03/31/2003
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
March 31, 2003
Present: Brian J. Aungst
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Frank Hibbard
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 9:04 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
PUR PURCHASING
Approval of Purchases and Declaration of Surplus per Purchasinq Memorandum:
1) Cox Radio Tampa Bay, St. Petersburg, Florida, revenue payments for concert sponsorship
during the period: March 21,2003 through March 31,2004 for $300,000. (PR)
2) Infinity Broadcasting, St. Petersburg, Florida, revenue payments for concert sponsorship
during the period: March 21,2003 through March 31,2004 for $300,000. (PR)
3) Gallagher Bassett Services, Itasca, Illinois, claims paid by the City's third party administrator
during the period: April 4, 2003 through September 30,2003 for $310,000. (FN)
4) Board of County Commissioners, Pinellas County, increase award for County/City joint
project - Keene Road 1A (Druid to Drew) for $480,806.59 an increase of $52,215.83. (EN)
5) Declare surplus and authorize disposal through sale at Tampa Machinery Auction,
miscellaneous surplus.
In response to a question regarding Item #4, City Engineer Mike Quillen said
contingencies budgeted for the project are needed. The County will not fund cost overruns for
City items.
In response to a question regarding Items #4 and #5, Parks & Recreation Director Kevin
Dunbar said while staff is requesting approval of these items now, the City will pay for events as
they occur. It was stated this approval does not obligate the City to participate in the concerts.
A report on the finances of each event was requested.
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ED/HSG ECONOMIC DEVELOPMENT/HOUSING
Approve terms in Letter of Intent and direct administration and Leaal Department to develop a
final contact for construction of a 300-space public parkina aaraae (Pelican Walk Garaae)
Last year, the City Commission directed City Administration to negotiate with the Pelican
Walk property owner to develop a joint public/private approach for construction of a parking
garage on the Pelican Walk site. Since then, the City and its consultants conducted a demand
analysis and numerous alternatives for garage facilities ranging from 200 to 450 spaces. City
Administration has briefed the Commission and sought policy direction on a number of
occasions as staff has continued to negotiate with the Pelican Walk property owner. As a result
of this effort, City Administration and the Pelican Walk property owner have reached agreement
on the terms of construction of a 300-space parking garage.
The Pelican Walk property owner has signed the "Term Sheet," listing the terms of this
agreement: 1) Pelican Walk property owner will construct, own and operate a 300-space
parking garage; 2) Garage will open to the public on a first come, first serve basis for a
minimum of 30 years; 3) Rates in the garage may be no higher than other Florida resort
locations and in no case more than 150% of the City's rate or $3.75 per hour, whichever is
greater; 4) Minimum hours of operation will be from 10:00 a.m. to 9:00 p.m.; 5) Garage will be
designed for a minimum life of 30 years; 6) Garage will be designed to accommodate an
additional two levels for future parking; 7) Garage will be designed in accordance with Beach by
Design guidelines; 8) Garage design will be required to achieve a quality appearance; 9) City
will employ an "owner's representative" to review the design and construction of the garage; 10)
City shall have the right to review and approve the plans and specifications for the garage; 11)
Pelican Walk owner will commence construction within 12 months of approval of the detailed
contract; 12) Garage will be maintained in a first class condition; 13) The City will provide an
economic incentive of $1,400,000 to the Pelican Walk owner to construct the garage; 14) City
agrees to enforce parking violations in the vicinity of the garage; 15) City will disburse the City
funds in the following order: 100% of the cost of the design upon demonstration of the
completion of the design; disbursement of the remaining funds in conjunction with each one-
third completion of the construction of the garage; 16) City agrees not to participate in or
construct additional public parking spaces within 1,000 feet of the parking garage for a period of
five years or until the parking garage meets the definition of "stabilized revenue." This is
defined in the letter of intent. Exception to these restrictions relates to the City's participation in
the development of a resort in accordance with the provisions of Beach by Design; 17) Should
the City desire to build additional parking within one thousand feet of the garage in the first five
years, the Pelican Walk owner will have sixty days to exercise the right to construct up to 200
spaces at Pelican Walk. If the owner declines, the City has the right to construct the spaces it
desires within 1,000 feet of the garage.
As the Commission is aware, the City has struggled for more than five years to define
locations and reasonable funding alternatives for additional public parking on both north and
south Clearwater Beach. Beach by Design identified the future need for two locations on north
beach and two locations of south beach. The Pelican Walk garage would be the first of these
to be constructed.
Pros include: 1) 300 new public parking spaces to be provided on north beach; 2)
Spaces will assist in redevelopment of Mandalay Street commercial corridor; 3) Spaces will
provide additional parking for beach goers; 4) City will not have to fully fund, own, operate and
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assume liability of facility; 5) Opportunity exists to add 200 spaces to garage at no expense to
the City; 6) Private sector to assume revenue risk associated with garage; and 7) Garage
improvements and land to remain on the tax roll.
Cons include: 1) City will not own or control garage; 2) Should the garage "cash flow,"
the City would not benefit from these revenues; 3) For a short time, the City will be restricted
from building additional public parking within 1,000 feet of the garage, unless associated with a
major resort project; 4) location not the most efficient location for beach goers; and 5) City will
commit "one time" financial commitment of $1.4-million to assist in garage design and
construction.
City departments, including Economic Development, Public Works, Finance and Legal,
have participated in the effort to evaluate and develop new parking facilities on the beach.
Each of these departments has reviewed the Letter of Intent and supports this approach.
Finance has reviewed the economic impact of the financial commitment and indicates there will
be adequate retained earnings in the Parking System Fund.
In response to a question, Assistant City Manager Ralph Stone said listed times the
garage will remain open are flexible and represent minimums. The final document will include
specific language. It was recommended the garage be open as much as possible, considering
the size of the City's contribution. Concern was expressed the City will lose control of the
parking facility. In response to a question, Mr. Stone said the parking structure will meet Code
if the additional 200 parking spaces are constructed. A contingency estimate was requested.
Staff will provide "owner's representative" responsibilities and costs for Thursday. Mr. Quillen
said the City prefers the representative have experience in parking garage construction. The
City does not employ such an expert.
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In response to a question, the City Attorney said this agreement does not establish a
precedent. Mr. Quillen estimated design work will cost 7% of total project costs. A question
was raised whether the City would receive money for the garage under the Mack agreement
and the City Attorney responded it would depend on the date of occupancy. Staff will provide
information regarding Mack project deadlines. Staff appreciates flexibility to design the garage
to have approximately 90 spaces per level. The City Commission will approve the final
contract.
Support was expressed for the project, which will provide the Mandalay area with
needed parking. It was noted the property owner is funding the majority of the project. Mr.
Stone said it would cost more for the City to operate, maintain, and insure the garage. Parking
for the beach library will be negotiated in the lease.
MR MARINE/AVIATION
Adopt Resolution 03-20 acceptina Florida Department of Transportation (FOOT) Supplemental
Aareement (JPA) at Clearwater Airpark.
FOOT (Florida Department of Transportation) has agreed to increase funding by
$135,000 in the existing JPA (Joint Participation Agreement) for the design and construction of
two 10-plane T -hangars, one corporate hangar, the completion of the stormwater management
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plan, additional security fencing, and the emergency soil mitigation and fuel tank replacement at
Clearwater Airpark.
The total funding provided by FDOT for this JPA now will be $1,218,800. FDOT will
fund $100,000 of the additional $135,000, and the City will fund $35,000. This will make the
total City contribution for the project $299,700 available at an 80:20 split. The $35,000 will be
taken from funds that remained in the project for future improvements after FDOT increased
their percentages in previous supplemental agreements.
Marine & Aviation Director Bill Morris said staff is trying to close out this JPA. The
projects are part of the Airpark's Master Plan. In response to a question, Mr. Morris said State
staff has recommended the City push Airpark projects forward for funding, while funds remain
available. The stormwater plan currently is holding up construction of T-Hangars, which are in
great demand.
PR PARKS AND RECREATION
Approve four (4) additional Park Service Technicians positions (4.0 FTE) to be added to the
Parks and Recreation beach maintenance team.
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Current landscape maintenance contracts for the Gateway to the Beach Area and also
the Beach Comfort Station are scheduled to expire in June 2003. Annual amounts are $63,400
for gateway maintenance and $30,000 for custodial maintenance. Parks & Recreation
Department staff have reviewed to determine whether contracting this service continues to be
the most cost effective approach for the City and maintain the required level of service. There
are currently service level concerns with cleanliness and damage to the comfort stations and
also landscape maintenance of the Gateway area. In addition, a review of new impacts needs
to be considered.
Staff analysis indicates that the addition of 4 FTE's (Park Service Technician I) in the
amount of $46,700 for FY (Fiscal Year) 2003 and $93,400 annually (includes all employee
benefits) would provide the City a higher level of service that is desired. Overall maintenance
service visitations will increase from 3 times to 5 times weekly. The change will provide 7 day-a
-week staffing presence, a higher level of service to maintain and report problems with beach
comfort stations, and address the department's top area of complaint.
Current staffing is only 5 days per week (7 for beach raking). The demand, however, is
greatest on the weekend when staff is needed to maintain the beach area and its amenities to
City standards. The change would allow absorbing the new maintenance impact from the
Mandalay Streetscape and raise the level of maintenance in the Gateway area consistent with
City crew work at Pier 60 Park, the Marina, and the Beach Recreation and Aquatic Complex.
The change will result in increased care and maintenance of all site furniture exposed to
harsh environmental elements. If approved, City maintenance would begin effective May 3,
2003 and be supported by the department's "Beach Team."
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In response to a question, Mr. Dunbar said additional FTEs will not increase the budget
as the proposal converts contract positions. He opposed funding these positions with beach
parking revenues, as those funds will decrease once spaces are removed from the beach. He
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said four FTEs are necessary and will begin at entry level. He estimated benefits average 20%
of salary levels. Current contracts, which cost more than this request, are for two years and
allow renewals. Staff has major concerns regarding poor levels of service related to beach
maintenance. The City Manager said the department could get by with fewer FTEs if the City
Commission determines that lower levels of service are acceptable. Staff will provide
information comparing contract and staff task requirements. Current contracts cost $63,000
annually for beach Gateway maintenance and $30,000 for custodial maintenance of the comfort
station. Mr. Dunbar estimated Mandalay streetscape maintenance will cost $10,000 annually.
He said staff can perform these duties better and more efficiently than contracted workers.
Concern was expressed FTE costs will escalate dramatically in the next five years. Mr. Dunbar
said contract costs also will increase. In response to a suggestion that additional FTEs be
phased in, Mr. Dunbar said four FTEs are necessary to provide service on the beach 7 days,
rather than 5 days, weekly. During slower times of the year, the FTEs will work on special
projects to enhance the area.
In response to a question, Mr. Dunbar said the schedule for beach raking was adjusted
to have more time on the sand before it gets busy. As people arrive on the beach earlier in the
day during this time of year, raking must stop earlier than normal. It was stated the beach's
appearance also is important.
Approve an additional .5 FTE pool auard positions for Morningside and North Greenwood
Recreation and Aquatic Complexes.
The City currently does not provide lifeguard services in its training/activity pool areas.
Training pools are designed for toddlers and small children, who must be accompanied by an
adult, 18 years of age or older to supervise them during the use. Guards stationed at the main
pools have been required to monitor the training pool area during peak utilization. This is
consistent with state swim code guidelines.
During the past three years the City has added an activity pool area at Morningside and
constructed a new activity pool at North Greenwood. The pool at Morningside has been an
overwhelming success and has generated a greater use as will the new pool at North
Greenwood. While not required by the Florida State Swim Code, staff is of the opinion that
during the peak time of year, when school is out, these areas need to be supervised by a
certified lifeguard to ensure compliance of the appropriate supervision in these areas to prevent
serious injury. These areas are fenced off from the main pools.
Staff recommends adding a .25 FTE (35 hours per week for 14 weeks) at both
Morningside and North Greenwood facilities to provide needed coverage. Funding to support
these positions will be derived from resale of items at the City's aquatic facilities.
In response to a question, Mr. Dunbar said City aquatic facilities sell significant amounts
of ice cream during the summer.
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PW PUBLIC WORKS
Adopt Resolution 03-18 authorizina the City to enter into an aareement with CSX
Transportation. Inc. for installation of one (1) 8" reclaimed water main in the CSX right-of-way
as part of the Harbor Oaks Reclaimed Water System project; and approve Pipeline Crossing
Agreement No. CSX-044932.
A work order for consultant services was approved on May 17, 2002 for design,
preparation of construction plans, and permitting for the Harbor Oaks Reclaimed Water System
Project. As part of this project, the City desires to construct one (1) 8-inch reclaimed water
main, located where the CSX Railroad intersects Druid Street, approximately 360 feet west of
Myrtle Avenue. CSX requires an Agreement to cover the costs of encroaching, construction
risk and to provide the terms and conditions associated with placing a pipeline underneath their
railway system. The cost to the City will be $300 for a one-time encroachment inventory fee
and $750 for a construction risk fee for a total cost of $1,050.
In response to a question, Mr. Quillen said project work will be completed by the end of
2004. It was requested staff notify CSX regarding loose boards at the Pinellas Street railroad
crossing.
Ratify and confirm chanae order #1 to a contract with American Water Services Underaround
Infrastructure. Inc. formerly Azurix North America Underground Infrastructure, Inc. in the
amount of $30,649 for cleaning of the wastewater interceptor system from the east side of US
19 to the Bayside Bridge, for a new contract total of $185,499.
. On January 9,2003, the City Commission awarded a contract for $154,850, based on a
City estimate, to clean the existing wastewater interceptor pipeline from the east side of US 19N
to the Bayside Bridge. The line needed immediate attention due to a recent overflow caused by
heavy sediment buildup. The contractor was tasked with cleaning the main interceptor line,
which was estimated to be half full of sediment. Once on site, it was determined the sediment
was greater than originally anticipated and an additional upstream area was added to the scope
of work. The increase in scope added an extra $30,649 to the original estimate, resulting in a
total project cost of $185,499.
In response to a question, Public Services Director Gary Jonson said staff is working on
ways to prevent the collection of sediment in pipes. Public Utilities Director Andy Neff said a
CIP (Capita/Improvement Projects) budget was established to include this type of expense.
While the work is maintenance oriented, it is budgeted as a capital program phased activity,
which maintains, cleans, and inspects the lines. It was felt rate increase funds should not be
used for maintenance.
PLD PLANNING
Public Hearina & First Readina Ordinance 7105-03 - approve amendments to the Community
Development Code c1arifyina definitions of residential use. dwellina unit and overniaht
accommodations and adding a new section regarding prima facie evidence of certain uses.
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The issue of short-term rentals of residential properties surfaced last summer and a
determination was made that such use is not a permitted primary use in a residential zoning
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ordinance. In an attempt to further clarify that this use is not allowed, Ordinance 7105-03
includes amendments to existing definitions in Article 8 of the Community Development Code
and one new provision to Article 3, General applicability.
Proposed amendments: 1) clarify that a residential use in a residential zoning district
does not include uses that are rented for periods of less than 31 days or one calendar month,
whichever is less; 2) expand definition of dwelling unit to specify that a dwelling unit located in a
residential district shall be used only for a residential use, unless otherwise specified; 3) revise
definition of overnight accommodations to solely focus on the temporary occupancy of a
property; and 4) add a new provision that identifies what constitutes prima facie evidence of a
use located in a residential zoning district that rents for periods of less than 31 days or one
calendar month, whichever is less.
On March 18, 2003, the CDB recommended approval of the proposed amendments by
a 6: 1 vote.
Planning Director Cyndi Tarapani reviewed the proposed ordinance and said zoning for
single-family residences and motels have historical differences. The percentage of owner
occupied homes on north beach is lower than City averages. As home ownership ratios are an
indicator of a neighborhood's stability, she expressed concern regarding the future of north
Clearwater beach residential neighborhood. Trends indicate recent property sales rates have
increased significantly. She said an increasing number of tourists want to spend their vacations
in a house. She suggested the City Commission separately review zoning: 1) west of Mandalay
Avenue between Acacia and Kendall - mix of transient uses such as condominiums, single-
family residential cottages, motel units, and hotel signs and 2) east of Mandalay, fronting
Somerset, - no hotel signs, almost all structures single-story and appear to be multi-family.
Staff will report how many double lot properties can be further developed.
Ms. Tarapani said staff has addressed this issue with PPC (Pinellas Planning Council)
Executive Director Dave Healy. If the City wishes to approve short-term rentals for less than 30
days, the approval process will be long and require discussions with the PPC. The City also
could reduce minimum short-term rental stays by initiating a plan category "Resort Facilities"
overlay process and Code amendment. This process also would be time consuming.
Commission Discussion Items
Second nominee to serve on County Aircraft Noise Abatement Task Force.
Consensus was to appoint Saundra Curry to the County Aircraft Noise Abatement Task
Force.
Mobility Initiative Governance
Commissioner Jonson reported the PST A (Pinellas Suncoast Transit Authority) has
invited the County Commission and MPO (Metropolitan Planning Organization) for a discussion
regarding the Mobility Initiative Governance on April 30, 2003. Commissioner Gray will
distribute additional information on this issue following this week's MPO meeting.
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Other Commission Action
Commissioner Jonson said problems continue at the Piney Point Phosphate plant. If
the pond wall is breached, dangerous levels of polluted stormwater could spill into Tampa Bay
and trigger a red tide event.
Mavor AunQst apologized for missing the ground breaking for the new Calvary Baptist
Church on McMullen-Booth Road, due to other obligations.
Adiourn
The meeting adjourned at 10:57 a.m.
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