08/16/2004
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CITY COUNCIL MEETING
CITY OF CLEARWATER
August 16,2004
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 5:00 p.m. at City Hall. Reverend Leddy
Hammock, Unity Church of Clearwater, 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
The Employee of the Month award was presented to Linda Meyers, Finance Department.
5. Presentations:
5.1 End of Session Report and Presentation - Representative Bilirakis
Representative Gus Bilirakis reviewed legislative issues addressed this year. The Mayor
presented him a plaque in appreciation of work done during the 2004 legislative session.
5.2 Presentation of the participants from the 2004 International Children's Games
Parks and Recreation Director Kevin Dunbar said a team of athletes went to Ohio to
represent the City in swimming and basketball events and won a bronze medal. Recreation
Specialist Barbara Miller, who headed the event, introduced the athletes. The Mayor
congratulated them for their efforts.
6. Approval of Minutes
6.1 City Council - AUQust 5. 2004
Approval of the minutes of the regular meeting of August 5, 2004, was continued to
September 2, 2004.
7.
Citizens to be Heard re Items Not on the Agenda - None.
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Public Hearings
8.
Administrative public hearings - None.
9.
Quasi-judicial public hearings
9.1
Approve the Petition for Annexation. Land Use Plan Amendment from Residential Low
(Rl)CateQorv (Countv) to the Residential Low (Rl) Cateoorv (Citv) and Zonino Atlas
Amendment from the R3. Sinole Familv Residential District (Countv) to the Low Medium
Densitv Residential (LMDR) District (Citv) for 404 Oakmount Road tooether with the
abuttino Oakmount Road rioht-of-wav. (Lot 4. of Oakmount Subdivision); and pass
Ordinances #7310-04. #7311-04 & #7312-04 on first readinQ. (Central Realty Inc.)
The subject property on the south side of Oakmount Road, approximately 200 feet south
of Sharkey Road, is 0.187 -acre in area and currently vacant. The applicant is requesting this
annexation in order to receive City sewer and water service so the property can be developed
with a single-family detached dwelling. The property is contiguous with the existing City
boundary to the north; 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 Low (RL) and a zoning category of Low Medium Density
Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their
level of service.
The proposed annexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries and represents
a logical extension of the City boundaries.
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 Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on July 20, 2004, and unanimously recommended approval.
Councilmember Hamilton moved to approve the Petition for Annexation, Land Use Plan
Amendment from Residential Low (RL) Category (County) to the Residential Low (RL) Category
(City) and Zoning Atlas Amendment from the R3, Single Family Residential District (County) to
the Low Medium Density Residential (LMDR) District (City) for 404 Oakmount Road together
with the abutting Oakmount Road right-of-way, (Lot 4, of Oakmount Subdivision). The motion
was duly seconded and carried unanimously.
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Ordinance #7310-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7310-04 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 #7311-04 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7311-04 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 #7312-04 was presented for first reading and read by title only.
Councilmember Hibbard moved to pass Ordinance #7312-04 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 Petition for Annexation, Land Use Plan Amendment from Residential Low
(RU Cateaorv (County) to the Residential Low (RUCateaorv (City) and Zonina Atlas
Amendment from the R3, Sinale Family Residential District (County) to the Low Medium
Density Residential (LMDR) District (City) for 1627 Sherwood Street (Lot 1. Block 20,
Fourth Addition to Hiahland Pines Subdivision in Section 11, Township 29 South and
Ranae 15 East); and PASS Ordinances #7313-04. #7314-04 & #7315-04 on first
readina. (Susanne Roessler)
The subject property is at the southwest corner of Sherwood Street and Lynn Avenue,
approximately 200 feet east of Ridge Avenue. The parcel is 0.165-acre in area and is occupied
by a single-family detached dwelling. The applicant is requesting this annexation to receive City
sewer service. The property is contiguous with the existing City boundaries to the north and
west; therefore, the proposed annexation is consistent with Florida Statutes with regard to
voluntary annexation. It is proposed the property have a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their
level of service.
The proposed annexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries and a logical
extension of the City boundaries.
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This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas
County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-
3), and no objections have been raised.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on July 20, 2004 and unanimously recommended approval.
Councilmember Hamilton moved to Approve the Petition for Annexation, Land Use Plan
Amendment from Residential Low (RL) Category (County) to the Residential Low (RL)Category
(City) and Zoning Atlas Amendment from the R3, Single Family Residential District (County) to
the Low Medium Density Residential (LMDR) District (City) for 1627 Sherwood Street (Lot 1,
Block 20, Fourth Addition to Highland Pines Subdivision in Section 11, Township 29 South and
Range 15 East). The motion was duly seconded. Members Hibbard, Hamilton, Jonson, and
Petersen voted "Aye"; Mayor Aungst was absent. Motion carried.
Ordinance #7313-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7313-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, and Petersen.
Absent: Aungst.
"Nays": None.
Ordinance #7314-04 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7314-04 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 #7315-04 was presented for first reading and read by title only.
Councilmember Hibbard moved to pass Ordinance #7315-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
9.3 Approve the Petition for Annexation. Land Use Plan Amendment from Residential Low
(Rl) Cateoorv (County) to the Residential Low (Rl) Cateaorv (City) and Zonino Atlas
Amendment from R3. Sino Ie-Family Residential (County) to Low Medium Density
Residential (LMDR) District (City) for 1616 North Betty Lane (Lot 15. Block B.
Stevenson's Heiohts in Section 10. Township 29 and Ranoe 15): and PASS Ordinances
#7316-04. #7317-04 & #7318-04 on first readina. (Eugene Fields)
The subject property is on the west side of Betty Lane, approximately 200 feet north of
Woodbine Street. The parcel is 0.16-acre in area and is occupied by a single-family detached
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dwelling. The applicant is requesting this annexation in order to receive solid waste service.
The property is contiguous with the existing City boundaries to the south and east; 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 Low (RL)
and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their
level of service.
The proposed annexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code.
The proposed annexation is contiguous to existing municipal boundaries and a logical
extension of the boundaries.
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 Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on July 20, 2004, and unanimously recommended approval.
Councilmember Hamilton moved to approve the Petition for Annexation, Land Use Plan
Amendment from Residential Low (RL) Category (County) to the Residential Low (RL) Category
(City) and Zoning Atlas Amendment from R3, Single-family Residential (County) to Low Medium
Density Residential (LMDR) District (City) for 1616 North Betty Lane (Lot 15, Block B,
Stevenson's Heights in Section 10, Township 29 and Range 15). The motion was duly
seconded and carried unanimously.
Ordinance #7316-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7316-04 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 #7317-04 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7317-04 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 #7318-04 was presented for first reading and read by title only.
Councilmember Hibbard moved to pass Ordinance #7318-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
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"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
10. Second Readings - public hearing
10.1 Adopt Ordinance #7322-04 on second readina, vacatina a 10-foot utility easement Iyina
alona the North boundary of Pen mar Drive. beainnina at the Northwest corner of Tract C,
Myron A. Smith's Bawiew Subdivision.
Ordinance #7322-04 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7322-04 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.
10.2 Adopt Ordinance #7323-04 on second readina. vacatina the 3-foot drainaae and utility
easement Iyina alona the North property line of Lot 41, Imperial Park Unit 1, and the 3-
foot drainaae and utility easement Iyina alona the South property line of Lot 40. Imperial
Park Unit 1.
Ordinance #7323-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7323-04 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 #7325-04 on second readina. amendina the Election Code, Chapter
14, Clearwater Code of Ordinances.
Ordinance #7325-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7325-04 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 - None.
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Purchasing
11.1 Increase the award for the purchase of miscellaneous office supplies from $300.000 to
$500.000 ($200.000 increase) for the remaininq portion of the contract period endinq
June 30. 2005.
Concern was expressed in the dramatic increase and Finance Director Margie Simmons
indicated this increase was due to consolidation of office supplies on one purchase order. She
noted the City piggybacks on the State contract.
Discussion ensued regarding the use of P-cards and Buyer Michael Murray said only
designated personnel within each department use P-cards and their purchases are closely
scrutinized by their supervisors. Budgetary restraints still apply.
In response to a question, Ms. Simmons said P-cards are less expensive to use due to a
cash rebate to the City. She said the new Ross system establishes good controls over P-card
use.
Councilmember Hamilton moved to approve increasing the award for the purchase of
miscellaneous office supplies from $300,000 to $500,000 ($200,000 increase) for the remaining
portion of the contract period ending June 30, 2005. The motion was duly seconded and
carried unanimously.
12. Other items on City Manager Reports
12.1 Approve the City Hall location as the temporary location for the Downtown Clearwater
Farmer's Market durinq the construction staqinq of Station Square Condominiums.
The Downtown Clearwater Farmer's Market will need to be relocated from its present
location because Station Square Park is scheduled to be a staging area for the construction of
the Station Square condominiums beginning in the fall of 2004.
Staff identified several potential locations for relocating the Farmer's Market during
construction. Each site was analyzed with Bob Fernandez, the manager of the Farmer's
Market. The top three sites all had close or adjacent parking facilities and safe and convenient
access for market patrons.
After careful evaluation, the preferred location for the Farmer's Market is the City Hall
Parking Lot for the following reasons:
-- Shady area with sidewalk and wide grassy area for vendors
-- 48 metered parking spots adjacent to vendors (These spots meet the demand for
vendors and patrons - City Hall employees will not be affected)
-- Farmers Market still located in Downtown core close to County and City employees
-- Location also continues to serve private sector employees along Cleveland Street who
are used to using the market
-- Patrons generally know the location of City Hall
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-- Market can still be held on Wednesday mornings
-- Located on City-owned land with available electrical connections
-- Public restrooms are available
The downside of the location is that parking will be limited for City Hall visitors on
Wednesday mornings. Also, the location is not on a highly visible street.
The City Hall location was presented to the Farmer's Market Board, the Downtown
Development Board, and the Main Street Committees for their endorsement. All approved the
location.
The Farmer's Market operates between October and April and will celebrate its 10th
year.
In response to questions, Acting Director of Economic Development & Housing Geri
Campos, said vendors will park on the grassy areas and staff is reviewing whether the parking
meters will be enforced. The challenge will be to get people from office towers to come to City
Hall.
Council member Jonson moved to approve the City Hall location as the temporary
location for the Downtown Clearwater Farmer's Market during the construction staging of
Station Square Condominiums. The motion was duly seconded and carried unanimously.
12.2 Approve a Hiahway Landscape Maintenance Memorandum of Aareement with the
Florida Department of Transportation. for the continued beautification of 3.7 miles of
riaht-of-wav of Courtney Campbell Causeway. from Bayshore Drive to the Pinellas
County Line. and Adopt Resolution #04-25 authorizina execution of said Hiahway
Landscape Maintenance Memorandum of Aareement.
The City of Clearwater and the Florida Department of Transportation entered into a
Highway Landscape Maintenance Memorandum of Agreement on August 4, 1994, for the
beautification of 3.7 miles of right-of-way on Courtney Campbell Causeway, from Bayshore
Drive to the Pinellas County Line. This agreement was for the term of 10 years, and will expire
on August 12, 2004.
The City of Clearwater desires to continue to maintain the beautification of this right-of-
way, specifically:
. Removal of litter
. Watering and fertilization of plants
. Mulching of plant beds
. Keeping plants as free as practicable from disease and harmful insects
. Weeding the premises routinely
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. Mowing and/or cutting grass within the landscaped areas
. Pruning plants, specifically removing dead or diseased parts of plants, and pruning
parts of plants which present a visible hazard to those using the roadway
Replacement/removal of dead or diseased plants that have fallen below project
standards
Routine maintenance, as prescribed by the manufacturer, of any irrigation system
The Parks and Recreation Department has the necessary resources in place to continue
to perform these tasks at the current level of service.
The Department of Transportation requires the Memorandum of Agreement to allow
landscaping within their right-of-way.
Legal has requested that Council be aware that in accordance with Section 13 of the
Agreement, the FDOT District Secretary will have unilateral discretion to settle disputes
stemming from or related to this agreement, in effect removing the City's dispute resolution
options. It is not anticipated that this will become a problem, as the City does have the right to
terminate the agreement without cause with 60 days written notice.
Councilmember Petersen moved to approve a Highway Landscape Maintenance
Memorandum of Agreement with the Florida Department of Transportation, for the continued
beautification of 3.7 miles of right-of-way of Courtney Campbell Causeway, from Bayshore Drive
to the Pinellas County Line. The motion was duly seconded and carried unanimously.
Resolution #04-25 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #04-25 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.
12.3 Approve a Recreational Easement Aareement between the City of Clearwater and
Pinellas County in accordance with the Manaaement Plan for Bawiew Park and
authorize the appropriate officials to execute same.
In November 2002, the City entered into a Grant Award Agreement with Florida
Communities Trust (FCT), a State of Florida agency, for the purchase of 4.2 acres of land
located at 3035 Gulf-to-Bay Boulevard, commonly known as Bayview Park.
As a part of the Grant Agreement and Management Plan for the property, the City was to
work with Pinellas County to initiate an easement agreement that would allow a portion of
County property to be included in the development of a passive recreational park.
The easement agreement identifies a 50-foot wide section of the county property on the
west boundary leading down to the beach area where a 100' wide section of beach area would
also be included in the overall park plan. A mulch path and an observation deck at the waters
edge is the only development planned to be included in this area.
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There is no cost associated with this agreement.
In response to a question, Mr. Dunbar said the construction of the deck and mulch path
will be done by the City.
Councilmember Jonson moved to approve a Recreational Easement Agreement
between the City of Clearwater and Pinellas County in accordance with the Management Plan
for Bayview Park and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
12.4 Approve the Land and Water Conservation Fund Proaram (LWCF) proiect arant
aareement for the Park Lake Motel purchase in the amount of $200.000. between the
State of Florida Department of Environmental Protection and the City of Clearwater and
authorize the appropriate officials to execute same.
In August 2002, the City Commission approved the purchase of the Park Lake Motel at a
total acquisition cost of $585,000, using Open Space and Recreation Facility Land Impact Fees,
which provided the City's grant amount match of $200,000.
The City has been awarded a LWCF grant of $200,000 to be used towards the cost to
purchase the Park Lake Motel. The award will reimburse the City for a portion of the total
acquisition cost.
The purchase of this property provides a location where additional parking will be
. constructed to serve the patrons of Crest Lake Park.
Grant funding in the amount of $150,000 was anticipated for the purchase of the property
and already included in Capital Improvement Project #315-93207; therefore, a third quarter
budget amendment in the amount of $50,000 will be recognized to increase the Crest Lake
Renovations CIP from $150,000 to $200,000.
In response to a question, Mr. Dunbar said now that the dollars are available, the design
of the parking lot will begin. Staff will start discussions with the neighborhood.
Councilmember Petersen moved to approve the Land and Water Conservation Fund
Program (LWCF) project grant agreement for the Park Lake Motel purchase in the amount of
$200,000, between the State of Florida Department of Environmental Protection and the City of
Clearwater, and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
12.5 Approve chanaina the name of Lasalle Street between Fairburn Avenue and Betty Lane
to Otis C. Green Drive. and pass Resolution #04-26.
Otis C. Green has made a career of caring for people who are in need of help. His
involvement in the operation of Everybody's Tabernacle and the Homeless Emergency Project
has been of great value to the City.
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Staff was asked to evaluate renaming a street in his honor in the vicinity of these two
institutions. The segment of Lasalle Street between Fairburn Avenue and Betty Lane was
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chosen due to its location in the immediate vicinity, and due to the minimal impact on this
established neighborhood.
Staff research indicates that there are two residences that will be directly affected by this
street name change. They have been notified in writing and no objections have been received.
The estimated cost to the City to change the associated street name signs is
approximately $100.
Councilmember Hibbard moved to approve changing the name of Lasalle Street
between Fairburn Avenue and Betty Lane to Otis C. Green Drive, and pass Resolution #04-26.
The motion was duly seconded and carried unanimously.
Resolution #04-26 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #04-26 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.
12.6 Approve two Florida Recreation Development Assistance Proaram (FRDAP) proiect
arant aareements for the Ross Norton Recreation and Aauatics Complex proiect in the
amount of $400.000. between the State of Florida Department of Environmental
Protection and the City of Clearwater and authorize the appropriate officials to execute
. same.
The City has been awarded two matching (FRDAP) grants of $200,000 each (one for the
aquatic complex and one for the Skate/BMX Playground) to assist in the construction of the
Ross Norton Recreation and Aquatics Complex project.
One project includes constructing an activities pool and a splash pool with components
including a water slide and water playground area. The other project is the creation of a
Skate/BMX Playground.
These improvements, along with the construction of the 21,000 square-foot recreation
center, will complete all elements of this project.
The City's match of $200,000 for the Skate/BMX Playground is currently budgeted in
Capital Improvement Project #315-93253. Grant funding in the amount of $200,000 was
anticipated for the skate park and already included in the total current project budget of
$3,715,457.11.
The City's match of $200,000 for the Aquatics Complex is currently budgeted in Capital
Improvement Project #315-93271 ($150,000) and Capital Improvement Project #315-93253
($50,000).
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With the receipt of the grant for the pool renovations, a third quarter budget amendment
in the amount of $200,000 will be recognized to increase the swimming pool and replacement
CIP from $150,000 to $350,000.
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Councilmember Jonson moved to approve two Florida Recreation Development
Assistance Program (FRDAP) project grant agreements for the Ross Norton Recreation and
Aquatics Complex project in the amount of $400,000, between the State of Florida Department
of Environmental Protection and the City of Clearwater and authorize the appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
12.7 Approve a five-year lease with BJE. Inc.. 630 S. Gulfview Blvd.. Clearwater. FL for retail
space in Pelican Walk at 483 Mandalay Avenue for use as the Beach Branch Library and
authorize the appropriate officials to execute same.
The Beach Branch Library has occupied approximately 3,300 square feet of leased
space on the first floor of Pelican Walk since December 1998.
This lease is for approximately 3,750 square feet on the second floor of Pelican Walk,
formerly Burger King. The following are components of the lease:
*Term is five years.
*Annual rent is $58,000 subject to annual CPI increases.
*Requires property owner to make structural improvements.
*Floor load must be 125 Ibs per square foot live load to support book stacks.
*Lease will commence following structural improvements.
* Allows the City to make improvements to the space.
The estimated cost for moving the library, making necessary improvements to the new
space, and signage is $50,500. Funds will come from the Library's operating budget ($12,500)
and a first quarter amendment of the FY04/05 budget ($38,000) transferring funds from General
Fund retained earnings.
The current lease cost is $56,100.
Funds for this proposed lease are included in Beach Branch Library cost center in the
proposed FY 04/05 General Fund budget.
In response to a question, Library Director John Szabo said BJE Inc. would begin
improvements as soon as the lease is approved. They anticipate the improvements would take
three weeks to a month to complete. City Engineer Mike Quillen found the timeframe to be
rather short to prepare the plans, obtain permits, etc. In response to a question, Ms. Akin said
the Council could place a timeframe for improvements in the lease. The new lease would start
immediately upon moving into the facility.
Councilmember Hamilton moved to approve a five-year lease with BJE, Inc., 630 S.
Gulfview Blvd., Clearwater, FL for retail space in Pelican Walk at 483 Mandalay Avenue for use
as the Beach Branch Library, contingent upon completion of the structural improvements
necessary within five months, and authorize the appropriate officials to execute same that. The
motion was duly seconded.
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In response to a question, Ms. Akin said the current lease is month-to-month and either
party could terminate it in 30 days.
Upon the vote being taken, the motion carried unanimously.
12.8 Approve a five-year Business Lease Contract of the old North Greenwood Library at
1250 Palmetto Street to Le'azon Technoloav Institute. Inc.. a Florida not-for-profit
corporation. for total rent of $1 and other valuable consideration as defined therein and
authorize the appropriate officials to execute same.
The Library vacated the old Palmetto Street and Holt Avenue building following opening
of the new North Greenwood Branch Library at Palmetto Street and North MLK, Jr. Avenue. No
City department has a feasible use for the facility.
The Pinellas County School Board has expressed interest in acquiring the old library
property at a future date as part of its long-range school plans in the neighborhood.
In the meantime, Le'azon Technology Institute, Inc. ("Le'azon") proposes to lease the
facility for nominal rent for the purpose of offering economic development and technology based
educational training programs to neighborhood residents. In addition to funding all operational
and maintenance expenses, Le'azon has committed to fulfilling certain performance measures
in consideration of the City granting the lease.
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The performance measures include, but are not limited to: Creating a Community
Advisory Board for its programs, instructing a minimum of 100 students within the first year of
the lease in basic, intermediate and advance computer training courses, partnering with at least
5 businesses to identify and connect trainees with employment opportunities, and offer at least
three workshops on college preparation for students and their parents. Le'azon will document
compliance with the performance measures by providing the City Manager an annual report of
its activities. Non-compliance with the measures will be deemed a lease default and are subject
to remedy as provided in the lease.
The City may terminate the lease at its option in the event the City Council determines at
a duly constituted Council meeting that the property is needed for other municipal purposes and
provides the lessee at least 60-day notice of such intended use.
Councilmember Jonson moved to approve a five-year Business Lease Contract of the
old North Greenwood Library at 1250 Palmetto Street to Le'azon Technology Institute, Inc., a
Florida not-for-profit corporation, for total rent of $1 and other valuable consideration as defined
therein and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
12.9 Approve additional fundina for Beach Walk in Capital Improvement Proiect 315-92267
(Coronado/S. Gulfview Streetscape) in the amount of $12.439.775 continaent upon the
commencement of the Seashell Development proiect.
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The City has been investing in beach infrastructure for several years now to include the
Gateway to the Beach, Pier 60 Park, and Mandalay streetscape. Since those improvements, the
Clearwater Beach Just Market Values have increased from $563,737,400 in 1999 to
$996,4 75,100 in 2003, a 77% increase.
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In July 2001, as further investment in the beach, the City Council adopted Beach by
Design, a Special Area Plan including a comprehensive set of land use, mobility, transportation,
parking and design guidelines for Clearwater Beach. The Beach Walk project was designated
as a catalytic project in Beach by Design, which means it will significantly help to serve as a
catalyst for reinvestment and revitalization.
Due in large part to the plans for Beach Walk, various developers have shown an
interest in developing large resort hotels on south Clearwater Beach. However, they typically
want some level of assurance that the City intends to proceed with the project. Approval of this
agenda item will provide that assurance. Seashell Development has shown an interest and the
proposed value of their project is $65 million. After reducing this amount to 90% of the proposed
value and deducting the current value of the property to be developed ($3,055,000), this project
could increase the value of the property by nearly $58.5 million. Using the City's millage rate of
5.753, this could generate additional ad valorem taxes of over $335,000/year.
In November, 2002, the City Council approved a work order for Post, Buckley, Schuh &
Jernigan, Inc. to refine the Beach Walk concept presented in Beach by Design; obtain public
input on the project elements; complete final design, and prepare construction plans.
Assistant City Attorney Garry Brumback said this project is a valuable opportunity for the
City. Developers have shown interest and need this commitment.
Public Works Director Mashid Arasteh reported in September 2003, the City Commission
approved the conceptual plan for Beach Walk. She reviewed the sequence of the project.
Finance Director Margie Simmons reviewed the funding proposed and the impact on the parking
. fund and possible solutions.
A rendering of the proposed Hyatt project was provided.
Richard Gehring, Seashell Development, said the proposed Hyatt project would be a
world-class resort for the beach. He said Beach Walk is a very strategic component of the
project.
Brian Taub, Hyatt Beach Resort and Spa, expressed his excitement about this
opportunity. He said his firm has made a commitment for a $90 million resort with the Hyatt
flag, and believed it would bring more quality development to the area. In response to a
question, Mr. Taub said his firm has been involved with various developments in Tampa Bay for
more than 15 years. Currently, the Utopia is being developed on Sand Key.
Michael Schindler, Senior Vice-President for Development for Hyatt, said he is pleased
to be involved with this project. Mr. Schindler said Hyatt has recognized an investment
opportunity and has made a capital contribution to the project. In response to a question, Mr.
Schindler said the Hyatt in downtown Greenville, South Carolina is owned by them; the city
owns the public space. He said his firm operates 125 hotels, manages 122 and owns
approximately 40$ of the rooms in the domestic market. He said the West Coast of Florida is a
great destination, and with Beach Walk, the entire area has been raised to a new level. In
response to a question, Mr. Schindler said Beach Walk is a condition of his firm's involvement.
.
Discussion ensued in regard to the project and it was felt the Hyatt chain is a
tremendous opportunity for the beach and important to the economy. The City has been losing
hotel rooms to condominium conversions.
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In response to a question, Mr. Brumback said the City's participation in this project
severely limits its cash reserves for other projects. He noted redevelopment of the beach has
been the City's top priority. In response to a question, Mr. Brumback said he is very optimistic
about getting at least 50% of the $7 million pending in federal funding requests; however there
are no guarantees.
In response to a question, Ms. Simmons said the $2 million loaned from the parking fund
would become available for use for parking garages elsewhere. She said the City also could
consider issuing bonds. She said no funds would be taken from the Myrtle to Osceola Avenues
downtown streetscape project.
In response to a question, Public Works Administrator Mashid Arasteh said she is
hopeful FOOT will return to the City the $10 million relative to the new Memorial Causeway
Bridge. Ms. Simmons said that money already has been allocated for other projects.
Staff was requested to discuss with the developer the possibility of them paying for the
pedestrian bridge. The City Attorney said currently the City is to reimburse the developer for the
bridge.
Discussion ensued in regard to Beach Walk and the need to commit to it regardless of
the projects that may happen.
In response to a question, Ms. Akin the amended development agreement is scheduled
for October. Mr. Brumback said construction of Beach Walk is expected to begin in April 2005.
Councilmember Jonson moved to approve additional funding for Beach Walk in Capital
Improvement Project 315-92267 (Coronado/S. Gulfview Streetscape) in the amount of
$12,439,775 contingent upon the commencement of the Seashell Development project. The
motion was duly seconded and carried unanimously.
12.10 IAFF union neqotiations update.
Human Resources Director Joe Roseto said the selection of the Special Master to
address the impasse regarding union negotiations has been completed. The Special Master
Hearing will be not be scheduled until mid-September.
13. City Attorney Reports
13.1 Authorize a Civil Action aqainst Mid-Continent Electric. Inc. to Recover $676.53 for
Damaqe to City Property.
On September 14, 2000, employees of Mid-Continent Electric, Inc., hit a gas line in the
vicinity of 33380 U.S. 19, Clearwater, Florida. The contractor did not use safe and adequate
methods to determine the estimated location of the underground gas facilities, based on
accepted engineering and construction practices.
The incident caused damage to the City's gas line and loss of gas, resulting in required
repairs in the amount of $676.53.
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The Legal Department requests authority to bring a legal action against Mid-Continent
Electric, Inc. to recover the moneys owed to the City for the aforesaid property damage.
Councilmember Jonson moved to approve authorizing a civil action against Mid-
Continent Electric, Inc., to recover $676.53 for damage to City property. The motion was duly
seconded and carried unanimously.
13.2 Authorize the City Attorney to hire Thompson. Sizemore & Gonzalez as outside counsel
to represent the City in the case of Cynthia Bender v. City Of Clearwater in the total
estimated amount of $60.000.
The City of Clearwater was served with a lawsuit alleging that Ms. Bender's civil rights
were violated. The plaintiff is a former Human Resources Manager who alleges that she was
terminated because of discrimination based on gender and retaliation for engaging in protected
activities.
The City Attorney will assign defense of this lawsuit to Thompson, Sizemore & Gonzalez.
The initial budget is estimated at $60,000 for defense of this case. The funding of $60,000 will
come out of the City Attorney's professional services budget.
Councilmember Hamilton moved to approve authorizing the City Attorney to hire
Thompson, Sizemore & Gonzalez as outside counsel to represent the City in the case of
Cynthia Bender v. City Of Clearwater in the total estimated amount of $60,000. The motion
was duly seconded and carried unanimously.
. 13.3 Resolution #04-28. ConfirminQ State of EmerQency Declaration
A state of emergency in the City of Clearwater was proclaimed by William B. Horne, II,
City Manager, on August 12, 2004, based on conditions surrounding Hurricane Charley.
The entire City of Clearwater was threatened by the wind and rain and attendant
disruption of services and coastal areas were threatened by storm surge attendant to the arrival
of Hurricane Charley.
Conditions arising from the above-stated emergency have necessitated the
establishment of emergency procurement procedures.
Councilmember Hibbard moved to approve confirming a state of emergency declaration.
The motion was duly seconded.
In response to a question, Ms. Akin said due to the potential disaster from Hurricane
Charley, the City lifted P-Card limits and purchased $7,000 in emergency food supplies to feed
staff during the emergency.
Everyone was complimented for their efforts during the evacuation process.
Upon the vote being taken, the motion carried unanimously.
.
Resolution #04-28 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #04-28 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
14. City Manager Verbal Reports
14.1 County Water System - Storage/Blending Facility
Public Utilities Director Andy Neff reported the purpose of the facility is to provide a
single blended source of water for the entire County water system to alleviate water quality
issues the County is experiencing. He said the City has not experienced the same problems in
Clearwater. He said the City can better regulate chlorine and ammonia. The project includes
two storage tanks, transfer pumps and chemical feed systems, etc. at a cost of approximately
$71.8 million. He said there were other options that could either increase or decrease the cost.
Mr. Neff said the timeframe for the project is three years.
Mr. Neff said, in response to questions raised by the Board of County Commissioners,
Tampa Bay Water has declined to pay for the cost of the pumps, do a regional chlorine burn,
and lift some of the water quality standards. He said the effect on the City would be the cost
and would be factored into the cost of the water. In response to a question, Mr. Neff indicated if
the County does a blending, it will not affect the City's pipes or how the City treats its water.
Discussion ensued in regard to the rate increases due to the proposed blending facility.
The impact to the City is two additional years of County rate increases at 7% beyond the 10%
. rate increases now planned through 6/2007.
The City will support the initial chlorine burn by the County, analyze its impact and
provide a report with recommendations regarding whether to support future burns.
14.2 Florida Department of Transportation (FDOT) Request for Materials to Assist in
Recovery of Areas Impacted by Hurricane Charley.
Mr. Horne said FDOT has provided a list of materials to be used by areas impacted by
Hurricane Charley. Ms. Arasteh said the City will be reimbursed.
Councilmember Jonson moved to approve the Florida Department of Transportation
(FDOT) request for materials to assist in recovery of areas impacted by Hurricane Charley. The
motion was duly seconded and carried unanimously.
15. Council Discussion Items
15.1 Future of South Beach Pavilion
Councilmember Hamilton recused himself.
.
Marine & Aviation Director Bill Morris said Council direction was for a lease of 10 years in
order to attract a larger pool of proposals. Staff has looked at the South Beach Pavilion for its
value, needs and limitations, and upcoming development plans for Beach Walk to assure
compatibility in design, uses, access and competition. The building's current appraised value is
$223,515.
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FEMA (Federal Emergency Management Agency) limits what the City physically can do
to the structure in anyone year. This limitation/dollar threshold by percentage of building value
requires a phased approach of gradual upgrades over as much as four years to keep the
existing building and minimize the total cost in anyone year.
Exterior repairs such as the deck and ramps do not count against the FEMA dollar totals.
By utilizing the City's in-house Building and Maintenance, Code Compliance, and Building
Inspection staff, the necessary health and safety items can be done cost effectively, resulting in
a building that is functional, structurally sound, code compliant, and that has the necessary
amenities for beach patrons' minimum needs.
A look to the future brought forth the realization that there could be a significant change
in the ability of the South Beach Pavilion to rent beach umbrellas, chairs, and cabanas, or do
business in the beach footprint right in front of the future Seashell Resort. The Seashell has in
their agreement the exclusive right to do rental business on the beach immediately in front of
their resort as measured by extending their property lines west onto the beach to the high water
mark. This will have a significant impact on the area available to the South Beach Pavilion to
rent umbrellas, chairs, and cabanas, and could put the City in a dilemma with respect to
attracting a larger pool of proposals, knowing the rental area has significantly diminished
(greater than 30%). Additionally, when Beach Walk is done, it's intent is to encourage beach
patrons to cross the street and use retail services on the east side of Gulfview Boulevard as the
crosswalks will be more inviting and traffic will be less inhibiting.
.
Mr. Morris said the City is faced with restroom and ADA improvements, having a garage
for beach rake equipment and room to store beach umbrellas and distribution equipment. He
said staff is looking for direction on the need to continue vending food and beverage, the
feasibility of a long-term contract with an uncertain future mark, options if the vendor selected
fails, and a delay in issuing the RFP if no decision is made
The City is set to issue the RFP on October 1, 2004, pending a possible negotiation of
"beach rentals", and a legal review to develop the wording for the potential for loss of business
during the contract term.
Mr. Morris reviewed the present and future footprints of the area. He believed the
improvements could be made at a cost of approximately $90,000 with in-house personnel. He
questioned the feasibility of a long term agreement due to future developments and potential
conflicts on the beach.
Concern was expressed in too many vendors renting items on the beach. Ms. Akin said
while the Seashell's agreement includes an exclusive right to rent umbrellas in the area in front
of their facility, the Markopoulos agreement is similar but not exclusive. If the Hyatt exercises
their right to rent cabanas, they may rent them to the public, as well as their guests.
In response to a question, Marine & Aviation Director Bill Morris said the $90,000 is to
address public safety issues such as repair of the deck and restrooms.
.
Discussion ensued in regard to modifications to a structure being done over a period of
time rather than rebuilding. Concern was expressed FEMA regulations were being bypassed.
Building Official Kevin Garriott said the improvements are insurance-related, and every 12
months a property owner can renovate 50% of a structure. Mr. Horne said FEMA regulations
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allow the City to retain and use the building within existing guidelines. He found it cost
prohibitive to rebuild.
The general agreement was that the South Beach pavilion should remain. Allocation of
beach rental among vendors needs to be reviewed.
15.2 CreatinQ a Citizens Task Force SeekinQ Recommendations on How to Replace the
Harborview Center in 2009
Discussion ensued in regard to a forming a Task Force to review the utility of the
Harborview Center as the SteinMart lease expires in 2009. Concern was expressed the
landscape of Downtown may change dramatically in the next few years which could impact any
recommendation.
The majority of Council members felt it premature to establish a task force at this time.
15.3 Suncoast LeaQue of Cities Proiect Request - Jonson
Council member Jonson reported the Suncoast League of Cities is soliciting suggestions
from cities on issues of importance to governmental organizations in the region. He suggested
Clearwater's recommendations include: 1) regional transportation; 2) potable water relative to
future growth; and 3) building codes as they relate to citizens.
Discussion ensued and general agreement was to suggest addressing pedestrian and
speeding issues.
16. Other Council Action
Vice-Mayor Hibbard said it was nice to have Nagano students in Clearwater. He noted
Politics in the Park was a great event. He said everyone should be thankful Hurricane Charley
did not hit this area. He wished his wife a Happy Birthday. He welcomed Willie Rice as new
pastor of Calvary Baptist Church.
Council member Petersen extended prayers and thoughts to friends in the South. She
complimented staff for their efforts in preparing for Hurricane Charley. She gave an update on
TBRPC regarding FDOT's presentation of the Intermodal Feasibility Study that identified five
activity sites; Clearwater was not one of them. She noted community meetings on August 25 at
Crowne Plaza Hotel and the TBRPC Building on August 26. She appreciated meeting students
from Nagano.
Councilmember Jonson appreciated staff's commitment and efforts during Hurricane
Charley preparations. He was concerned about the lack of mobilization of the CERT group. He
noted Creative Tampa Bay is on August 19 at the Main Library and the th Annual Birding &
Nature Festival is in October at Eckerd College. He was saddened by the passing of his friend,
Kyle Barnes.
Councilmember Hamilton noted a problem finding gas on Thursday night. He expressed
concern when the evacuation order was lifted that anyone could go back onto the beach rather
than residents and business owners first. He suggested utility bills show evacuation zones. He
complimented staff on their handling of the hurricane situation.
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Councilmember Hibbard noted the County's website gives evacuation zones.
Mavor AunQst said he was thoroughly impressed with the evacuation plan and
everyone's cooperation. He noted the bridge to Sanibellsland still is closed. He mentioned the
grand opening of fire station #51 on August 25 on Overbrook Drive. He noted the August 24
Budget Work Session and August 30 Work Session.
17. Adiourn
The meeting adjourned at 8:21 p.m.
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