06/03/1999CITY COMMISSION MEETING
CITY OF CLEARWATER
June 3, 1999
Present: Brian J. Aungst Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Also present: Michael J. Roberto City Manager
Richard L. Hedrick Deputy City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic Church. 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 – None.
ITEM #5 – Presentations – None.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of May 20, 1999, and the special meeting of June 1, 1999, 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 Agenda
Gary Benjamin reviewed Airport Authority concerns related to the Airpark budget, ongoing maintenance, and the CIP.
Early Sorenson opposed tax increases.
John Doran applauded the City sponsored Memorial Day weekend concerts and festival.
Jack Alvord said increased beach parking rates will not attract tourists.
Tim Arthur, Sandy Britton, and James Britton expressed concerns re poor condition and lack of restrooms/running water at SPJC soccer fields.
Cindy Hayden expressed concern a decision related to Mandalay Avenue traffic flow could be reversed in the future.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading Ord. #6412-99 - Vacating W 5' of N 60' of 10' Drainage & Utility Easement lying along east lot line of Lot 37, Feather Tree Sub. (Livernois,
V99-07)
The applicant wishes to construct an inground pool at 301 Feather Tree Drive along the easterly property line and encroach into the easement. No City utilities are within the easement.
Utility companies do not object to the request
Commissioner Johnson moved to approve the request to vacate the west 5 feet of the north 60 feet of that 10-foot Drainage & Utility Easement lying along the east lot line of Lot 37,
Feather Tree Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6412-99 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #412-99 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #9 - Ord. #6404-99 - Land Use Plan Amendment to Preservation for property located at 950 Old Coachman Rd., Sec. 7-29-16, M&B 42.01 (Pinellas County Board of County Commissioners,
LUP99-01, Z99-01)
AND
ITEM #10 - Ord. #6405-99 - "P" Zoning for property located at 950 Old Coachman Rd., Sec. 7-29-16, M&B 42.01 (Pinellas County Board of County Commissioners, LUP99-01, Z99-01)
The City Attorney requested Items #9 and #10 be continued.
Commissioner Hooper moved to continue Items #9 and #10. The motion was duly seconded and carried unanimously.
ITEM #11 - Ord. #6406-99 - Annexation for property located at 213 & 217 Elizabeth Ave., Sec. 17-29-16, M&B 13.20 (Thomas & Barbara Maas, A99-05)
The City Attorney presented Ordinance #6406-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6406-99 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #12 - Ord. #6407-99 - MDR Zoning for property located at 213 & 217 Elizabeth Ave., Sec. 17-29-16, M&B 13.20 (Thomas & Barbara Maas, A99-05)
The City Attorney presented Ordinance #64076-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6407-99 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #13 - Ord. #6408-99 - Annexation for property located at 2401 Nursery Rd., Sec. 19-29-16, M&B 43.05, 43.06 & 43.07 (Vincent & Carolyn S. Yancar, Jr., A99-06)
The City Attorney presented Ordinance #6408-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6408-99 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #14 - Ord. #6409-99 - LMDR Zoning for property located at 2401 Nursery Rd., Sec. 19-29-16, M&B 43.05, 43.06 & 43.07 (Vincent & Carolyn S. Yancar, Jr., A99-06)
The City Attorney presented Ordinance #6409-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6409-99 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
CITY MANAGER REPORTS
ITEM #15 - Assign right to exercise option to purchase parcels A & B of Dimmitt property to the CRA (ED)
On December 10, 1998, the City Commission approved the purchase of real property, known as the Dimmitt Property, for the Town Pond Regional Retention Project. The Commission also approved
the option to purchase Dimmitt Property parcels A & B, which front Cleveland Street. The City was not charged for the first 180-day option. An additional six months’ option will cost
$50,000. This agreement allows the City to assign the option to the CRA (Community Redevelopment Agency), which has funds available to exercise the second option. This assignment will
provide the CRA Executive Director the ability to market the site for redevelopment that is consistent with City plans.
In response to a question, the City Attorney said this assignment does not preclude the property from being used as a main library site.
Commissioner Johnson moved to assign the right to exercise the option to purchase parcels A & B of the Dimmitt property to the Clearwater Community Redevelopment Agency and that the
appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
CONSENT AGENDA (Items #16-23) – Approved as submitted.
ITEM #16 - Approval of Purchases per 05/13/99 memorandum:
Welch Tennis Courts, tennis court resurfacing & installation of new posts at Morningside Recreation Center (5 courts) and Woodgate Park (2 courts), estimated $26,207.50 (QOL)
Skypainter Fireworks International, Inc., fireworks & associated demonstration service to be shown at Coachman Park and Clearwater Beach on 12/31/99, $60,000 (QOL)
Astro Bus Service, transportation service between Clearwater recreation centers & various destinations in Pinellas, Pasco, Hernando, Hillsborough & Sarasota Counties to support recreation
center activities during 06/04/99-05/31/00, estimated $42,000 (QOL)
Altec Industries, one 1999 International truck with Altec aerial lift (replacement) to be used by Parks and Recreation, $82,323; funding to be provided under City's Master Lease-Purchase
Agreement (GSS)
Ross Systems, Inc., financial system software maintenance, 06/30/99-06/29/00, $55,952 (GSS)
Airtouch Paging, pager rental & service, 06/04/99-05/01/02, estimated $75,000 (GSS)
Genuine Parts Company, truck accessories to be used by departments operating City vehicles, 06/04/99-06/30/00, estimated $50,000 (GSS)
Duval Ford, one 1999 Ford Taurus sedan (replacement) to be used by Solid Waste/Recycling, $15,633; funding to be provided under City's Master Lease-Purchase Agreement (GSS)
ITEM #17 - Contract for Clearwater East-West Recreation Trail - Del Oro Section to Purvis Curbs Corp., for $183,601.23 (PR)
ITEM #18 - Interlocal Agreement with Pinellas County for purpose of applying jointly to obtain State recycling grant funds from FDEP, from date of execution through 09/30/04 with option
of an additional five year extension (SW)
ITEM #19 - Contract for construction of 2 parking lots and landscaping for Resource Center for Foundation Village and Police Substation to R. Cobb Construction, $52,765.24 (PW)
ITEM #20 - Agreement with FDOT for to allow artwork to be placed on east side of US 19N overpass at Gulf to Bay Boulevard (pilot project corridor)(PW)
ITEM #21 - Sidewalk Easement - Pine Crest Sub., Blk 4, part of Lot 12 - Morton Plant Hospital Association, Inc. (Turley Family Practice Center, N. Myrtle Ave.)(CA)
ITEM #22 - Drainage & Utility Maintenance Easements (3) and Consent to Easement - Gulf to Bay Gardens, part of Lot 34 - Absolute Property Holdings (Gulf to Bay and David Avenue)(CA)
ITEM #23 - Authorize settlement of Rifkin v. City for $95,000 (CA)
It was noted the City is paying the full cost of the parking lots in Item #19.
Commissioner Hooper 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 #24 - Update regarding Beach Entryway (Roundabout) Project (CM)
Public Works Administrator Rich Baier said the project is on time and under budget. Several daytime lane closings will occur for utility relocation. Sign boards will direct drivers.
ITEM #25 - Approve Pier 60 Lot PLUS and Pelican Walk options as preferred sites for development of two Parking Garages at the beach and authorize Public Works Administration to move
forward with more detailed engineering (PD&E) work and financial analysis (PW)
The “One City. One Future.” plan for beach redevelopment includes added off-street parking. A recent beach parking feasibility study indicates a parking deficit of 300 to 400 spaces
during certain times of the year. The City’s planning consultant has identified 9 sites for
a parking garage(s): 1) Rockaway Lot; 2) Pelican Walk: 3) Hilton (north); 4) Hilton (south); 5) Marina; 6) Pier 60 lot; 7) Pier 60 lot PLUS; 8) Coronado et al; and 9) South Beach Inlet.
Sites were evaluated based on land costs, proximity to Gulfview parking, east-west proximity to the beach, redevelopment opportunities, and additional parking. The Pier 60 lot PLUS
location was found to be most favorable.
The Pelican Walk site will meet parking needs for long-range transportation and business redevelopment issues associated with Mandalay Avenue. Parking garage sites were discussed at
several public input meetings. As staff moves forward, all public input will be considered. In compliance with City purchasing requirements, staff will expedite the selection of a
parking/engineering consultant to assist in the next phase of a detailed financial feasibility pro-forma and review of traffic operational and engineering design issues.
The City Manager said the two-year beach redevelopment process includes the garages, new bridge, the roundabout, and traffic distribution. Charles Siemon, of Siemon and Larsen, felt
private sector interest on North Mandalay is sufficient to justify construction of a parking garage at the Pelican Walk site. The garage’s size will be determined by the economics of
what it can support. The Pier 60+ site serves demands by increasing parking by at least 400 spaces, supporting economic development, and removing parking on Gulfview south of Pier 60
Park. Removal of the Day’s Inn will provide a dry sand redevelopment opportunity of 100 hotel or time-share rooms for private sector development.
An artist’s concept was presented of the Pier 60+ garage with a wave motif, tiered back design, attractive façade on Coronado, and community tile wall. The garage could include a visitor’s
center, elevated place to view the sunset, or teaser for the aquarium. A drop off for the pier and pavilion is planned. Traffic will be moved away from the roundabout reaching the
garage’s entrance. Private sector development is limited to the Day’s Inn property unless residents approve a referendum to expand the development’s retail capacity.
Approval is requested for staff to move forward and assess alternatives, feasibility, engineering and architecture issues, identify the number of parking spaces, design the structure,
prepare finances, and select a developer, etc. While the Pier 60+ structure can replace all parking spaces west of Gulfview and south of the Day’s Inn, the City Manager said South Beach
merchants’ dependence on those spaces is being considered. The City Manager said City taxes will not be used to construct the garages. Parking fees will fund these developments.
Of 24 citizens who addressed the subject, 5 supported the Pier 60+ garage, 4 supported both garages, 5 opposed both garages, 9 opposed the Pier 60+ garage, and 1 opposed the Pelican
Walk garage.
It was stated the Commission had promised to construct a beach parking garage before the new bridge is complete. Concern was expressed income anticipated from the Pier 60+ garage is
optimistic. It was suggested development rights on Coronado had not been considered adequately. In response to a question, Mr. Baier estimated the next step will cost $95,000. In
response to a question, the City Manager said additional analysis would be required for the Coronado site as it affects 14 property owners. Mr. Siemon said while development rights
had been considered when analyzing garage sites and the Coronado site had been presumed the favorite, it was concluded construction of a garage there was not viable
in the near term due to the number of large structures and lack of free land. It was recommended assumptions related to the Pier 60+ site be reviewed closely.
It was stated Marina businesses cannot expand without added parking. Few ride to the beach from Downtown on the trolley even though it has operated for years. It was noted the panorama
view of the beach is a result of recent demolitions. It was stated the Pier 60+ garage will reduce traffic problems. Support for the Pier 60+ as a destination was expressed. Consideration
of Devon Drive resident needs was expressed. It was suggested a provision for short term parking at Pelican Walk be considered. In response to a question, Mr. Siemon said the McKay
field site is not feasible for a parking garage. He said hotels have minimum parking needs.
In response to a question, the City Manager said if approved, a more detailed drawing of the garage’s exterior will be prepared along with an animated visual. The same process encouraging
public input will follow. With new technology, signs will advise motorists where parking spaces are available before they arrive on the beach. The goal is to move traffic off beach
roads quickly. The study will provide an analysis of floor space for the City Commission to decide if the Library, civic center activities, or Police substation could be incorporated
into the parking garage’s design. In response to a question, Mr. Siemon recommended a referendum be considered once staff can answer resident questions regarding alternatives. In response
to a question, the City Manager said a winding pedestrian path west of Gulfview is planned. Future plans include extension of the path, an additional floor for the garage, and the possibility
of removing all parking west of Gulfview.
Commissioner Johnson moved to approve the Pier 60 Plus and Pelican Walk options as the preferred sites for development of two parking garages at the beach and authorize Public Works
Administration to move forward with detailed engineering (Project Development & Environmental) and financial analyses and that the appropriate officials be authorized to execute same.
The motion was duly seconded. Commissioners Johnson, Hooper, Hart, and Mayor Augnst voted “Aye”; Commissioner Clark moved “Nay.” Motion carried.
ITEM #26 - Construction of Lake Belleview Outfall Drainage Pipe Project and dedication of easement in lieu of Development Impact Fees, reimbursing Barrow Health Clearwater for $50,500
and Bob Hatfield for $5,582.68 for fees already paid, for Parcel 6-8 of Sunshine Mall Redevelopment, subject to dedication of easement & construction of pipe project (PLD)
Ordinance #1452 requires a development impact fee for all new buildings and structures. Funds are used for construction of roads, public transit facilities, and storm drainage. Developers
of the Sunshine Mall property have received all necessary site plan approvals. Permits have been approved and the property is cleared for development. On Parcels 6, 7, and 8, 644 residential
multiple family units, including 240 elderly units, will be constructed. On the remainder of the property, 206,127 square-feet of commercial space will be constructed along Missouri
Avenue.
The developer’s engineer has obtained from the site work contractor a $170,070 estimate for replacement of the Lake Belleview outfall storm sewer which runs through the
project. Staff has verified submitted costs are reasonable. The existing corrugated metal storm sewer pipe needs upgrading. The developer will construct this storm drainage project
and requests the Commission accept this work with easement as required by Public Works in lieu of development impact fees and to reimburse impact fees already paid.
The total development impact fee for parcels 6, 7, and 8, is $162,00. Credits to be applied are: $170,070 (outfall drainage pipe relocation) + $45,917.32 (credit for previous buildings
on site) = $215,987.32. The remaining credit of $53,987.32 can be applied to development impact fees for future development of outparcels. This approval provides an incentive to attract
housing close to downtown. As the site is in an enterprise zone and Brownsfield Area, the City can provide incentives and credits.
In response to a question, Deputy City Manager Rick Hedrick said the City will provide oversight for the drainage pipe project, which will be constructed to City specifications. In
response to a question, the City Manager said the City is dealing with the worst problems related to a failing drainage system first. It was noted once the referenced construction is
completed, a small portion of old pipe will remain.
The Commission recessed from 6:51 to 7:01 p.m.
Discussion ensued. Ed Armstrong, representative for the developer, proposed to extend the new drainage pipe under Druid Road to 10-feet north of the Druid Road right-of-way. The City
Attorney indicated the additional construction work will be done in exchange for credit against future development impact fees.
Commissioner Johnson moved to approve the construction of the Lake Belleview Outfal Drainage Pipe Project and dedication of easement in lieu of the development impact fees; reimbursing
Barrow Health Clearwater for $50,000 and Bob Hatfield for $5,582.68
for the fees already paid, for Parcels 6, 7, and 8 of the Sunshine Mall Redevelopment, and amended to extend the drainage pipe to 10-feet north of the Druid Road right-of-way in exchange
for additional credit against future development impact fees subject to dedication of easement and construction of pipe project. The motion was duly seconded and carried unanimously.
The Commission recessed from 7:03 to 7:04 p.m. to meet as the Community Redevelopment Agency.
ITEM #27 - Brownfields Advisory Board - 1 appointment (CLK)
Commissioner Hooper moved to appoint Karen Fenton. The motion was duly seconded and carried unanimously.
ITEM #28 - Marine Advisory Board - 1 appointment (CLK)
Commissioner Clark moved to Thomas Horne. The motion was duly seconded and carried unanimously.
Outgoing member David Martens was thanked for his service to the board.
ITEM #29 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #30 - City Attorney Items
In response to a question, the City Attorney said a review indicates the City can build on the Harborview Center west parking lot.
ITEM #31 - City Manager Verbal Reports
A Special Pension Trustees meeting was scheduled for June 7, 1999 at 3:30 p.m.
ITEM #32 - Other Commission Action
Commissioner Hart said consideration of north/south beach traffic flow must be an integral part of the analysis related to the parking garages.
Commissioner Hart complimented staff for the successful Memorial Day weekend concert venue at Coachman Park.
Commissioner Hart recommended the City do more publicizing regarding the annual Water Safety Day.
Commissioner Hart thanked the City’s consultants for their help with beach planning.
Commissioner Johnson questioned when the Mandalay Streetscape would come back to the Commission. The City Manager reported alternatives will be brought forward after they are analyzed.
Commissioner Clark expressed concern regarding references in Bill Jonson’s May 15, 1999, letter related to billboard legislation. City Manager said only two cities were exempted from
the State legislation. The City’s lobbyist also represents the billboard industry. When the FLC (Florida League of Cities) established its priorities at the session’s end, billboard
legislation was not judged to be most vital.
Commissioner Clark expressed disappointment regarding the governor’s veto of funding toward the clean-up of Stevenson’s Creek. Staff to bring forward alternative for seeking needed
funding.
Commissioner Hooper thanked Mr. Justice and IMR for replacing 3 diseased oak trees with more than 150 trees to beautify the site.
Hooper said he had received Mr. Ficken’s electronic message but will not reply electronically.
ITEM #33 - Adjournment
The meeting adjourned at 9:23 p.m.