02/01/2001
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CITY COMMISSION MEETING
CITY OF CLEARWATER
February 1, 2001
Present:
Brian J. Aungst
J. B. Johnson
Robert Clark
Ed Hart
F. David Hemerick
Mayor/Commissioner
Vice-M ayor /Comm issioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Interim City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Commissioner Clark. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards - None.
. ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) Clearwater Regional Chamber of Commerce - Mr. Clearwater
Mike Meidel, Clearwater Regional Chamber of Commerce, presented the Mr. Clearwater
award to David Stone, President of the First National Bank. Mr. Stone said he was proud
to live in Clearwater.
b) Solid Waste Awards
Ralph Simon of SP Newsprint presented Bob Brumback, Director of Solid Waste with
an award in appreciation of the City being a consistent supplier of quality newspapers for
recycling.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
January 18, 2001, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
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ITEM #7 - Citizens to be heard re items not on the Aqenda
Anne Garris expressed the many visions she has for Clearwater.
Early Sorenson requested the Commission direct staff to appoint a registered Florida
engineer to evaluate the safety of left turns on Gulf to Bay Boulevard.
Jack Alvord expressed concern regarding the numerous traffic accidents in the
Bayview area of Gulf to Bay Boulevard.
Paul Marino encouraged the Commission to do what it can to open governmental
proceedings.
PUBLIC HEARINGS
ITEM #8 - Public Hearinq & First Readinq Ord. #6690-01 - Vacating west 1.5' of 7.5' utility
easement lying along east side of Lot 43, College Hill Estates (SchoolerHPW)
This property is addressed at 731 Oberlin Drive. An existing pool encroaches into
the easement. The pool was built prior to the review procedures, which currently exist that
would have prohibited this from occurring. The Community Development Code now
requires a survey. The City has no existing utilities within the easement. Public Works
Administration is recommending approval of this vacation request. Florida Power, Time
Warner, Verizon, and Verizon Media Ventures have no objections to the vacation request.
Commissioner Johnson moved to approve the applicants' request to vacate the
west 1.5 feet of the 7.5 foot utility easement lying along the east side of Lot 43, College
Hill Estates. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6690-01for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6690-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #9 - Public Hearinq & First Readinq Ord. #6691-01 - Vacating east 5' of 10' utility
easement lying along west side of Lot 52, College Park Unit Two (WeinzetIHPW)
The property is addressed as 1864 Stetson Drive. An existing pool encroaches into
the easement. The pool was built prior to the review procedures which currently exist that
would have prohibited this from occurring. The Community Development Code now
requires a survey. The City has no existing utilities within the easement. Public Works
Administration is recommending approval of this vacation request. Florida Power, Time
Warner, Verizon, and Verizon Media Ventures have no objections to the vacation request.
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Commissioner Clark moved to approve the applicants' request to vacate the east
5.0 feet of the 10.0 foot utility easement lying along the west side of Lot 52, College Park
Unit Two.
The City Attorney presented Ordinance #6691-01for first reading and read it by title
only. Commissioner Hart moved to pass Ordinance #6691-01 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
Public Hearing - Second Reading Ordinances
ITEM #10- Ord. #6638-01 - Relating to Security Alarm Systems; amending Sec. 5.46 to
increase service charge for False Alarms, to clarify procedures for reinstating a revoked
permit, and to modify exception for newly installed systems; amending Sec. 5.61 to
change the title, to require an alarm user that purchases a business or residence having an
existing alarm system to obtain a new permit, and to make a violation of the section a
Class IV offense
The City Attorney presented Ordinance #6638-01 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6638-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
ITEM #11 - Ord. #6642-01 - Annexation (& redefining boundary lines of City to include said
addition), 2217 S. Lagoon Circle, Clearwater Manor, Lot 162 (John & Cathie Shaw)
The City Attorney presented Ordinance #6642-01 for second reading and read it by
title only. Commissioner Hemerick moved to pass and adopt Ordinance #6642-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
ITEM #12 - Ord. #6643-01 - Land Use Plan Amendment to Residential Low, 2217 S.
Lagoon Circle, Clearwater Manor, Lot 162 (John & Cathie Shaw)
The City Attorney presented Ordinance #6643-01 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6643-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
ITEM #13 - Ord. #6644-01 - LMDR Zoning, 2217 S. Lagoon Circle, Clearwater Manor, Lot
162 (John & Cathie Shaw)
The City Attorney presented Ordinance #6644-01 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6644-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
ITEM #14 - Ord. #6677-01 - Amending Sec. 2.481 of Code and Sec. 1.6 of Money
Purchase Pension Plan Document to include severance pay in the definition of
compensation under the Plan
The City Attorney presented Ordinance #6677-01 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6677-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
ITEM #15 - Ord. #6678-01 - Amending Development Order for Park Place Development of
Regional Impact (DR!) for property located between Gulf to Bay Blvd. north to Drew St. and
extending from US19 Frontage Road to Hampton Road located in Sec. 17-29-16 (Park
Place Land, Ltd.)
The City Attorney presented Ordinance #6678-01 for second reading and read it by
title only. Commissioner Hemerick moved to pass and adopt Ordinance #6678-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
ITEM #16 - Ord. #6679-01 - Relating to Special Events; amending various Sections in Ch.
22, as recommended by City's Special Events Committee
The City Attorney presented Ordinance #6679-01 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6679-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
ITEM #17 - Ord. #6687-01 - Relating to Telecommunications Franchises; amending Art. II,
Sec. 32.032, eliminating authority of City to grant a franchise to a telecommunications
company
The City Attorney presented Ordinance #6687-01 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6687-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
ITEM #18 - Ord. #6693-01 - Relating to use of privately owned vehicles for official city
business; amending Sec. 2.328 to set reimbursement rate for same in accordance with
Internal Revenue Service Standards
The City Attorney presented Ordinance #6693-01 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6693-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hemerick, and Aungst
"Nays":
Hart.
Motion carried.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #19-28) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda to allow discussion and voting on the item individually.
ITEM #19 - Approval of Purchases per Purchasinq Memorandum:
1) Elite Designs, signage, 2/2/01-1/31/02, est. $83,000 (PR)
2) Maroone Chevrolet, LLC, four 2001 Chevrolet Silverado 2500 % ton pickup trucks,
replacements, $95,956; financing ($92,661) to be provided under City's Master Lease-
Purchase Agreement (GS)
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3) Sheehan Pontiac-GMC Inc., one 2001 GMC Savana 2500 cargo van, replacement,
$18,985; financing to be provided under City's Master lease-Purchase Agreement (GS)
4) HR Management Partners Inc., SAMP classification study to be completed no later than
1 2/31/01 & evaluation software, $47,500 (HR)
5) Superior Auto Centers, Inc., tire service, 2/5/01-1/31/03, est. $400,000 (GS)
6) Garver Chevrolet, two 2001 Chevrolet Tahoe 4x2 utility vehicles, $53,600; financing to
be provided under City's Master lease-Purchase Agreement (GS)
7) American Rubber Tech., Inc., playground cover including concrete & safetyplay
installation, $31,299.82 (SW)
ITEM #20 - Clearwater Firefiqhters Supplemental Trust Fund Trustees - reappoint Fire Chief
Rowland Herald for 2 year term (FD)
ITEM #21 - Gas Material Polvethvlene Pipe & FittinQs, 2/1/01-2/28/02, M.T. Deason
Company Inc., for Lines 1-65 & 76-100, est. $210,000, Perfection Corporation, for Lines
66-75, est. $34,000, for total est. $244,000 (SBS)
ITEM #22 - Aqreement with FDEP for $242,000 funding for Cliff Stephens Park
Stormwater Retrofitting Project (PW)
ITEM #23 - Aqreement with Tampa Bay Estuary Proqram for $37,500 funding for Cliff
Stephens Park Stormwater Retrofitting Project (PW)
ITEM #24 - Work Order to Post, Buckley, Schuh & Jerniqan, Inc., traffic engineering
services related to implementation of Beach by Design on south Clearwater Beach,
$45,000 (PW)
ITEM #25 - Amendment to purchase aqreement with WAGI, a division of Wagenvoord
Advertising Group, Inc., re Memorial Causeway Bridge Replacement r-o-w parcel 101
located in Sec. 16-29-15, extending closing to on or before 2/16/01 & increasing purchase
price from $500,000 to $525,000 (PW)
ITEM #26 - Work Order to Tampa Bay Enqineerinq, Inc., provide Annual Infrastructure
Status Report Update for Fiscal Year 2001, $37,500 (PW)
ITEM #27 - Appoint Commissioner Hemerick to represent Commission as Canvassinq Board
for 3/13/01 Election (ClK)
ITEM #28 - Request authorization to file small claims lawsuit in 2 cases re City v. David
Nelson Construction Co., Inc. (CA)
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. Commissioner Hart moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #29 - Res. #01-03 - authorizing subordination of 4,282 sq. ft. of existing easement
along west side of US19/SR55, south of NE Coachman Road, to FDOT; approve
subordination agreement with FDOT (PW)
The Florida Department of Transportation (FDOT) has requested a subordination of
utility interest from the City of 4,282 square feet on an existing easement along US19/SR
55, just south of NE Coachman Road. The FDOT requests the City adopt a resolution to
initiate the agreement process. The parcel of interest (806.04) will be used to facilitate
transportation improvements along US19 as part of the NE Coachman Road to Sunset
Point Road overpass project, and is in the best interest of the City.
The project is scheduled to start in November 2002. The City has water facilities
within this easement. The City will have the right to use this land for its facilities providing
they are in accordance with FDOT's current minimum standards as outlined in the Utility
Accommodation Manual.
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Commissioner Johnson moved to authorize the subordination of 4,282 square feet
of an existing easement along the west side of US19/SR 5, just south of NE Coachman
Road, to the FDOT and approve a subordination agreement with FDOT, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #01-03 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #01-03. The motion was duly
seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #30 - Res. #01-04 - authorizing subordination of 14,588 sq. ft. of existing easement
along east side of US19/SR55, south of NE Coachman Road/SR590, to FDOT; approve
subordination agreement with FDOT (PW)
The FDOT has requested a subordination of utility interest from the City of 14,588
square feet of an existing easement along US19/SR 55, just south of NE Coachman
Road/SR 590. The FDOT requests the City adopt a resolution to initiate the agreement
process. The parcel of interest (805.03) will be used to facilitate transportation
improvements along US 19 as part of the NE Coachman Road to Sunset Point Road
overpass project, and is in the best interests of the City.
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. The project is scheduled to start in November 2002. The City has sanitary sewer
and water facilities within this easement. The City will have the right to use this land for
its facilities providing they are in accordance with FDOT's current minimum standards as
outlined in the Utility Accommodation Manual.
Commissioner Johnson moved to authorize subordination of 14, 588 square feet of
an existing easement along the east side of US19/SR 55, just south of NE Coachman
Road/SR 590, to the FDOT, and approve a subordination agreement with FDOT, and the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #01-04 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #01-04. The motion was duly
seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #31 - First Readinq Ord. #6689-01 - approving Beach by Design (PLD)
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Planning Director Ralph Stone said the Beach by Design document is a preliminary
design for Clearwater beach that includes design guidelines prepared by the City's
consultant Siemon and Larsen. The document was presented to the City in September
2000. The proposed plan for the beach sets forth strategies for revitalization of Clearwater
beach, including 6 components addressing land use, mobility, off-street parking, catalytic
projects, economic feasibility and financing, and design guidelines. After conducting
numerous public workshops to solicit input from residents and property owners, staff has
refined some aspects of the plan. Beach by Design meets the requirements of a special
area plan pursuant to the Pine lias Planning Council (PPC) Countywide Rules for the area of
Clearwater beach governed by the plan. Beach by Design is consistent with many
objectives and policies of the Clearwater Comprehensive Plan.
Mr. Stone said absent consolidation of property along East Shore and the dedication
of a public boardwalk there, Beach by Design would be limited to current allowances under
the Land Development Code. He said the Commission had already approved the cross
section of Mandalay Avenue to be 2 lanes in each direction, a small median, parking on the
east side, and improved streetscaping treatments. The plan includes optional costs if the
City decided to make Harnden into 3 lanes; language to clarify the development potential of
the Yacht Basin site; and attempts to gain enough right-of-way on either side of Coronado
to expand it to 4 lanes as development occurs.
Six persons spoke regarding the Beach by Design document; two in support, one
questioning the timing, and three expressing various concerns.
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In response to a question, Charlie Siemon, Siemon and Larsen, explained the
purpose of a Community Development District. He said part of the Pinellas Countywide
Planning rule recognizes there are areas in the County that need redeveloping and should be
eligible for special rules for a variety of matters including intensity of use. That provision is
recommended in Beach by Design so that the City could take advantage of it to provide a
catalyst for the beach for a limited increase in the number of hotel units for a limited period
of time. In response to a question, he said the Community Development District is not a
taxing district. He said the Mandalay streetscaping project has been incorporated as part
of Beach by Design. Concern was expressed that the City needs to be careful about
vacating properties.
In response to a question, Mr. Stone said Beach by Design addresses the issue of
general commercial truck traffic. He said staff recognizes that during construction projects,
increased commercial truck traffic is a temporary circumstance. Staff will address
relocation of commercial truck parking on South Gulfview. In response to a question, Mr.
Stone said staff would address the possibility of prohibiting truck traffic during specific
hours. He said Beach by Design has been refined to create a tiered system in the event
there is no consolidation of properties. If the boardwalk is not constructed, development
would be restricted to a mid-rise development of approximately 50 feet high. He said the
aerial photo provided would be moved to coincide with the respective language regarding
the potential right-of-way abandonment of Hamden. Concern was expressed that as this
section regarding right-of-way abandonment is included in the document, the public would
mistakenly interpret it to mean the action would occur. Mr. Siemon encouraged staff to
leave that section in the document, as the text provides for the possibility of a parking
garage and a portion of Hamden to be vacated, but stipulates that a traffic study is
mandatory first. Mr. Siemon said traffic studies would be completed before vacations
occur. He said the document recommends making the hotel unit pool available for the
Yacht Basin Apartments.
In response to a question, Mr. Stone said the philosophy of removing parking from
South Gulfview Boulevard attempts to change the character of that portion of the beach,
as it is underdeveloped and underutilized. Currently, the character of the area is vehicle-
oriented. Moving South Gulfview parking creates a different atmosphere and benefits
property owners. He said the City must consider the benefits of retaining the revenue from
the current parking spaces on the beach, versus approving a private project that provides
for parking spaces in a nearby parking garage. Staff does not feel the current parking
revenues generated would stabilize or improve the tax base or create interest in visiting
businesses at the beach. In response to a question, Mr. Siemon said if there were no
proposed development projects, the City would have no identifiable source of funds to
deliver the South Gulfview and beachwalk improvements within 5 years. He said because
the beachwalk takes asphalt off the beach, it improves current conditions. It was remarked
that the City is cautiously optimistic that funds may be available from other sources to
prevent an increase in taxes.
In response to a question, Mr. Stone said Beach by Design specifically defines the
permitted locations for high-rise buildings. The Yacht Basin was an added option. The
remainder of the beach is to retain its current character. He said resort units do not have
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the same impact as residential units in terms of trips. Mr. Siemon said one of the
performance stands in Beach by Design is the mandatory evacuation of hotel patrons and
closure of hotels in the event of a hurricane watch. That regulation would address State,
County, and municipal evacuation concerns. He said Beach by Design would not be
affected by the CCCl (Coastal Construction Control Line). The CCCl could affect the
location of resorts. Concern was expressed from Yacht Basin Apartment residents
regarding receiving adequate public notice for public meetings. It was requested staff
invite the Mack Development team to speak with Yacht Basin residents.
Commissioner Johnson moved to approve the Beach by Design guidelines. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6689-0Hor first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6689-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #32 - Community Development Board - 2 appointments (elK)
Commissioner Johnson moved to appoint Ed Hooper. The motion was duly
seconded and carried unanimously.
Commissioner Clark moved to reappoint Shirley Moran. The motion was duly
seconded and carried unanimously.
ITEM #33 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #34 - Other City Attorney Items
a) Status report re Kimpton Development Agreement
Mr. Siemon said the major issues being discussed relate to funding of beachwalk
and South Gulfview improvements. They expressed concern that the city would build a
parking garage that could undermine their parking garage revenues. language is being
developed to provide the Kimpton Development team a comfort level assuring them the
City would not build a parking garage until there is sufficient demand for one. Discussions
also include how to ensure the public spaces being made available are priced fairly. Staff
has requested that Kimpton provide the City with additional right-of-way on Coronado to
facilitate its widening. Discussions are ongoing.
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ITEM #35 - City Manaqer Verbal Reports
Interim City Manager Bill Horne said questions and concerns regarding Beach by
Design would be addressed. He reminded everyone that the February 15, 2001, and
March 1, 2001, Commission meetings are the last to be held prior to the March election for
3 Commission seats.
ITEM #36 - Commission Discussion Items
a) Economic Development Position
Mr. Horne said he is aware of the Commission's position regarding the Economic
Development position. The previous job opening advertisement has been pulled and will be
resubmitted. To date, approximately 50 resumes for the position have been received.
Two persons spoke in favor of the Economic Development position remaining at the
Assistant City Manager level.
It was felt the Economic Development position should remain at the Assistant City
Manager level position. It was remarked that it is not the responsibility of the Commission
to tell the City Manager how to hire personnel.
ITEM #37 - Other Commission Action
Mayor Aungst thanked Kevin Dunbar, the Parks and Recreation staff, and David
Haliburton for Super Bowl events; and everyone involved in the Jazz Holiday, Charlie
Daniels concert, International Media for the Sand Key sand sculptures, and the County's
tourist and Development Board. He attended the CGS' (Clearwater Gas System's)
Excellence Awards Luncheon and thanked CGS employees for their company loyalty. He
encouraged everyone to participate in the American Cancer Society's Relay for Life, the
February 4, 2001, kick-off at Countryside Library to open on Sundays, and the fund-raiser
for the CHIP program at the Sheraton Sand Key. He reminded everyone of the March 13,
2001, election and encouraged everyone to meet and get to know the candidates.
Commissioner Hart thanked the reclaimed water staff that helped him with a
problem regarding the installation on his property. He congratulated his son Charlie and his
team for winning their championship game.
ITEM #38 - Adiournment
The meeting adjourned at 7:52 p.m.
4v1~Sioner
r,~) L
ATTEST: . J . j;;,~o_c______
City Clerk
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