06/07/2001
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CITY COMMISSION MEETING
CITY OF CLEARWATER
June 7, 2001
Present:
Brian J. Aungst
Ed Hart
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Mayor/Commissioner
Vice-M ayor /Commissioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Interim City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner
Gray offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards
Proclamation: Garden Week - June 3 - 9, 2001
ITEM #5 - Presentations
a) Development Guides
Jeff Kronschnabl and Sandy Herman
Development Services Director Jeff Kronschnabl and Special Projects Manager
Sandy Herman distributed the new Residential Development and Commercial Development
Guides, in booklet and compact disc formats. The guides soon will be featured on the
City's improved Web site, allowing online business.
Mr. Kronschnabl thanked former Commissioner Bob Clark for his vision, innovation,
and efforts related to this project. An honorary copy of the first Citizen Guide compact
disc was featured on the plaque for former Commissioner Clark.
Rodney Fisher, representing the Contractors and Builders Association, congratulated
and thanked the City for significant improvements to its development procedures.
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Mayor Aungst thanked and congratulated staff for their efforts. He reported many
people had approached him, commenting on the friendly staff and procedural
improvements.
ITEM #6 - Approval of Minutes
Commissioner Jonson moved to approve the minutes of the regular meeting of May
17, 2001, as recorded and submitted in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aoenda
Sue Johnston, Rev. Tom Norman, and Mark Sherman opposed FOOT's (Florida
Department of Transportation) plans for the intersection of Drew Street and NE Coachman
as part of the Drew Street widening project.
Public Works Administrator Mahshid Arasteh said FOOT uses design and operation
guidelines when designing road projects. The FOOT Project Manager has asked their
consultant to review solutions for nearby businesses. The Project Manager will schedule a
meeting once the review process is complete. In response to a question, Ms. Arasteh
recommended the state guidelines be followed, stating road improvements are designed to
meet transportation needs for the next 20 years.
Discussion ensued regarding the history of the project. Annual updates on County
and State projects and their impact on the City were requested.
Commissioner Gray moved that a letter be sent to FOOT requesting alternatives be
considered. The motion was duly seconded and carried unanimously.
Mark Klutho opposed the design of the new main library, and said it should
incorporate the newest technologies to decrease future utility costs.
Tom Sehlhorst thanked staff for help with a N. Myrtle Avenue landscaping project,
supported three lanes for the Keene Road extension, and requested the City be considerate
of small developers.
Dennis Roper said 33 residences near the new Phillies stadium site have confirmed
sinkhole activity. He complained that communication from the City regarding this issue has
been poor. He requested information on serious environmental issues that FDEP (Florida
Department of Environmental Protection) had raised. The City Manager responded that Mr.
Roper is responsible for much of the miscommunication. It was requested that it be
confirmed whether meetings of staff to address environmental issues had occurred.
Jav Keves said the Coalition of Clearwater Homeowners supports strong
communication and wants the Commission to consider public input and provide alternative
solutions if the public deems them necessary. It was requested that examples of poor
communication be provided.
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PUBLIC HEARINGS
ITEM #8 - (Cont'd from 4/19.5/3 & 5/17/01) Public Hearinq & First Readinq Ord. #6782-
01 _ Vacating 10' drainage & utility easement lying along a line 660' east of the west
property line of M&B 41.05, Sec. 5-29-16, less S10' (School Board of Pinellas County,
V2001-07Hb)
The Paul B. Steven's school is on the subject property. The School Board of Pinellas
County plans to replace the structure with a public school to be constructed over the
current easement. The applicant will pay costs to relocate the City's six-inch water line,
which is in that easement, and agrees to grant a new utility easement over the relocated
water line. Public utility firms do not object to the vacation request. Staff recommends
approval.
Jim Miller, of the School Board of Pinellas County, said the City Commission had
continued this item until neighborhood concerns were addressed. He distributed a copy of
the landscape plan. He said he worked with staff and twice met with nearby residents to
listen to their concerns. He reviewed changes to the plan designed to protect nearby
property from stormwater drainage off this site through modifications to the berm and
installation of a drainpipe under Lawrence Drive at the site entrance. More landscaping and
trees will be installed to buffer the site. A visual screen has been installed to shield
residences from construction related dust. He said irrigation has been installed around
specimen trees. He estimated the project will be complete within 15 months. Appreciation
was expressed for the School Board's responsiveness to neighbor concerns.
Two people spoke in opposition to the vacation mainly due to drainage concerns.
Mr. Miller said the remainder of the fence and visual screen will be installed within
60 days. In response to a question, he said the School Board has agreed to clean the sump
pump of oils collected from the paved parking lot when it cleans the cafeteria's grease trap.
He said the School Board has agreed to install a french drain if construction affects the
water table on an abutting property.
In response to a question, City Engineer Mike Quillen said the School Board had
addressed the five City concerns. He said the significant changes will further protect
properties east of the site. Mr. Miller said the School Board did not meet with neighbors
north of the site as drainage issues do not affect them. Mr. Quillen said drainage in Castle
Woods is a City issue, which staff is working to resolve. In response to a request, Mr.
Miller agreed to provide a copy of School Board construction project procedures and
policies.
In response to a question, Mr. Quillen said Salls Lake has been cleaned recently.
Nearby streets have been kept clean and no large discharge of sediment into the lake has
occurred lately. In response to a question, Mr. Miller reviewed methods used to reduce
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onsite dust, including sprinklers to irrigate the roadway and a water truck. Concern was
expressed the project is using water during drought conditions. Mr. Miller said the
reduction of dust helps the entire community. Concern was expressed vibrating
compactors had caused muddy conditions in Salls Lake and the loss of area shallow wells.
Mr. Miller said the School Board has requested the construction firm not use the vibrating
feature of the compaction roller. He invited neighbors to telephone him with concerns.
Commissioner Hamilton moved to approve the request to vacate the 10-foot
drainage and utility easement lying along a line 660 feet east of the west property line of
M&B 41.05, Sec. 5-29-16, less S10 feet thereof. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6782-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6782-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #9 _ Public Hearinq - Declare surDlus 10' wide Darcel for purpose of conveying fee
simple title therein by Quit-Claim Deed to Hidden Oaks Apartments, Inc., in exchange for
City receiving 15' wide Sanitary Easement (PW)
To provide right-of-way for a 15-inch sanitary sewer pipe, on July 31, 1939, John
and Mary Taylor deeded to the City a 10-foot wide strip of land that cuts through the
Hidden Oaks Apartments' property on the southeast corner of Druid Road and South
Greenwood Avenue. A boundary survey prepared by Polaris Associates, Inc. on April 27,
2001 indicated most of the sanitary line is outside the deed parcel. This inconsistency
could trigger a reverter clause in the Taylor deed which would revoke City access to the
line. Hidden Oaks Apartments, Inc., owner of the complex, is refinancing its mortgage and
proposes to resolve this issue. In exchange for the City reconveying the 10-foot wide
Taylor parcel to Hidden Oaks, the firm will grant the City a 15-foot wide easement for
maintenance of the sanitary line.
The sanitary line is within the replacement easement. The additional five feet of
width will provide more efficient access. The City Charter provides that surplus real
property may be exchanged for other real property, having a comparable appraised value.
Commissioner Jonson moved to approve declaring as surplus that certain 10-foot
wide parcel of land as legally described in Deed Book 834, pages 49-52, Public Records of
Pinellas County, for the purpose of conveying fee simple title therein by Quit-Claim Deed to
Hidden Oaks Apartments, Inc., in exchange for the City receiving a 15-foot wide Sanitary
Easement from hidden Oaks Apartments, Inc., being a portion of the Southeast V4 of the
Southwest V4 of Section 15, Township 29, South 15 East, containing 17,811 square-feet,
more or less and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
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ITEM #10 - Public HearinQ & First ReadinQ Ords. #6806-01, #6807-01 & #6808-01-
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Urban & MDR Zoning, 2492 Belleair Rd., Sec. 19-29-16, M&B
43.09 & 43.10 (Belleair Townhouse Partnership, Ltd.)(PLD)
The applicant requests annexation of this vacant 1.77 -acre site. The applicant
proposes to construct multi-family dwellings, which will be served by Pinellas County water
and City of Largo sewer service.
Following the November 7, 2000 referendum approval of the Pinellas County
Charter amendment, the PPC (Pinellas Planning Council) now is authorized to review all
voluntary annexations, including those previously executed through valid agreement. The
PPC has reviewed this annexation and indicated no objections. The COB recommended
approval.
Commissioner Hamilton moved to approve the annexation of property located at
2492 Belleair Road at M&B 43.09 and 43.10, Section 19, Township 29 South, Range 16
into the City and approve a Land Use Plan Amendment from County Residential Urban to
City Residential Urban (RU) and approve a rezoning from County RM - 7.5 to City medium
Density Residential (MDR). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6806-01 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6806-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6807-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6807-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6808-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6808-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
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ITEM #11 - Public Hearinq & First ReadinQ Ords. #6612-00 & #6613-00 - Land Use Plan
Amendment to Residential/Office General & Office and LOR Zoning, 1106 Druid Rd. S.,
Bluff View, part of Lot 30 and Harbor Oaks, part of Lot M (Steven B. Chapman)(PLD)
The 1.63-acre site, on the northwest corner of Druid Road South and Jeffords
Street, fronts the Intracoastal Waterway. The applicant proposes to construct a waterfront
single-family residence. The property features an office building, two vacant structures,
and a 31,000 square-foot parking lot. On May 15, 2001, the COB (Community
Redevelopment Board) recommended approval of the plan amendment and rezoning for the
Flexible Development request.
In response to a question, Assistant Planning Director Cyndi Tarapani said only one
house can be constructed on the site. Representative Houch Ghovaee said parking for the
office site will meet code. He complimented staff and City leaders for their efforts in the
development process.
Commissioner Hart moved to approve a Land Use Plan Amendment to
Residential/Office General & Office and LOR Zoning, for 1106 Druid Rd. S., Bluff View, part
of Lot 30 and Harbor Oaks, part of Lot M. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #661 2-00 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6612-00 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6613-00 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6613-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The meeting recessed from 7:47 to 8:03 p.m.
Public Hearing - Second Reading Ordinances
ITEM #12 _ Ord. #6648-01 - Annexation (& redefining boundary lines of City to include said
addition), 2301 Campbell Rd., Sec. 6-29-16, M&B 34.01 & 34.011 (Judith N. Coachman,
Paul A. & Carolyn L. Young)
The City Attorney presented Ordinance #6648-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6648-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #13 - Ord. #6649-01 - Land Use Plan Amendment to Residential Estate, 2301
Campbell Rd., Sec. 6-29-16, M&B 34.01 & 34.011 (Judith N. Coachman, Paul A. &
Carolyn L. Young)
The City Attorney presented Ordinance #6649-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6649-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #14 - Ord. #6650-01 - LDR Zoning, 2301 Campbell Rd., Sec. 6-29-16, M&B 34.01 &
34.011 (Judith N. Coachman, Paul A. & Carolyn L. Young)
The City Attorney presented Ordinance #6650-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6650-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #15 _ Ord. #6784-01 - Annexation (& redefining boundary lines of City to include said
addition), 1601 Druid Rd., Sec. 14-29-15, M&B 43.12 & 43.16 (Charles Hammrick,
Dorothy E. Hammrick, Richard L. Kamensky and Elizabeth Plecker)
AND
ITEM #16 _ Ord. #6785-01 - Land Use Plan Amendment to Residential Urban, 1601 Druid
Rd., Sec. 14-29-15, M&B 43.12 & 43.16 (Charles Hammrick, Dorothy E. Hammrick,
Richard L. Kamensky and Elizabeth Plecker)
AND
ITEM #17 _ Ord. #6786-01 - LMDR Zoning, 1601 Druid Rd., Sec. 14-29-15, M&B 43.12 &
43.16 (Charles Hammrick, Dorothy E. Hammrick, Richard L. Kamensky and Elizabeth
Plecker)
The City Attorney requested Items #15, #16, and #17 be continued.
Commissioner Hart moved to continue Ordinances #6784-01, #6785-01, and
#6786-01 to June 21, 2001. The motion was duly seconded and carried unanimously.
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ITEM #18 - Ord. #6787-01 - Land Use Plan Amendment to Residential/Office General, 812
Pinellas St., Milton Park Sub., Blk 10, Lot 13 & S Y2 vacated alley adjoining on north
(Thompson Executive Center Partnership Number Two)
The City Attorney presented Ordinance #6787-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6787-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #19 - Ord. #6788-01 - Office Zoning, 812 Pinellas St., Milton Park Sub., Blk 10, Lot
13 & S Y2 vacated alley adjoining on north (Thompson Executive Center Partnership Number
Two)
The City Attorney presented Ordinance #6788-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6788-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #20 - Ord. #6789-01 - Annexation (& redefining boundary lines of City to include said
addition), 1972 E. Skyline Dr., Skyline Groves, Lot 66 (Craig & Lisa Johnson)
The City Attorney presented Ordinance #6789-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6789-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #21 - Ord. #6790-01 - Land Use Plan Amendment to Residential Low, 1972 E.
Skyline Dr., Skyline Groves, Lot 66 (Craig & Lisa Johnson)
The City Attorney presented Ordinance #6790-01 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6790-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
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ITEM #22 - Ord. #6791-01 - LMDR Zoning, 1972 E. Skyline Dr., Skyline Groves, Lot 66
(Craig & Lisa Johnson)
The City Attorney presented Ordinance #6791-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6791-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #23 - Ord. #6800-01 - Vacating 3' utility easement lying along rear property lines of
Lots 5-10, Acker's Sub., alkla 2700 Block of McMullen Booth Road (Vogel, V2001-11)
The City Attorney presented Ordinance #6800-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6800-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #24 - Ord. #6801-01 - amending Ord. #6695-01 to correct effective dates for
increasing domestic, lawn water, & wastewater collection utility rates by 7% each year
from 10/1/02, 10/1/03, 10/1/04 & 10/1/05 to 4/1/02, 1/1/03, 10/1/03, & 10/1/04
The City Attorney presented Ordinance #6801-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6801-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #25-33) - Accepted as submitted.
Consent Agenda items require no formal public hearing and are subject to approval
by a single motion. Any City Commissioner or the City Manager may remove an item from
the Consent Agenda for individual discussion and vote.
ITEM #25 - Aooroval of Purchases oer Purchasina Memorandum:
1) Overstreet Paving Co., Inc., street resurfacing, to add 16 additional street projects to
award approved on 9/21/00, estimated $300,000 (PW)
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2) Tomas Ollestad, professional tennis instruction, 5/7/01-9/30/02, addition to $20,000
contract approved by City Manager on 5/7/01, for total $180,000 (PR)
3) Alto U S Inc., one 2001 Americal Lincoln riding floor sweeper model 7760 with
attachments, replacement, $34,269.92; financing to be provided under City's Master
Lease-Purchase Agreement (GS)
4) Pinellas County Board of County Commissioners, one color aerial photography - 2000
series, City's share of cost, $30,000 (PW)
ITEM #26 - Authorize $100.000 oayment to settle claim of Charles Gross for damages to
his home & its contents resulting from a City sewer backup (FN)
ITEM #27 - Aoorove selection of Turner Construction Comoany for construction
management services for new Main Library (LIB)
ITEM #28 - Adopt restrictive covenants for new N. Greenwood Branch Library, 905 N.
Greenwood Ave., to be effective for 20 years (LIB)
ITEM #29 - Second Amendment to Aareement with FDOT for Memorial Causeway Bridge
replacement, to reflect receipt of additional $8,770,662 in federal funding for total federal
commitment of $20,770,662 (PW)
ITEM #30 - Contract for 2000 Reclaimed Utility Improvements Project to A&L
Underground, Inc., for $3,705,253 (PW)
ITEM #31 - Authorize Parking System to recharge new pre-paid parking cards to a value of
$22 for the price of $20 (PW)
ITEM #32 - Drainaae & Utility Easement - Northwood Estates Tract C, Blk D, part of Lot 8
(Christopher & Jean FlamentHCA)
ITEM #33 - Settlement AQreement re Car Spa Clearwater's Appeal of Order in MCEB Case
#37-00 re billboard located at 2516 Gulf-to-Bay Boulevard (CA)
Commissioner Gray 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.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #34 - Contract for Clearwater Airpark Landscape Improvements to Florida's Finest
Landscape Services, Inc., for $59,928.83 (PW)
This Airpark project includes installation of an irrigation system, a landscape buffer
along Hercules Avenue, a landscaped noise abatement berm along Airport Drive, and
landscaping at the Airpark's entrance. The permit to construct new T -hangars requires
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these landscape improvements to be installed before the Certificate of Occupancy is
issued. The estimated project cost of $140,000 includes this $59,928.83 contract plus
City material and labor to construct the noise abatement berm. FDOT (Florida Department
of Transportation) will fund 50% of this JPA (Joint Participation Agreement) project's total
cost, or approximately $70,000. The project will enhance the Airpark facility and buffer
adjacent neighborhoods and roadways from objectionable views and noise.
Ms. Arasteh reported the project includes Xeriscape techniques, which uses site
appropriate plants, an efficient watering system, proper planning and design, soil analysis,
the practical use of turf and mulches, and proper maintenance. It was recommended the
City promote this project to encourage residents to adopt similar techniques and conserve
water.
Commissioner Gray moved to approve the contract for Clearwater Airpark
Landscape Improvements to Florida's Finest Landscape Services, Inc. of St. Petersburg, for
$59,928.83, which is the lowest responsible bid received in accordance with the plans and
specifications and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #35 - Res. #01-15 - establishing intent to have Finance Director sign all draws on
lease purchase contract with Banc of America (FN)
On September 8, 2000, the City Commission approved a three-year lease purchase
contract with the Banc of America. Following City Commission approval of equipment
purchase and lease, staff requests periodic drawdowns from the Banc of America to
finance the equipment. Currently, drawdown requests require signatures of the Mayor,
City Manager, City Attorney, and City Clerk. This resolution will allow the Finance Director
to be the only required signatory on draw requests. This change will save time and
streamline the process and duplicates the procedure used with the City's previous lease
purchase company.
Commissioner Hart moved to approve establishing intent to have the Finance
Director sign all draws on lease purchase contract with Banc of America and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #01-15 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #01-15 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
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ITEM #36 - First Readinq Ord. #6796-01 - allowing City Manager to sign off on standard,
3-year lease agreements for current marina building tenants, without taking to Commission
(MR)
In her June 15, 1995 memorandum to the Harbormaster, the City Clerk reviewed
direction provided at the June 12, 1995 Work Session, when the City Commission adopted
a policy statement authorizing the City Manager to sign three-year leases with current
Marina building tenants. Since then, the City Manager has signed off on these types of
leases, without consulting with the City Commission. The policy statement, adopted June
12, 1995, reads in part, "Adopt an ordinance that will allow the City Manager to approve
and execute Marina Building For Profit Lease Agreements for a three year period. Current
building tenants would have the option of a three year lease approved by the City Manager
or a five year lease approved by the City Commission." To clarify the delegation of
authority, the Legal Department suggests the City Commission consider an ordinance,
which incorporates the City Commission's June 12, 1995 directive.
Commissioner Hamilton moved to approve allowing the City Manager to sign off on
standard, 3-year lease agreements for current marina building tenants, without taking to
Commission. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6796-01 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6796-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #37 - Res. #01-09 - approving sovereignty submerged land lease renewal No.
520010893 with Board of Trustees of Internal Improvement Trust Fund of State of Florida,
re submerged land beneath Pier 60, Sec. 8-29-15, containing 14,450 sq. ft. m.o.I.,
retroactively commencing 4/1/01 for 5 year term, with initial year annual lease fee of
$3,514.24 having been paid, adjustable annually thereafter with CPI average for previous 5
years (MR)
On January 22, 1993, the City entered into a 5-year Sovereignty Submerged Land
Lease #520010893 with the Board of Trustees of the Internal Improvement Trust Fund.
The lease commenced on April 1, 1996 and terminated March 31, 2001. The lease
premises underlay the Pier 60 footprint on Clearwater beach with 14, 450 square feet,
more or less, of State bottom lands and the vertical water column rising above to the
surface. On December 6, 2000, staff provided timely written notice to the FDEP, Bureau
of Public Land Administration of the City's interest in renewing the lease. The City
received the 5-year renewal lease document on May 8, 2001.
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Commissioner Gray moved to approve sovereignty submerged land lease renewal
No. 520010893 with Board of Trustees of Internal Improvement Trust Fund of State of
Florida, re submerged land beneath Pier 60, Sec. 8-29-15, containing 14,450 square feet,
m.o.l., retroactively commencing 411 /01 for 5 year term, with initial year annual lease fee
of $3,514.24 having been paid, adjustable annually thereafter with CPI average for
previous 5 years and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #01-09 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #01-09 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #38 - Alternatives for Parking Garage(s) on the beach and Design of S. Gulfview and
Beachwalk (PLD)
A comprehensive assessment of beach off-street parking options, recommended by
Strategies for Revitalization, assumed additional parking facilities should be self-financing,
and generate sufficient gross revenues to cover construction costs, debt service,
operations, and maintenance. The report concluded Clearwater beach has a peak parking
demand problem. Less than 30% of 10 hours of daily availability over 365 days is used.
The assessment indicated additional parking spaces would generate revenue only on the
180 peak days, unless beach revitalization increases demand.
The review evaluated potential sites: 1) Rockaway: 2) Pelican Walk: 3) North Hilton;
4) South Hilton; 5) City Marina; 6) Pier 60; 7) Pier 60 Plus; 8) Coronado/Hamden; and 9)
South Beach. The evaluation considered: 1) land cost; 2) number of parking spaces; 3)
impact on redevelopment opportunities; 4) pedestrian access to beach; and 5) if project
would allow removal of parking spaces west of South Gulfview.
Parking surveys indicate the beach has more than enough parking spaces to meet
demand during most of the year. Parking is a problem only during the peak season and
peak days. The City Commission voted to begin efforts to construct a beach parking
garage before the Memorial Causeway bridge is complete: 1) Pier 60 Plus Days Inn
property - established as first priority and 2) Pelican Walk - to be constructed when
economically feasible. The City owns the Pier 60 surface parking lot, which would lower
per space construction costs. The City retained Parsons Transportation Group, Inc., to
design the parking garages and confirm their economic feasibility, beginning with Pier 60
Plus. The owner of the Days Inn opposed the plan.
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Later, Bill Kimpton, Richard Gehring, and Jim Egnew, of Prime Interest, proposed a
site north and south of Third Street, between Coronado and South Gulfview. Also,
significant developer interest was expressed for additional parking spaces in the north
Mandalay area.
Parsons analyzed: 1) Pelican Walk garage - $7.36-million - 454 net spaces - $1,947
required revenue per space - 1.07 initial debt coverage ratio; 2) Third Street between
South Gulfview and Coronado - Clearwater Seashell Resort site- $6.6-million - 283 net
spaces - $2,575 required revenue per space - 1.29 initial debt coverage ratio; and 3) Pier
60- $8.8-million - 563 net spaces - $1,983 required revenue per space - 1.26 initial debt
coverage ratio.
Staff indicates a minimum coverage ratio of 1.4 is necessary to market tax-free
parking revenue bonds. Parsons indicated the City would lose approximately $750,000 in
net income if public parking spaces west of South Gulfview are removed. Kimpton/Prime
first proposed a resort project, with 600 public parking spaces to be sold to the City as a
condominium form of development. Later, the Kimpton/Prime project reduced the number
of public spaces to 400 and assumed responsibility for constructing and operating the
public parking spaces. While the facility's economic feasibility no longer would be of
concern, the City still would lose $500,000 in annual parking income.
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During staff discussions with Kimpton/Prime, other initiatives were presented: 1)
Tony Markopoulos - "5-star" 500-room resort on Days Inn property, next to Kimpton/Prime
project and 2) David Mack - Pelican Walk garage and garage between Coronado, Hampton,
Third, and Brightwater. The City determined Mack parking space costs were too
expensive. The Markopoulos project remains conceptual as the proposed building height
and mass and number of units exceed Code. Other concerns relate to the future alignment
of South Gulfview, and the project's inability to meet DRI threshold issues. The Mack
proposal has expired and developer interest in off-street parking for North Mandalay has
waned.
Meanwhile, Kimpton/Prime approved a draft development agreement to carry out
the 'front-end" construction of the South Gulfview Realignment and Beach Walk
improvements between Pier 60 and the Beach Pavilion, south of Third Street. In
consideration of those financial responsibilities, Kimpton/Prime proposed to privately own
and operate the public parking spaces. The number of project parking spaces would
accommodate removal of parking spaces between the Pier 60 parking lot and Beach
Pavilion and add 140 net spaces to the City's public parking inventory. Staff
recommended approval.
The Markopoulos interests have initiated a series of legal challenges, which threaten
the Kimpton/Prime project's viability and threaten City public policies. Removal of beach
parking, implementation of the South Gulfview realignment and Beach Walk, and additional
parking are part of the Kimpton/Prime project. If the City remains committed to adding 400
off-street parking spaces on the beach before the new bridge opens, staff identified
options.
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The Kimpton/Prime Seashell Resort project requires vacation of the Third Street
right-of-way between Coronado and South Gulfview, and the South Gulfview right-of-way.
As conceived, the South Gulfview realignment will have 60 surface parking spaces and
remove 320 parking spaces to the west. The resort project would increase net parking by
140 spaces, which would be adjacent to Beach Walk. The project includes a 250-room
resort development with a pedestrian overpass above South Gulfview. Proposed
infrastructure improvements are estimated to cost $13-million. Mixed use of the property
will distribute land costs over several operations. Pending legal challenges create
uncertainty. In time, the project could lose momentum and fail. It is unlikely the new
parking spaces would be available prior to the bridge's opening. Beach parking spaces
would increase by only 35% of the previous commitment. The City would lose $500,000
annually in net revenue, now used for beach amenities.
The Kimpton/Prime Project Alternative assumes that Markopoulos' pending litigation
will stop the Seashell Resort Project. This turnkey project would include a parking garage
with a commercial/retail fayade to the west and possibly a small resort or condominium
project. The parking spaces would be sold to the City for approximately $18,500 per
space. Depending on its final design, the garage would offer between 500 and 700 spaces
adjacent to Beach Walk. The project is not affected by pending litigation. The project
would prevent the development of individual parcels with undesirable uses. The project
would require careful design to mitigate its aesthetics and fayades not wrapped with retail
uses. The City would be responsible for costs related to the parking facility, removal of
beach parking spaces, the realignment of South Gulfview, and construction of Beach Walk.
A local entrepreneur originally proposed the Coronado/Harnden garage and
assembled most of the land bordered by Coronado, Brightwater, Harnden, and Third Street.
This garage could hold up to 1,500 spaces. Discussions have considered extending the
site and wrapping the structure with waterfront residential units to encourage nearby
revitalization efforts. The garage could be relatively low in height and would facilitate
widening Coronado to four lanes. The facility would provide space for Coronado motels
where guests park in the right-of-way. Site development rights possibly could be relocated
for revitalization efforts and to mitigate costs. The assemblage of property always is
problematic. Without the Harnden-closure option, the property is very expensive. An
elevated crossover may be required to avoid pedestrian conflicts with Coronado traffic.
Southbound access, via left-hand turn, could stack traffic back to the roundabout. It is
unlikely the project would be self-sufficient and would require public financial support.
Strategies for Revitalization, a plan that preceded Beach by Design, recommended
constructing a garage facility at the City Marina. The assessment rated this site relatively
low due to future redevelopment efforts, etc. The City owns the land, which would lower
costs. Parking demand at the Marina is high, especially during peak season. This parking
facility could hold no more than 400 spaces and would compromise onsite movement
patterns. Considering displaced parking spaces onsite and west of Gulfview, the project
could reduce the number of beach spaces. Aesthetic concerns are less significant than
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those related to Pier 60 Plus. The location would cause traffic conflicts and could create
backups into the roundabout. The site is remote from South Gulfview. While the parking
garage would be self-financing, revenues would be insufficient to remove beach parking
spaces, realign South Gulfview, and construct Beach Walk.
Although less desirable than Pier 60 Plus, it is possible to construct a large free-
standing parking structure at Pier 60, if the Days Inn owner is unwilling to sell. The
facility's ground floor could provide 20,000 square-feet of civic space, adjacent to pier 60
Park. Approximately 800 parking spaces on three levels above the ground floor would
increase beach parking by net 243 spaces. The City owns the property, which now
provides top demand parking. While mitigating the facility's appearance is possible, the
structure's dimensions would be imposing on its north and east sides. Access to the
facility would cause problems in the roundabout. The structure would eliminate future
development of this unique asset as a park. While the parking garage would be self-
financing, revenues would be insufficient to remove beach parking spaces, realign South
Gulfview, and construct Beach Walk.
The Pelican Walk site is a logical and desirable north beach location. A 5-deck
parking garage could hold 650 spaces, for a net gain of 475 spaces. The Commission
previously identified this site for a parking garage. The North Mandalay retail community
needs additional parking. The facility would be a significant boost for Pelican Walk and act
as a catalyst for revitalization, which is expected to lag by five years. The garage is not
well located for beach parking except during peak times and would not provide a practical
alternative for south beach parking. Configuration of the site increases per space costs.
The land is expensive.
Except for the Kimpton/Prime Seashell Resort Project, all options require the City to
remove beach parking spaces, realign South Gulfview, and construct Beach Walk. These
projects are not funded. If litigation stops the Seashell Resort Project, the Kimpton/Prime
Alternative and Pier 60 are the only projects that would satisfy the Commission's
commitment to provide additional parking without extensive land costs or poor location.
The Pier 60 site is not preferred due to access issues, aesthetics, and alternative uses for
the land. The Kimpton/Prime Alternative is viable only if parking spaces west of South
Gulfview are removed. The Harnden/Coronado site is feasible only if the Seashell Resort,
the Markopolus resort, or both, are redeveloped contemporaneously.
Staff feels the Seashell Resort presents the best opportunity. Should the project
fail, the Kimpton/Prime Alternative represents the most appropriate option. Planning
Director Ralph Stone recommended the City move forward with a fiscal feasibility study.
Richard Gehring, of Kimpton/Prime, reviewed the project's history. The alternative
option would allow the firm to secure the property it has assembled.
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Six residents addressed the City Commission. Support was expressed for
constructing a parking garage at Pelican Walk, in the East Shore/Poinsettia area, or at City
Hall, with public transportation. It was felt the Pier 60 site would block the view corridor.
In response to a question, Mr. Stone said the parking garage project would need to
commence by the end of 2001 for it to be completed before the bridge opens.
Concern was expressed the Markopoulos litigation has impeded beach
redevelopment. Disappointment was expressed that Mr. Markopoulos or his representative
were not present to discuss alternatives. Mr. Stone expressed concern the Kimpton/Prime
project's assemblage of land not be canceled as the individual parcels could be developed
with problematic uses. In response to a question, the City Attorney said the City has
abated all action related to the Markopoulos lawsuits until August 2001. She estimated a
hearing officer meeting could be scheduled in 60 days. It was recommended the City drop
its abatement of and expedite the matter.
Discussion ensued regarding the alternatives and the need for parking.
Concern was expressed that rushing to meet the prior commission's commitment to
provide parking by the time the new bridge is built may not be the best course of action.
Opposition was stated to vacating Third Street for the Kimpton/Prime Alternative
with condominiums.
In response to a question, Mr. Stone said staff had narrowed its recommendations
for a site for the parking facility after reviewing a lengthy list of beach parcels. He said
constructing the first beach parking facility on north beach is inconsistent with Beach by
Design and Commission direction to first work on S. Gulfview and Beach Walk. It was
noted the City had said it would provide additional parking to replace spaces removed
during the Mandalay streetscape project. It was felt the south beach projects do not have
to be accomplished first. Mr. Stone expected a study soon on what options are possible
for Coronado. Staff is on target to meet Commission priorities and begin work on a
preliminary design for south beach. Issues related to a lack of funding have pushed the
project back 9 months. It was suggested a parking study consider the increased demand
for parking after the bridge opens and the best location for a parking facility.
Consensus was for the City to end litigation abatement regarding the Markopoulos
lawsuits. The City Commission directed staff to bring forward feasible alternative parking
garage locations with cost benefit analysis.
ITEM #39 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #40 - Other Citv Attornev Items - None.
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ITEM #41 - Citv Manaqer Verbal Reports
a) Fairwood Forest erosion
Engineering Assistant Director/PD&E Tom Miller said residents of Fairwood Forest
had approached the City regarding erosion problems and requested support and assistance.
In 1984, the City increased development standards related to storm water. Fairwood
Forest was constructed when easements on narrow properties were close to the edge of
water channels. New standards require slopes on channels to be more natural. Residents
are required to maintain the tops of their banks against erosion. Staff has prioritized the
next six years of stormwater work, with the most pressing projects scheduled first. He
said the residents are requesting public funds to improve private property. He cautioned
against establishing a precedent.
Concern was expressed residents on the west side had dumped materials into the
creek to protect their bank. It was suggested the problem is not solely related to top of
bank erosion as only one side of the bank is affected. It was suggested the City should
clean debris from the channel so that it functions correctly. Mr. Miller said the project
would be extensive and require design and survey work.
Mr. Quillen said the County had permitted the development before it was annexed
into the City. It was felt staff needs to review technical data to determine if the City is
undercutting problems. In response to a question, Mr. Miller said the City does not have a
permitting process to fill in drainage and utility easements and has insufficient staff for an
inspection program. He said the bottom of the bank has not dropped. In response to a
question, Mr. Quillen said the City could do an existing condition survey to monitor future
changes. Ms. Arasteh said the City has many creeks and channels and question if the City
Commission wants to be responsible for addressing these problems elsewhere. Mr. Miller
expressed concern regarding liability issues, stating City policy requires staff to maintain
flow.
Commissioner Gray moved to adhere to City policy that property owners are
responsible for top of bank erosion repairs. The motion was duly seconded.
Commissioners Gray, Hamilton, Jonson, and Mayor Aungst voted "Aye"; Commissioner
Hart voted "Nay." Motion carried.
b) Deer Run easement
Mr. Quillen said staff cannot determine why the pond in the rear of the property at
2517 Deer Run East was not replaced with pipe when similar work was done on nearby
properties. He did not think a precedent would be established as he knew of no other
residence in the City that was treated differently than its neighbors. In response to a
question, he estimated installation of the pipe and mitigating the stormwater off site would
cost $80,000. In response to a question, he reviewed recent efforts to curtail area
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flooding. Staff has had no recent reports of flooding at the intersections of Deer Run and
Landmark, and Enterprise and Landmark. He said the loss of storage would be minimal.
The City Attorney stated Commission rules require expenditures to be listed as an agenda
item before Commission consideration.
Consensus was to bring this issue forward as an agenda item.
c) NFPA 1710 Standard
The City Manager reported this issue had been addressed previously.
Special Meeting
The Clerk requested guidance regarding televising the June 12, 2001 meeting to
review City Manager applications.
Consensus was to hold the meeting in Chambers to allow broadcast on C-View.
ITEM #42 - Other Commission Action
Commissioner Hart said he would like to question Department Heads during the
budget review.
Commissioner Grav said a luncheon today honored City employee volunteers who
tutor and mentor county school children. She encouraged others to participate.
Commissioner Jonson reviewed subjects covered at the recent Suncoast League of
Municipalities meeting in Crystal River, including a recommendation that the City establish
a closer relationship with the legislative delegation.
Commissioner Jonson said the Trust for Public Lands wishes to make a presentation
to the Commission regarding the purchase of property in historic Bayview.
Commissioner Jonson recommended the Commission revisit its mission statement
and goals for the City.
Commissioner Jonson reported major changes will improve the SR 60 junction east
of the Courtney Campbell Causeway.
Commissioner Jonson said the Governor has until June 19, 2001 to sign or veto the
billboard legislation.
Commissioner Jonson requested citizens properly dispose of trash and cigarette
butts.
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Commissioner Hamilton questioned a newspaper quote, attributed to Hart, stating
developers control the government. He expressed concern such remarks will enflame some
citizens.
Commissioner Hart said the quote was taken out of context. He opposed vacating
3'd Street to construct condominiums.
Mavor Aunqst and Commissioner Gray said the remark disturbed them as it was not
fact based and impugned the integrity of the Commission and staff.
Commissioner Hart recommended the Commission review Community Development
Board authority and procedures.
Mayor Aunqst congratulated the Police Department on its reaccreditation.
Mayor Aunqst complimented the Fire Department for saving nearby property during
the Ramada Inn fire.
Mayor Aunast said the grand opening of the Wood Valley Police Substation had
occurred on June 2, 2001.
Mayor Aunqst said good discussion had occurred at this morning's legislative
breakfast.
Mayor Aunqst said the ground breaking of the educational wing expansion at Ruth
Eckerd Hall is scheduled for June 11, 2001, at 5:00 p.m.
Mayor Aunqst said the Tampa Bay Buccaneers will appear at the Harborview Center
on June 15, 2001.
ITEM #43 - Adiournment
The meeting adjourned at 10:48 p.m.
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ATTEST:
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