02/17/2005
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CITY COUNCIL MEETING
CITY OF CLEARWATER
February 17, 2005
Present: Frank Hibbard
William C. Jonson
Hoyt P. Hamilton
Carlen Petersen
John Doran
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, followed by a moment of
silence in memory of City employees who recently passed away. The invocation was offered by
Reverend Donna Oberkreser from Central Christian Church. The Vice-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 - None.
5 - Presentations:
5.1 Key to the City to Willa Carson
Mayor Hibbard read the Governor's letter honoring Willa Carson's receipt of the Points of
Light Award and presented Ms. Carson with the key to the City. Former Senator Jack Latvala
recognized Ms. Carson's contributions.
6 - Approval of Minutes
6.1 City Council - February 3. 2005
Councilmember Petersen moved to approve the minutes of the regular meeting of
February 3, 2005, as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
Vickie Alexiou expressed concern a local boat yard is being closed.
John Wiser congratulated the Council on their positions, referenced the passing of Lois
Klein, said school bus drivers are concerned regarding a student's death, reviewed 2004
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Countryside projects, looked forward to future CIP projects for Countryside, and said too many
streetlights on Countryside Boulevard are dark.
Shandla Taylor and Delphine Abrams requested help resolving a dangerous situation in
the North Greenwood neighborhood.
Neil Straylow and Brooks McCrea requested the operating procedure protocols at
Clearwater Airpark be reviewed and all airplanes be reinspected, and thanked the Fire and
Police departments for their help following Tuesday's airplane crash into their neighborhood.
Sheila Cole recommended the City not charge residents to park at City Hall when doing
business.
Public Hearings - Not before 6:00 p.m.
8 - Quasi-judicial public hearings
8.1 Approve the Annexation. Land Use. Plan Amendment from the Residential Suburban (R-S).
cateqorv to the Residential Low (RL) cateqorv. Zoninq Atlas Amendment from the R-R, Rural
Residential District (County). Commercial (C) District (City of Clearwater) and Open
Space/Recreation (OS/R) District (City of Clearwater) to the Low Medium Density Residential
District (LMDR) (City) and a Development Aqreement between LaSalle Realty. LLC and the City
of Clearwater for property located at 25191 U.S. Hiqhway 19 North. and pass Ordinances
#7356-05. #7357-05. #7358-05. #7386-05. and #7387-05 on first readinq and adopt Resolution
#05-08.
The subject site is comprised of three parcels of land totaling 4.28 acres in area. It is
located at the western terminus of Chautauqua Avenue, approximately 550 feet east of U.S.
Highway 19 North. The annexation, land use plan amendment, and rezoning are requested by
the applicant, LaSalle Realty, LLC, which intends to construct a non-residential off-street
parking lot to service the existing car dealership (Dimmitt Cadillac) located to the west of the
subject site.
The applicant is requesting this annexation in order to consolidate the entire property
within a single municipality. The applicant does not currently receive nor need water or sewer
service from the City of Clearwater at this time as the existing and proposed use of the site is a
parking lot. The applicant is aware of the costs to extend service to this site, as well as the
applicable impact fees and utility deposits in the event service is ever needed.
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan,
the Community Development Code and Pinellas County and Florida Law; and 3) The proposed
annexation is contiguous to existing municipal boundaries, represents a logical extension of the
boundaries and eliminates an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas
County staffs according to the provisions of Pinellas County Ordinance #00-63, Section 7(1-3),
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and no objections have been raised. The applicant is requesting to amend the Future Land Use
Plan Map designation for this 4.28-acre site from RR, Residential Suburban (County) to
Residential Low (RL) (City) and to rezone it from the R-R, Rural Residential District (County),
Commercial (C) District (City of Clearwater) and Open Space/Recreation (OS/R) District (City of
Clearwater) it to the Low Medium Density Residential (LMDR) zoning district.
The Planning Department determined that the proposed land use plan amendment and
rezoning applications are consistent with the following standards specified in the Community
Development Code: 1) The proposed land use plan amendment and rezoning application are
consistent with the Comprehensive Plan; 2) The proposed use is compatible with the
surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The
applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
as the Countywide Planning Authority. Review and approval by the Florida Department of
Community Affairs is not required.
The applicant is requesting approval of a Development Agreement in conjunction with
the proposed land use plan amendment which limits the use of the property located at 25191
U.S. Highway 19 North within the Low Medium Density Residential (LMDR) District as a non-
residential off-street parking facility. The development agreement will restrict the use of the
subject site for 10 years and addresses landscaping, the use of loud speakers, the parking of
certain vehicles and lighting.
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The Planning Department determined that the proposed Development Agreement is
consistent with the City's Comprehensive Plan. The Community Development Board reviewed
these applications at its public hearing on January 18, 2005 and unanimously recommended
approval of all three applications.
Councilmember Hami!ton moved to approve the Annexation, Land Use Plan Amendment
from the Residential Suburban (R-S) category to the Residential Low (RL) category, Zoning
Atlas Amendment from the R-R, Rural Residential District (County), Commercial (C) District
(City of Clearwater) and Open Space/Recreation (OS/R) District (City of Clearwater) to the Low
Medium Density Residential District (LMDR) (qity) and a Development Agreement between
LaSalle Realty, LLC and the City of Clearwater for property located at 25191 U.S. Highway 19
North (consisting of three parcels of land including Lots 1 through 9 and Lots 24 through 32
Block 35, Chautauqua "On the Lake" Unit No.3, Section A and Lots 1 through 7 and Lots 26
through 36, Chautauqua Subdivision, Unit 1, Section A together with the vacated right-of-way
adjacent thereto in Sec. 32-28-16). The motion was duly seconded and carried unanimously.
Ordinance #7356-05 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7356-05 on first reading.. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
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Ordinance #7357-05 was presented for first reading and read by title only.
Council member Petersen moved to pass Ordinance #7357-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
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"Nays": None.
Ordinance #7358-05 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7358-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7386~05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7386-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7387-05 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7387-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Petersen, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton.
Resolution #05-08 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #05-08 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Petersen, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton.
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9 - Administrative public hearings
9.1 Denv a development aqreement 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.
The City Council held a public hearing on December 16, 2004 to consider the Development
Agreement and continued the matter to February 17, 2005. .
In her February 7,2005 memorandum, Planning Director Cyndi Tarapani provided an
update on the status of the proposed Development Agreement between the City of Clearwater
and K & P Clearwater Estate, LLC for the property, known as the Days Inn, on Clearwater
beach.
The City Council held a public hearing on December 16, 2004, to consider a
Development Agreement and two right-of-way vacation applications. After a public hearing and
substantial discussion, the Council continued the matters until February 17, 2005. The
memorandum also summarized activities that ensued since December updated staff's
recommendation.
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One meeting between the developer's attorney and City staff occurred in the interim,
since the first hearing. In addition, the developer's attorney has provided documents to the City
regarding a revision to the bridge location, two alternative designs for the hotel, and revisions to
the Development Agreement. All appropriate departments, including Public Works,
Engineering, and the City Attorney have been involved in the review of these documents.
Staff evaluation: 1) Revised Bridqe Location - One of the concerns regarding the
proposed bridge at the December hearing was the beach landing of the bridge. The original
recommendation expressed concern that the beach landing would interfere with the City's
lifeguard station/office due to the extremely close, if not adjacent, location of the bridge to the
City building. The developer provided a drawing received on February 3,2005, that moves the
bridge to the south and eliminates the "dogleg" design, thus forming a single span over Gulfview
Boulevard. Staff continues to object to the concept of the bridge due to the potential for the
bridge to block views along Gulfview Boulevard and the potential for additional requests for
bridges that could clutter the visual appeal of Gulfview Boulevard and the future Beach Walk.
However, if the bridge is approved, the revised location is generally acceptable as the landing
now is located south of the lifeguard building in an area proposed as green space in the Beach
Walk plans. Minor adjustments may be required to accommodate a sidewalk to the lifeguard
building. At this time, the developer has still not shown the bridge superimposed on the 90%
Beach Walk construction plans. The revised location for the bridge constitutes a revision that
, must be reviewed by the COB (Community Development Board) in accordance with Section 4-
406;
2) Alternative Desiqns for the Hotel - The developer has submitted two alternative
designs for the hotel building. For identification purposes, the developer has named the
alternatives as "The Wedding Cake" and "The Notch." Although each alternative reduces the
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size of the building, neither alternative reduces the number of hotel rooms or condominiums.
Each alternative is described briefly:
The Wedding Cake alternative makes some minor reductions in the size of the building
by providing more stepbacks on the north and south ends of the building. This alternative
reduces the size of the building by approximately 31,900 square-feet, for a new total building
size of approximately 292,558 square-feet. The design reduces the size on four condominium
floors 10, 11, 12 and 13 by approximately 8,100 square-feet on each floor. The Wedding Cake
alternative makes no change in the project's compliance with the Design Guidelines of Beach by
Design since the portions of the buildings. that are proposed to be reduced were not included in
the original calcula~ions of 40% solid/60% open requirement.
The Notch alternative creates a notch in the approximate center of the building that is
five floors high and approximately 85 feet wide: The Notch reduces the size of the building by
approximately 26,000 square-feet, for a revised total building size of 298,425 square-feet. The
Notch alternative reduces the size of five condominium floors 9, 10, 11, 12 and 13. Of particular
concern in this alternative is that the elevators to serve the building remain on the north side of
the building with the notch separating the elevators from the southern half of the building. To
provide elevator access to the southern part of the building likely will require additional design
revisions that have not been identified and shared with staff to date.
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In the Notch revision, the developer did not properly calculate the solid/open calculation
as provided in Beach by Design since he included a longer distance with which to make the
calculation. In addition, the developer still does not include some portion of the two wings that
can be seen from Coronado and should properly be partially included. Thus, staff is unable to
evaluate the revised Notch design as it relates to the provision of the Guidelines but believe
there is no significant change from the earlier proposal of the amount of solid building area as
viewed from Coronado. The original design had a 48.85% solid ratio, exceeding the Guidelines
requirement of 40%. Staff has evaluated each alternative as to whether they would require a
new review of the site plan and design by the COB. The Wedding Cake is determined not to
require COB review, while the Notch will require the review of the COB. However, the change in
the bridge locatjon requires a new COB review regardless of the design alternative chosen; and
3) Revisions to the Development Aqreement - The developer has made changes in the
proposed Agreement to return to the original 15 public parking spaces (Page 7, .Definition 29 of
"Public Parking" and Page 16, Section 5.05(4)). This revision eliminates the staff's previous
concerns regarding changes to the site plan, floor plans, and parking operations. The fifteen
public parking spaces will be accessed via new First Street as shown in the approved site plan.
Any change to this design will require review by the COB. The developer retains the
commitment to provide a "Parking Protocol" to assist in managing the parking demand for the
project.
The legal description of the property to be exchanged between the developer and the
City has been revised to reflect the new location of the bridge. The developer still needs to
revise the legal description of the project (Exhibit A) to reflect the changed location of the bridge.
This revised legal description has not been received.
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It appears that the developer desires the City Council to consider both design
alternatives, neither of which has been approved by the COB. Staff feels It would be
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inappropriate for the Council to select one of these designs as part of the Development
Agreement decision since design review authority rests with the COB for major changes or with
the Community Development Coordinator for minor changes. Staff remains seriously
concerned that the site plan(s) referenced in the Development Agreement and the approved site
plan are not the same document, which creates an inconsistency in the review process.
In summary, some of the issues raised by the City Council and staff have been
addressed and others have not:
1) Desiqn - The developer has proposed two alternative designs from the original design
as approved by the COB. Neither alternative makes a significant change in the design to
warrant the staff recommendation for approval nor does either alternative bring the project
closer to compliance with the Guidelines of Beach by Design.
2) Parkinq - The developer has returned to the original fifteen parking spaces rather
than the earlier proposed 100 spaces to be used by the public on a space available basis.
3) Bridqe Location - The developer has revised the location of the beach landing of the
bridge. Staff continues to object to the bridge conceptually for reasons cited above. However, if
the bridge is approved, the new location is generally acceptable as the landing is now located
south of the lifeguard building in an area proposed as green space in the Beach Walk plans.
Minor adjustments to the final bridge location/landing may be required to accommodate a
sidewalk to the lifeguard building.
4) Process for Reviewinq Desiqn Chanqes - The change in the bridge location does
require the review of the COB since it makes a substantial change in the previously approved
location of a structure. The Wedding Cake design can be considered a minor change and
reviewed by the Planning Department. The process for that review requires the developer to
submit plans and a letter outlining the changes. The Planning Department will forward the plans
to all affected City departments for review and comment and subsequently issue a letter either
approving or denying the minor change. The Notch design must be reviewed by the COB since
it makes a more substantial change to the previously approved design. This review would
follow the typical COB approval process initiated by the developer submitting a complete
application and then the case is scheduled for DRC review and then for the COB public hearing.
Planning Director Cyndi Tarapani reviewed the history of the project and outlined the
proposed changes. She reviewed the square footages of the building before and after the
proposed changes. She said the major elements of the development agreement remain
unchanged. In response to a questions, Ms. Tarapani said if the development does not go.
forward, there is land available on Gulfview Boulevard that could request use of the resort unit
pool. She said staff has aesthetic concerns regarding the pedestrian bridge and noted a lack of
compliance with Beach by Design detailing how the project did not meet the guidelines.
Tim Johnson, representative, discussed the proposed changes. He said the project has
always been designed with the same number of hotel and condo rooms. He noted the COB
determined the project met 13 of the 14 criteria. He said at the December meeting the
developer was requested to adjust the design and to work with staff. Alternative designs
reducing the mass of the structure were submitted.
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Mr. Johnson noted the number of public parking spaces has been reduced to 15 and the
85 dedicated spaces have been eliminated. He said the project still has 154 parking spaces
more than required by code for hotel and condo. He disagreed with the 40% solid/open
requirement and that a portion of the structure's wing design should be included in the
calculation of mass as they are not parallel to Coronado Drive as indicated in Beach by Design
guidelines. He said the developer is proposing the "wedding cake" design which would not have
to go back before the CDB. The pedestrian bridge has been relocated and would provide safe
access to the beach.
He said approval of the project would assure property development as a destination
conference center hotel,allow for the installation of Beach Walk infrastructure, assure right-of-
way for Cornado Drive, and compress the time that beach construction projects are underway.
The applicant would pay full pro rata share for the Beach Walk project. He noted if the request is
denied, 150 condominium units could be constructed as a matter of right.
In response to a question, Gerald Foy, representative, said tunneling under Gulfview
Boulevard would be difficult and expensive and said pedestrian bridge access from the hotel will
be one story above the lobby.
Discussion ensued in regard to the pedestrian bridge and concern was expressed
regarding public acc~ss be provided. It was noted the City will own the pedestrian bridge and
landing, where no concessions are allowed. The resort will be responsible for maintenance.
Two people spoke in opposition to the project and seven spoke in support.
The City Council recessed from 7:49 to 7:54 p.m.
In response to a question, Ms. Tarapani said staff did not object to the pedestrian bridge
at the Hyatt because that project includes an amenity of 400 public parking spaces. Staff had
determined a proliferation of crossover bridges would detract from the beach's ambience.
Discussion ensued regarding the development and it was felt the time has come for a
catalytic, quality, beach project. It was felt the design has been improved and retains
convention space, meeting space, new restaurants and retail necessary for the tourism industry.
Concerns were expressed the project is too massive and the condos take up 42% of the
space. It was felt more dedicated public parking in the building should be made available, the
design still needs refining and is not ready to go forward, and the City should be better
compensated for use of resort pool units.
Discussion continued regarding access to the pedestrian bridge with consensus the
bridge should feature external public elevators.on each side of Gulfview Boulevard. Mr.
Johnson agreed to this condition.
Councilmember Doran moved to approve a development agreement between K & P
Clearwater Estate, LLC (the property owner) and the City of Clearwater, subject to the applicant
providing external public elevators on ground level with public access on both sides of Gulfview
Boulevard, if otherwise allowed by other governing authorities. The motion was duly seconded.
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Councilmembers Hamilton and Doran and Mayor Hibbard voted "Aye"; Councilmembers Jonson
and Petersen voted "Nay." Motion carried.
Resolution #05-08 was presented. and read by title only: CouncilmemberHamilton
moved to pass and adopt Resolution #05-08 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Doran, and Hibbard.
"Nays": Jonson and Petersen.
Motion carried.
9.2 Deny the applicant's request to vacate a portion of 50-foot street riQht-of-way of First Street
beQinninQ at the northwest corner of Lot 48 of L1oyd-White-Skinner Subdivision (AK.A 100
Coronado Drive) and more particularly described in Exhibit "A" attached. subiect to specified
conditions. and deny Ordinance #7371-05 on first readinQ. (V2004-02 K and P Clearwater
Estate. LLC).
A Development Agreement between the City of Clearwater and K and P Clearwater
Estate, LLC proposes the redevelopment of the vacated right-of-way and adjacent property into
a 350-room hotel with 75 attached.dwellings and 37,000 square-feet of accessory uses.
Progress Energy, Verizon, Bright House and Knology Broadband have reviewed the request
and have no objections, provided that the applicant assume all costs associated with the
relocation of their facilities. The City of Clearwater presently has. gas, stormwater and sanitary.
sewer facilities in the subject right-of-way portion.
Staff recommends that the development agreement not be approved, consequently the
recommendation is for denial of this associated vacation request.
Councilmember Doran moved to approve the applicant's request to vacate a portion of
50-foot street right-of-way of First Street beginning at the northwest corner of Lot 48 of L1oyd-
White-Skinner Subdivision (AK.A 100 Coronado Drive) and more particularly described in
Exhibit "A" attached, subject to specified conditions. The motion was duly seconded.
Councilmembers Hamilton and Doran and Mayor Hibbard voted "Aye"; Councilmembers Jonson
and Petersen voted "Nay." Motion carried.
Ordinance #7371-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7371-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Doran, and Hibbard.
"Nays": Jonson and Petersen.
Motion carried.
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9.3 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" attached,
subiect to specified conditions and deny Ordinance #7372-05 on first readinq, (VAC 2004-04 K
and P Clearwater, LLC).
A development agreement between the City of Clearwater and K and P Clearwater
Estate, LLC proposes the redevelopment of the vacated right-of-way and adjacent property into
a 350-room hotel with 75 attached dwellings and 37,000 square-feet of accessory uses.
Progress Energy, Verizon, Bright House and Knology Broadband have reviewed the request
and have no objections, provided that the applicant assumes all costs associated with the
relocation of their facilities. The City of Clearwater presently has water and sanitary sewer
facilities in the subject right-of-way portions.
Staff is recommending the development agreement not be approved, consequently the
recommendation is for denial of this associated vacation request.
Councilmember Hamilton moved to approved the applicant's request to vacate two
portions of South Gulfview Boulevard, one being located along the north property line of Lot 1,
Block A, Columbia Subdivision (AK.A 100 Coronado Drive) and the other adjacent to the west
lot lines of Lots 44, 48 and 52 through 55 inclusive, said right-of-way portions being more
particularly described in Exhibit "A" attached, subject to specified conditions. The motion was
duly seconded. Councilmembers Hamilton and Doran and Mayor Hibbard voted "Aye";
Councilmembers Jonson and Petersen voted "Nay." Motion carried.
Ordinance #7372-05 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7372-05 on first reading. The motion was
duly seconded and upon rollcall, the vote was:
"Ayes": Hamilton, Doran, and Hibbard.
"Nays": Jonson and Petersen.
Motion carried.
10 - Second Readings - public hearing
10.1 Adopt Ordinance #7400-05 on second readinq, amendinq Ordinance #6779-01 as
amended bv Ordinance #7350-04, vacatinq the 60 foot riqht-of-wav of Third Street (AKA Third
Ave.), bounded on the EasLp"y"!he westerlv riqht-of-wav line of Coronado Dr. and bounded on
the West bv the easterlv riqht-of-wav line of South Gulfview Blvd., subiect to special conditions,
amendinq the special conditions.
Ordinance #7400-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7400-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
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"Nays": None.
10.2 Adopt Ordinance #7401-05 on second readinq. amendinq Ordinance #6780-01 as
amended by Ordinance #7351-04, vacatinq the east 35 feet of the 70 foot riqht-of-way of
Gulfview Blvd.. bounded on the North by the westerly extension of a line parallel to and 20 feet
north of the northerly lot line of Lots 57 and 104 of L1oyd-White-Skinner subdivision. and
bounded on the South by the westerly extension of the south lot line of Lot 59 of said L1oyd-
White-Skinner subdivision. subiect to special conditions, amendinq the special conditions.
Ordinance #7401-05 was presented for second reading and read by title only.
Council member Petersen moved to pass and adopt Ordinance #7401-05 on second and final
reading. The motior! was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
City Manager Reports
11 - Consent Agenda - Approved as submitted
11.1 Declare five 2004 Harley-Davidson Police motorcycles surplus to the needs of the City and
authorize disposal throuqh trade..in; and authorize purchase of five 2005 Harley-Davidson
FLHPI motorcycles from Fletcher's Harley-Davidson/Buell. Clearwater. Florida. at a net cost of
zero. and that the appropriate officials be authorized to execute same.
11.2 Accept a Natural Gas Utility Easement. five feet wide. alonq the eastern property line of
20116 Gulf Boulevard. from Curtis and Kathleen Westphal. d/b/a D&W Sun "N" Fun Motel
Apartments, in consideration for $12.500.
11.3 Award a contract to Synerqen. Inc., of Walnut Creek. CA in the amount of $338,765 for
professional services to implement Phase II of an electronic Asset Manaqement System and
authorize the appropriate officials to execute same.
11.4 Approve a Revocable Permit with Quality Boats for three moorinq buoys at Island Estates
for a rental fee of $2.755.08 per year and authorize the appropriate officials to execute same.
11.5 Approve fundinq for the development of the Myron A. Smith Bavview Park by transferrinq
$200.000 of funds at first Quarter from the unappropriated retained earninqs of the General
Fund to Capital Improvement Proiect 315-93129. Bavview Park. and approve amendinq the
Capital Improvement Plan to include Bavview Park Development as a Capital Improvement
Proiect for FY 2004/05.
11.6 Accept a 9 square-foot siqn.easement over and across a portion of Lot 3. T. H. Kinqston,
Re-Subdivision. conveyec;!~en Stilo. as Trustee. Church of Scientoloqy Reliqious Trust. in
consideration of receipt of $1 and the benefits to be derived therefrom.
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11.7 Accept a blanket water main and utility easement conveyed by Our Lady of Divine
Providence, House of Prayer, Inc. over and across portions of Myron A. Smith's Bavview
Subdivision as more particularly described therein. in consideration of receipt of $1 and the
benefits to be derived therefrom.
11.8 Award a contract for the General Services Storaqe Buildinq (04-0024-GS) to R. Kruqer
Construction Company. Inc.. of Oldsmar, Florida for the sum of $328,673.40 which is the lowest
responsible bid received in accordance with the plans and specifications. and authorize the
appropriate officials to execute same.
11.9 Appoint Douqlas J. Booher to the Neiqhborhood and Affordable Housinq Advisory Board in
the City Resident cateqory with the term expirinq on April 30. 2006.
11.10 Appoint Kelly Sutton to the Municipal Code Enforcement Board. in the Enqineer cateqory,
with the term expirinq on February 28. 2008.
11.11 Approve the 2005 Federal Leqislative Packaqe
11.12 Authorize the City Attorney's Office to appeal the decision in Williamson v. City of
Clearwater and Charles Esposito. Case #99-8583-CI-07.
Purchasing
11.13 Purchase contract for Gas Materials - 2406 PE Pipe durinq the contract period March 1.
2005 throuqh February 28.2006. from M T Deason Company Inc.. Birminqham, Alabama, in an
amount not exceed $350,000.
11.14 Liquid POlymei - Increase the award to Polydyne Inc.. Riceboro. Georqia. from $330.000
to $440.000 ($110,000 increase) for the purchase of liquid polymer to be utilized durinq the
remaininq period of the contract endinq May 19, 2005.
11.15 Reimburse Infinity Broadcastinq, Saint Petersburq, Florida. fees collected for special
events and concerts durinq the period: April 1 , 2005 throuqh March 31. 2006, at a cost not to
exceed $300.000.
11.16 Reimburse Cox Radio Tampa Bay. Saint Petersburq. Florida. fees collected for special
events and concerts durinq the period: April 1, 2005 throuqh March 31. 2006. at a cost not to
exceed $300.000.
Councilmember Jenson 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.
Council 2005-02-17
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12 - Other items on City Manager Reports
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12.1 Adopt Resolution #05-06. which endorses the application for Proiect 010605 and commits
the City of Clearwater to refund 10% of the elioible tax refund upon certification bv Enterprise
Florida, Authorize the appropriate officials to execute same and authorize fundino in the amount
of $13.500 for the City's commitment to this proiect.
The Florida Legislature created Florida Statutes Section 288.106 to encourage the
growth of Florida's high-wage, value-added employment. This program commonly is known as
the Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida
to accept, review, and approve applications for tax refunds to qualified target industry
businesses. Pursuant to Florida Statutes Section-288.075 and 288.1066, the applicant for
Project 010605 requests to remain anonymous.
The tax refund is paid to the applicant each State fiscal year (July 1- June 30) for five
years. The applicant receives a refund of $3,000 for each new job created, plus an additional
$1,000 per job if the average annual wages exceeds the area's average by 150%. If that
average is exceeded by 200%, an additional $2,000 is awarded. If the company is located in a
Brownfields area, an additional $2,500 is awarded, and $3,000, if the business locates in an
Enterprise Zone.
.
Project 010605 wishes to expand its Clearwater operations to create 45 new jobs over.
the next two years, and the applicant qualifies for the $3,000 per employee refund per job. The
total award to the company is $135,000 in refunds over 5 years. Eighty percent of this award is
covered by the State, 10% is from the City of Clearwater, and 10% from Pinellas County. Under
the full scenario, the City's commitment for $13,500 will be $1,575 (2006) in year 1, $3,375
(2007) in year 2, $3,375 (2008) in year 3, $3,375 (2009) in year 4, and $1,800 (2010) in year 5.
Councilmember Jonson moved to endorse the application for Project 010605 and
commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by
Enterprise Florida, and authorize the appropriate officials to execute same and authorize
funding in the amount of $13,500 for the City's commitment to this project. The motion was
duly seconded and carried unanimously. .
Resolution #05-06 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #05-06 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.2 Award a contract to Alan Jav Automotive Network for the purchase of one 2005 Chevrolet
3500 1-ton Utilitv Truck, at a cost of $23,537 in accordance with section 2.564(1)(d)-Florida
Sheriffs Association & Florida Association of Counties Contract #04-12-0823 and authorize
lease purchase under the City's Master Lease Purchase aoreement.
This truck replaces an in-kind truck that was damaged beyond reasonable repair in an
accident with another City vehicle last year. The damaged vehicle was not on the FY (Fiscal
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Council 2005-02-17
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Year) 2004/05 replacement list. Risk Management issued a check for $5,325 that was based
on current market value of the destroyed vehicle (1995 Ford 1 ton Utility Truck). The outfitting
cost of $4,000 covers overhead racks, storage bins, vise, hitch and tow package, tool storage.
areas, and various other equipment will be deducted from this check. The remainder of the
check proceeds will be used to offset the 1 st quarterly Lease/Purchase payment. The vehicle is
assigned to the Parks & Recreation Department. . . . . . .
Councilmember Hamilton moved to award a contract to Alan Jay Automotive Network for
the purchase of one 2005 Chevrolet 3500 1-ton Utility Truck, at a cost of $23,537 in accordance
with section 2.564(1)(d)-Florida Sheriffs Association & Florida Association of Counties Contract
#04-12-0823 and authorize lease purchase under the City's Master Lease Purchase agreement.
The motion was duly seconded and carried unanimously.
12.3 Approve an Interlocal Aqreement for Planninq Services with the Pinellas Planninq Council
March 1. 2005 - September 30, 2007 and authorize the appropriate officials to execute same.
.
Due to the heavy workload of the Planning Department and the immediate need for
assistance, the Department is requesting the City Council enter into an Interlocal Agreement for
Planning Services with the Pinellas Planning Council (PPC). The agreement would be in effect
from March 1, 2005 - September 30, 2007, with the ability to extend it for one additional three-
year period through September 30, 2010. The agreement would allow the PPC staff to provide
ongoing planning assistance and/or prepare special planning projects as needed. Ongoing
planning services would be billed on a time and material basis and any special planning projects
would be in an amount agreed upon in advance with the City and Council staff. Rates for the
PPC staff are significantly less than that of private consultants and the PPC has familiarity with
current planning issues in Pinellas County as well as broad skills and experience in planning
studies. There is no anticipated impact on the current year operating budget: As the Planning
Department staffing stabilizes, it is anticipated that the need for assistance from the PPC would
be reduced, or eliminated.
In response to a question, Assistant City Manager Gerry Brumback said these services
will not supplant staff.
Councilmember Jonson moved to approve an Interlocal Agreement for Planning
Services with the Pinellas Planning Council March 1, 2005 - September 30, 2007 and authorize
the appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
12.4 Adopt Resolution #05:'09. supportinq the Florida Leaque of Cities' qrowth manaqement
initiatives durinq the 2005 State Leqislative Session.
The Florida Legislature adopted the 1985 Growth Management Act to establish a State
comprehensive plan and growth management system. The Act requires cities and counties to
adopt Local Government Comprehensive Plans that guide future growth and development. A
key component of the Act requires cities to meet infrastructure needs associated with growth
and development. The Governor and Department of Community Affairs have made revision to
the 1985 Act a priority for the 2005 Legislative Session.
.
Counci/2005-02-17
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.
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As its population and development continue to soar, the State of Florida continues to
impose unfunded growth management mandates on local governments. Cities cannot meet
infrastructure needs brought by new growth and development without additional funding or
regulatory relief. Therefore, the Florida League of Cities has asked municipalities to adopt a
resolution supporting the League's initiatives that address municipal concerns. The Resolution
urges the Florida Legislature to support legislation as part of a comprehensive growth
management package that: 1) Defines the role of State government - The State comprehensive
plan should be replaced with a plan that includes comprehensive planning and policies,
identifies areas of State interest, and provides State funding and budget allocations; 2) Revises
the Sustainable Communities Certification Program to encourage local governments to
participate and discourage county governments from assuming municipal government functions;
3) Creates municipal revenue options - Grants municipalities the authority to control their own
infrastructure funding needs by implementing a local government infrastructure surtax and a real
estate transfer fee; and 4) Repeals the fuel adjustment charge exemption from the municipal
public service tax.
Council member Doran moved to support the Florida League of Cities' growth
management initiatives during the 2005 State Legislative Session. The motion was duly
seconded and carried unanimously. .
Resolution #05-09 was presented and read by title only. Councilmember Doran moved
to pass and adopt Resolution #05-09 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.5 Adopt Resolution #05-10, endorsinQ recommendations from the Pinellas Assembly that are
found to be "Areas of AQreement" and adopt Resolution #05-11 aQreeinQ in concept to
recommendations from the Pinellas Assembly found to be "Areas for further Discussion."
On May 16, 2002, the Pinellas Assembly convened to address opportunities and
challenges faced by our community. As a result of the Assembly process, seven task forces
were established to conduct a more thorough analysis of pressing issues. The Pinellas County
Board of County Commissioners (BCC) and Pinellas County Council of Mayors, Inc. (Mayors'
Council) have reviewed the recommendations of the Task Forces and are ready to begin
implementation of many of them. In order to move forward with the recommendations, the
County Commission and Council of Mayors are requesting the adoption of two resolutions.
Resolution #05-10 addresses those areas on which the BCe and Mayor's Council agree.
Resolution #05-11 recognizes those issues on which the two bodies agree in concept but feel
further discussion is warranted. There are several recommendations on which the parties took
no position, particularly those addressing transportation revenues. Those items are not
included in either resolution, due to the various options available, more detailed discussion is
needed.
Councilmember Hamilton moved to endorse recommendations from the Pinellas
Assembly that are found to be "Areas of Agreement" and agree in concept to recommendations
Council 2005-02-17
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from the Pinellas Assembly found to be "Areas for further Discussion." The motion was duly
. seconded and carried unanimously.
Resolution #05-10 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #05-10 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the votewas:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Resolution #05-11 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #05-11 aild authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.6 IAFF Union neQotiations update.
Human Resources Director Joe Roseto said future bargaining sessions are being
scheduled to bargain FY (Fiscal Year) 2002/03, the second year in the IAFF (International
Association of Fire Fighters) union contract. He recommended scheduling an executive session
to discuss bargaining issues.
.
Consensus was to schedule an Executive Session for February 25, 2005, at 11 :30 a.m.
13 - City Attorney Reports - None.
14 - City Manager Verbal' Reports
The City Manager reported he will schedule a Work Session discussion regarding local
boat storage and the City's role. Information was requested regarding pending State waterfront
legislation.
Staff will provide information to Council regarding standard protocol followed at
Clearwater Airpark when investigating airplane crashes.
Consensus was to schedule the Canvassing Board meeting for March 9, 2005, at 7:30
a.m.
15 - Council Discussion Items - None.
16 - Other Council Action
Councilmembers Doran and Petersen attended the County's presentation regarding the
conversion of hotel rooms to condominiums. All negative impacts are on barrier islands. The
CVB (Convention & Visitors Bureau) may do a more focused beach study.
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Council 2005-02-17
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Councilmembers Doran and Jonson attended the Sayonara party
Councilmember Doran attended the Diversity Luncheon and event for former Mayor
Aungst and enjoyed strawberry shortcake at Wednesday's Farmers Market.
Councilmembers attended the employee Achievement Award ceremony, reviewed the
awards, and said they are proud of City staff and were impressed by the ceremony.
Council member Petersen reported 30 Sister City visitors from Japan will be in
Clearwater April 26-29, 2005, reviewed TBRPC (Tampa Bay Regional Planning Council)
concerns regarding State housing trust funds, and attended a brainstorming session today
regarding engaging youth in the community.
Councilmember Jonson referenced the cancellation of this year's NHL season, said the
Council is dedicated to serving residents, reported the 5th annual Parent University will be at
Countryside High School on February 26, 2005, the Suncoast League of Cities will meet at the.
Harborview Center on March 19, 2005, the first Phillies spring training game is on March 3:
2005, the Legislative Session begins on March 8, 2005, and he recently celebrated his wedding
anniversary and his wife's birthday.
Council member Hamilton thanked the Mayor for recognizing the recent passing of City
staff and sent condolences to their families, last week attended the natural gas association
conference in Washington D.C., welcomed back the Phillies, and looked forward to the Spring
Training season.
Mavor Hibbard attended the Mayor's Cup lawn bowling tournament today, which raised
money for the Clearwater Free Clinic, reported Friends of the Library will meet tomorrow at
noon, invited residents to attend the Farmers Market on Wednesdays in front of City Hall,
announced the next Work Session is on February 28, 2005, and commended the Council for
two difficult days spent reaching difficult decisions.
17 - Adjourn
The meeting adjourned at 9:35 p.m.
4~~~ ~
~ Mayor
City of Clearwater
~
. '~ }J~,Q.
CI Clerk .
Council 2005-02-17
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