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10/04/2001 . CITY COMMISSION MEETING CITY OF CLEARWATER October 4, 2001 Present: Brian J. Aungst Ed Hart Whitney Gray Hoyt P. Hamilton William C. Jonson Mayor/Commissioner Vice-Mayor /Commissioner 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. Commissioner Hamilton offered the invocation. 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 - Introductions and Awards a) Award: Florida Natural Gas Association, 2001 FNGA Marketer of Year Clearwater Gas Managing Director Chuck Warrington reported Jim McCulley, Clearwater Gas System, had been presented with the 2001 Florida Natural Gas Association Marketer of Year award. b) Proclamations: Public Natural Gas Week - October 7 - 13, 2001 Fire Prevention Week - October 7 - 13, 2001 . Clearwater Jazz Holiday, 22nd Anniversary & October Jazz Month ITEM #4 - Presentations a) Library and PST A Partnership . Librarian Jan Nickols indicated all City library branches are located on PST A (Pinellas Suncoast Transit Authority) routes. PSTA is displaying a poster, designed by the Library Youth Team volunteers to encourage library use, on 20 buses and reported on the project in the PST A newsletter. The value of this advertising is mcc10a01 1 1 0/04/01 . estimated at $7,000. Librarian Jana Fine introduced members of the Youth Team. She invited residents to attend an Area 51 presentation at the East Library on October 13 and 14, 2001. ITEM #5 - Approval of Minutes Commissioner Gray moved to approve the minutes of the regular meeting of September 20, 2001, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #6 - Citizens to be heard re items not on the Agenda John Doran complimented staff for clearing up debris from a fallen palm tree before the recent tropical storm had abated. Socrates Charoc invited residents to attend the 10 1-hour Jazz Marathon at the Royalty Theater, as part of the Jazz Festival, beginning November 15, 2001, at 7:00 p.m. He requested City support of the Royalty Theater and artists. . Anne Garris reported the deadline for the CBA (Clearwater Beach Association) competition for the roundabout is October 23, 2001. Design criteria is available on the web at www.att.net/-cwgn4/centerpiece.htm. Jim Carino and George Krause expressed concern the City is not addressing the firefighter shortage. PUBLIC HEARINGS ITEM #7 - Public Hearing & First Reading Ord. #6858-01 - Vacating the 10-foot drainage and utility easements within Block 1 and Block 6 of Pine Crest Subdivision, 900 North Greenwood Avenue as described in Exhibit" A" of the proposed ordinance (City of Clearwater, V2001-18) (PW) The City is redeveloping the subject property with the Northwest Recreation and Aquatics Center. The City has no utilities in the subject easements. Public Works Administration has no objections to the vacation request. Florida Power, Time Warner, and Verizon Media Ventures, Inc. have no objections to the vacation request. Verizon of Florida has no objections provided the City pays for the removal of one telephone pole from the site. . Commissioner Hamilton moved to approve the applicant's request to vacate the 10-foot drainage and utility easements within Block 1 and Block 6 of Pine Crest Subdivision, 900 North Greenwood Avenue as described in Exhibit "A" of the proposed ordinance. The motion was duly seconded and carried unanimously. mcc10a01 2 10/04/01 . The City Attorney presented Ordinance #6858-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6858-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #8 - Public Hearing & First Reading Ord. #6859-01 - Vacating the 20-foot utility easement lying 200 feet south of the north right-of-way line of Ruth Eckerd Hall Drive, M&B 24-04, Section 9-29-16 E., 1111 McMullen Booth Road North as described in Exhibit" A" of the proposed ordinance (City of Clearwater, V2001-19) (PW) The applicant proposes to vacate the 20-foot utility easement to expand the Performing Arts Center building. The City has no utilities in the subject easements. Pubic Works Administration has no objections to the vacation request. Florida Power, Time Warner, and Verizon Media Ventures, Inc. have no objection to the vacation request. Verizon of Florida has no objections provided that an easement is dedicated over facilities that are being relocated. . Commissioner Gray moved to vacate the 20-foot utility easement lying 200 feet south of the north right-of-way line of Ruth Eckerd Hall Drive, located in Metes and Bounds parcel 24-04, Section 9, Township 29 S., Range 16 E., (A.K.A. 1111 McMullen Booth Road North) as more particularly described in Exhibit" A" of the proposed ordinance. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6859-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6859-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #9 - Ord. #6836-01 - Annexation (& redefining boundary lines of City to include said addition), 3011 Virginia Ave., Bay View City Sub., Blk. 1, N. 47' of Lots 5 & 6 (Taylor G. Bingham III, ANX 01-06-12) The City Attorney presented Ordinance #6836-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance . mcc10a01 3 10/04/01 . #6836-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #10 Ord. #6837-01 - Land Use Plan Amendment to Residential Urban, 3011 Virginia Ave., Bay View City Sub., Blk 1, N 47' of Lots 5 & 6 (Taylor G. Bingham III, ANX 01-06-12) The City Attorney presented Ordinance #6837-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6837-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. . ITEM #11 Ord. #6838-01 - LMDR Zoning, 3011 Virginia Ave., Bay View City Sub., Blk 1, N 47' of Lots 5 & 6 (Taylor G. Bingham III, ANX 01-06-12) 12 Ord. #6844-01 - Amending the operating budget for FY ending Sep. 30, 2001 The City Attorney presented Ordinance #6838-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6838-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #12 Ord. #6844-01 - Amending the operating budget for FY ending Sep. 30, 2001. The City Attorney presented Ordinance #6844-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6844-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: . mcc10a01 4 10/04/01 . "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #13 Ord. #6845-01 - Amending the capital improvement budget for the FY ending Sep. 30, 2001 The City Attorney presented Ordinance #6845-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6845-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #14 Ord. #6853-01 - Creating new Section 32.042 of Chapter 32, Clearwater Code of Ordinances; providing for registration of Communications Services Providers . The City Attorney presented Ordinance #6853-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6853-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #15- Ord. #6856-01 - Amend Clearwater Code of Ordinances, Appendix A, Article XIX, Streets, Sidewalks, Other Public Places, modifying fees charged for right-of-way permits The City Attorney presented Ordinance #6856-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6856-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #16 - Ord. #6876-01 - Providing for refunding of outstanding Public Service Tax and Bridge Bonds, Series 1985, and the 1995 Improvement Revenue . mcc10a01 5 10/04/01 . Bonds, Series 1995; and approve William R. Hough & Co. as the senior underwriter on the bonds and Solomon Smith Barney as the co-underwriter The City Attorney presented Ordinance #6876-01 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6876-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-24) - Approved as submitted. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. ITEM #17 - Approval of Purchases per Purchasing Memorandum: . 1) Bobcat Company, lease purchase 2001 Bobcat 864 rubber tracked loader with attachments, $31.640 (GSS/Fleet) ITEM #18 - Ratify and confirm increase to contract with L&S Custom Coaches, Hudson, Florida, from $24,998.00 to $27,998.00 and to approve the requested $3,000 increase from the Police Department's FY 2000/2001 operating budget (PO) ITEM #19 - Contract with All American Concrete, Inc. of Largo, Florida in the amount of $198,939.01 for Jack Russell Stadium Infrastructure Repairs, and authorize additional funding of $40,000, to be provided by a first quarter budget amendment from the unappropriated retained earnings of the General Fund (PR) ITEM #20 - Ratify and confirm City Manager's approval of Second Amendment of Concession Management Agreement with Global Spectrum & Boston Concession Group, Inc. (PR) ITEM #21 - Contract with McKim & Creed, P.A., Clearwater, Florida, in the amount of $198,000. for design, programming, and construction inspection services for the Water Pollution Control (WPC) Supervisory Control and Data Acquisition (SCADA) System Improvements (PW) . mcc10a01 6 10/04/01 . ITEM #22 - Authorize, after the fact, civil action against Florida Power for damages to gas facilities in the area of Walsingham Road, east of Indian Rocks Beach ITEM #23 - Approve Commissioner Jonson's attendance at Florida League of Cities Legislative Conference November 15-16, 2001 ITEM #24 - Approve revised design of new Main Library (LIB) Commissioner Jonson moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #25 - Res. #01-36 - providing for the sale of not to exceed $12 million Improvement Revenue Refunding Bonds, Series 2001 (FN) . Improvement Revenue Refunding Bonds, Series 2001, in an amount not to exceed $12-million, will be used to refinance the outstanding portion of the Series 1985 Public Service Tax and Bridge Revenue Bonds and the outstanding portion of the Series 1995 Improvement Revenue Bonds at a present value savings of approximately 4% of the outstanding par value of the bonds. The bonds will not be refunded if adequate savings and other requirements are not to be realized. The 1985 bonds were issued in an amount of $7,155,000. Since then, all but $41 5,000 has been retired. The interest rate on these bonds is 9.1 25 %. The 1995 bonds were originally issued in an amount of $10,720,000. Since that time, $950,000 has been retired, leaving an outstanding balance of $9,770,000. The interest rate on these bonds ranges from 5.1 % - 6%. Due to current market conditions, the 1985 and 1995 bonds can be refunded at a present value savings of approximately $400,000. The firm of William R. Hough & Co. was selected to be senior managing underwriter due to work previously performed on this refunding. The firm of Salomon Smith Barney has been selected as co-manager since they were the low bidder on the City's last competitively bid bonds. The 2001 bonds will be sold through negotiated public sale. This resolution authorizes the City Manager and Finance Director to award the sale of the bonds and to determine if it is in the best interest of the City to purchase a debt service surety bond or to fund a debt service reserve. . Commissioner Hamilton moved to provide for the sale of not to exceed $12- million Improvement Revenue Refunding Bonds, Series 2001, and that the mcc10a01 7 10/04/01 . appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-36 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #01-36 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #26 - First Reading Ord. #6905-01 - to allow traffic reporting aircraft an earlier takeoff time at Clearwater Airpark (MR) To amend Section 4.23 will allow traffic reporting aircraft only to takeoff as early as 6:00 a.m. from the Clearwater Airpark. This is an addition to the established curfew time for all other aircraft, which is 7:00 a.m. This change is necessary to continue fiscal viability and operation of the Clearwater Airpark for the FBO (Fixed Based Operator), due to the closing of the Suncoast Flying Services business based at the Airpark. . Marine & Aviation Director Bill Morris reported FAA rulings since the terrorist attacks have shut down the Airpark's flight school and halted most aviation uses, which impact on fuel and maintenance sales. The proposed use will operate a maximum of three aircraft, and will start with one. More than 130 letters were hand-delivered to neighbors north and south of the runway. Seven residents signed a petition opposing this change. Four telephone callers were concerned this change would establish a precedent. The ordinance only allows traffic reporting airplanes to takeoff before 7:00 a.m. The highly experienced pilots will fly Cessnas, which are quiet. No noise issues are anticipated. The Airport Authority unanimously recommended approval. One board member, who resides in Clearview Lake Estates, north of the Airpark, was involved in the discussion. Various protections are in place to avoid problems. In response to a question, Mr. Morris said the Airport Authority will review any future applications. Concern was expressed the change not encourage off hour flights. In response to a suggestion, Mr. Morris said the Airpark will attract corporate business once the hangars are constructed. It was recommended the new business be shut down if it becomes a nuisance. The City Manager will review the issue in six months. If problems occur, the ordinance can be rescinded. Commissioner Hamilton moved to amend Chapter 4, Section 4.23 of the Code of Ordinances paragraph (2) to allow traffic reporting aircraft an earlier takeoff time from the Airpark. The motion was duly seconded and carried unanimously. . mcc10a01 8 10/04/01 . The City Attorney presented Ordinance #6905-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6905-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #27 - Authorize initiating the renaming process, changing North and South Greenwood Avenue to Martin Luther King, Jr. Avenue (PW) The Clearwater/Upper Pinellas County Branch of the NAACP has requested the City to rename a prominent cross-town street after Martin Luther King Jr. Streets suggested included North and South Greenwood Avenue, and Drew Street. Staff determined the change would impact 526 businesses and residences on Drew Street or 284 on North and South Greenwood Avenue. . Staff recommends renaming Greenwood Avenue between Harbor Drive and Belleair Road, on the south. The name change would be implemented over two- years to minimize impacts to businesses and residences. Due to the City street addressing system, it will be necessary to maintain the North and South designations. To prevent two streets from having the same name, staff also recommends renaming the current Martin Luther King Jr. Avenue its original name, Douglas Avenue. The estimated cost to install new street signs is $5,000. If authorized to proceed, staff will bring a resolution to the City Commission for approval to implement the name change. City Engineer Mike Quillen said staff also had considered renaming Missouri and Myrtle, but both roads are subject to State road designation. A survey of south Greenwood residents indicated a 50:50 split on the change. No South Greenwood businesses approved the change. Three residents supported the change. Opposition was expressed to limiting the name change to North Greenwood Avenue. Discussion ensued. It was noted some residents felt Greenwood is a historic name and should not be changed. Another had recommended a military hero be honored. It was felt the recommendation is appropriate for a street that traverses diverse neighborhoods. Commissioner Gray moved to authorize staff to initiate the process to rename North and South Greenwood Avenue to Martin Luther King Jr. Avenue. The motion was duly seconded and carried unanimously. . mcc10a01 9 10/04/01 . ITEM #28 - Authorize the negotiation of a health insurance contract upon terms as contained in the United HealthCare response to RFP 51-01, with a 19% increase under a fully insured funding arrangement for the contract period 01/01/02 - 12/31/02, for a total estimated annual cost not to exceed $9,741,404; renew the mental health/substance abuse and EAP coverage contract to Bradman/Unipsych at an estimated cost of $159,820 for the contract period 01/01/02 - 12/31/02; and continue the current funding strategy for HMO Standard Plan at 100% for "Employee Only", 72% for "Employee Plus One", and 62 % for" Employee Plus Family", with the same dollar amounts contributed to the other three plans (HMO Buy-Up, POS Standard, and POS Buy-Up) (HR) The contract with the City's current medical insurance provider, United HealthCare, expires on December 31, 2001. In June 2001, the Benefits Committee, headed by the Human Resources Department, distributed a RFP (Request for Proposal) for medical insurance coverage. Respondents were: 1) United HealthCare; 2) Cigna; 3) Humana; and 4) Blue Cross Blue Shield. Humana withdrew its response prior to the interview process. . The Benefits Committee evaluated the RFPs based on criteria: 1) benefits offered; 2) cost; 3) medical network disruption; 4) customer service; and 5) quality. The Committee also interviewed the respondents. Based on the ratings and interviews, staff and the Benefits Committee recommend awarding United HealthCare a one-year contract to provide medical insurance coverage for the calendar year, for January - December 2002. Additionally, staff recommends Bradman/Unipsych be awarded a one-year contract to continue EAP and mental health/substance abuse coverage for City employees and their covered dependents for January - December 2002. The current agreement with Bradman went into effect January 1, 2001 and guarantees the same rates and services for three years. This renewal would be the second year of the guarantee. For FY (fiscal year) 2002, the City has budgeted $6,414,400 for the City's share of medical insurance coverage and EAP/Mental Health/Substance Abuse coverage. The City's estimated share of these expenses for FY 2002, which covers three months of the current contract and nine months of this proposed contract, is $6,665,286. The difference between budgeted and actual costs, estimated to be $250,886, will be paid from the Premium Stabilization Fund. Costs related to this contract for coverage from October - December 2002, estimated at $1,731,293, will be budgeted as part of the FY 2003 budget. Staff also recommends maintaining the current funding strategy for City contributions to health care (HMO Standard at 100% for "Employee Only," 72% for "Employee plus One," and 62 % for "Employee plus Family," and the same dollar amounts applied to tiers in the HMO Buy-Up, POS Standard, and POS Buy-Up . mcc10a01 10 10/04/01 . plans). Staff based this recommendation on the evaluation of seven area benchmark agencies, which indicates the current strategy would place the City second out of eight for employer dollars contributed in the tiers ("Employee Only," "Employee plus One," and "Employee plus Family"). The City Manager said following staff complaints three years ago, the City had hired a consultant to help choose a health insurance provider that will meet staff needs. Paul O'Rourke, Human Resources Director, reviewed trends in Health Insurance and the basis for the recommendation to award the contract to United Health Care. One person spoke in opposition of not awarding to the low bidder. Three people spoke in support of retaining United Healthcare. In response to a question, Human Resources Administrator Paul O'Rourke said changing from United Healthcare to Cigna would require 43% of employees to change their primary physicians. He said unions, which represent 80% of staff, overwhelmingly support United Healthcare. Of the $1. 7-million increase, staff will cover $600,000. It was noted the Cigna contract represents a $1-million savings, however, the City must be cognizant attracting bids from a limited number of providers may be difficult in the future. . In response to a question, Curt Gehring, of the Gehring Group, stated the anticipated 50% increase in next year's Cigna rate is based on components such as the maturation of claims, inflation, and costs associate with the patient bill of rights. It is anticipated next year Cigna's rate will increase significantly next year and be higher than United Healthcare but provide a less valuable product that requires primary physicians to act as gatekeepers to specialist care. It is anticipated over two years, the rate charged the City by both providers will be comparable. He said estimated rates will increase 18 % annually. He expressed concern an underwriting error of 20% will affect future Cigna rates. In response to a question, Mr. Gehring said a three-year window should be considered when purchasing insurance. Utilization of medical services has increased. It was felt the disruption of providers is a major factor. It was recommended the City support United Healthcare, a local firm. In response to a question, Mr. O'Rourke said Cigna and United Healthcare had declined to participate in a program providing staff with a choice of providers. The City sponsors an annual health fair, which provides wellness screenings. He noted the City had changed insurance carriers two years ago. Discussion ensued regarding the rate discrepancy. Mr. O'Rourke said the additional costs will be funded by the Insurance Stabilization fund. It was noted the Benefits Committee considered all aspects of the proposed plans, not just the cost. It was noted an employee had died due to undiagnosed medical complications after . mcc10a01 11 1 0/04/01 . a gatekeeper had failed to provide access to a specialist. In response to a question, Mr. Gehring said to address rising medical care costs, some employers have begun to offer a menu of benefits from which staff may choose. He expressed concern benefits continue to cover preexisting conditions. Commissioner Jonson moved to authorize the negotiation of a contract for health insurance upon terms as contained in the response to RFP 51-01 with United HealthCare with a 19% increase under a fully insured funding arrangement for the contract period of January 1, 2002 to December 31, 2002, at a total estimated annual cost not to exceed $9,741,404 [this includes both City ($6,765,355) and employee/retiree/COBRA/Out-of-Area ($2,976,049) premiums], and renew the mental health/substance abuse and EAP coverage contract to Bradman/Unipsych at an estimated cost of $159,820 for the contract period of January 1, 2002 to December 31, 2002, and continue the current funding strategy for HMO Standard Plan at 100% for IIEmployee Only,1I 72% for IIEmployee plus One,1I and 62% for IIEmployee plus Family,1I with the same dollar amounts contributed to the other three plans (HMO Buy-Up, pas Standard, and pas Buy-Up) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Commission recessed from 8: 19 to 8:32 p.m. . ITEM #29 - Markopoulos Lawsuit Settlement AQreement lED) Since Tony Markopoulos, owner of the Days Inn and other properties, filed lawsuits against the City and Clearwater Seashell Resort, L.C., the parties have held discussions in an attempt to resolve the pending litigation. The parties have reached agreement regarding the terms of a settlement agreement that will terminate the litigation, subject to approval by the City Commission. Major points of the settlement agreement state the Markopoulos development (hereinafter referred to as the "development") include: 1) a maximum of 465 resort hotel units and a minimum of 250 resort hotel units with other allowable uses such as residential, retail and other uses in the Tourist District subject to the approved Development Agreement; 2) no more than 250 units from the resort hotel bonus unit pool; 3) parking spaces as required by Code plus an additional 1 50 spaces; 4) an elevated pedestrian bridge across Coronado and an elevated bridge across realigned Gulfview; 5) exhibits indicating the development's conceptual site plan and architectural treatment; and 6) east side of project shall feature a two-level retail facade which will "wrap" the parking structure. Other major point of the settlement agreement: 1) City to initiate an amendment to appropriate local and regional plans to request an increase in the DRI (Development of Regional Impact) threshold to 750 hotel units as defined in State statutes; 2) Beach Walk and S. Gulfview improvements to be implemented . mcc10a01 12 10/04/01 . consistent with conceptual diagram with two-lane, one-way section of S. Gulfview between the Pier 60 parking lot and the development's south property line; 3) First Street and S. Gulfview to be vacated and Markopoulos will dedicate a "new street" between the development and Seashell project of no less than 80 feet in width; 4) Markopoulos to dedicate 18 feet from the east side of the development to add to Coronado right of way; 5) development to pay all costs of Beach Walk and S. Gulfview improvements along development's west and north boundary with same reimbursement of costs as the Seashell project regarding construction of Beach Walk and S. Gulfview beyond development's bounds; 6) Markopoulos to submit all required site plan and development agreement applications required for development approval; 7) City to be provided opportunity to pursue alternative parking garage options, which may lead to a reduction in the Markopoulos and Seashell parking structures. (This item remains in dispute. Markopoulos has not agreed to this provision.); and 8) agreement expires if development does not commence construction by February 15, 2005. Assistant City Manager Ralph Stone distributed modifications to the related illustration, showing Gulfview will be one-way with two lanes and removing suggested striping of the Pier 60 parking lot. The project must provide one parking space per unit. The developer wishes to add 150 parking spaces for public use. The City's requirement for additional spaces could be modified if the City has the ability to construct the spaces elsewhere. . Charlie Siemon, of Siemon and Larson, reviewed the project's footprint. Two 100-foot towers are proposed on the east and west sides of Coronado. The 120-foot tower on the site's northwest corner could be 150 feet tall. The pool deck will be on 40-foot high promenade level. He said the 100-foot separation between the towers will be 70 feet high. The major parking garage will be 90 feet high. He said cutouts and inserts plus retail at street level are designed to mitigate the structure's mass. The agreement requires the developer to present drawings in the architectural style presented and the relocation of Gulfview. Mr. Siemon said the developer is unwilling to accept the provision that may remove two decks of the garage. Mr. Markopoulos objects to the uncertainty related to the issue and requested a one-year time limit be a condition of this point. In response to a question, the City Attorney said the developer is required to make every effort to accommodate an additional 250 parking spaces if the City is unable to construct them elsewhere. The spaces will replace those to be removed from the waterfront when Gulfview is realigned and Beachwalk is constructed. . Harry Cline, Markopoulos representative, said the project is consistent with Beach by Design and City Commission direction. He noted staff's recommendation for approval. He said the project will be a catalyst for future development. He said Mr. Markopoulos has no interest in the Pier 60 parking lot, which is not part of the mcc10a01 13 10/04/01 . settlement agreement. He said a minority mix of condominiums would be sold as 30-60 day per year investments, with the rooms reverting to the property's pool for the remainder of the year. He said the Marriott, Cheezum, and Mack projects also are large. He said approval of the agreement will end litigation related to the Marriott property, improve traffic in the roundabout, lengthen Beach Walk, allow the widening of Coronado to five lanes, and construction of an 80 foot road, sidewalks, and right-of-way between this project and the Marriott. The developer must return with a site plan for approval. In response to a question, Mr. Cline said if two acres of the project remain, the developer can construct up to 60 condominiums. He said that is not the intention. The project is designed to be a resort. Seven people spoke in support of the agreement. In response to a question, Mr. Stone said the agreement will settle pending lawsuits but not guarantee the project will be built. He said BeachWalk will require the relocation of at least 320 parking spaces. The City needs a private developer to absorb those spaces or help construct them elsewhere. In response to a question, Mr. Cline said the developer has not finalized an agreement with a hotel flag but is committed to such an agreement. . In response to a question, Mr. Stone said Mr. Markopoulos had been strident that the Pier 60 parking lot not wrap around his resort. Staff is not leading the charge to remove 60 Pier 60 parking spaces except for the opportunity to use the space as an active park and link between BeachWalk and retail businesses on Mandalay. In response to a question, Mr. Stone said the agreement requires the resort to have at least 250 rooms, that the developer absorb costs related to approximately 740 feet of Gulfview and BeachWalk improvements, and to provide parking spaces. While the City will lose income from beach parking, this agreement will avoid the need to construct expensive spaces elsewhere. The project could use up to 250 rooms from the bonus pool. Mr. Siemon said the agreement will result in the dismissal of pending litigation with prejudice. Mr. Stone said the agreement will result in significant improvement to Coronado. In response to a question, Mr. Stone said the drawings are conceptual and provide a general notion of the retail wrap along Coronado and the vertical treatment of the high wall side. In response to a question, Mr. Siemon estimated the project could be completed by 2005. Discussion ensued. Concerns were expressed regarding the mass of the project and lack of view corridors. It was felt the project has too many units for the size of the property. A detailed design was requested. Opposition to removing spaces from the Pier 60 parking lot was stated. It was suggested funding be identified for the beach walk project and begin construction . mcc10a01 14 10/04/01 . as soon as possible. Concerns were also expressed regarding the need to address traffic and parking needs. In response to a question, Mr. Stone reported each floor of the parking structure will have approximately 80 parking spaces. In response to a question, Mr. Siemon said the developer wishes to construct up to 465 units plus related convention amenities. There are no convention hotels on any of the Pinellas County beaches. Concerns were expressed there are still too many issues to be resolved and more concrete information regarding the number of rooms and the flag to be associated with the project is needed. Mr. Cline said the developer's goal is to construct 465 rooms. It was recommended public transportation be considered as the beach never will have adequate parking spaces on busy days. Concern was expressed the subject property could be sold to a developer who wants to increase the number of rooms. Mr. Stone said the project is capped at 250 rooms from the unit pool so that enough rooms remain in the pool to construct a third project. In response to a question, Mr. Siemon said a hotel's rating is based on provided amenities, not price. He said a resort property will allow nearby properties to increase their rates. . Commissioner Hart moved to deny the settlement agreement regarding the Markopoulos lawsuit currently pending against the City and Clearwater Seashell Resort, L.C. The motion was duly seconded and carried unanimously. ITEM #30 - Municipal Code Enforcement Board - 2 appointments (elK) Commissioner Hamilton moved to reappoint Duke Tieman. The motion was duly seconded and carried unanimously. Commissioner Jonson moved to appoint David Campbell. The motion was duly seconded. Commissioners Hart and Jonson voted "Aye"; Commissioners Gray and Hamilton and Mayor Aungst voted "Nay." Motion failed. Commissioner Jonson moved to appoint Kevin Teismann. The motion was duly seconded and carried unanimously. ITEM #31 - Other Pending Matters - None. . mcc10a01 15 10/04/01 . CITY ATTORNEY REPORTS ITEM #32 - Other City Attorney Items a) Interlocal Agreements re Coastal Construction Control Line and Local Building Code Amendments Building Official Kevin Garriott stated it had been proposed to relocate the CCCL (Coastal Construction Control Line) land ward in Pinellas County. The beach communities worked to stop this action and support a compromise with FDEP (Florida Department of Environmental Protection) to retain the current CCCL. The Pinellas County Licensing Board will oversee local jurisdictions. One agreement relates only to coastal communities. The other agreement is countywide. The board will present local building code concerns to the State to amend State code. A two-layer structure for appeals will continue to exist. With clarification on specific items, the City Attorney supported the proposal. Commissioner Hart moved to approve the Interlocal Agreements regarding the Coastal Construction Control Line and Local Building Code Amendments. The motion was duly seconded and carried unanimously. . ITEM #33 - City Manager Verbal Reports Assistant City Manager Garry Brumback reported a stormwater utility briefing is scheduled for October 15, 2001, followed by a public presentation of the rate study and discussion of related projects, with first reading scheduled for November 1, 2001 . ITEM #34 - Other Commission Action Commissioner Gray and Mayor Aungst complimented the Fire Department regarding last weekend's open house at Safety Village. Commissioner Gray stated October is Breast Cancer Awareness Month. Morton Plant/Mease Hospital is offering a Breast Health Initiative program to provide mammograms for low-income women. Commissioner Jonson said he was impressed by his visit to the Clearwater Free Clinic. Commissioner Jonson invited residents to attend the Florida Birding Festival at the Harborview Center on October 5, 2001 . mcc10a01 16 10/04/01 . Commissioner Jonson thanked Verizon Americast for broadcasting C-View to City residents who previously had been excluded. Commissioner Jonson suggested residents spend a weekend at a Clearwater beach hotel and support local businesses. Commissioner Hamilton invited residents to attend the Make a Difference Fishing Tournament on October 6, 2001, at 7:00 a.m. at Pier 60. Mayor Aungst reviewed tourism challenges, stating tourism officials may begin marketing the area to tourists who drive. Mayor Aungst urged residents to support local restaurants and businesses. ITEM #35 - Adjournment The meeting adjourned at 10:55 p.m. . Attest: o~~x ~ I Y Clerk . mcc10a01 17 10/04/01