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04/15/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER April 15, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:03 a.m. at City Hall. Service Awards Four service awards were presented to City employees. The Clearwater Gas Service Maintenance Team was presented the Team Award for March - April 2002. The Commission recessed from 9:21 to 9:22 a.m. to meet as the Pension Trustees. PUR PURCHASING 1) Purchase compactor containers during the contract period May 1, 2002 through April 30, 2003 for $80,000. (SW) 2) Service contract for grounds maintenance during the contract period May 1, 2002 through April 30, 2003 for $71,524. (PR) 3) Work order for preliminary design report for the force main and gravity sewer improvements, phase I for $96,760. (PW) 4) Work order for short term storm water management plan, phase I for $88,920. (PW) In response to a question regarding Item #4, Marine & Aviation Director Bill Morris said this project, one of many identified in the Airpark’s Master Plan, is associated with lengthening the runway. These funds represent grant money. LIB LIBRARY Approve construction authorization for the new Main Library to Turner Construction Company in an amount not to exceed $1,466,426. This construction authorization will allow Turner Construction Company to commence the demolition and foundation portion of the new main Library project, while final construction plans are prepared. Staff will submit another agenda item authorizing the balance, $14,532,915, less $1,466,426, of the construction budget when the GMC (Guaranteed Maximum Price) is finalized with Turner Construction Company. This item is scheduled of City Commission approval on August 22, 2002. This authorization includes work to be completed by Turner Construction Company for a total of $1,466,426: 1) $570,200 - general requirements for entire project; 2) $217,636 - building and site demolition; 3) $446,875 - building foundations; and 4) $231,715 - site work and utilities. The State Department of Management Services, the City’s project manager, has approved this authorization. Library Director John Szabo reported the move to temporary quarters is on schedule and was budgeted as part of the project. The demolition crew has been directed to be careful in one area to preserve bricks from the original Carnegie structure and hopefully locate its cornerstone. A scrivener error was noted. Concern was expressed parking will be a problem as the old library’s final event conflicts with a Coachman Park concert, featuring Roberta Flack. It was recommended the coordination of City events be improved. It was suggested the library event be rescheduled, if possible. MR MARINE /AVIATION Approve release of funds from the Marina enterprise fund, in the amount of $50,000, for Clearwater Marina Aquarium improvements. On January 27, 1999, the City signed an agreement with the Clearwater Marine Aquarium to provide them $50,000 a year, for five years, in exchange for improvements to the aquarium facility. The City agrees to pay the Clearwater Marine Aquarium for expenditures incurred under the agreement on an as needed basis in accordance with the Budget and Project Implementation Schedule made part of the agreement as an exhibit. The aquarium intends to use the funds to enlarge the parking area in Phase I, of a project, costing approximately $210,000, which the aquarium calls ‘Auto Habitat.” This $50,000 request is to be released for the Clearwater Marine Aquarium in the 2001/02 budget from the Marine & Aviation enterprise fund. This is the fourth of the five-year commitment, and the third payment from Marine & Aviation Department funds. In response to a question, Mr. Morris said this item was budgeted. The Clearwater Marina Aquarium was complimented for internal changes, efforts toward self-sufficiency, and its fine work as a research and rescue facility. Staff will report on the aquarium property’s ownership. Approve the transfer of $74,000 of funds from Recreation Facility Impact Fees collected on Sand Key by Parks and Recreation, into a new CIP for improvements at the Clearwater Community Sailing Center and to increase security at the Sand Key Beach to the North of the Sailing Center. Use of these funds will: 1) expand boat storage necessary to attract membership and 2) preserve, yet control, access to the Sand Key beach, north of the Sailing Center. Local residents have expressed concern illicit activities at night are degrading that beach area. Closing the beach at night would eliminate access to City fishing piers during prime fishing hours. Proposed projects will increase boat storage, attract sailing center membership, and improved security, while controlling access, for an estimated project total of $74,000: 1) $16,897 - video security system; 2) $15,010.70 - barrier gates; 3) $6,969.70 - boat storage behind restrooms; 4) $7,123.20 - boat storage under Clearwater Pass Bridge; and 5) $28,000 - new docks to assist ADA sailing program. During daylight hours, the gates will remain open. Between sunset and sunrise, access will require use of a card, available at the Sailing Center and Marina office. The card will be coded to identify those who enter the Sailing Center parking area or beach to access the fishing piers, including arrival and departure times. Any card fee will recoup the cost of cards and not provide a source for additional revenue. Program plans include landscaping, fencing of additional boat storage, dock construction, and security improvements. The City Attorney did not anticipate any legal problems related to the proposed security system, which will control access. In response to a question, Mr. Morris expected the equipment’s presence will discourage misconduct as it is making a digital recording of all activities. Three cameras will be affixed to the rest rooms, three under the bridge, and three on the sailing center. The City does not want to prevent access to the beach, but wants to track visitors. Currently, beach access is available 24 hours per day. The system’s initial cost does not cover access cards, as the required number is unknown. He estimated cards, which will not identify their purpose, will cost between $5 and $10 each. PD POLICE Approve agreement in the amount of $26,400 with Pinellas Cares, Inc. for provision of a Homeless Shelter Bed Hotline. Pinellas Cares, a community service organization, will provide a “bed line” telephone service for Clearwater police officers and others throughout Pinellas County, 24 hours per day, 7 days per week, for a two-year period. This service will inform callers of all available emergency shelter beds in Pinellas County. Pinellas Cares will staff the “bed line” around the clock and will ensure that all participating shelters provide updated information daily. Pinellas Cares will: 1) maintain daily record of available shelter beds; 2) monitor reporting from cooperating homeless shelters; 3) inform police officers, homeless individuals, and shelter staff of available bed space; 4) patch telephone calls from law enforcement officers to available shelters; 5) attend meetings of the Pinellas County Coalition for the Homeless and other stakeholders; and 6) prepare monthly reports for distribution to cooperating partners. In response to a question, Police Chief Sid Klein said other law enforcement agencies in the County also are contributing toward “bed line” costs. He hoped before the two-year funding has been spent, an alternative funding source at the County level will be found. The County was thanked for its help with this issue. PR PARKS AND RECREATION Award an architect of record contract to Harper Partners, Inc., in the amount of $57,3000, for the design, permitting, engineering, and construction management of the Glen Oaks Clubhouse, and approve increasing the budget and funding for the renovation of the Glen Oaks Clubhouse from $300,000 to $600,000 The City Manager said as funding may be available for an area stormwater project sooner than anticipated, staff is not prepared to move forward with this project at this time. Parks & Recreation Director Kevin Dunbar said a new clubhouse would require reconfiguring three holes on the course, and addressing parking and stormwater issues. The complete project will require additional funds. The City would be reimbursed for the clubhouse portion. Cancellation of the Glen Oaks lease requires a one-year notice. In response to a question, the City Attorney said if the Glen Oaks lease is terminated after the clubhouse is constructed, the Chi Chi Rodriguez Youth Foundation, Inc. will not make payments toward its construction and the City will be responsible for associated expenses. Approve an Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies which will modify and amend the Agreement for Development, Sports Facility Use Agreement and Baseball Training Facility Lease Agreement to reflect the change in primary location for the complex and timeline for project events. On December 31, 2000, the City Commission approved the Sports Facility Use Agreement between the City and the Philadelphia Phillies, and on March 1, 2001, the City Commission approved the Baseball Training Facility Lease Agreement (Carpenter Field Lease), and the Agreement for Development of Community Sports Complex at the location, formally known as the SPJC (St. Petersburg Junior College) property, as the primary site for the construction of the facility. On October 5, 2001, the City and Phillies signed a letter of understanding, acknowledging that the City and Phillies mutually agreed that the SPC (St. Petersburg College) property was unacceptable as the project site. On April 4, 2002, the City Commission approved a Purchase and Sale Agreement between the City and Home Depot U.S.A., Inc., for the purchase of property at 21870 US 19N, Clearwater, for the purpose of constructing the Community Sports Complex at that location, utilizing some of the property now occupied by the Bomber Stadium. Approval of the Amendatory Agreement will accomplish the amendments to these agreements and allow the project to proceed with the development and use of a new Community Sports Complex. Mr. Dunbar said this agreement is not ready for consideration. Changes will relate to contract dates, site location, and deal economics. Target has indicated no objection to use of the Home Depot site for a stadium. The Mayor was thanked for his help with this issue. Outside counsel is working on the agreements. It is hoped a closing date of August 31, 2002, is possible. It is anticipated the stadium will be available for the 2004 baseball season. The Phillies were thanked for the team’s spirit of cooperation and partnership. PW PUBLIC WORKS Approve a work order for consultant services in the amount of $67,995 to Parsons Engineering Science, Inc. for preparation of construction plans and permitting for the Bayshore Blvd. at SR 60 intersection. This project will increase the capacity of the Bayshore Boulevard/SR 60 intersection and reduce motorist delay by providing adequate storage for southbound vehicles along Bayshore Boulevard that desire to access SR 60. In August 2001, Parsons completed the conceptual design, which will be incorporated into the final roadway construction plans. This work order with Parsons covers the final engineering design, preparation of construction plans, and permitting. The final design should be completed by June 1, 2002. In response to a question, Public Works Administrator Mahshid Arasteh said construction of the project will cost approximately $200,000, due to the need to move many utilities and the presence of clay. The extension will be approximately 400 feet long. In response to a question, City Engineer Mike Quillen said this Capital Improvement Project was budgeted. The City Manager said staff is working with FDOT to reduce the speed limit on SR 60 in this area. Approve the Local Agency Program (LAP) Supplemental Agreement with the Florida Department of Transportation (FDOT) for the Clearwater Beach West Bridge/Spur Connector construction phase, in the amount of $3,006,562. On October 19, 2000, the City Commission approved the LAP (Local Agency Program) agreement between FDOT (Florida Department of Transportation) and the City for design of the Clearwater Beach West Bridge/Spur Connector construction. The pedestrian and bicycle cable-stayed bridge will cross over Mandalay Channel, south of the existing fishing pier, and connect sidewalks on Clearwater beach & Memorial Causeway. This supplemental agreement expands City administrative efforts to manage the project’s construction phase, including construction engineering and inspection. FDOT is funding 100% of this project. Design will be completed in December 2002, with construction from March 2003 to December 2003. Concern was expressed this project may add too much of a burden to staff. Mr. Quillen said the project is of short duration. This bridge will be slightly higher than the vehicular bridge next to it. In response to a question, Ms. Arasteh said the City was LAP certified on November 12, 2000. While the City accepts more responsibility through this certification, it will have more control over projects. PLD PLANNING Public Hearing & First Reading Ord #6950-02, 6951-02, 6952-02 – Annexation, Land Use Plan and Zoning Atlas Amendments for 3010 Grandview Avenue (Kapok Terrace, Lot 11 and a portion of Lot 12, in Section 09-29S-16E) (Thao & Vui Nguyen) ANX 02-01-01 The applicant has requested annexation for 3010 Grandview Avenue to obtain City water and sewer services so they can construct a single-family dwelling. A Land Use Plan designation of Residential Low and Zoning of Low Medium Density Residential have also been requested. Staff has determined the proposed annexation land use plan amendment and rezoning applications are consistent with Code standards. The CDB unanimously recommended approval. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of the County Ordinance No. 00-63, section 7(1-3), and no objections have been received from these offices. In response to a concern, staff will report if this property is subject to flooding or sinkholes as it is near the Friendly Village of Kapok Mobile Home Park. Public Hearing & First Reading Ord #6953-02 – Zoning Atlas Amendment for 101 South Old Coachman Road (Post Court, Lot 1 less the Northerly 920 ft, in Section 18-29S-16E) (Post Court / Keith Bricklemyer) Z 02-01-01 The subject 7.7-acre property is developed with a 108-unit multi-family development in four three-story buildings. This zoning change will bring an existing use into conformity with the Community Development Code. When developed in 1987, the property was zoned Limited Office was a conforming use. The new Community Development Code, adopted in 1999, reclassified the zoning to Office, which does not permit stand-alone multi-family developments. The Post Court Apartments are a legal non-conforming use. The site has a Future Land Use Plan designation of Residential/Office General. The proposed Medium Density Residential (MDR) is consistent with this plan category. This zoning district permits 15 dwelling units per acre. The site is developed with 14 units per acre. The applicant owns a multi-family residential complex adjacent to the north, which also is zoned MDR. The proposal rezoning will bring the applicant’s entire property under the same zoning district. The Community Development Board (CDB) unanimously recommended approval. The proposed rezoning is consistent with the standards specified in the Community Development Code. In response to a question, Planning Director Cyndi Tarapani said the City had charged an application fee. The owner had the option of the property remaining a non-conforming use. It was suggested the City consider waiving or refunding the fee, as the City had changed the property’s zoning. Public Hearing & First Reading Ord #6928-02 – Community Development Code Amendments A list of the proposed amendments to the Community Development Code was presented to the City Commission at the January 7, 2002, Work Session. The Commission provided direction on issues including transfer of development rights, vending machines, and tree replacement requirements, and directed staff not to include certain amendments. On February 21, 2002 the Commission deferred action on the ordinance so staff could provide additional information on several proposed provisions. On April 1, 2002, the Commission discussed portable storage units, sign height, and vending machine signage and requested further information regarding portable storage units and signage. The CDB held public meetings on February 19 and March 19, 2002 and a Work Session on April 3, 2002. At the Work Session, the CDB reached consensus on limiting bay window extensions into required setbacks to 24 inches. The CDB requested further clarification on the proposed Hearing Officer Appeal language, discussed proposed revisions to the maximum sign area permitted through the Comprehensive Sign program (Section 91), and discussed changing the proposed 5% of building façade maximum to 6% for attached signage. No consensus was reached on signage and discussion will be continued on April 16, 2002. On March 7, 2002, the PPC (Pinellas Planning Council) determined the proposed amendments are consistent with the Countywide Rules. The City Manager thanked staff for their efforts related to this process. He felt staff had hit the target as directed, regarding to the sign code. He said Commissioner Jonson’s request for an expanded study of signs requires Commission approval due to the 8-hour time rule. Ms. Tarapani reviewed the history of the Code, adopted to meet the City’s built out status. The Code includes incentives and allows flexibility. The City’s trained professional staff, representing a range of disciplines, provide oversight as the Development Review Committee over the Comprehensive Sign Code. Changes to Code regarding cell tower issues have been postponed until more information is received. Work on changes to TDR (Transfer of Development Rights) rules is underway. The sign code is not broken, but needs more flexibility. The 128 square-foot cap on signage is insufficient for large structures. She presented photographs of Gulf-to-Bay Boulevard, at Arcturas Avenue, noting dramatic aesthetic improvement since 1988. She stated the latest changes to the sign Code were too restrictive. Ms. Tarapani said the process to update the Code began in January, and has included 8 pubic hearings, a public workshop, and many individual meetings. The City Commission also has had one previous public hearing and the CDB (Community Development Board) has had three public hearings, with another one scheduled. The CDB, which supports lifting the signage cap, will provide their recommendations tomorrow. It was recommended proposed changes to the Sign code be compared with sign codes in the City of Largo, City of Safety Harbor, and Pinellas County to establish benchmarks. It was felt signs based on a façade’s height and width would be too large. It was recommended the City adopt a cap similar to the County’s, which limits signs to 150 square-feet. Information was requested regarding the size of the freestanding sign at Countryside Mall and how that sign compares with proposed changes. It was suggested the opportunity for variances would provide sufficient flexibility if a cap is established. Ms. Tarapani said variances are based on hardships. The current practice rewards better designs. The range of signage size proposed, based on the size of a site, is capped at 5% of a building’s façade. Staff will report on the percentage of sign applicants that request Comprehensive Sign Code, which is a negotiated process. In response to a concern that a restaurant’s attached sign is too small, Ms. Tarapani said the owner had not applied for additional signage through the Comprehensive Sign Code. In response to a question, she recommended minimum signage be increased to 20-square-feet. It was recommended small businesses be provided the opportunity to increase the size of their signs without having to go through the Comprehensive Sign Code process. In response to a question, Assistant City Manager Ralph Stone said staff determined signs that are 1% of a building’s linear façade are too small, as are 10 square-foot signs. Ms. Tarapani said while distinctions can be made regarding signage for a regional mall, the Clearwater Mall property no longer fits that category. If larger signs are permitted for stores in shopping centers, owners of similar stores in other locations also would request more signage. Staff does not recommend adding benefits for larger sites. It was felt comparisons would have little value as signage needs in the City of Safety Harbor differ from those in Clearwater. It was noted the County Commission soon will update the County sign code. It was stated most input related to the sign code has come from the business community, not residents. It was felt recommended changes address weaknesses and balance aesthetics with business needs. It was felt a major overhaul of the sign code is not warranted. In response to a question, Ms. Tarapani said staff will determine the maximum number of freestanding signs on a large site and spacing between signs. Freestanding signs can be no taller than 14 feet. It was recommended related language be clarified. It was noted the Krispy Kreme freestanding sign on Gulf-to-Bay Boulevard does not feature the business’ address, as required by Code. It was recommended enforcement of this issue be more rigorous. It was recommended the issue regarding sandwich signs downtown be addressed. The City Attorney said outside counsel for the Granite State litigation had recommended that issue be removed from this discussion. Following resolution of that case, related design guidelines will be developed. Downtown signage will be addressed though the Downtown plan. It was recommended the sign Code reflect the character of the area, commercial activity, the speed on the abutting road, etc. as signage needs differ for businesses on US 19N than those on Hercules. It was recommended appropriate language be added to proposed changes to protect specimen tree stands to read a. The condition and location of the protected tree, specimen tree stand, or palm with respect to species, tree structure, competition, disease, insect attack, or danger of falling, proximity to existing or proposed structures and interference with utility services. b. Protected trees, specimen tree stands, and palms shall be preserved to the maximum extent possible and reasonable flexibility in the design of permitted uses shall be granted, within the parameters of the zoning district within which the property is located, in order to ensure such preservation. It was felt the changes would disallow removal of a specimen tree stand and require careful review by staff. Discussion ensued. Consensus was to bring this issue forward. In response to a question regarding two items of concern in a letter from the Coalition of Homeowners, the City Manager reviewed staff recommendations to allow portable storage units for 15 days in a residential yard following an emergency and an additional 15 days by request. Ms. Tarapani supported allowing boat storage in residential driveways. She said limiting boat sizes to 20-feet or less makes them similar in size to residents’ vehicles. Support was expressed for allowing portable storage units to remain onsite following an emergency. It was felt this accommodation is reasonable. CLK CITY CLERK Elect a commissioner to serve as Vice-Mayor. In accordance with Article II, Section 2.05 of the City Charter, the Commission shall, at their second meeting in April of each year, elect one of its members as Vice-Mayor. The Vice-Mayor shall act as Mayor-Commissioner during the absence or inability of the Mayor-Commissioner to perform the duties of the office of the Mayor. Former Commissioner Hart served in this capacity. Consensus was to elect Commissioner Gray to serve as Vice-Mayor. Two (2) Enterprise Zone Development Agency Vacant Seat Appointments (one applicant) Consensus was to appoint Isay M. Gulley. CA LEGAL DEPARTMENT Authorize the sale of property known as the Atrium of BSF III-B LLC to the Wilder Corporation and authorize execution of a consent to this sale. On July 14, 1983, the City entered into a Development Agreement with the CRA (Community Redevelopment Agency) and J.K. Financial Corporation concerning the property now known as “The Atrium.” Section 11 of the Development Agreement requires that the property conveyed pursuant to that agreement not be sold without the consent of the City or CRA. The City consented to the Conveyance of the property to BSF III-B, LLC in the Third Amendment to the Development Agreement. On March 25, 2002, BSFIII-B, LLC conveyed the property to Wilder Corporation. Staff recommends that the City consent to, confirm, and ratify the sale of the property to Wilder Corporation. In response to a question, the City Attorney said as the agreement has no termination, the City Commission will have to approve all future sales of the property. As the agreement contains no criteria to withhold consent, the City Commission cannot unreasonably withhold consent. It was recommended staff talk with the new owners regarding public use of the property’s parking garage on weekends and evenings. Commission Discussion Items Cabana Club Status Development Services Director Jeff Kronschnabl reported the Cabana Club Restaurant, at 1590 Gulf Boulevard, is an unsafe structure and is hazardous. The final agreement required the City be provided a performance bond and appraisal by March 14, 2002. The City has received neither. He recommended moving forward with demolition of the building. Assistant City Attorney Leslie Dougall-Sides said after review on the entire file, including the original unsafe building citation, staff is satisfied all procedures had been handled correctly. Staff is awaiting demolition bids. The building must be taken down within 30 days of the award of the bid. The City will place a lien on the property. To release the lien, the property owner will be required to pay for costs associated with violations, including but not limited to demolition expenses, administrative filing costs, etc. If the owner does not take appropriate action, foreclosure proceedings may occur. However, foreclosure of the property would not guarantee compensation to the City, as it would depend on where the City is listed in the foreclosure documents (i.e., financial loan institutions usually are listed first, and on down the line of responsible parties who would be compensated by foreclosure). It was felt this is a black mark on the Belleview Biltmore, owner of this property. Concern was expressed the property owner is using the City to cover the costs of demolition. Staff soon will request funds to raze the structure. Other Commission Action Commissioner Jonson said correspondence related to next year’s budget for the Tampa Bay Estuary Program is included in correspondence from TBE. Commissioner Jonson encouraged Commissioners to attend the Florida League of Cities conference on August 15 – 17, 2002. Adjourn The meeting adjourned at 12:13 p.m.