06/17/2004
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CITY COUNCIL MEETING
CITY OF CLEARWATER
June 17, 2004
Present: Brian J. Aungst
Frank Hibbard
Hoyt P. Hamilton
William C. Jonson
Carlen Petersen
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
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. Vice-Mayor Frank
Hibbard 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.
4. Introductions and Awards:
4.1 Service Awards
Four service awards were presented to City employees.
Antonis K. Magganas, Gas Department, was presented the July 2004 Employee of the
Month award.
4.2 Award to Phillies
Parks and Recreation Director Kevin Dunbar presented the Parks and Recreation
Partnership Award to John Timberlake of the Phillies.
4.3 Beacon Award for Outstandinq Government Proqramminq (C-News TV)
Public Communications Director Doug Matthews and Television Production Supervisor
Shawn Stafford reported the City had been presented the Beacon Award for Outstanding
Government Programming (C-News TV).
4.4 Clearwater East-West Trail desiqnated as a National Trail
The U.S. Department of Interior has designated Clearwater's East-West Trail as a
National Trail. Felicia Leonard, bike week pedestrian coordinator, provided an update of trail
projects in the City.
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4.5 All-America City Citizen Deleaation
The Council thanked the All-America City Citizen Delegation for their efforts in
participating in the All-America City Award competition in Atlanta. The City was a finalist but did
not win.
5. Presentations:
5.1 Proclamation: Homeownership Month - June 2004
5.2 Proclamation: Big Brothers Big Sisters Celebrates Its Centennial - June 15, 2004
5.3 Proclamation: Recreation and Parks Month - July 2004
5.4 Presentation - Certificate of Appreciation to Johnothan Babb
Resident Johnothan Babb was presented a Certificate of Appreciation for helping
tourists who were stranded on the highway for more than two hours.
6. Approval of Minutes
6.1 City Council - May 20,2004
Councilmember Jonson moved to approve the minutes of the May 20,2004, meeting, as
recorded and submitted in written summation by the City Clerk to each Council member. The
motion was duly seconded and carried unanimously.
7. Citizens to be Heard re Items Not on the Agenda
Nancy Durstien requested individual agreements for the Clearwater Aquatic Team and
the Clearwater Master Swim Team, as they are separate organizations with different goals and
rules.
Leslie Grace said the Long Center's swimming pool is deteriorating and the filtration
system is inadequate. She felt the condition of the pool would be an embarrassment to the City
if repairs were not completed before the March Florida Junior Olympics swim meet.
Public Hearings
8. Administrative public hearings
8.1 Approve the applicant's reauest to vacate that part of 30-foot street riaht-of-way of
Everareen Avenue that lies adiacent to the west property line of Lot 1, Block "C", Druid Heiahts
Subdivision. (A.K.A. 1348 Turner Street), and pass Ordinance #7305-04 on first readina.
(V2004-06 City of Clearwater)
The applicant requests to vacate an unimproved street right-of-way for which no future
improvement is anticipated.
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Progress Energy, Bright House Cable, Verizon, and Knology Broadband of Florida have
no objections to the proposed vacation.
The City of Clearwater has a water main in the subject right-of-way for which no
easement will be needed, as the City owns the property. The right-of-way, once vacated, will
become part of the Glen Oaks Stormwater Improvement Project. The City owns all adjacent
property. Public Works has no objections to the vacation request.
Councilmember Jonson moved to approve the applicant's request to vacate that part of
30-foot street right-of-way of Evergreen Avenue that lies adjacent to the west property line of Lot
1, Block "C", Druid Heights Subdivision, (AKA 1348 Turner Street). The motion was duly
seconded and carried unanimously.
Ordinance #7305-04 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7305-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
8.2 Approve applicant's reauest to vacate the 30-foot riaht-of-wav portion of Everareen Avenue
that lies adiacent to Lot 1, Block A. Druid Heiahts Subdivision. (AKA 1348 Druid Road),
subiect to retention of a drainaae and utilitv easement over the full width of the street riaht-of-
way to be vacated and pass Ordinance #7304-04 on first readina. (V2004-05 Dohertv)
The applicant requests to vacate an unimproved street right-of-way for which no future
improvement is anticipated.
Progress Energy, Bright House Cable, Verizon, and Knology Broadband of Florida have
no objections to the proposed vacation. The City of Clearwater has water and sanitary sewer
facilities in the right-of-way, which will remain protected by an easement. Public Works
Administration has no objections to the vacation request so long as a drainage and utility
easement is retained over the full width of the street to be vacated.
Councilmember Hibbard moved to approve the applicant's request to vacate the 3D-foot
right-of-way portion of Evergreen Avenue that lies adjacent to Lot 1, Block A, Druid Heights
Subdivision, (AKA 1348 Druid Road), subject to retention of a drainage and utility easement
over the full width of the street right-of-way to be vacated. The motion was duly seconded and
carried unanimously.
Ordinance #7304-04 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7304-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
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8.3 Approve the applicant's reauest to vacate that portion of the 60-foot riaht-of-way of Jasmine
Way that lies between Block 28 and Block 33 of Maanolia Park Subdivision. subiect to the
vacation becomina effective only upon transfer of ownership of the adioinina property to GWI
Investments or its assianee. and pass Ordinance #7306-04 on first readina. (V2004-07 GWI
Ihvestments).
The applicant requests to vacate an unimproved street right-of-way for which no future
improvement is anticipated.
Progress Energy, Bright House Cable, Verizon, and Knology Broadband of Florida have
no objections to the proposed vacation.
The City of Clearwater has water and sanitary sewer facilities in the right-of-way, which
will remain protected by an easement.
Public Works Administration has no objections to the vacation request so long as a
drainage and utility easement is retained over the full width of the street to be vacated.
In response to a question, Assistant Engineering Director Glenn Bahnick said the CDB
(Community Development Board) had recommended approval of this request.
Councilmember Jonson moved to approve the applicant's request to vacate that portion
of the 60-foot right-of-way of Jasmine Way that lies between Block 28 and Block 33 of Magnolia
Park Subdivision, subject to the vacation becoming effective only upon transfer of ownership of
the adjoining property to GWllnvestments or its assignee. The motion was duly seconded and
carried unanimously.
Ordinance #7306-04 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7306-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, and Petersen.
"Nays": None.
Absent: Aungst.
8.4 Approve Amendment to the Clearwater Comprehensive Plan related to the adopted Beach
bv Desian special area plan and pass Ordinance #7295-04 on first readina.
In 2001, the City of Clearwater made numerous amendments to the Clearwater
Comprehensive Plan to support the redevelopment of Clearwater beach. Amendments were
made to several different elements of the Plan, including Future Land Use, Transportation and
Conservation. The Comprehensive Plan designates a portion of the beach as a Community
Redevelopment District.
Within that district, a pool of additional hotel rooms was created and the locations where
the pool could be used were identified. Policy 2.1.4 of the Future Land Use Element of the
Clearwater Comprehensive Plan identifies three specific areas that are eligible for the pool.
One area is located on south beach and two areas are located on north beach. The proposed
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amendment eliminates the pool's availability from one of the north beach areas (the Yacht Basin
site). In its place, it designates an area across the street from the Yacht Basin site between
Mandalay Avenue and the Gulf of Mexico between Baymont Street and Rockaway Street. This
revision to the pool's location reduces the total amount of acreage for pool availability by
approximately 1.6 acres.
The Planning Department has determined that the proposed amendment is consistent
with other provisions of the Clearwater Comprehensive Plan, will further the City's
redevelopment goals, will not adversely impact the use of property in the immediate vicinity, will
not adversely affect the natural environment or property in the immediate area, and sufficient
public facilities exist to implement the proposed amendment. Because this is a text amendment
to the Comprehensive Plan, review and approval by the Florida Department of Community
Affairs is required.
Councilmember Hamilton moved to approve an Amendment to the Clearwater
Comprehensive Plan related to the adopted Beach by Design Special Area Plan. The motion
was duly seconded and carried unanimously.
Ordinance #7295-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7295-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
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"Nays": None.
8.5 Approve Amendments to Beach bv Desiqn: A Preliminary Desiqn for Clearwater Beach and
Desiqn Guidelines and pass Ordinance #7294-04 on first readinQ.
In 2001, the Clearwater City Council adopted Beach by Design: A Preliminary Design for
Clearwater Beach. This special area plan governs a portion of Clearwater beach and sets forth
a series of revitalization strategies for land use, mobility, off-street parking, catalytic projects,
economic feasibility and financing, and design guidelines. The amendments are proposed to
provisions relating to the density pool of additional hotel units and required characteristics of
resorts using the pool in the Catalytic Projects section of the Plan.
The amendments address: 1) Extending the length of time the pool of additional hotel
rooms is available; 2) Deleting the provision that requires airport shuttle service to be included in
the basic resort room rate; 3) Refining the types of kitchen facilities permitted within resorts
using the density pool; 4) Eliminating the requirement that resorts using the density pool be
subject to a covenant obligating the resort to participate in a Clearwater beach operation and
maintenance assessment program; and 5) Making changes to the north beach areas eligible for
the resort pool.
The Planning Department has determined the proposed amendment is consistent with
the provisions of the Clearwater Comprehensive Plan and the Community Development.
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The CDB will review the proposed amendments to Beach by Design: A Preliminary
Design for Clearwater Beach in its capacity as the Local Planning Agency (LPA) on June 15,
2004, and make a recommendation to the Commission.
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Councilmember Hibbard moved to approve amendments to Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines. The motion was duly
seconded and carried unanimously.
Ordinance #7294-04 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7294-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
9. Quasi-judicial public hearings
9.1 Approve the Petition for Annexation, Land Use Plan Amendment from the Residential Urban
(RU) Cateaorv (County) to the Residential Urban (RU) Cateaorv (City) and Zonina Atlas
Amendment from the AE. Aariculture Estate Residential District (County) to the Low Medium
Density Residential (LMDR) District (City) for 193 & 197 Elizabeth Avenue toaether with the
abuttina riaht of way easement of Elizabeth Avenue (consistina of metes and bounds 13/14 and
13/15 in Sec. 17-29-16); and Pass Ordinances #7296-04. #7297-04 & #7298-04 on first readina.
(ANX2004-02003 Bridaes)
The subject 0.48 acre of vacant land at 193 & 197 Elizabeth Avenue is on the east side
of the street, approximately 800 feet north of Gulf-to-Bay Boulevard. The applicant is requesting
this annexation to receive City sewer service so the properties can be developed with two
single-family homes. The abutting right-of-way easement also is proposed to be annexed. The
property is contiguous with existing City boundaries on all sides; therefore, the proposed
annexation is consistent with Florida Statutes with regard to voluntary annexation. It is
proposed that the property have a Future Land Use Plan designation of Residential Urban (RU)
and a zoning category of Low Medium Density Residential (LMDR) District.
The Planning Department determined the proposed annexation is consistent with the
following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension of the boundaries and eliminates
an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and
Pinellas County staffs according to the provisions of Pinellas County Ordinance #00-63, Section
7(1-3), and no objections have been raised. The CDB reviewed this proposed annexation on
May 18, 2004, and unanimously recommended approval.
Councilmember Petersen moved to approve the Petition for Annexation, Land Use Plan
Amendment from the Residential Urban (RU) Category (County) to the Residential Urban (RU)
Category (City) and Zoning Atlas Amendment from the AE, Agriculture Estate Residential
District (County) to the Low Medium Density Residential (LMDR) District (City) for 193 & 197
Elizabeth Avenue together with the abutting right of way easement of Elizabeth Avenue
(consisting of metes and bounds 13/14 and 13/15 in Sec. 17-29-16). The motion was duly
seconded and carried unanimously.
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Ordinance #7296-04 was presented for first reading and read by title only.
Councilmember Hibbard moved to pass Ordinance #7296-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Ordinance #7297-04 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7297-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Ordinance #7298-04 was presented for first reading and read by title only.
Council member Jonson moved to pass Ordinance #7298-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
9.2 Approve the Annexation, Land Use Plan Amendment from Residential Low (Rl) cateoorv to
Residential Hioh (RH) cateoorv, and Zonino Atlas Amendment from the Aoricultural Estate (AE)
District (County) to the Medium Hioh Density Residential District (MHDR) (City) for property
located at 2025 North Hiohland Avenue (consistino of a portion of Metes and Bounds 21/06,
21/07 and 21/08 in Sec. 2 -29-15) and pass Ordinances #7299-04, #7300-04 & #7301-04 on
first readino. (ANX2004-03004/LUZ2004-03002 Chetkin)
The subject site is comprised of three parcels of land totaling 4.4 acres. It is
approximately 1,300 feet north of Sunset Point Road on the east side of North Highland
Avenue. The annexation, land use plan amendment and rezoning is requested by the applicant,
Bayshore Broadway, Inc., who intends to construct up to 132 attached dwelling units on this
site. The annexation will enable the applicant to receive solid waste and sanitary sewer service.
The required impact fees will be paid at the time building permits are issued. The Planning
Department determined that the proposed annexation is consistent with the following standards
specified in the Community Development Code: 1) The proposed annexation will not have an
adverse impact on public facilities and their level of service; 2) The proposed annexation is
consistent with the City's Comprehensive Plan, the Countywide Plan, the Community
Development Code and Pinellas County and Florida Law; and 3) The proposed annexation is
contiguous to existing municipal boundaries, represents a logical extension of the boundaries
and eliminates an enclave.
This annexation has been reviewed by the PPC and Pinellas County staffs according to
the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no objections have
been raised. The applicant is requesting to amend the Future Land Use Plan Map designation
for this 4.4-acre site from Residential Low (RL) (County) to Residential High (RH) (City).
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Approval of this request would allow the developer to consolidate the entire site in the
Residential High (RH) future land use plan category and the Medium High Density Residential
(MHDR) zoning district. The Planning Department determined that the proposed land use plan
amendment and rezoning applications are consistent with the following standards specified in
the Community Development Code: 1) The proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan, and 2) The proposed use is compatible
with the surrounding area. Sufficient public facilities are available to serve the property. The
applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the PPC and Board of County Commissioners acting as the Countywide
Planning Authority. Based on the proposed density of the plan amendment, review and
approval by the DCA (Florida Department of Community Affairs) is required. The CDB reviewed
these applications on May 18, 2004, and unanimously recommended approval of both
applications.
Long Range Planning Manager Gina Clayton announced anyone wishing to obtain
information from DCA must complete a form.
Councilmember Petersen moved to approve the Annexation, Land Use Plan
Amendment from Residential Low (RL) category to Residential High (RH) category, and Zoning
Atlas Amendment from the Agricultural Estate (AE) District (County) to the Medium High Density
Residential District (MHDR) (City) for property located at 2025 North Highland Avenue
(consisting of a portion of Metes and Bounds 21/06,21/07 and 21/08 in Sec. 2-29-15). The
motion was duly seconded and carried unanimously.
Ordinance #7299-04 was presented for first reading and read by title only.
Council member Hibbard moved to pass Ordinance #7299-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Ordinance #7300-04 was presented for first reading and read by title only.
Council member Hamilton moved to pass Ordinance #7300-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Absent: Hibbard.
Ordinance #7301-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7301-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
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"Nays": None.
9.3 Approve the Land Use Plan Amendment from the Residential Urban (RU) cateaorv to the
Recreation/Open Space (RlOS) cateaorv and Zonina Atlas Amendment from the Mobile Home
Park (MHP) District to the Open Space/Recreation (OS/R) District for property located at 2950
Glen Oak Avenue (Kapok Mobile Home Park) (consistina of metes and bounds 41/02 in Sec. 8-
29-16) and pass Ordinances #7302-04 & #7303-04 on first readina. (LUZ2004-03003 City of
Clearwater)
The subject site consists of one parcel of land, approximately 36.6 acres in area. The
entire site is at the western terminus of Glen Oak Avenue, approximately 800 feet north of Drew
Street and 500 feet west of McMullen-Booth Road. The Engineering Department is requesting
to amend the Future Land Use Plan map designation of this parcel from Residential Urban (RU)
to the Recreation/Open Space (RlOS) classification. The amendment is requested by staff to
redevelop this parcel into the Kapok Wetland and Flood Restoration Project. Additionally, a
zoning atlas amendment is requested to rezone the parcel from the Mobile Home Park (MHP)
District to the Open Space/ Recreation (OS/R) District.
The Planning Department determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards specified in the Community
Development Code: 1) The proposed land use plan amendment and rezoning application are
consistent with the Comprehensive Plan; 2) The proposed use is consistent with the Open
Space/Recreation zoning district regulations; and 3) The application will be beneficial to the
surrounding communities and the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the PPC and Board of County Commissioners acting as the Countywide
Planning Authority. Based on the size of the plan amendment site, review and approval by the
DCA is required. The COB reviewed this application on May 18, 2004, and unanimously
recommended approval.
Long Range Planning Manager Gina Clayton announced anyone wishing to obtain
information from DCA must complete a form.
Ms. Clayton said this is not an enclave because right-of-way connects to Safety Harbor;
however, if the property owners want sewer service, they must sign an agreement to annex and
when contiguous would have to annex into the City.
Eight persons spoke in opposition to the parking lot.
In response to a question, Engineering Director Mike Quillen said plans do not call for
the property to be fenced. Vehicles can park on the street near the edge of the park. He said
significant publicity regarding the property's use has been generated since the mobile home
park was removed.
Concern was expressed in routing heavy construction equipment through the
neighborhood. Mr. Quillen said there will be a paved construction access and most of the heavy
equipment will remain on site. The alternative access to the park via Cliff Stephens Park would
interfere with the East-West Trail. It was noted while 141 trees are being removed, 10 times that
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amount will remain. Ms. Clayton said the site plan is not part of this item and will be reviewed
by staff or the CDB.
Councilmember Petersen moved to approve the Land Use Plan Amendment from the
Residential Urban (RU) category to the Recreation/Open Space (RlOS) category and Zoning
Atlas Amendment from the Mobile Home Park (MHP) District to the Open Space/Recreation
(OS/R) District for property located at 2950 Glen Oak Avenue (Kapok Mobile Home Park)
(consisting of metes and bounds 41/02 in Sec. 8-29-16). The motion was duly seconded and
carried unanimously.
Ordinance #7302-04 was presented for first reading and read by title only.
Councilmember Hibbard moved to pass Ordinance #7302-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Ordinance #7303-04 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7303-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
10. Second Readings. public hearing
10.1 Adopt Ordinance #7271-04 on second readinq, approvinq the Petition for Annexation for
2135 Burnice Drive (Lot 24, Glen Ellvn Estates in Sec. 24-29-15).
Ordinance #7271-04 was presented for second reading and read by title only.
Councilmember Hibbard moved to pass and adopt Ordinance #7271-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
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10.2 Adopt Ordinance #7272-04 on second readinq. approvinq the Land Use Plan Amendment
from County Residential Low (RL) to City Residential Low (RL) for 2135 Burnice Drive (Lot 24.
Glen Ellvn Estates in Sec. 24-29-15).
Ordinance #7272-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7272-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
10.3 Adopt Ordinance #7273-04 on second readinq. approvinq the Zoninq Atlas Amendment
from County R-3. Sinqle Family Residential District to the City LMDR. Low Medium Density
Residential district for 2135 Burnice Drive (Lot 24. Glen Ellyn Estates in Sec. 24-29-15).
Ordinance #7273-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7273-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
City Manager Reports
11. Consent Agenda - Approved as submitted.
11.1 Authorize the City to desiqnate Homes for Independence. Inc. as a Community Housinq
Development Orqanization (CHDO) and allocate via a CHDO Aqreement. $76.650 in FY02-03
HOME Investment Partnership CHDO funds to be used towards the predevelopment costs of a
special needs rental community and authorize the appropriate officials to execute same.
11.2 Reappoint Mr. Frederick I. Zieqler to a two-year term as a Trustee of the Clearwater
Firefiqhters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State
Statutes.
11.3 Accept a 1.135 square-foot. more or less. Sanitary and Utility Easement qranted by
Discount Auto Parts. Inc. over and across a portion of the Northwest 1/4 of Sec. 8-29-16 as
more particularly described therein. conveyed in consideration of receipt of $5.000 and benefits
to be derived therein.
11.4 Approve a work order supplement to Post. Buckley. Schuh & Jerniqan. Inc. (PBSJ) in the
amount of $384.999 for additional desiqn and post-desiqn services associated with the Beach
Walk proiect and authorize the appropriate officials to execute same.
11.5 Approve the final plat for "Chautauqua Lake Estates." a proposed 46-lot sinqle family
subdivision located on the west side of Lake Chautauqua.
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11.6 Approve a contract with Thomas L. Jones. to sell the West 1/2 of Lots 43 and 44. Block D.
J. J. Eldridae Subdivision. for the total sum of $21.350. and authorize appropriate officials to
execute same.
11.7 Award a contract to Luke Brothers. of Holidav. Florida. the lowest most responsive bid for
the Exotic and Invasive Species Control Proiect in the amount $225.000 and approve the qrant
aqreement with National Fish and Wildlife Foundation/Pinellas County Environmental
Foundation (NF&WF/PCEF) for fundinq in the amount of $106.000 and authorize the
appropriate officials to execute same.
11.8 Approve Chanqe Order NO.2 for the North Beach Drainaqe Improvements Proiect (02-
0007-EN) to Kevstone Excavators. Inc. of Oldsmar. Florida increasina the contract amount bv
$85.672.40 for a new contract total of $712.104.80 and approve a time extension of thirty-five
(35) days.
11.9 Approve the Work Order to TBE Group. Inc. for professional services to prepare an update
to the Floodplain Manaqement Plan in the amount of $35.670.60 and authorize the appropriate
officials to execute same.
11.10 Appoint Jovce Gibbs to the Brownfields Advisory Board as aqencv representative with the
term to expire on Mav 31. 2008.
11.11 Authorize the City Attornev to retain Roqers Towers as outside counsel in U.S. Supreme
Court proceedinqs in the case of Granite State Outdoor Advertisinq v. City of Clearwater. in the
total estimated amount of UP to $80.000.
11.12 Approve the request from the Pelican Walk Parkina Garaae developer for an extension of
time to initiate construction of the proiect and approve extendinq the construction deadline for
commencement of construction of the Pelican Walk parkina aaraqe. from Auqust 26. 2004 until
March 31. 2005 and necessary contract amendments to implement the extension.
11.13 Authorize the City Attornev to appeal final iudament in the case of School Board of
Pinellas County v. City of Clearwater.
Purchasing
11.142004 Sterlinq L7501 cab and chassis with Vac-Con sewer cleaner bodY.
11.15 2004 Caterpillar 950G wheel loader with attachments.
11.16 Maintenance of the City radio system durinq the contract period: Julv 1. 2004 throuah
September 30. 2006.
11.17 15 each XL T5000 W9 mobile communications units installed and 24 each XTS 5000
portable radios with charqers.
Councilmember Hamilton 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.
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12. Other items on City Manager Reports
12.1 Pass on first readinq Ordinances #7308-04 and #7309-04 to amend the City's FY
2003/2004 Operatinq and Capital Improvement Proqram (CIP) budaets at mid-year.
The FY (Fiscal Year) 2003/04 budgets for operations and capital improvement projects
were adopted in September 2003 by Ordinances #7188-03 and #7189-03.
In accordance with the City Code of Ordinances, a review of the City's financial
operation was performed at the end of the second fiscal quarter. That review determined that
amendments were needed to the budgets due to unforeseen circumstances that had arisen
during the year.
Councilmember Hibbard moved to approve amending the City's FY 2003/2004
Operating and Capital Improvement Program (CIP) budgets at mid-year. The motion was duly
seconded and carried unanimously.
Ordinance #7308-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7308-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
Ordinance #7309-04 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7309-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
The meeting recessed from 7:45 to 7:58 p.m.
12.2 Pass on first readinq Ordinance #7279-04, authorizinq the City Manaqer to reduce bond
requirements under limited circumstances where the City's liability is less than the full contract
price and authorize acceptance of alternate forms of surety.
The Code of Ordinances currently requires a performance bond and payment bond, or a
contract bond issued by a surety company licensed in Florida, in an amount at least equal to the
contract price when deemed necessary to protect the best interests of the City. No other form
of surety is authorized.
A performance bond is required to protect the City's financial interest in completion of a
project. A payment bond protects the City's interest in making sure that payment is made for
materials required and the work of sub-contractors. The cost of a performance bond and a
payment bond is typically 1.5% to 3% of the total contract award. This cost is passed back to
the City in the bidding process. Many firms are unwilling or unable to commit bonding in that
amount for the contract period. In limited circumstances, such as the installation of gas mains
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and service lines, the City's potential liability is reduced since the contractor does not utilize the
work of sub-contractors and the City supplies all materials. Payment is not an issue in this
contract.
The total award for the current year is $700,000. Individual work orders for the previous
year range from a few hundred dollars to $26,920, with the average work order being $977.
Approval will allow for alternate forms of security, such as cash, money orders, certified checks,
cashier's checks, an irrevocable letter of credit, or a security of a type listed in Section 255,
Florida Statute. Approval will increase competition and continue to provide sufficient protection
of the City's financial interests.
Councilmember Hamilton moved to approve authorizing the City Manager to reduce
bond requirements under limited circumstances where the City's liability is less than the full
contract price and authorize acceptance of alternate forms of surety. The motion was duly
seconded and carried unanimously.
Ordinance #7279-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7279-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
12.3 Approve a HiQhwav Landscape Reimbursement and Maintenance Memorandum of
AQreement with the Florida Department of Transportation. District Seven in the amount of
$712.600. so that aesthetic improvements can be made to a portion of SR 60 and Adopt
Resolution #04-13 authorizinQ execution of said HiQhwav Landscape Maintenance
Memorandum of AQreement.
The City of Clearwater desires to improve and beautify the right-of-way area for SR 60
from Memorial Causeway, 770 feet west of the intercoastal waterway bridge, to Chestnut Street
at Palm Avenue, and to Court Street at Oak Avenue.
FOOT (Florida Department of Transportation), District Seven, has allocated funds for
landscape improvements in conjunction with construction or reconstruction of SR 60 and the
Memorial Causeway Bridge, under FP #257093-1-54-01, and is authorized pursuant to Section
334.044. Florida Statutes, to reimburse the City for eligible landscape expenditures. The
amount available for this project is $712,600.
A third quarter amendment will be made to increase CIP 315-93210, Memorial
Landscape & Beautification by $712,600.
The City of Clearwater will produce final planting plans, details and technical
specifications for and install the project landscape improvements. Following execution of this
agreement, the City has ninety calendar days to submit landscape plans and specifications to
FDOT for approval. Upon installation of the landscape improvements, the City has agreed to
maintain the same at its sole expense and in a reasonable manner. The City currently has
resources in the Parks & Recreation Department budget allocated to maintain the Memorial
Causeway. The Parks & Recreation Department will need to re-evaluate resources for the
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project once the design is completed. The revitalization and landscape enhancements of Court
Street will leave a positive impression on visitors and residents. FDOT requires this
Memorandum of Agreement to allow landscaping within its right-of-way.
Councilmember Petersen moved to approve a Highway Landscape Reimbursement and
Maintenance Memorandum of Agreement with the Florida Department of Transportation, District
Seven in the amount of $712,600, so that aesthetic improvements can be made to a portion of
SR 60 and authorize execution of said Highway Landscape Maintenance Memorandum of
Agreement. The motion was duly seconded and carried unanimously.
Resolution #04-13 was presented and read by title only. Councilmember Hibbard
moved to pass and adopt Resolution #04-13 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
12.4 Appoint the Plan nino Committee responsible for updatinq the Floodplain Manaoement Plan
and adopt Resolution #04-15.
The City of Clearwater participates in the National Flood Insurance Program (NFIP) so
that properties within the community are eligible for federally backed flood insurance.
Additionally, the City participates in the Community Rating System (CRS), a voluntary flood
insurance rating system that seeks to reduce flood losses, facilitate accurate insurance ratings,
and promote the awareness of flood insurance. Clearwater has a CRS rating of Class 7, based
on the number of credit points earned by the City. This rating provides a 15% discount on flood
insurance premiums for Clearwater property owners. Only 78 of the total 1 ,002 communities
participating in the CRS have a higher rating than the City. One item the City receives CRS
credit for is the Floodplain Management Plan. During the CRS 5-year verification visit, the
Insurance Services Office, Inc. (ISO) determined that the City's existing plan is not in
compliance with existing CRS Coordinator's Manual provisions, due to changed federal
requirements. To continue receiving credit points, the Plan must be updated.
In another agenda item, the Planning Department requested the City Council to approve
the work order for TBE Group, Inc. to prepare this update. The CRS Manual does not specify
the contents of a floodplain management plan but requires a 10-step planning process be used
in preparing the plan. This process requires communities to: 1) Organize to prepare the plan; 2)
Involve the public; 3) Coordinate with other agencies; 4) Assess the flood hazard; 5) Assess the
problem; 6) Set goals; 7) Review possible activities; 8) Draft an action plan; 9) Adopt the plan;
and 10) Implement, evaluate and review. The second step, which requires public involvement,
presents opportunities for significant credit points and is the subject of this agenda item.
The Planning Department requests the City Council formally create a planning
committee comprised of public representatives and City staff to work in conjunction with the
consultant to develop the updated Floodplain Management Plan. The public representatives
proposed for the committee include floodplain property owners and residents, floodplain
business owners, neighborhood representatives, Chamber of Commerce representatives and a
real estate/lending professional. Staff from the Planning, Engineering, Development Services,
Public Communications and Parks and Recreation departments also will participate. This
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proposed resolution also specifies that once the City Council approves the plan, it will be
submitted to the Federal Emergency Management Agency on or before November 1 , 2004, to
meet the extension date allowed by the City's ISO Specialist, Sherry Harper.
Councilmember Hamilton moved to appoint the Planning Committee to be responsible
for updating the Floodplain Management Plan. The motion was duly seconded and carried
unanimously.
Resolution #04-15 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #04-15 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
12.5 Provide direction reqardinq the request by the Island Estates Civic Association to amend
the Code of Ordinances to limit residential construction to a period of one year from the date of
permittinQ.
The Development and Neighborhood Services Department has received a letter from
Mr. John Bozmoski, Jr., President of the Island Estates Civic Association, asking for a change to
the Building Code. The request would change the Building Code to limit a residential
construction project duration to a period of one year from the date of permitting. Their request
was made in an attempt to control the amount of time a project has to be built.
Currently, the City is required by State Statute to follow the 2001 Florida Building Code.
Section 104.5 "Conditions of the Permit," restricts the time length that a permit is valid. This
section restricts the life of a permit by stating: "Every permit issued shall become invalid unless
the work authorized by such permit is commenced within 6 months after its issuance, or if the
work authorized by such permit is suspended or abandoned for a period of 6 months after the
time the work is commenced." The Code allows renewal, re-issuance and extensions of
permits. The State Statute allows local governments to amend this section as long as it is more
restrictive.
The City Attorney has advised that the proposed change to the Building Code will be
subject to review of the Pinellas County Construction Licensing Board (PCClB). Department
staff has met with Tampa Bay Builders' Association (TBBA) and the Pinellas County
Construction Licensing Board (PCClB). Neither organization supports the requested time
limitation for permits. They oppose this request due to many issues (such as labor, budget
concerns, shortage of materials, etc.). These organizations object to any additional time
limitations and recommend continuing to follow the Building Code as written. Additionally,
meetings were conducted with the City Attorney's Office. The City Attorney's Office also has
concerns with the proposed change.
Some points to consider that support maintaining the current Building Code without the
requested time limitation amendment: 1) Thousands of building permits are issued annually by
the City and very few have been identified as problematic to raise levels of awareness; 2) Many
developments have multiple year permits and present no problems; 3) Enforcement action on a
property may leave an uncompleted project. There would then be a concern of City liability; 4) If
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the City were to expire and end a permit, there would be nothing legally to stop the issuance of
another permit on the site; and 5) If a construction project were to be stopped prior to
completion, due to proposed time limitations, with or without the placement of a lien on the
property, the property might remain in an unsightly and possibly unsafe condition without
resolution, indefinitely.
Interested parties have been notified of this meeting to present their points of view of
City Council's discussion and consideration. While, as stated in Mr. Bozmoski's letter, other
municipalities have a time limit, staffs recommendation is to deny the request to amend the
Code of Ordinances, based on professional industry perspectives and concerns by the City
Attorney's Office.
In response to a question, Building Official Kevin Garriott said approximately 518 permits
older than 12 months are open, and approximately 2500 permits for residential and commercial
projects are open at anyone time. Currently, only one open permit is six years old. In response
to a question, the City Attorney said this request is directed towards residential.
Three persons spoke in support of the proposed ordinance and expressed concern
regarding the six-year duration of the construction project in their neighborhood.
Discussion ensued regarding the duration of the construction project on Island Estates
and it was felt the proposed ordinance would not be the best remedy to address such issues. It
was believed the issue could be addressed as part of the neighborhood deed restrictions or by
initiation of an amendment to the Island Estates NCOD (Neighborhood Conservation Overlay
District).
In response to a question, Planning Director Cyndi Tarapani said any amendments to
the NCOD must be initiated by 60% of the homeowners. Ms. Akin said the City would handle
NCOD matters through code enforcement procedures, however, it was noted the City cannot
foreclose on homestead property.
A review of the procedure for extending permits and inspections was recommended. It
was remarked many issues related to the six-year old permit are aesthetic. Ms. Tarapani said
residential property owners only must meet rules related to impervious surface area ratios,
which in this case have been met. She said additional landscaping requirements did not pass
as part of the Island Estates NCOD.
Direction was given for staff to work with the Island Estates Civic Association to see if
there is support for an NCOD amendment.
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12.6 Approve co-sponsorship and waiver of reauested City fees and service charaes for FY
2004-2005 special events includina six annual City events; and seventeen City co-sponsored
events; at an estimated aross cost of $516.934.06 ($119,500 representina cash contributions
and $397,434.06 representina in-kind contributions) for the purposes of departmental budaet
submittals.
According to the City Code of Ordinances, on special events, there shall be an annual
review of City sponsored/co-sponsored events during the budget process. An agenda item
approving co-sponsorship and level of support for these events will be brought before the City
Council at the beginning of the budget process each fiscal year. In the event additional money is
requested beyond what is included in the approved budget, City Council approval will be
needed before said additional funds are dispersed. The total cash contribution is $15,000
(12.6%) lower than was approved for FY 2003/2004. This decrease is due to the elimination of
the request for $15,000 of one-time seed money for the Sunsets FantaSea of Lights. "In-kind
contributions" increased by $79,040.06. "In-kind contributions" are included in operating
budgets under various departments. The increase is due to more effective event cost tracking
and increased salaries.
.
Major increased areas are: 1) Police Department - $26,470 increase due to larger Fun N'
Sun Festival events and Sunsets Beachfest, which previously was considered an extra duty
assignment; 2) Fire/Life Safety and Inspections - $4,764 increase as five events previously were
not budgeted and the scope of the event changed staff requirements for five other events; and
3) Police Department - $59,000 increase due to traffic control issue related to Drew Street
closures. This item is anticipated for this year only assuming the new bridge is open by
September 30, 2005. The Special Events Committee recommends approval of all events.
Concern was expressed regarding traffic congestion when events are held in Coachman
Park and it was suggested one open westbound lane on Drew Street be retained except during
the actual event. Parks & Recreation Director Kevin Dunbar said staff would approach all
partners having events next year to address traffic concerns. He said staff already has shaved
one full day off of the closure of Drew Street for July 4th festivities.
Commissioner Hamilton moved to approve co-sponsorship and waiver of requested City
fees and service charges for FY 2004-2005 special events including six annual City events; and
seventeen City co-sponsored events; at an estimated gross cost of $516,934.06 ($119,500
representing cash contributions and $397,434.06 representing in-kind contributions) for the
purposes of departmental budget submittals. The motion was duly seconded and carried
unanimously.
Clearwater Suncoast Cyclina Classic
The Parks & Recreation Department has agreed to co-sponsor an event called the
Clearwater Suncoast Cycling Classic at Coachman Park. This event is also co-sponsored by
the CVB and the Clearwater Suncoast YMCA and will bring in riders from all over the State of
Florida and Southeast.
.
The event will consist of activities at the Park including a family interactive adventure
area, bike and accessory displays, static bike races, opening ceremonies, a banquet and
awards presentations at Harborview Center and several races.
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One of the conditions for the Parks & Recreation Department to move forward with plans
for this event is the approved race routes. The Clearwater Police Department and the Pinellas
County Sheriff's Department have met with the race officials in an attempt to choose proposed
routes.
Mr. Dunbar reported on the Suncoast Cycling Classic to be held in Clearwater on
October 9-10,2004. He outlined the various courses and options. Three separate races will
require the intermittent closure of streets. A Circuit Course race is planned near the Highland
Avenue YMCA between Cleveland Street and Highland Avenue. A third race, involving a Short
Course race with seven individual races, is scheduled between 8:00 and 10:00 a.m. The first
and third races will originate from Coachman Park. Short-term road closures will occur only
when the bicycle "pack" is present. He anticipates 1,000 participants. Suncoast Cycling will
fund Police escorts, who will follow the cyclists when necessary. The City will realize some
profit on the event. The Memorial Causeway would be closed only on one side for a limited
amount of time the morning of the event if the longer race is selected.
Bud Elias, Suncoast Cycling Classic representative, said this event is second only to the
Tour de France. He said events have been in the planning stage for 18 months and road
closures and traffic have been considered. He felt scheduling events in the early morning on
the weekend reduces traffic concerns. He said this is an opportunity to continue to make the
Downtown and beach a destination place. In response to a question, he said professional and
amateur cyclists will participate. Mr. Dunbar said no other events are scheduled in Clearwater
that weekend. It was felt this event would be worthwhile for the City.
.
Councilmember Hamilton approved moving forward with the Suncoast Cycling Classic in
Clearwater on October 9-10, 2004. The motion was duly seconded and carried unanimously.
12.7 Approve the Siqns and Miscellaneous chapter of the Downtown Desiqn Guidelines.
As presented at the December 18, 2003, City Commission meeting, development of the
Downtown Design Guidelines has been organized into four parts: 1) Design Principles; 2) New
Construction; 3) Treatment of Designated Historic Structures; and 4) Signs and Miscellaneous.
The Design Principles were approved by the City Council on December 18, 2003. The
New Construction chapter was approved on April 15, 2004, with the understanding that
additional guidelines will be developed regarding architectural styles of new construction on
Cleveland Street and Ft. Harrison Avenue within the Downtown Core. The Rehabilitation of
Designated Historic Structures chapter was approved on May 20, 2004.
The subject of this agenda item is the chapter regarding Signs and Miscellaneous and
focuses on: 1) Signs; 2) Lighting; 3) Property Maintenance; 4) Properties along the Pinellas
Trail; 5) Utility/Infrastructure Facilities; and 6) Corporate Design.
All subsections are organized by topic with accompanying principles and subsequent
"appropriate"/"inappropriate" supporting statements, photographs, drawings and other images to
guide appropriate development/redevelopment. The Planning Department recommends
approval of the Signs and Miscellaneous chapter as presented by the Steering Committee.
.
Based on the fact that sandwich board signs typically result in visual and physical clutter,
the Steering Committee voted eight to one with one member abstaining to list sandwich board
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signs as generally inappropriate for Downtown. The Committee unanimously agreed, however,
that sandwich board signs should be allowed for limited special events and that the
implementations of these recommendations be evaluated in two years. The Committee's
recommendations were based on the fact that the approved Master Streetscape and Wayfinding
Plan will include business directory signs for businesses located on Cleveland Street in the
Downtown Core and that the Planning Department will be proposing amendments to the
Community Development Code to permit signage to identify secondary business entrances and
to allow directory and hanging signs in certain situations.
The Planning Department and Committee are currently developing the final elements of
the Guidelines including:
. Purpose, intent and applicability provisions;
. Guidelines regarding the use of certain architectural styles for Cleveland Street
and Fort Harrison Avenue in the Downtown Core (Council request);
· Guidelines regarding development within the two identified Transition Areas
(Council request);
. Guidelines for telecommunication antennas;
· Guidelines requiring the use of certain building materials;
· Guidelines specific for office development in the Old Bay District, east of Garden
Avenue; and
. A Glossary.
These issues will be presented to the City Council in August 2004. The draft Guidelines
will be presented to the Downtown Development Board, Main Street Committee, Clearwater
Chamber of Commerce and representatives from the Old Bay and East Gateway character
districts in August and the Community Development Board on September 21. The final version
of the Design Guidelines will be presented to the City Council on October 21 and November 4
for approval.
Ms. Tarapani gave a power point presentation and said the Steering Committee is
recommending eliminating electronic reader and sandwich board signs from Downtown.
Changeable copy signs will be limited to 25% of the total sign area. She said staff proposes
installing directional signage listing business names on each block, within Downtown rights-of-
way. The eight-foot tall signs are designed to be read by pedestrians. The City is funding the
directional signs as part of the streetscaping program. She reviewed pictures of appropriate
and inappropriate signs for Downtown, sign placement and lighting examples. She said the use
of gas lighting and rear entrances are being encouraged.
Economic Development and Housing Director Reg Owens said four directional signs will
be installed at every Downtown intersection and describe retail uses for that block. He felt the
signage would be very effective and would not interfere with pedestrian traffic. Ms. Tarapani
said business owners would be responsible for hanging signs on their businesses.
Councilmember Hamilton moved to approve the Signs and Miscellaneous chapter of the
Downtown Design Guidelines as presented. The motion was duly seconded and carried
unanimously.
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12.8 Community Development Board (CD B) Appointment with a term expirino on February 28.
2007.
City Clerk Cyndie Goudeau reported one member of the CDB had resigned. resulting in
a vacant seat. Staff was directed to solicit potential nominees with engineering experience.
She noted another CDB appointment will be necessary in a few months.
Councilmember Hamilton moved to appoint J. B. Johnson as a voting member of the
CDB with a term expiring February 28.2007. The motion was duly seconded and carried
unanimously.
12.9 IAFF Contract Neqotiations Update
Human Resources Director Joe Roseto said the union and City continue to meet. No
significant progress has occurred. The next meeting is scheduled for June 28, 2004.
13. City Attorney Reports - None.
14. City Manager Verbal Reports
Update reqardinq the Memorial Causeway Bridqe
Public Works Administrator Mashid Arasteh reviewed options presented by PCl to
FDOT (Florida Department of Transportation) regarding repairs to the Memorial Causeway
Bridge. Remedy has not yet been determined.
14.1 South Beach Pavilion Operation
Councilmember Hamilton recused himself.
A RFP (Request for Proposal) solicitation was released on May 10, 2004, to evaluate the
potential for a short-term lease of three years with 24 month-by-month options. The short-term
lease was necessitated by the pending development of Beach Walk, a City Development
Initiative, which has significant impacts on site accessibility, parking and design features, yet to
be defined.
The selection criteria were published as part of RFP #20-04 and the proposals were
evaluated against those criteria. No amended proposals were allowed after the bid opening.
Documentation on file of legal discussion indicates one bidder elected to "not pursue the
proposal initially submitted," which eliminated consideration of one of three proposals. The
remaining two proposals were evaluated as presented below. Selection criteria and average
score of the five-member board are summarized. Scores are based on each non-financial
return factor being worth 5% or five-point total, and the one financial return factor worth 50%.
For the purposes of comparison, the financial returns were converted to a representative five-
point range, with the highest return given 100% weight and all 50 percentage points, and the
second bidder a proportional weighted percentage of 91.26% or 45.63 percentage points.
Selection criteria included: 1) Successful Experience in Pinellas County providing similar
concession services. Bidder A score 3, Bidder B score 1; 2) Successful experience in Pinellas
County managing and operating a public building. Bidder A score 1.2, Bidder B score 1; 3)
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Documented need within community for program and services, and how you plan to meet need.
Bidder A score 2.4, Bidder B score 3.2; 4) Clearly defined measurable impact to the community.
Bidder A score 2.4, Bidder B score 3.6; 5) Responsiveness and completeness of written
response to these instructions with regard to scope of project. Bidder A score 3.6, Bidder B
score 3.8; 6) Reports from references Bidder A score 3.8, Bidder B score 2.8; 7) Compensation
or financial benefits to the City of Clearwater. *Normalized to 5-point scale. Bidder A score
4.56, Bidder B score 5. The actual projected dollar figures were computed against historical site
sales and in dollar figures were, $130,161.47 (Bidder A) and $142,620.78 (Bidder B); 8)
Longevity of applicant providing these services. Bidder A score 2.8, Bidder B score 1.4; 9)
Proven ability to partner with public and private sector. Bidder A score 2.6, Bidder B score 2;
10) Proven ability to raise funds to support operational and capitol costs Bidder A score 3.2,
Bidder B score 2; and 11) Fullness and extent of resources available to and used by applicant.
Bidder A score 2.8, Bidder B score 2.8.
Marine & Aviation Director Bill Morris said since Monday's Work Session, the City
received three unsolicited proposals for beach chair/cabana rentals and services for the
Pavilion. He reviewed options: 1) Operate the Pavilion as a City concession; 2) Select one of
the unsolicited proposals; and 3) Amend the existing contract. He reviewed projected revenue
to the City for each option. Mr. Morris noted the average monthly return to the City has been
greater than $9,000.
Seven persons spoke regarding operation of the South Beach Pavilion and the RFP
bidding process.
Discussion ensued and it was agreed the RFP process had been flawed. There was a
desire to keep the pavilion open, at least for a short term, while a new RFP with a 60-day
response time is processed.
In response to a question, Katie Cole, Clearwater Chamber of Commerce, said the
Spring and Summer seasons are the busiest for the Beach.
There was discussion regarding how the Pavilion will fit into the Beach Walk plans.
Concern was expressed that beachgoers would be penalized if operations are closed.
Discussion ensued in regard to entering into a short term agreement through the end of
September with Ken and Wade Hamilton at the existing terms or at a flat rate of $10,000 per
month.
Mr. Ken Hamilton was asked if he would accept a counter offer to continue operations
until the end of September at the existing terms.
Mr. Hamilton requested time to look at the numbers.
Councilmember Hibbard moved to authorize the City Attorney to negotiate a lease with
the Hamiltons terminating September 30,2004. The motion was duly seconded.
Councilmembers Hibbard, Jonson, Petersen, and Mayor Aungst voted "Aye"; Councilmember
Hamilton abstained. Motion carried.
Consensus was to have a 60-day response time for a new RFP.
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15. Council Discussion Items
15.1. Discuss conflicts with Auo 19 and Nov 18 Council Meetino Dates.
Discussion ensued regarding conflicts related to the subject Council meetings.
The August 19, 2004, Council meeting was rescheduled to Monday, August 16, 2004, at
5:00 p.m. No Work Session for this meeting will be scheduled. No change was made to the
November 18, 2004, meeting. December meetings are scheduled for December 2 and 16,
2004, with Work Sessions on November 29, and December 13, 2004. The one meeting in
January is scheduled for January 20, 2005, with the Work Session on Tuesday, January 18,
2005, due to the Martin Luther King, Jr. holiday.
15.2. Letter to Florida Department of Transportation (FOOT) re Desion Issues on US 19 -
Jonson
Councilmember Jonson said significant progress is being made by FOOT regarding
landscaping on US Highway 19. There was agreement but concern was expressed regarding
ongoing maintenance costs for the enhanced landscaping.
15.3. Council Travel Budoet - Jonson
Councilmember Jonson anticipated a $1,000 shortage in his travel budget.
Consensus was to move $500 from the travel budgets of Councilmembers Hibbard and
Hamilton to Councilmember Jonson's travel budget.
The City Manager said he had received $25,000 from the Library Foundation.
16. Other Council Action
Vice-Mayor Hibbard attended the Elks meeting on May 26, 2004, where the Fire and
Police Officers of the Year awards were presented; the YWCA Young Men's Award program;
and the Beach Chamber Awards on June 9, 2004. He expressed disappointment Clearwater
did not win the All America City Award in Atlanta.
Councilmember Petersen thanked Jeff Kronschnabl for escorting the City Council to
MacDill Air Force Base for the Presidential visit. She enjoyed watching Air Force One land and
the President's address to troops. She attended the NeighborWorks Week luncheon where the
City was presented with a Certificate of Appreciation. She applauded Isay Gulley for her work.
She said the visit to Nagano, Japan was phenomenal.
Councilmember Jonson enjoyed the trip to Nagano. He attended the FLC (Florida
League of Cities) Legislative Wrap-up and felt many unresolved issues will be considered next
session. He wants to invite legislators to visit the City's CRA. He appreciated Council member
Hamilton's attendance at the Suncoast League Mini Conference. He mentioned an additional
Homestead Exemption. He said the FLC voting delegate will need guidance regarding the
election of the second vice-president. He requested follow-up at the next Work Session
regarding the Downtown survey. He said FCA T scores blew him away and he wants the City to
explore it further with high schools. He recognized a neighbor who had passed away. He
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requested Council direction if he is their representative to the FLC annual conference this year.
He extended prayers to former City Manager Mike Roberto.
Councilmember Hamilton extended prayers to Mike Roberto. He had a great time at
MacDill Air Force Base. He complimented Councilmember Jonson regarding his efforts at the
Suncoast League of Cities Conference. He said Nagano was wonderful. He mentioned the
Mayors' and his Karaoke participation. He said the Sister Cities Program is alive and well and
he looks forward to hosting the 50th anniversary.
Mavor AunQst attended the Clearwater Beach Chamber and the Clearwater
Neighborhood Housing Services events. He said new flags at Ruth Eckerd Hall have been
dedicated. He noted the Council of Mayors and the Board of County Commissioners are
meeting tomorrow regarding annexation.
17. Adjourn
The meeting adjourned at 10:46 p.m.
MaYc[::~
Council 2004-06-17
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