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12/16/2004 . . . CITY COUNCIL MEETING CITY OF CLEARWATER December 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 Patricia O. Sullivan City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Randy Morris, Woodlawn Church of God. 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 Employee of the Month Ron Hamm, Clearwater Gas System, was presented the December 2004 Employee of the Month award. 5 - Presentations: 5.1 Proclamation - Miniature Art Society The Mayor proclaimed January 2005 Miniature Art Month. 5.2 Brownfields Awards to Council Economic Development and Housing Manager Geri Campos presented two awards to the City Council received at the Annual State Brownfields Conference. 6 - Approval of Minutes 6.1 City Council - December 2, 2004 Councilmember Petersen moved to approve the minutes of the December 2, 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. Council 2004-12-16 1 . . . 7 - Citizens to be Heard re Items Not on the Agenda: Julie Thompson expressed concern regarding homeless related problems in her neighborhood near the Highland Avenue/Gulf-to-Bay Boulevard intersection. Public Hearings - Not before 6:00 PM 8 - Quasi-judicial public hearings 8.1 - Approve the Petition for Annexation. Land Use Plan Amendment from County Residential Low (Rl) to City Residential Low (Rl) and Zonino Atlas Amendment from the County R-3. Sinole-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1208 Claire Drive (Lot 9 of Stevenson's Heiohts in Sec. 10-29-15); and Pass Ordinances #7353-05. #7354-05 and #7355-05 on first readino. The subject site is at 1208 Claire Drive, on the north side of Claire Drive approximately 550 feet west of Betty Lane. The applicant is requesting this annexation to receive solid waste service. The property is contiguous with existing City boundaries to the north and west; therefore, the proposed annexation is consistent with Pinellas County Ordinance #00-63 with regard to voluntary annexation. The subject site is approximately 0.21 acres in area and is occupied by a single-family detached dwelling. 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 has 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 and represents 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 application at its public hearing on November 16, 2004 and unanimously recommended approval. Councilmember Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 1208 Claire Drive (Lot 9 of Stevenson's Heights in Sec. 10-29-15). The motion was duly seconded and carried unanimously. Ordinance #7353-05 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance #7353-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. Council 2004-12-16 2 . . . "Nays": None. Ordinance #7354-05 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance #7354-05 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 #7355-05 was presented for first reading and read by title only. Councilmember Hibbard moved to pass Ordinance #7355-05 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 - Administrative public hearings 9.1 - Approve the City of Clearwater FY2003-2004 Consolidated Annual Performance and Evaluation Report (CAPER). The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report, documenting the City's expenditures of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs funds to the U. S. Department of Housing and Urban Development (HUD). For FY (Fiscal Year) 2003-04, the City's allocations for the CDSG and HOME programs were $1,180,000 and $592,678, respectively. The CAPER document serves as the basis for program monitoring for compliance and for financial audits for all activities conducted during the FY 2003-04 as outlined in the Consolidated Action Plan for that program year. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD's Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater FY 2003-04 CAPER contains information on the City's assessment of activities: 1) Assessment of Three to Five Year Goals and Objectives; 2) Affordable Housing; 3) Continuum of Care; 4) Leveraging Resources; 5) Affirmatively Furthering Fair Housing; 6) Citizens Comments; and 7) Self-Evaluation. Through programs covered under the CAPER, over 38,567 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing and Economic Development programs. Also, during this past fiscal year 14 homes Council 2004-12-16 3 . . . were rehabilitated and five new homes were constructed through City CDBG and HOME Programs. The City's Neighborhood and Affordable Housing Advisory Committee approved the FY 2003-04 CAPER on December 7,2004. The FY 2003-04 CAPER is due to HUD no later than December 29, 2004. Councilmember Hamilton moved to approve the City of Clearwater FY 2003-04 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 9,2 - Declare property at 1250 Palmetto Street surplus to City needs. and approve an Aareement For Exchanae of Real Property with the School Board of Pine lias County. Florida conveyina same to the Board in exchanae for fee title to an 11,475 square-foot parcel. and easement over and across 25,477 square-feet of land. in Sec. 5-29-16. with estimated c10sina costs of $1.550. and that appropriate officials be authorized to execute same and all other instruments required to effect closina as described therein. The City's Reclaimed Water Service Area 19 that begins at McMullen-Booth Road and Union Street embraces the Elysium and Chelsea residential subdivisions, Sylvan Abbey Cemetery, McMullen-Booth Elementary School, and its environs. The subject Agreement provides that the School Board of Pinellas County ("Board") will convey the critical property interests described therein to facilitate construction of the Union Street Booster Station. The Booster Station is required to boost the system pressure from the low pressure effluent pipeline, connecting the City's Northeast APCF to the East APCF outfall, to feed irrigation systems within the service area. Although the interests being exchanged are not identical in value, the City Charter allows the transfer of surplus real property to another governmental entity for less than appraised value if the Council finds a valid public purpose for the transfer. Among Agreement provisions, the Board will convey its property interests to the City within 45 days of the Effective Date of contract. The City will retain title to the former library property for from three to five years following the Effective Date, during which time the City has entered into a lease of the library with Le'azon Technology Institute for up to five years. The lease was approved by Council on August 19, 2004, and provides for termination by the City if the property is required for another public purpose. Upon proper notice from the Board, delivered not sooner than three years following the Effective Date, the City will terminate the Le'azon lease and transfer title to the Board. Councilmember Jonson moved to declare property at 1250 Palmetto Street surplus to City needs, and approve an Agreement For Exchange of Real Property with the School Board of Pinellas County, Florida conveying same to the Board in exchange for fee title to an 11,475 square-foot parcel, and easement over and across 25,477 square-feet of land, in Sec. 5-29-16, with estimated closing costs of $1,550, and that appropriate officials be authorized to execute same and all other instruments required to effect closing as described therein. The motion was duly seconded and carried unanimously. Council 2004-12-16 4 . 9.3 - Approve the applicant's request to vacate the east 240 feet of the 40-foot riaht-of-wav of State Street. (adiacent to 1312 State Street), subiect to retainina a drainaae and utilitv easement over the full width thereof, and pass Ordinance #7370-05 on first readina, (VAC2004- 18 Reichel). The applicant seeks this vacation to expand the adjacent property to the north and proposes attached dwelling units and landscaping for use of the right-of-way, if it is vacated. Progress Energy, Verizon, Bright House and Knology Broadband have no objections to the vacation request, provided that a drainage and utility easement is retained. Public Works Administration has no objections to the vacation provided that a drainage and utility easement is retained over the full width of the right-of-way to be vacated. Councilmember Petersen moved to approve the applicant's request to vacate the east 240 feet of the 40-foot right-of-way of State Street, (adjacent to 1312 State Street), subject to retaining a drainage and utility easement over the full width thereof. The motion was duly seconded and carried unanimously. Ordinance #7370-05 was presented for first reading and read by title only. Councilmember Hibbard moved to pass Ordinance #7370-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. . 9.4 - Denv a development aareement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater and deny Resolution #04-39. The subject site is 2.739 acres (including First Street and a portion of South Gulfview Boulevard rights-of-way, excluding new Second Street right-of-way and a portion of Coronado Drive) and is located at 100 Coronado Drive and 201,215 and 219 South Gulfview Boulevard. On October 19, 2004, at the developer's request, the COB (Community Development Board) recommended denial. In her November 29, 2004 memorandum, Planning Director Cyndi Tarapani reported that K & P Clearwater Estate, LLC has purchased the Days Inn property formerly owned by Antonios Markopoulos. The new development entity submitted three applications including a site plan, vacation/dedication of rights-of-way, and a development agreement. The status of each application is described below along with the staff recommendation on each matter. On August 17, 2004, the COB approved a flexible site plan application for a resort hotel, its accessory uses, and residential condominiums. Subsequently, the City requested that the COB reconsider its decision for the sole purpose of adding requisite conditions to the original approval. On September 21,2004, the COB agreed to reconsider its approval and scheduled that reconsideration for October 19, 2004. On October 19, 2004, the COB amended its approval to attach three conditions, making the site plan approval contingent upon future decisions of the City Council: 1) approval of a development agreement; 2) approval of the vacation of rights-of-way (a portion of Gulfview Boulevard and all of First Street) and dedication of rights-of-way by the developer (new Second Street on southern end of site); and 3) approval . Council 2004-12-16 5 . of a land exchange, trading a portion of the City's northern right-of-way of Gulfview Boulevard for new right-of-way along Coronado Avenue. The land exchange is now part of the Development Agreement. Vacating First Street will allow consolidation of the entire site without any intervening vehicular way. Theoretically, elimination of an intervening right-of-way can facilitate a more effective site plan. However, in this instance, vacation of First Street has assisted in the creation of a form and design that overpowers both the site and surrounding area and does not meet the design guidelines of Beach By Design. The Development Agreement first was heard by the COB on August 17, 2004, along with the flexible site plan application. At that meeting, the COB continued the Development Agreement, with the developer's consent, for one month to address two outstanding issues: 1) to insure that the 50-year license agreement for the bridge was in compliance with the City Charter and 2) to attempt to increase public parking in the project. The Development Agreement was heard again by the COB on September 21, 2004. The new owner, K & P Clearwater Estate, LLC, through their representative, Patrick O'Connor, requested a continuance of one month to allow the new owner to assess the Development Agreement and the COB continued the item to October 19, 2004. On October 19, 2004, the developer's representative asked the COB to deny the Agreement, since it was not complete. The developer did not propose any changes to the development agreement from that submitted. The COB did recommend denial of the Development Agreement as written. . Several drafts of the Agreement have been presented to the City staff to revise some sections; however, there remain significant issues on which City staff and the developer do not agree. Major areas of disagreement are outlined. Allocation of Densitv Pool Units - The Development Agreement requires that the project consist of a minimum of 350 hotel rooms up to a maximum of 450 hotel rooms. The Agreement also allows that residential use may be included in the project pursuant to a conversion rate from hotel rooms to residential units on the basis of four hotel rooms for every three residential units (same conversion rate as in the Tourist zoning district) (Section 2.03.1 c and d). The developer currently has 200 hotel rooms on site and this nonconforming density and use were approved by the COB as a Termination of Nonconforming Use. Based on that approval, the developer converted 100 existing hotel rooms to 75 condominium units. The remaining existing 100 hotel rooms are proposed to be added to the requested 250 hotel rooms from the density pool to create a hotel with 350 rooms total. The COB approved the site plan for the project consisting of those uses: 350-room hotel with its accessory uses and 75 residential condominium units. However, it should be noted that the COB's approval of the site plan is contingent upon the Council's approval of an Agreement that allocates the density pool hotel units. It is acknowledged in the Agreement that any combination of hotel and/or residential use other than that previously approved by the COB will require a subsequent approval by the COB (Section 2.03.1 d). The applicant has requested approval of the allocation of 250 hotel rooms from the beach density pool. Although the City desires to encourage revitalization of the beach as . Council 2004-12-16 6 . . . contemplated in Beach by Design, the number of units requested by this project, along with the residential component of the project, has resulted in a design that does not meet the design guidelines of the beach plan. Therefore, the City does not recommend the allocation as requested and believes that this forms one of the major reasons for denial of the Agreement. The City would contemplate a revised project that reduces the size and scale of the project and meets the design guidelines of Beach by Design. It is expected that significant changes in both the design and scope of the project (measured by the number of hotel units and/or residential condominium units) would be necessary to meet the guidelines. Pedestrian BridQe across Gulfview Boulevard - The developer proposes a pedestrian bridge that spans Gulfview Boulevard and connects the hotel project with the beach. The Development Agreement refers to the bridge as "Pedestrian Access Improvements" (Section 2.03.1e, Item 24 in Definitions Section). On the hotel side, the bridge lands on the sidewalk with an outside stairway; in addition, hotel guests may access the bridge from the second level of the hotel. The City objects to the pedestrian bridge for several reasons. In general, the City does not support the concept of a pedestrian bridge due to the potential for this structure to block views along Gulfview Boulevard and the potential for additional requests for bridges that could clutter the visual appeal of Gulfview Boulevard. Specifically, the City does not support this bridge as proposed by the developer due to its beachside landing and conflicts created with the City's lifeguard building. The City structure currently houses the lifeguard station/office as well as the parking collection facility for the Pier 60 parking lot. According to the proposed plans, the proposed bridge landing is extremely close to, if not adjacent to, the City's building, which will create difficulties in retaining the existing building and accommodating the new bridge. The City requested that Post Buckley Schuh & Jernigan, its design consultant for Beach Walk, evaluate the effect of the proposed bridge on the City's building. Post Buckley responded on November 19, 2004 as follows: "If the Patel development continues with its plan to develop a bridge from its hotel development to the Lifeguard building, the existing building will need to be demolished, because there is little chance of renovating this building to accommodate the stairs and elevator needed for the bridge. Once demolished, the chances of reconstructing this building somewhere else in the general vicinity, west of the CCCL (Coastal Construction Control Line) line and within the VE flood zone, are slim at best. Furthermore, if the City were able to reconstruct, the building would be very different in appearance and function due to the requirement of the VE Flood Zone determination. Finding a location is also difficult, because Pier 60, the Pier 60 parking lot and the relocated Gulfview Boulevard greatly limit the possible locations that would be suitable for the new building." Mahshid Arasteh, Public Works Administrator, further estimates the cost of reconstructing the Lifeguard building, if permits could be issued, at $165 to $185 per square-foot for 1,800 square-feet, for a total estimated cost of between $297,000 and $333,000. It also should be noted that this estimate is in current dollars and should be increased 10% per year for each year construction is delayed. Finally, instead of recognizing the necessity of CDB approval for a change in the location of the bridge landing, the Agreement proposes to make this change a minor change not requiring review by the CDB (Item 24 of the Definitions Section). The authority for site plan review rests with the CDB, not the City Council; therefore, this provision is a violation of the City's Community Development Code. In addition, the Agreement proposes that the Developer Council 2004-12-16 7 . . . and City staff would agree to a bridge location within 30 days after approval of the Agreement. There have been many previous attempts to negotiate an acceptable location with the developer, and all to no avail thus far. To postpone agreement on this important issue, which has many connections to other design issues of the project until after approval of the Agreement, is neither logical nor appropriate. The uncertainties in reconstruction, coupled with the developer's refusal thus far to relocate the beachside landing of the bridge to a location agreeable to the City, creates an unacceptable situation. Therefore, the proposed bridge forms the second major reason for staff's recommendation of denial of the Development Agreement. Public Parkin!:! within the Proiect - The COB-approved site plan includes 15 parking spaces open to the public and located on the first floor of the structure, accessed from the garage entrance on new Second Street. These spaces are in addition to the parking required by the development and would be operated by the developer as paid parking spaces on a first- come first-serve basis. Through the pending development agreement, the developer proposes to increase the public parking from 15 to 100 spaces (Item 29 of the Definition and Section 2.03.1 a). However, the developer has not provided revised site and building plans to detail the location of these spaces. Since no definition of the proposed spaces has been provided by the developer, it also is unclear whether this proposal results in an actual net increase of 85 spaces or whether the proposal is merely a re-allocation of the use of the same number of parking spaces, i.e., defining the spaces as "public spaces" that are the required spaces for either the hotel or residential use or both. If the developer intends to provide an actual increase in the public spaces, it is expected that significant changes to the parking layout will be necessary to accommodate these additional 85 spaces. Since no revised plans have been submitted, it is unclear if the 100 public parking spaces still can be located on the first level of parking. Currently, all parking for the residential condominium units also are located on the first floor, which eliminates the need for residents to use the car elevators; rather residents would access their parking directly via the Second Street garage entry. It is unclear if the residents' parking will remain on the first level or be relocated to another floor, necessitating the use of the car elevators for 150 additional cars than originally approved and evaluated. Staff remains concerned about the size of the porte cocherelentryway to the hotel and is increasingly concerned if an additional 150 cars will now use this limited area for access to the car elevators and garage. The COB approved stacking spaces for the hotel portion of the development only. If a net increase in parking is proposed, it is expected that additional stacking spaces will be needed for the residential portion of the project, which requires a new COB review and approval, since stacking spaces are not code-compliant. It also should be noted that the developer has proposed a "Parking Protocol," which establishes the operation of parking and access for hotel guests, public parking, and residents' parking (Section 5.05.4). The Parking Protocol requires the hotel management to use an adequate number of valets to handle traffic volumes, to close the porte cochere when full to capacity, to provide written directions to visitors to the Second Street garage entrance, and to require hotel event planners to encourage use of the Second Street garage entrance by event! meeting attendees. While all provisions of the Parking Protocol are logical efforts to manage traffic, the design of the porte cochere and use of car elevators have the effect of making the Council 2004-12-16 8 . . . project more reliant on operations rather than on an effective access and parking design. This almost total reliance on operations, that may vary with different hotel owners or managers, is a tenuous situation and staff remains concerned about the potential for traffic to backup into Gulfview Boulevard or Coronado Drive. The City also is opposed to the developer's proposal in Section 5.05.4b that eliminates the requirement for valet service as described in the Parking Protocol, if the CDB eliminates the need for a valet service. This provision has the effect of amending the development agreement through CDB action; clearly, the only allowable mechanism in the City code to amend the Development Agreement is through City Council action. Finally, instead of recognizing the necessity of CDB approval for changes to the parking layout in the garage, the Development Agreement states that the Developer "may" seek approval of the CDB for changes in parking and access. Therefore, the site plan attached to this Development Agreement is not the final version of the site plan since staff believes that most, if not all, parking alternatives will require additional review by the CDB. In summary, the provision to circumvent CDB review of a revised parking layout and the lack of certainty about the project's ability to meet its parking demands form the third major reason for staff's recommendation for denial of the Development Agreement. Other major provisions of the Development Agreement that should be noted: 1) Lenoth of the Aoreement - 10 years (Section 16.18); 2) Lenoth of Approval of Density Pool Units - In order to retain and use the 250 hotel units from the pool, the developer must either pay his fair share for Beach Walk no later than two years from the Effective Date of the Agreement or the project's Commencement Date must be within three years from the Effective Date of the Agreement. If one of these dates is not met, the allocation of hotel units shall expire. The Commencement Date is defined as the date that the Developer commences construction on the foundation or other structural element of the project. Per Florida Statute, the Effective Date is 30 days after receipt of the Agreement by the State Department of Community Affairs. (Section 3.01.3 and Definition Section); 3) Quality Standards - The project may be either a four-star, four- diamond rating from AAA or the Mobil Travel Guide or a three-star, three-diamond rating with additional amenities. If the project elects the four-star rating, no further City monitoring is required. If the project elects the three-star plus amenities rating, then the City has the right to monitoring and enforcement proceedings for the life of the Agreement. (Section 2.03.5); 4) Beach Walk Payment - The developer will pay his pro rata share of the construction cost of Beach Walk based on the frontage of the project as a proportion of the entire road project. If the City commences construction of Beach Walk prior to the developer's application for the first building permit, then the Developer must pay his fair share prior to issuance of a building permit. The Developer's fair share may be in the form of a letter of credit, trust account, or escrow facility. If the Developer is ready to commence construction prior to the City beginning Beach Walk, then the City must solicit bids within 45 days of the Developer's notification that he intends to construct and the fair share is due to the City upon award of the construction contract. (Section 5.05.7). It should also be noted that the City is required, pursuant to Section 5.05.7c, to require any developer, fronting on Beach Walk who requests hotel units, to pay its fair share for those improvements. The only other project that currently meets these two requirements is the Taub/Hyattt project whose recently approved Development Agreement also requires them to pay their fair share of Beach Walk; 5) Land Exchanoe - The City will exchange a portion of South Gulfview Boulevard along the north property line of the site for the Developer's property of additional right-of-way along Coronado Drive. (Section 5.03.6); and 6) Relocated First Street/New Second Street - Upon the City's vacation of First Street, the Developer shall Council 2004-12-16 9 . construct new Second Street including pavement, sidewalks, and streetscaping. It should be noted that the vacation of First Street is not effective until the Developer commences construction of the project. (Section 5.05.3) In summary, the City Administration recommends denial of this Development Agreement as presented: 1) The Allocation of hotel units from the density pool creates a design and form that does not meet the intent and design guidelines of Beach by Design: 2) The Developer proposes a beachside landing to a pedestrian bridge that creates a major conflict with the City's lifeguard building and the Developer has refused to relocate the bridge. Further, the Developer proposes relocating the bridge after approval of the agreement without requisite review by the CDB; and 3) The Developer proposes an increase in the approved public parking from 15 to 100 spaces without agreeing to required review by the CDB nor has he detailed related changes to the site plan which are expected to result in unanticipated effects on the access and parking for the project. It also is unclear whether this proposal results in a net increase in the number of parking spaces or whether the proposal is merely a re-allocation of the use of the same number of parking spaces. Planning Director Cyndi Tarapani reviewed the project and changes, recently proposed by the developer, regarding the location of the pedestrian bridge, the building's mass, and the parking agreement. . Attorney Tim Johnson, representative, reviewed the request, stating Dr. Kirim Patel had purchased the property recently based on CDB approval of a site plan that included 350 hotel rooms and 75 condominiums. He said the applicant had requested CDB denial of the Development Agreement to resolve outstanding issues. The applicant feared a negative vote would delay a resubmittal for one year. Mr. Johnson stated the proposal would replace substandard hotel properties with a high- quality convention resort, and assure the widening of Coronado Drive and construction of BeachWalk. He distributed a project comparison with the Hyatt, stating the projects are similar when considering the size of the sites. He found this project to be less intensive and noted compliance with Beach by Design is not a criteria for granting bonus units. Mr. Johnson said during discussions with the Westin, that flag had supported the proposed pedestrian bridge to provide hotel patrons safe beach access. He said the developer is willing to negotiate a new location, pay for the bridge, and go through the process required for relocation. He said the bridge would be eliminated from the proposal if it cannot be permitted for construction west of the CCCL. Concern was expressed regarding parking protocol. Mr. Johnson said the developer agreed to dedicate 85 parking spaces throughout the parking structure for public use at all times, in addition to 15 ground level self-park spaces. He said the hotel will maintain records to prove this condition is met. He said a generator will provide backup power for the elevators, which, according to the submitted traffic study, will move three cars per minute. The hotel entrance will be closed whenever necessary to prevent traffic backups into Gulfview Boulevard. He said every aspect of running a 4-star hotel is management intensive. Mr. Johnson said the owner has made a substantial investment in the property and would consider constructing 150 condominiums, as a matter of right, if this request is denied. . Council 2004-12-16 10 He said the proposal would add public parking, allow for the widening of Coronado Drive, and . complement the Hyatt project. Twelve people spoke in favor of the proposal and one person spoke in opposition. One person recommended maintaining four lanes of traffic on Coronado during BeachWalk construction. In response to a question, Ms. Tarapani said if the City Council denies the request, the developer cannot submit the same proposal for one year, unless substantial changes to the plan address reasons for denial. Concern was expressed in a substantial density pool allowance being invested in a design that did not meet Beach by Design standards. Discussion ensued and it was recommended the number of condominiums and parking spaces be reduced and that a tier design be considered to limit the massiveness of the project. Concern was also expressed regarding the uncertainties of the project related to the pedestrian bridge, parking and the proposed notch out in the center of the building. . Dr. Patel's investment in the community was welcomed. Discussion ensued regarding a continuance of this item and recommendations were made the applicant work with staff, staff be more proactive and provide clear examples of acceptable alternatives, the project include dedicated public parking, the bridge proposal be designed to provide public access and be ADA (Americans with Disabilities Act) compliant, the project not be overwhelmed by condominiums, and a simulation be submitted that illustrates the project's compatibility with its surroundings. Council member Hamilton moved to continue Item 9.4 to February 3, 2005. There was no second. Discussion ensued regarding the time necessary for staff review before the item can be brought back for consideration. Councilmember Hamilton moved to continue Item 9.4 to February 17, 2005. The motion was duly seconded and carried unanimously. The City Council recessed from 8:29 to 8:36 p.m. 9.5 - Deny the applicant's request to vacate a portion of 60-foot street rioht-of-way of First Street beoinnino at the northwest corner of Lot 48 of L1oyd-White-Skinner Subdivision (A.K.A. 100 Coronado Drive) and more particularly described in Exhibit "A", subiect to specified conditions, and deny Ordinance #7371-05 on first readino, (V2004-02 K and P Clearwater Estate, LLC). Councilmember Hamilton moved to continue Item 9.5 to February 17, 2005. The motion was duly seconded and carried unanimously. . Council 2004-12-16 11 . . . 9.6 - Denv the applicant's request to vacate two portions of South Gulfview Boulevard. one beinQ located alonQ the north property line of Lot 1. Block A. Columbia Subdivision (A. K.A. 100 Coronado Drive) and the other adiacent to the west lot lines of Lots 44.48 and 52 throuQh 55 inclusive. said riQht-of-wav portions beinQ more particularlv described in Exhibit "A". subiect to specified conditions and deny Ordinance #7372-05 on first readinQ. (VAC 2004-04 K and P Clearwater. LLC). Councilmember Hamilton moved to continue Item 9.6 to February 17, 2005. The motion was duly seconded and carried unanimously. 10 - Second Readings - public hearing 10.1 - Adopt Ordinance #7321-04 on second readinQ. amendinQ water and sewer utilitv rates. Ordinance #7321-04 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance #7321-04 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 #7352-04 on second readinQ. amendinQ Sec. 33.067 of the Code of Ordinances reQardinQ defined areas for no internal combustion motors on Sand Kev. Ordinance #7352-04 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance #7352-04 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 transfer of UP to $100.000 to establish a proiect within the Special ProQram Fund to pay for professional services associated with the development of the City's 5-vear Consolidated PlanninQ document. Analvsis of Impediments to Fair HousinQ document. and for the Master PlanninQ of the Jack Russell site. 11.2 - Appoint Mr. Robert GoinQ to a two-year term endinQ December 31. 2006. as a Trustee of the Clearwater FirefiQhters' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. 11.3 - Award a contract to Alan Jav Automotive Network for the purchase of three 2005 Chevrolet 2500 3/4-ton Suburbans. at a cost of $86.199 in accordance with Sec. 2.564(1 )(d)- Florida Sheriff's Association & Florida Association of Counties Contract #04-12-0823 and authorize lease purchase under the City's Master Lease Purchase aQreement. Council 2004-12-16 12 . . . 11.4 - Approve the acceptance of a FY 2004/2005 Assistance to Firefiohters Grant in the amount of $293.248 from the Department of Homeland Security. and approve City matchino funds in the amount of $125,677, for a total proiect budoet of $418,925. 11.5 - Approve settlement of the entire workers' compensation claim of Timothy Hannas. to include indemnity. medical. and attorney fees for the sum of $150.000 and authorize the appropriate officials to execute same. 11.6 - Accept Utility Easement with Hammerhead's Hardware, L.L.C.. a Florida limited liability company. d/b/a Ace Hardware. 1015 West Bay Drive, Laroo. Florida 33770 within Sec. 33-29- 15. Pinellas County, Florida. as described in detail in Exhibit "A" of the easement. 11.7 - Approve an aoreement with the National Ocean Service (NOS) - National Oceanic and Atmospheric Administration for a water level and weather observation station on Bio Pier 60 and authorize the appropriate officials to execute same. 11.8 - Approve acceptance of a Federal Aviation Administration (FAA) orant to repair/replace the damaoed Fixed Base Operator's roof at the Clearwater Airpark. 11.9 - Authorize creation of a Capital Improvement Proiect for repairs and modifications to the South Beach Pavilion and approve transferrino $90,000 from General Services Retained Earninos to fund the proiect. 11.10 - Accept a 50.59 square-foot Drainaoe and Utility Easement conveyed by Curtis B. Small ("Grantor") over and across a portion of Lot 2. Kellett's Subdivision. in receipt of $1 and other valuable consideration as defined therein. 11.11 - Approve the McKim & Creed Work Order for Construction Enoineerino Inspection (CEI) Services for the Northeast Filter and Marshall Street Blower Motor Control Centers (MCC) Rehabilitation Proiect (03-0066-UT) in the amount of $167.400. and that the appropriate officials be authorized to execute same. 11.12 - Award a contract to American Water Services Underoround Infrastructures, Inc.. (formally known as Azurix North American Underoround Infrastructure. Inc.) in the amount of $250.000 for sanitary sewer line rehabilitation at various locations throuohout the Citv of Clearwater. usino the City of Laroo Aoreement for Sanitary Sewer and Stormwater Inversion Linino contract (#02-B-871) awarded September 3. 2002. 11.13 - Approve Chanoe Order #1 to Aquatic Plants of Florida, of Sarasota. Florida for the 2004 Kapok Wetland and Floodplain Restoration Proiect (99-0085-EN) which increases the contract amount by $29,637.70. for a new contract total of $183,663.81. and authorize the appropriate officials to execute same. Council 2004-12-16 13 . 11.14 - Approve a work oider in the amount of $295.190 to Wade-Trim. an Enoineer of Recoid. for professional services to prepare the City's Evaluation and Appraisal Report (EAR) of the Comprehensive Plan and increase the Capital Improvement Prooram budoet by $215.392 of oeneral fund revenue. $29.519 of water and sewer revenue. $29.519 of stormwater revenue. $14.760 of marine and aviation revenue and $6.000 of solid waste revenue. for a total increase of $295.190. and authorize the appropriate officials to execute same. 11.15 - Develop additional criteria to be added to the Neiohborhood Conservation Overlay District (NCOD) provisions in the Community Development Code to assist in desionatino neiohborhoods elioible to pursue NCOD desionation in 2005 and accept applications and undertake one NCOD plannino process in 2006. 11.16 - Approve the conversion of the part time Staff Assistant position in the City Attorney's Office to a full-time Senior Staff Assistant position. addino the eQuivalent of .3 FTE. 11.17 - Authorize the City Attorney to institute a Quiet title action to clear a cloud on the title of property located at 1108 Enoman Street. Clearwater, Florida. and owned by the City of Clearwater. Leoal Description: Lot 37. Block B. Greenwood Park #2. accordino to the map or plat thereof as recorded in Plat Book 81. Paoe 16-T. of the Public Records of Pinellas County, Florida. Purchasing 11.18 - Knioht Enterprises - Installation of oas mains and service lines durino the contract period January 1. 2005 throuoh December 31, 2005. at a cost not to exceed $950.000. . Council member 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. 12 - Other Items on City Manager Reports 12.1 - Adopt Resolution #04-36 establishino the intent to reimburse certain Water and Sewer proiect costs incurred with proceeds of future tax-exempt financino. A Water and Sewer rate study has been completed which recommends implementation of water and wastewater rate increase of 7% in FY 2006, and 6% rate increase in FY 2007, FY 2008, and FY 2009, and reclaimed water rate increases of 29.4% in FY 2006 and FY 2007 with subsequent increases of 6% annually in FY 2008 and FY 2009. These rate increases are sufficient to provide for operations, capital projects, and debt service on bonds issued. The rate study identified a need for approximately $135.6 million in capital projects through FY 2009, with $28,812,375 to be funded with bond proceeds in FY 2006 and $49,101,449 to be funded with bond proceeds in FY 2008. The date of issuance will be determined at a later date based upon market conditions. The Water and Sewer Fund will be incurring expenses on these projects prior to the issuance of the bonds. This reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds. . Council 2004-12-16 14 . . . Council member Jonson moved to establish the intent to reimburse certain Water and Sewer project costs incurred with proceeds of future tax-exempt financing. The motion was duly seconded and carried unanimously. Resolution #04-36 was presented and read by title only. Councilmember Hamilton moved to pass and adopt Resolution #04-36 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. 12.2 - Pass on first readino Ordinance #7373-05. alionino construction advertisino reauirements with ouidance provided in the 2004 Florida Statutes. Chapter 255. The 2004 Florida Statutes Chapter 255 specifies advertising requirements for county, municipality, and other political subdivisions when construction project costs exceed $200,000 and $500,000. This change will align the City requirements with those required by Florida Statutes. Current advertising requirements for goods and services and for construction projects where the cost of the project is $200,000 or less will remain one time in a newspaper of general circulation within the City and at least 10 calendar days prior to the established opening of the bids. Construction projects, where the cost of the project exceeds $200,000, shall be publicly advertised at least one time in a newspaper of general circulation within the county where the project is located and at least 21 days prior to the established opening date and at least 5 days prior to any scheduled pre-bid conference. Construction projects where the cost of the project exceeds $500,000 shall be publicly advertised at least one time in a newspaper of general circulation within the county where the project is located and at least 30 days prior to the established opening date and at least 5 days prior to any scheduled pre-bid conference. Councilmember Hibbard moved to align City construction advertising requirements with guidance provided in the 2004 Florida Statutes, Chapter 255. The motion was duly seconded and carried unanimously. Ordinance #7373-05 was presented for first reading and read by title only. Councilmember Hamilton moved to pass Ordinance #7373-05 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst. "Nays": None. Council 2004-12-16 15 . . . 12.3 - Request City Council discuss and provide ouidance on Resolution #04-38 authorizino chanoes to the recentlv amended commercial and private dock permits for storaoe of vessels at the Clearwater Municipal Marina and the conditions surroundino the turnover of business ownership at the Clearwater Municipal Marina. City Council approved Resolution #04-14 on July 15, 2004. The resolution modified the commercial and private dock permits, and included a transfer fee equivalent to three year's base rent in effect at the time of a sale, payable by the purchaser. Afterward, about twenty charter fishing boat captains met with the Harbormaster to address issues/concerns they had with the changes to the dock permits. Several tenants separately approached the City Manager, who has asked that staff bring the dock permit changes back to the City Council for additional review. The following changes were discussed with the majority of the charter fishing boat owners and the Marine Advisory Board and are submitted for consideration/approval: 1) Amend the transfer fee for current tenants to allow the boat ownership transfer to include retaining the slip to be the dollar equivalent of one year's base rent in effect at the time of the sale of a boat, for current commercial and private tenant sales; 2) All current commercial and private tenants only will have to inform prospective buyers of a one-year transfer fee; 3) Future owners will have to inform prospective buyers of a three-year transfer fee, as established by Resolution #04-14; and 4) Approve a no transfer fee for a business sold to a boat captain or crewmember, with proof of being with the business for five years or more. Virtually every tenant requested a longer term dock permit or a lease so that they had a document with a term greater than thirty days they could use when financing a boat repair or upgrade or that a new purchaser could use to help get finanCing to buy an existing business. They addressed the following items and wanted no transfer fee: 1) Establish a three-year dock permit for commercial tenants by an addendum to their docking permit; 2) Re-institute a provision to discourage changes in business form by instituting a fee equivalent to five years slip rent fee at time of sale for any business desiring to change the business from its current form to another type of business; 3) Charge a fee to both remain on or be placed on both the commercial waiting list and the private slip waiting list. These fees would be held by the marina and any interest on these fees be retained by the marina as an administrative fee. If a person requested to be removed from either waiting list they would be returned the principal amount only. The tenants felt the fee should be substantial and suggestions ranged from $5,000 to $1,000 for commercial slips. Other marinas charge fees of $75 to $100 to be on a waiting list for recreational boat slips. Some are refundable some are not. The charter fishing boat captains requested this item be continued for further discussions with the Harbormaster. Councilmember Hamilton moved to continue Item 12.3 to January 20,2005. The motion was duly seconded and carried unanimously. Council 2004-12-16 16 . 12.4 - Award the South Beach Pavilion lease to Steve and Lisa Chandler for a 1 O-year term beoinnino January 1, 2005. for a ouaranteed minimum lease payment of $1.000,080. in equal payments of $8.334, plus annual payments of yearly oross sales. excludino beach rentals: 20% from $750.000 to $1,000.000. 22.5% from $1,000,001 to $1.500,000 and 25% above $1,500.001, plus monthly payments of 40% of monthly oross beach rental sales for the term of the lease. plus $2,500 per year to the Clearwater Beach Patrol Lifeouards for the term of the lease and authorize the appropriate officials to execute same. RFP 02-05 was released on October 1, 2004 for a 10-year lease of the South Beach Pavilion. Six proposals were received. The criteria for evaluating the responses to the RFP (Request for Proposals) included such items as similar experience, responsiveness, references and financial return to the City. In order to evaluate the financial return to the City, the past three years of audited financial reports of the South Beach Pavilion's performance were used to compare each proposal's financial projections. The review team of the Directors of Planning, Economic Development, Parks and Recreation, Marine and Aviation, the Assistant Finance Director, and an Assistant City Attorney evaluated the responses and developed a short-list of four from which to receive oral presentations. The financial return proposed by the four short-listed responders ranged from $153,000 to $2,602,500. Two proposals included financial returns not required by the RFP. One provided support for the beach lifeguard program, the other support for Capitol Improvement Projects. . At the oral presentations on November 23, 2004, the review team evaluated the presenters experience with the local community, municipal contracts, their ability to manage beach rental inventory, and their understanding of the criteria outlined in the RFP. Based on the financial return to the City, along with their experience in providing beach services, particularly beach rental, the review team chose the proposal submitted by Steve and Lisa Chandler as the most responsive. The Hamilton family was thanked for 35 years of service operating the South Beach Pavilion and the Chandlers were congratulated on this new endeavor. Councilmember Hibbard moved to award the South Beach Pavilion lease to Steve and Lisa Chandler d/b/a Fields, Inc. for a 1 O-year term beginning January 1, 2005, for a guaranteed minimum lease payment of $1,000,080, in equal payments of $8334, plus annual payments of yearly gross sales, excluding beach rentals: 20% from $750,000 to $1,000,000, 22.5% from $1,000,001 to $1,500,000 and 25% above $1,500,001, plus monthly payments of 40% of monthly gross beach rental sales for the term of the lease, plus $2,500 per year to the Clearwater Beach Patrol Lifeguards for the term of the lease and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 12.5 - IAFF Union neootiations update. Human Resources Director Joe Roseto reported the City will continue to work with the Union to draft an impasse resolution acceptable to the City. Both sides retain their right to declare an impasse. . Council 2004-12-16 17 . . . 13 - City Attorney Reports 13.1 - Settino impasse hearino re: IAFF contract. if needed. - None. 14 - City Manager Verbal Reports 14.1 - Provide direction re lanes on Coronado Drive and Water Features on BeachWalk. Staff provided warranty and other information related to the proposed fountains. Discussion ensued with comments that BeachWalk will provide significant visual interest, and the maintenance for fountains operating near sand would be too expensive. Richard Claybrooke, of PBS&J, suggested more extensive artwork hardscape along BeachWalk could include play features for children to climb. Consensus was to retain four lanes of traffic on Coronado Drive during construction of BeachWalk and eliminate proposed water features from the BeachWalk design. 15 - Council Discussion Items 15.1 - Fillino Vacancy of Mavoral Seat Tomorrow is the last day to qualify as a candidate in the City's March 8,2005 General Election. As of today, there is only one candidate for each of the seats up for election. Consensus was to schedule a special meeting for January 4,2005, at 8:15 a.m., to appoint Mayor-elect Hibbard to fill the unexpired term of Brian Aungst, and to appoint Council member- elect Doran to the unexpired term left by Hibbard's appointment to Mayor if no additional candidates qualify to run by tomorrow's deadline. 16. Other Council Action Councilmember Hibbard requested staff consider an alternate date for the January 2005 meeting; congratulated UPARC on its successful golf tournament; represented the Mayor at the Youth Concert at Ruth Eckerd Hall; and met with Senator Bob Graham at the Main Library. Councilmembers Peterson and Jonson found the Community Development Code training helpful. Councilmember Jonson recommended scheduling discussion of the Code. Councilmember Peterson said the DDB (Downtown Development Board) had a special meeting on Tuesday and is planning a retreat in February 2005. Council members Peterson and Hamilton enjoyed participating in the holiday parade and thanked citizens for their participation. Councilmember Jonson thanked Councilmember Hibbard for supporting his appointment to the MPO (Metropolitan Planning Organization) Local Coordinating Board for the Disadvantaged and enjoyed participating in staff holiday festivities. Council 2004-12-16 18 . . . ---, Councilmember Hamilton thanked Councilmember Hibbard for his efforts lobbying the County Commission and said he looks forward to filling the elected official position on the TOC and he encouraged residents to support the Library Foundation, which held its annual holiday event last week. Mavor Aunost congratulated Councilmember Hamilton on his appointment to the TOC. He announced this is his last meeting as Mayor, saying it has been a privilege and honor to serve on the Council for six years and that he enjoyed working with staff and his Council peers. The Council wished Happy Holidays to all. 17 - Adjourn The meeting adjourned at 9:06 p.m. ----..--- Council 2004-12-16 19