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09/18/2003CITY COMMISSION MEETING CITY OF CLEARWATER September 18, 2003 Present: Brian J. Aungst Mayor/Commissioner Hoyt P. Hamilton Vice-Mayor/Commissioner Whitney Gray Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also Present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant 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 James Rousakis, Holy Trinity Greek Orthodox 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. 3 - Service Awards One service award was presented to a City employee. 4 - Introductions, Awards and Presentations a) 2003 Legislative Wrap-up – Representative Gus Bilirakis Representative Gus Bilirakis reviewed legislative issues addressed this year. The Mayor presented him a plaque in appreciation of work done during the 2003 legislative session. 5 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the September 4, 2003, meeting, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. 6 - Citizens to be heard re items not on the Agenda John Wiser recommended using a PSTA (Pinellas Suncoast Transit Authority) grant for Jasmine Court bus shelters, and reviewed upgrades to the Countryside area, including volunteers planting new landscaping at the library. Rev. Floyd opposed removing a feeding tube from a comatose patient. PUBLIC HEARINGS 7 - FY 2003/2004 Annual Budget Commissioner Hibbard moved to approve the City’s FY 2003/2004 annual budget. The motion was duly seconded and carried unanimously. a) Second Reading Ordinance #7187-03 - setting a final millage rate of 5.753 mills for Fiscal Year 2003/04 levied against non-exempt real and personal property within the City. (BU) Ordinance #7187-03 was presented for second reading and read in full. Commissioner Hamilton moved to pass and adopt Ordinance #7187-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. b) Second Reading Ordinance #7188-03 - Annual Operating Ordinance which establishes the City of Clearwater Annual Operating Budget for the 2003/04 Fiscal Year. (BU) Ordinance #7188-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7188-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. c) Second Reading Ordinance #7189-03 - Capital Improvement Ordinance establishing the FY 2003/04 budget and six-year plan for the Capital Improvement Program (CIP) (BU) Ordinance #7189-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7189-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 8 - Public Hearing - Declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee") a 10-foot wide easement area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion Sec. 7-29-16. (PW) The Utility Distribution Easement with Progress Energy is to provide a corridor in which to install a transformer and equipment necessary to supply power to the new Community Sports Complex. The subject easement grants Progress Energy authority 5 feet of each side of all of its distribution lines throughout the project in order to facilitate installation, maintenance, and if necessary, future relocation of such facilities as may be mutually agreed upon between the City and Progress Energy. There are no costs associated with the granting of the easement. Commissioner Hibbard moved to declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee") a 10-foot wide easement area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion of the Southeast corner of the Northeast 1/4 of Section 7, Township 29 South, Range 16 East, as more specifically described in attachment "A" of said Utility Distribution Easement. The motion was duly seconded and carried unanimously. 9 - Public Hearing - Declare as surplus Lot 37, Blk D, Greenwood Park #2, and offer for sale by invitation for Bid No. 32-03 for residential development at the minimum bid amount of $10,500 subject to special qualifying criteria (PW) The City has determined there is a growing demand for safe, decent, and affordable housing in the North Greenwood Community. The subject lot is located at 1108 Engman Street and zoned MDR (Medium Density Residential. Its proximity to the new Recreation and Aquatic Center, Library, and the Martin Luther King corridor makes it attractive for redevelopment. The 40-foot by 91-foot lot was acquired by the City in September 1998, in lieu of foreclosing a lien placed for violations of the minimum housing code. The minimum bid amount has been established by a July 17, 2003 appraisal performed by Advanced Appraisal Services, Inc. Invitation for Bid 32-03 will require that the successful bidder comply with the following bid criteria: 1) Developer must have at least 10 years experience in developing property for affordable housing purposes; 2) Developer must plan to develop the property for residential purposes; 3) Development team must have the ability to screen potential owners to ensure they are eligible for State and Federal assistance in the event such funding source(s) will be used by the developer; and 4) Developer must be prepared to begin construction no later than January 1, 2004, and in the event State and Federal funds are used in the project, should complete the project not later than January 1, 2006. Commissioner Jonson moved to declare as surplus Lot 37, Block D, Greenwood Park No. 2, and offer for sale by Invitation For Bid No. 32-03 for residential development at the minimum bid amount of $10,500, subject to special qualifying criteria. The motion was duly seconded and carried unanimously. 10 - Public Hearing and First Reading Ordinances #7173-03, #7174-03 and #7175-03 – Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County R-3, Single-Family Residential District, to City Low Medium Density Residential (LMDR) for property located at 1420 Lime Street (Sunny Park Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn Simpson). ANX2003-06013 The subject property is located at 1420 Lime Street, on the north side of the street, approximately 730 feet east of Hillcrest Avenue. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting right-of-way not currently within the City limits also be annexed. The subject site is approximately 0.15-acre in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. 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, Countywide Plan, and the Community Development Code; AND 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs and no objections have been raised. On August 19, 2003, the CDB (Community Development Board) reviewed this proposed annexation and unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 1420 Lime Street (Lot 24, Block F, Sunny Park Groves in Sec. 23-29-15). The motion was duly seconded and carried unanimously. Ordinance #7173-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7173-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7174-03 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7174-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7173-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7173-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances 11 - Ordinance #7106-03 - Approve amendments to the Community Development Code as relating to Comprehensive Infill Redevelopment Projects, signage, length of time for Level One (Flexible Standard) and Level Two (Flexible Development) development reviews, clarifies the effect of Level One (Flexible Standard) and Level Two (Flexible Development) approvals, expands minor amendment provisions regarding changes to Level Two development approvals, increases the number of times and under what circumstances Level One (Flexible Standard Development) and Level Two (Flexible Development) approvals can be extended and adds a definition for adopt-a-park signs. (PLD) Ordinance #7106-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7106-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 12 - Ordinance #7153-03 - Approve the Clearwater Downtown Redevelopment Plan. (PLD) Commissioner Hibbard moved to amend Ordinance #7153-03, Exhibit A as follows: amend second paragraph under “Trails,” on page 122, as contained in Parks, Open Space and Recreational Amenities Section of Chapter 3, Land Use Plan/Redevelopment Plan as shown below: “In recognizing the importance of providing alternative transportation and recreation opportunities from the mainland to Clearwater beach, the Downtown Plan also supports the creation of the Clearwater Beach Connector Spur. The preferred route would travel from the existing Pinellas Trail west along Turner Street, north on Oak Street to connect with the new Memorial Causeway Bridge, which has a dedicated pedestrian/bike lane. Final determination of the route and its design will be made during the design process, which will include a public education and involvement component.” AND Exhibit B as follows: on page 8, amend the exhibit to include streetscape plans for Osceola Avenue and Fort Harrison Avenue, which were missing from the original Draft Downtown Plan, and on page 9, amend the exhibit to include the most current concept plan for Station Square Park. The motion was duly seconded and carried unanimously. Ordinance #7153-03 was presented for second reading as amended and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7153-03, as amended, on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 13 - Ordinance #7001-03 - Land Use Plan Amendment to Residential High (RH) for property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16) (Bayridge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD) Ordinance #7001-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7001-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 14 - Ordinance #7002-03 – Rezoning to Medium High Density Residential (MHDR) for property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16) (Bayridge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD) Ordinance #7002-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7002-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 15 - Ordinance #7056-03 – Land Use Plan Amendment to Residential Medium (RM) for property at 209-229 Windward Passage (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Sec. 08-15-15) (The Pools at Windward Passage Homeowners' Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 (PLD) Ordinance #7056-03 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7056-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 16 - Ordinance #7057-03 –Rezoning to Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) for property at 209-229 Windward Passage (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Sec. 08-15-15) (The Pools at Windward Passage Homeowners' Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 (PLD) Ordinance #7057-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7057-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 17 - Ordinance #7088-03 –Land Use Plan Amendment to Residential High (RH) for property located at 202 Windward Passage (Island Estates of Clearwater Unit 5, Block D, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) (High and Dry Marina, Inc.) LUZ2002-11011 (PLD) Ordinance #7088-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7088-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Hibbard, and Aungst. "Nays": Jonson. Motion carried. 18 - Ordinance #7089-03 – Zoning Atlas Amendment to High Density Residential (HDR) for property located at 202 Windward Passage (Island Estates of Clearwater Unit 5, Block D, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) (High and Dry Marina, Inc.) LUZ2002-11011 (PLD) Ordinance #7089-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7089-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Hibbard, and Aungst. "Nays": Jonson. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #19 - 32) – Approved as submitted, less Item #27. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. 19- Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: a) Library materials, books and publications during the contract period: October 1, 2003 through September 30, 2004, for $151,000 from Book Wholesaler, Lexington, KY. b) Library materials, books and publications during the contract period: October 1, 2003 through September 30, 2004, for $226,000 from Ingram Library Services, Lavergne, TN. c) Disposal of refuse during the period: October 1, 2003 through September 30, 2004, for $2,265,000 and $2,585,000 from Pinellas County Solid Waste Management Department d) Installation of gas mains and service lines during the period: October 1, 2003 through September 30, 2004, for $850,000 from Mastec North America, Inc., Tampa, FL e) Latent fingerprint and crime scene services including evidence and property storage during the contract period: October 1, 2003 through September 30, 2004 for $490,084.33 from Board of County Commissioners, Clearwater, FL. 20 - Approve the purchase of property, casualty, liability, workers’ compensation, emergency medical services (EMS), fuel tank, and flood insurance coverage for Fiscal Year 2003/04 in an amount not to exceed $1,962,020. (FN) 21 - Authority to pay up to $70,000 for incurred and anticipated expenses and anticipated claims related to a sewer backup at the Holt Avenue Youth Center Building. (FN) 22 - Approve a contract with Ross Systems and authorize payment to Ross Systems in an amount not to exceed $720,000 for the purchase and implementation of a new financial system and approve a transfer of $500,000 of unrestricted retained earnings of the Central Insurance Fund to project 315-94809. (FN) 23 - Approve a one-year funding agreement, in the amount of $291,240 between Jolley Trolley Transportation of Clearwater, Inc., and the City of Clearwater for the operation of transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and services from Clearwater Beach to Downtown Clearwater. (PR) 24 - Approve a five-year agreement from October 1, 2003 - September 30, 2008, between the City of Clearwater and the Mount Carmel Community Development Corporation of Clearwater, Inc., for the use and supervision of the Kings Highway Center. (PR) 25 - Award a contract in the amount of $109,898.86 to DGG TASER, Jacksonville, FL for the purchase of one hundred fifty (150) M26 Tasers. (PD) 26 - Approve acceptance of grant funding in the amount of $30,822 from the State of Florida, Office of the Attorney General, FY 2003/04 Victims of Crime Act (VOCA) Grant Program. (PD) 27 - See below. 28 - Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School and Countryside High School for 3 years commencing August 17, 2003, through July 31, 2006. (PD) 29 - Award a contract for parking attendant services at the Pier 60 and South Gulfview parking lots for the period 10/01/03 – 09/30/06 to Standard Parking Corporation, Tampa, FL, at a cost of $1,235,004 per the final evaluation of the Request for Proposal #33-03 in accordance with the specifications. (PW) 30 - Approve the Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for funding the Alligator Creek Implementation Projects, Phase II in the amount of $1,000,000. (PW) 31 - Approve a Work Order with Parsons, an Engineer of Record, for construction engineering and inspection for the Kapok Wetland and Floodplain Restoration Project in the amount of $599,547. (PW) 32 - Authorize settlement of Udoh v. City of Clearwater, an employment discrimination case, in the amount of $65,000. (CA) Commissioner Gray moved to approve the Consent Agenda as submitted, less Item #27, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 27 - Approve a transfer of $300,000 from the 2003 debt service account into a special project account established to fund a downtown team of one Sergeant and five Officer positions. (PD) Due to the expiration of federal grant funding for the Police Homeless Outreach program, which provided overtime for downtown police patrols, current and future issues require new approaches for a higher level of police visibility and order maintenance in the downtown area. Due to the pending reduction of 11 officer positions from expired federal grants, the Police Department does not have adequate staffing in existing community policing teams to reorganize and create a new team specific to the downtown core area. The Police Department has an anticipated $300,000 saving in debt services from the Police Computer Network Capital Improvement Program. This program will retain six sworn officer positions slated to be eliminated, and will be funded in the same manner as grant positions, only for the next budget year, and with no requirement for retention. One person expressed concern emphasis was being placed on the homeless and Hispanic community. The City Manager said while a newspaper article on the team had emphasized the homeless and the Hispanic community, the Police Department has explained to concerned residents that there is no connection between homeless problems in Clearwater and the Hispanic community. Commissioner Hibbard moved to approve a transfer of $300,000 from the 2003 debt service account into a special project account established to fund a downtown team of one Sergeant and five Officer positions, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT 33 - Approve an amendment to the City Commission land development policy relating to freestanding signs, landscaping, walls and monuments serving subdivisions. (PLD) The Planning Department and Neighborhood Services propose an amendment to the City Commission land development policies that would permit freestanding signs and landscaping within public rights-of-way identifying previously developed single-family subdivisions and multi-family developments. The existing City Commission policy prohibits entranceway signage and landscaping within the public rights-of-way and many older developments do not have private land to accommodate a neighborhood/complex identification sign. The provisions of proposed Ordinance #7106-03 permit such signs and the Commission policy should be revised to reflect the ordinance provisions. The policy amendment also removes the provision restricting adopt-a-park signs to wood signs 18-inches in height with three-inch letters. Proposed Ordinance #7106-03 will govern these signs. The Parks and Recreation Department currently is exploring a variety of sign types and designs and will create a catalogue of several, pre-approved designs. All other aspects of the existing policy will remain including, but not limited to liability provisions, insurance requirements, and maintenance standards. Commissioner Hamilton moved to approve an amendment to the City Commission land development policy relating to freestanding signs, landscaping, walls and monuments serving subdivisions. The motion was duly seconded and carried unanimously. 34 - First Reading Ordinances #7171-03 and #7172-03 amending the City's Annual Operating and Capital Improvement Program (CIP) Budgets for FY 2002/03. (BU) The FY 2002/03 budgets for City operations and City capital improvement projects were adopted in September 2002 by Ordinances #7012-02 and 7013-02. In accordance with the City Code of Ordinances, a review of the City's financial operations was performed at the end of the third fiscal quarter. That review determined that amendments were needed to the budgets due to unforeseen or emergency circumstances that have arisen during the year. The report is based on nine months of activity, from October 2002 through June 2003 in the current fiscal year. The report comments on major variances and documents all proposed amendments. Significant Fund amendments are: 1) General Fund - General Fund revenues and expenditure amendments reflect a net decrease of $97,360 at third quarter. One of the most significant amendments recognizes that telecommunications tax revenues are anticipated to be well below estimates, by as much as $1-million by year end. On the other hand, franchise fees utility taxes, building permit revenues, and property tax receipts are coming in better than expected, and related amendments will offset the decrease in telecommunication tax revenues. Overall, gross revenue receipts across all General Fund revenue categories are still expected to be on budget for the year. The major reason for the overall Fund expenditure decrease of $97,360 is the result of a planned reduction in Parks and Recreation operational expenditures to offset lower than anticipated revenues for recreational fees, rentals, and activities for the fiscal year. To ensure adequate reserves, the City Commission’s policy reflects that General Fund unappropriated retained earnings of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. At third quarter, the allocation of $69,300 of retained earnings is appropriated to fund commitments previously authorized by the Commission. In addition, another $42,340 is allocated for General Fund retirement payout expenses, for a net allocation of $111,640 from retained earnings at third quarter. Estimated General Fund reserves at third quarter are approximately $10.5-million, or 11.4% of the current year’s General Fund budget, exceeding the City’s reserve policy by just over $2.6-million. 2) Gas Fund - Again at third quarter, the Gas Fund recognizes a significant increase in gas sales and related franchise fees, as well as other minor revenue increases, primarily due to increases in gas sales due to increased fuel prices resulting in an increase in Fund revenues of almost $1.6-million at third quarter. Program expenditures are expected to increase by a little more than $1.2-million with fuel costs representing the largest portion of this cost increase. 3) Solid Waste Fund - Solid Waste revenues reflect a $49,700 increase in operating revenues at third quarter due to increased roll-off and commercial activity. Program expenditures are expected to increase by $119,100 as a result of increased dump fees due to the enhanced levels of roll-off and commercial activity. 4) Recycling Fund - Recycling Fund revenues reflect a $35,000 increase in operating revenues at third quarter, due to increased commercial activity and the sale of recyclables. Program expenditures are expected to increase by only $3,360. 5) Marine & Aviation Fund - Marine and Aviation Fund revenues and expenditures reflect an increase of $75,000 due to increased gas and oil sales, and the related increased cost of fuel for resale. 6) Parking Fund - The only amendments to the Parking Fund are the allocation of $1.45-million of unappropriated retained earnings to the Pelican Walk Garage project and $62,400 to establish the Parking Enforcement program in the current year. Both items have been approved by the Commission during the last few months. 7) Harborview Fund - Third quarter amendments reflect savings in program expenditures netting to $19,500 accumulated to offset anticipated like decreases in Harborview revenues for the year. The Harborview Fund is being monitored carefully on a monthly basis in order to meet annual budget parameters. 8) Internal Service Funds - The Administrative Services Fund recognizes an amendment to fund the City-Wide Connectivity project from a loan from the Central Insurance Fund in the amount of $916,540, which was approved by the Commission in June 2003. All other expenditure amendments to the internal service funds have been either previously approved by the Commission or are relatively minor and offset by like increases in revenues for enhanced departmental support. 9) Capital Improvement Fund - The amendments to the Capital Improvement Fund total a net budget increase of $8,885,734. The most significant amendments include $5.5-million for stormwater projects for Kapok and Lake Bellevue improvements, $1.45-million for the Pelican Walk Parking Garage, and $1.2-million for City-Wide Infrastructure Connectivity, and $638,500 for the property purchase for the new Fire Shop/Supply facility. The City Commission previously has approved all of these capital improvement project budget increases. The only significant amendments that have not been approved previously by the Commission include the allocation of Fire Department operating savings to provide $65,000 to outfit the Fire Shop/Supply Facility, $150,640 in debt savings in the Information Technology program to allocate to the project for the Finance System Replacement, and $25,000 of operating savings in the Clearwater Customer Service program to establish a project to fund improvements to the CCS printer room. The only other significant new project is the recognition of a HUD grant in the amount of $131,500 to support the Coronado/South Gulfview project. 10) Special Program Fund - The Special Program Fund reflects a net budget increase of $1,708,107 at third quarter. Budget amendments primarily reflect increases in public safety programs totaling $641,843 recognizing projects established for the Downtown Patrol operation, a grant from the Clearwater Housing Authority for patrol presence at Jasmine Court, funding for Police outside duty services, and other miscellaneous public safety grants; $458,667 of increases in the Special Events program recognizing sales and proceeds received from special events; and more than $320,000 in other grant funds including $200,000 from the EPA for Brownfields programs and more than $75,000 from the Juvenile Welfare Board to support recreation programs for youth. Commissioner Gray moved to amend the City's FY 2002/03 Operating and CIP (Capital Improvement Project) Budgets. The motion was duly seconded and carried unanimously. Ordinance #7171-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7171-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7172-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7172-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 35 - First Reading Ordinance #7190-03 - Amend Chapter 2, Article III, Division 3, Code of Ordinances to revise Section 2.104, Powers and Duties of the Beautification Committee for the Committee's review of selected City projects. (PR) On December 16, 2002, at the Special Work Session on Advisory Boards, review of City projects was discussed with guidance to have the Beautification Committee provide recommendations to the Commission and City Manager on projects in the City related to aesthetic enhancements. Over the past several months, the Committee has met with staff from Parks and Recreation, Planning, and Engineering to determine the appropriate way to include this as part of its duties. Consistent with both discussions, at the Committee's August 6, 2003 meeting, unanimous approval to the proposed change of this Ordinance was given. The proposed new changes provide for the Committee's role to encourage beautification as aesthetic enhancement, review selected City projects, advise the City Manager and other municipal officials, and submit written recommendations to the Commission. Commissioner Hamilton moved to amend Chapter 2, Article III, Division 3, Code of Ordinances to revise Section 2.104, Powers and Duties of the Beautification Committee for the Committee's review of selected City projects. The motion was duly seconded and carried unanimously. Ordinance #7190-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7190-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 36 - Adopt Resolution #03-28 and approve and accept an Interlocal Agreement/ Franchise with the City of Belleair Beach in order to provide natural gas service to the citizens of Belleair Beach. (CGS) On September 8, 2003, the City of Belleair Beach Commission approved the Interlocal Agreement with the City of Clearwater, which provides a franchise for the Clearwater Gas System to provide natural gas service in Belleair Beach. The Clearwater Gas System has provided service within the City of Belleair Beach for at least the past 10 years under one prior 10-year franchise. The Interlocal Agreement provides the City of Clearwater an additional 15-year non-exclusive right to continue to construct, operate, and maintain all facilities necessary to supply natural gas to the City of Belleair Beach. The Interlocal Agreement provides for a 6% franchise fee to be paid by the consumers of natural gas within the City of Belleair Beach. Commissioner Hibbard moved to approve and accept an Interlocal Agreement/Franchise with the City of Belleair Beach in order to provide natural gas service to the citizens of Belleair Beach. The motion was duly seconded and carried unanimously. Resolution #03-28 was presented and read by title only. Commissioner Jonson moved to pass and adopt Resolution #03-28 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 37 - Resolution # 03-35 authorizing the refunding of the outstanding Water and Sewer Bonds, Series 1993. (FN) The Water and Sewer Refunding Revenue Bonds, Series 1993 (interest rate 5% to 5.65%) is eligible for refinancing. On December 1, 2003, the redemption price of 102% decreases to 101% of the par amount of Bonds outstanding. The Water & Sewer Refunding Revenue Bonds, Series 1993 are structured so that $5.6-million in principal is paid off on December 1, 2004. The majority of the savings from this refinancing comes from refinancing that portion of the bond. The bonds will not be refunded if adequate savings as well as other requirements are not going to be realized. Commissioner Gray moved to authorize the refunding of the outstanding Water and Sewer Bonds, Series 1993. The motion was duly seconded and carried unanimously. Resolution #03-35 was presented and read by title only. Commissioner Hibbard moved to pass and adopt Resolution #03-35 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 38 - First reading Ordinance #7191-03 providing for the refunding of the Gas Revenue Bonds, Series 1996 A, (FN) The Gas Revenue Bonds, Series 1996A (interest rates from 4.25% to 5.8%) are eligible for refunding. In the near future, market conditions may become favorable to refinance this issue. Currently, the City would realize a net present value savings of approximately $107,000 on this refunding. This is equal to 1.3 % of the bonds that would be refunded. Net present value savings is the gross debt service savings after costs of issuance have been deducted and a discounting process has been used to express the savings in today's dollars. With the tremendous volatility in the bond market, it is possible that in the future, interest rates may fall to where the City will have substantial savings by refunding this bond issue. The City generally tries to refinance bonds when the present value savings approaches 5%. Staff believes if interest rates drop, the City will have a very short window of opportunity to refinance these bonds and capitalize on the savings. By adopting Ordinance 7191-03, the City will be in an excellent position to maximize the potential refinancing savings should they appear. A sale resolution will be brought forward for Commission adoption at the same time as the second reading of this ordinance detailing the specifics of the sale. Commissioner Gray moved to approve providing for the refunding of the Gas Revenue Bonds, Series 1996 A. The motion was duly seconded and carried unanimously. Ordinance #7191-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7191-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Jonson, Hibbard, and Aungst. "Nays": None. Absent: Hamilton. 39 - Adopt Resolution #03-32 expressing the City's intention to be reimbursed from the proceeds of a tax-exempt financing for certain capital expenditures. (FN) The City utilizes lease purchase financing to pay for certain capital equipment. Lease purchase financing allows the City to pay for items over their useful life. The City's contract with Banc of America Leasing will expire on September 30, 2003; the City currently is negotiating with Sun Trust Leasing Corp. to be the next lease purchase provider. The resulting contract will be brought forward in a subsequent meeting. Resolution 03-32 allows the City to pay the vendors and to be reimbursed from Sun Trust Leasing. Commissioner Jonson moved to approve expressing the City's intention to be reimbursed from the proceeds of a tax-exempt financing for certain capital expenditures. The motion was duly seconded and carried unanimously. Resolution #03-32 was presented and read by title only. Commissioner Gray moved to pass and adopt Resolution #03-32 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 40 - First Reading Ordinance #7170-03 establishing a Sister Cities Advisory Board. (ORLS) The City of Clearwater has been involved in the Sister Cities program and is a Sister City to the City of Nagano, Japan. The Sister Cities Advisory Board shall advise the City Commission of activities and program issues that might impact the expansion or development of the Sister Cities program. The Sister Cities Advisory Board shall consist of five members: one member of the City Commission, a representative of the local business community, the School Board's World Language Coordinator or designee, a Clearwater Sister Cities Inc. representative, and a Clearwater Arts Foundation representative. Representatives of the Clearwater Sister Cities Inc. and Clearwater Arts Foundation shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the representatives of the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Foundation representative shall not be required to reside within the City. Members shall be appointed by the City Commission to serve for a term of four years staggered such that not more than three terms shall expire in any calendar year. A member shall not serve more than two consecutive terms. Commissioner Jonson moved to establish a Sister Cities Advisory Board. The motion was duly seconded and carried unanimously. Ordinance #7170-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7170-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Jonson, Hibbard, and Aungst. "Nays": None. Absent: Hamilton Commissioner Hibbard moved to take Item #42 out of agenda order before Item #41. The motion was duly seconded and carried unanimously. 41 - Approve the Beach Walk Design concept as proposed by the City’s consultants and City Management and Staff. (PW) In July 2001, the City Commission adopted Beach by Design, a Special Area Plan including a comprehensive set of land use, mobility, transportation, parking and design guidelines for Clearwater Beach. The Beach Walk project was designated as a catalytic project in Beach by Design, which means it will significantly help to reverse the general economic trend of the area and serve as a catalyst for reinvestment and revitalization. In November 2002, the City Commission approved a work order for Post, Buckley, Schuh & Jernigan, Inc. to refine the Beach Walk concept presented in Beach by Design, obtain public input on the project elements, complete final design, and prepare construction plans. Public meetings were held on February 25; April 29; and May 29, 2003, and the concept plan was refined after each meeting. Project features include a realigned South Gulfview Boulevard - S. Gulfview will be moved westward from its current location, following a curvilinear path from Coronado Drive on the north to the Adam’s Mark motel on the south. There will be two 14-foot travel lanes, one northbound and one southbound, parallel parking spaces will be provided on the east side, a reserved 10-foot future trolley lane is immediately west of the travel lanes, and a 20-foot wide sidewalk and bicycle path is west of the future trolley lane. In order to provide a smooth transition to the curvilinear road at the north end and provide a landscaped entryway feature, the road will encroach into the southeast corner of the existing Pier 60 parking lot, resulting in the loss of 14 parking spaces. The entrance to the Pier 60 parking lot will be reconfigured to provide a stacking lane and bypass, which will alleviate the current situation of vehicles waiting on Gulfview Boulevard to enter the lot. Project features include Coronado Drive - Traffic studies have shown the addition of a center turn lane on Coronado will provide sufficient capacity to absorb through traffic, which may divert to Coronado from S. Gulfview. The presence of private back-out parking spaces in the City right-of-way, which serve businesses on the east side of Coronado complicates the design. Various alternative cross-sections were analyzed, with three being considered worthy of further consideration: Alternate #1 - The preferred long-term section consisting of two 10-foot sidewalks, 11-foot north and south travel lanes, and a 14-foot center turn lane. This will result in the loss of the back-out parking currently located in the right-of-way (160 spaces). Pros: a) Accommodates sidewalks on both sides of street and includes two travel lanes and a center turn lane; b) Allows landscaping on both sides of the street; c) Allows lane widths to meet preferred standards; d) Provides complete project at one time without the need for future adjustment; e) Allows the undergrounding of utilities and provides the preferred aesthetic improvement; and f) Eliminates potential safety and liability associated with current back-out parking. Cons: a) Eliminates back-out parking in right-of-way used by small hotels. Alternate #2 - An alternative section presented by business owners on Coronado consisting of a 7-foot sidewalk on the west side, 11-foot north and south travel lanes, and a 12-foot center turn lane, leaving 15 feet available for parking spaces on the east side if owners provide an additional four feet of land area for a total of 19 feet for the back-out spaces. This alternative would preserve parking spaces in the right-of-way. Pros: a) Would retain back-out parking used by small hotels and b) Would provide a limited sidewalk and landscaping on the west side of the street. Cons: a) Would require private property owners to provide at least 4 feet of land for the back-out spaces including dedication of a “temporary easement” over the private property; b) Would not allow exclusive use of these spaces for the small motels. The Legal Department indicates spaces would have to be available to the public on a “first come, first serve” basis; c) Back-out parking creates safety, liability, and traffic problems; d) Limits ability to achieve improved aesthetic environment on the corridor; e) Would reduce the width of travel lanes and the center turn lane to 11 feet and 12 feet respectively; f) A second street project would be required in the future after redevelopment of private property eliminates back-out parking. Alternate #3: An alternative provided by business owners would provide 8-foot parallel parking spaces and a 7-foot sidewalk on the east side, with the remainder the same as Alternate #3. This alternative would eliminate all back-out private parking in the right-of-way, but would provide approximately 70 public parallel spaces. Pros: a) Would provide a sidewalk on both sides of the street; b) Would not eliminate all parking for small motels; c) Would not require private property for this alternative; and d) Would not require a subsequent construction phase. Cons: a) Reduces 160 back-out spaces to 70 parallel spaces; b) Reduces the travel lanes and center turn lane width; and c) Would not allow exclusive use of the spaces by small motel owners. For Alternates #2 and #3, the 11-foot travel lanes could be reduced to 10-feet, similar to Mandalay Avenue, which would provide 8-feet of sidewalk. Administration recommends Alternate #1, which provides the best and safest cross-section for vehicles and pedestrians, does not require private property, provides the best aesthetic improvement for the area, and would allow construction of the project in a single near-term phase, which would also be more cost effective. Also included in the project are: The Promenade: This is a wide pedestrian area located predominantly in the western 35 feet of the existing S. Gulfview right-of-way. The Promenade extends the length of the project and will include landscaping, street furniture, and public art. A Central Plaza is provided at approximately the midway point. Once S. Gulfview is relocated, the right-of-way can be vacated and the eastern 35 feet made available to adjacent property owners. This vacation would be at the City’s option and would provide an incentive to property owners to upgrade their property and blend in with Beach Walk through the use of elements such as sidewalk cafes and/or new resort development. Public Parking: Construction of Beach Walk will necessitate the removal of 379 parking spaces from lots on S. Gulfview, 14 spaces from the Pier 60 lot, and 53 on-street spaces on S. Gulfview. Proposed replacements for these spaces are: 1) New parallel parking on S. Gulfview equals 32 spaces; 2) Construct an approximate 449 space parking garage on the site of the “Adam’s Mark” public parking lot for a 349 space net increase for that site; and 3) Construct interim lot on the proposed Marriott Seashell property to equal 155 spaces. A total of 763 parking spaces are proposed to be replaced by 853 parking spaces: 1) Pier 60 - decrease from 231 spaces to 217; 2) South Gulfview lots - decrease from 379 spaces to 0; 3) “Adam’s Mark” public lot - increase from 100 spaces to 449; 4) S. Gulfview on-street - decrease from 53 spaces to 32; and 5) Seashell Interim - increase from 0 spaces to 155. Business Access: A few businesses on S. Gulfview do not have parking or delivery access from Coronado. Access to these businesses is being provided via two frontage roads, one off of Fifth Street to the south and one off of S. Gulfview, in the vicinity of McDonalds. The consultants work order for design of the project is funded by a $490,000 VA-HUD Special project grant. The preliminary cost estimate for construction of the project is $7-million, plus $4.49-million for the “Adam’s Mark” public lot parking garage. Available funding to date for construction includes $1-million in Penny for Pinellas funds and $75,000 in Development Impact Fees, with an additional $2-million in Penny for Pinellas and $75,000 of Development Impact Fees available in FY (Fiscal Year) 2003/04. Following Concept Plan approval, it will take approximately six months to complete final construction drawings. Staff currently is pursuing federal appropriations for additional funding Brian Johnson, of DKS & Associates, reviewed traffic patterns and circulation associated with the Beach Walk Design for south beach and stated one of the plan’s goals is to reduce vehicular speeds and improve the pedestrian environment. He said the plan is compatible with Beach by Design, preserves commercial exposure, and discourages commercial trucks from using South Gulfview Boulevard. The median lane on Coronado Drive will allow traffic to move more smoothly. A disadvantage of the plan is a legal and design issue related to private parking on public right-of-way. He said one-way pairs carry more traffic at higher speeds and eliminate the need for traffic signals. However, one-way pairs would be less compatible with Beach by Design, increase traffic volumes and speeds, detracting from the pedestrian environment. Keith Zayak reviewed plans for planned parking and access at North Gateway/ Pier 60, the design of the Central Plaza and waterfront promenade, and alternative cross-sections for Coronado Drive. Assistant City Manager Ralph Stone said staff recommends Alternate #1, after spending significant time working to accommodate back-out parking on Coronado. The City Attorney said that retaining back-out parking used by small hotels would require affected property owners to grant a 4-foot easement to the City, which would demand those parking spaces be available for public parking on a “first come, first serve” basis. Some property owners have indicated an unwillingness to allow their property to be used for “first come, first-serve” parking. Discussion ensued in regard to transforming Gulfview and Coronado to one-way pairs and it was indicated many residents are vehemently opposed. An opinion was expressed one-way pairs would be viable and effective and have been successful in many beach communities without negative impacts on property values. In regard to access at North Gateway/Pier 60, a suggestion was made the parking lot not be changed as the new plan loses 14 spaces, improves nothing, will cause vehicles to stack up into the road, and traffic to back up into the roundabout. Nineteen people addressed aspects of the Beach Walk plan. In response to a concern, Mr. Stone said the plan is to minimize curb cuts on South Gulfview. Staff is trying to find a balance for South Gulfview business access and will address that detail when construction drawings are prepared. Most likely, businesses accessing both Coronado and Gulfview will be limited to a Coronado access. Currently, back out parking uses approximately 15 feet of public right-of-way. The City Attorney said the City could vacate the right-of-way if the City Commission determined it was not needed. Another option is to obtain four-foot easements from owners of properties abutting the east side of Coronado, to provide “first-come, first-serve” parking. Discussion ensued in regard to the back-out parking alternate and a recommendation was made the City should work with property owners regarding obtaining an easement to their 4-feet of private parking. It was felt this alternate could transition to parallel parking as large chunks of properties on Coronado are redeveloped and the plan would retain 160 parking spots on south beach. Mr. Stone said underground utilities and sewer pipes could be positioned during construction. Discussion ensued regarding the Adam’s Mark site for a parking garage and it was indicated this is a bad location and should only be considered as a last resort, there is a lack of sites for a parking garage off the beach and private partners are needed to help solve the parking issue. It was noted the Pelican Walk agreement prohibits the City from building a parking garage at Rockaway for 5 years. Discussion ensued regarding the proliferation of condominium projects on the beach and it was indicated this is a result of a market driven by high property costs, which makes it difficult to operate small hotels profitably. In response to a question, Mr. Stone said the Seashell Resort development agreement provision of 10-feet of land to be dedicated on the east side of Coronado will be used to queue traffic at the parking garage entrance. In response to a question, Mr. Quillen said the 18 feet of land on the east side of Coronado proposed to be dedicated by the Markopoulous prroject cannot be used for traffic. Discussion ensued with comments that wide sidewalks are not necessary on Coronado, one block from the wide promenade designed for Beach Walk, and construction of Beach Walk will remove 249 waterfront parking spaces. Support was expressed for parallel parking on Coronado with a suggestion that hotel owners could provide parking passes to guests. Concern was expressed regarding sequencing of the project. Public Works Administrator Mahshid Arasteh said the Coronado piece will be first, will take one year to design and one year to construct. South Gulfview is the last phase. Discussion ensued in regard to Beach by Design’s impact on parking and it was questioned whether the consultant was aware of the legalities regarding parking. The City Attorney said the project does not address if parking is public or private. In response to a question, Mr. Quillen said angled spaces allow fewer spaces in a block and protrude farther into the street than back-out spaces. Ms. Arasteh said the contractor will determine the construction schedule for Coronado upgrades. No parking on Coronado will be available for the duration of construction. Walkway and driveway access, where they currently exist, will be maintained during construction. Concern was expressed in continuing the illegal practice of allowing private parking on public right-of-way, renting out spaces on public right-of-way, towing vehicles parked in these spaces and reducing the number of parking spaces for businesses. It was hoped business owners would cooperate with the City to identify some pocket parking. Discussion ensued in regard to parking on public right-of-way and hoteliers renting out these spaces, and it was emphasized this practice has to stop. The City Manager questioned if the City Commission intended staff to enforce similar parking requirements on other sections of Clearwater Beach, such as East Shore. A similar parking situation exists on all four sides of subject blocks abutting Coronado. The City Manager expressed concern regarding consistency issues. Assistant City Manager Brumback said enforcement will be difficult as not all beach back-out parking spaces are in the public right-of-way. Mr. Stone said initially designing the road maintaining the current back-out parking would allow future transition to parallel parking with little expense. Ms. Arasteh said initially designing the road with no parking would not easily and inexpensively be transitioned to allow parking. Mr. Stone said to prevent further deterioration of the tourist market, the City needs to construct Beach Walk as soon as possible to improve the current substandard environment on south beach. No one is willing to invest in the area until infrastructure improvements are made. Waterfront properties are receiving offers to convert to condominiums. He said staff was unable to purchase land off the beach for a parking garage due to cost. He expressed concern a substandard decision will compromise efforts to improve the beach. He said the City is trying to preserve the tourist industry by constructing Beach Walk. Discussion ensued regarding regulation of parking spaces in front of Coronado motels that are located in the public right-of-way with recommendations the spaces not be posted as public. The City Attorney said property owners could face a lawsuit for towing vehicles off public property. Consensus was to prohibit motel owners from charging for parking in spaces in the Coronado right-of-way or towing vehicles from those spaces. This is to be done on an honor system. Commissioner Hibbard moved to approve the Beach Walk design concept with direction to proceed with the alternate for parallel parking on Coronado Avenue, keep status quo for Coronado Avenue parking until construction begins but owners to cease towing vehicles and charging for parking on public right-of-way, and constructing parking garage by Adams Mark Hotel as last resort. The motion was duly seconded. The City Manager clarified staff will bring forward the parking garage issue for the beach only on City Commission direction. Consensus was for staff to report to the Commission if Coronado Avenue motel owners are not complying with the honor system related to parking spaces in the public right-of-way. Opposition to the motion was expressed due to the reduction in parking. Upon the vote being taken, Commissioners Gray, Jonson, and Hibbard and Mayor Aungst voted “Aye”; Commissioner Hamilton voted “Nay.” Motion carried. 42 - Approve the Markopoulos project term sheet and provide direction regarding the proposal of a “one way” south for South Gulfview contiguous to the Markopoulos property. (ED/HSG) The City and Anthony Markopoulos (the Developer), owner of the Day's Inn, Beach Tower, Spy Glass and Golden Beach hotel properties on Clearwater beach, have discussed the general development "terms" that may lead to an application for a new large resort hotel on Clearwater beach. Pursuant to that end, the parties have developed a "Term Sheet," which identifies the framework for a development agreement, site plan, design and street vacation application for the proposed project. While the City Administration and Developer mutually agree on the attached Term Sheet, there is one significant disagreement. This disagreement relates to the desire of the Developer to modify the traffic pattern on South Gulfview to a "one way" pattern to the north and west side of his property. The term sheet proposes the following framework for the proposed new resort project: 1) The hotel will be a national or international "flag" consistent with the criteria in Beach By Design and will not be a Day's Inn or any of its affiliates. If the property does not obtain a flag as described in Beach By Design, the Development Agreement will provide specific standards for the quality, operation and maintenance of the facility;. The project will contain up to 450 rooms, but no less than 350 hotel rooms. A mix of condominiums is allowed subject to the proposed "mix" of units in the project. No more than 250 units will be utilized from the Bonus Density Unit Pool in Beach By Design. The Developer, at his option, may apply for additional density using Transfer of Development Rights for the project One pedestrian bridge may be constructed by the Developer, at his cost, over South Gulfview and will be open and accessible to the public on both sides of the bridge. There shall be no requirement that the public be permitted ingress to the resort property. The City will design and permit Beach Walk (including improvements to South Gulfview and Coronado). There will be no "eyebrow" parking contiguous to the Developer's property (Note - this is no longer a recommended component of the Beach Walk design), subject to amendment of the Seashell development agreement. The City will vacate the portions of South Gulfview not required for the roadway redesign. The Developer will dedicate 18 feet of land along the western boundary of Coronado adjacent to the Developer's property. The Developer will pay for a pro rata share of the South Gulfview and Beach Walk improvements in which the Developer's share will represent the percent of frontage the Developer owns on the project as a proportion of the overall frontage (same formula as the Seashell development agreement). The City's portion of any transportation impact fees paid by the Developer will be credited toward the Developer's share of the South Gulfview and Beach Walk improvements. The Developer will file for vacation of the First Street right-of-way contiguous to his property and dedicate 60 or 80 feet at the south end of his property for a new east/west street. If South Gulfview is one-way, contiguous to the Developer's property, then the dedication will be 80 feet and if two-way, the dedication will be 60 feet. These actions will be contingent upon commencement of the construction of the project. 9) The City and the Developer agree to coordinate and cooperate regarding the construction of the South Gulfview and Beach Walk project and the Developer's project and the City agrees to use reasonable diligence to complete the South Gulfview and Beach Walk improvement by a date certain, to be determined in the development agreement, with the intent of finishing the project prior to the Developer obtaining a certificate of occupancy for his project. The Beach Walk design concept identifies South Gulfview as a two-way (one lane in each direction) section for the entire length of South Gulfview in its relocated form. The Developer has proposed a one-way format with two lanes moving south to the southern end of his project, which would intersect with a new east/west street between his project and the Seashell project. Pros: The Developer believes the one-way proposal provides a more marketable environment for the redevelopment of his project. The one-way section would provide higher capacity for southbound traffic wanting to patronize South Gulfview. Eliminates left-turn conflicts at Coronado and South Gulfview at the northern end of the Developer's project. Would allow moving the traffic light at Coronado and South Gulfview south to the new east/west road, which would provide additional stacking from the roundabout. Cons: Would create some confusion regarding traffic circulation in the south beach area for new visitors. Coronado will need an additional lane fronting on the Developer's property to make up lost capacity for northbound traffic that now will be rerouted to Coronado on the new east/west street. May create higher traffic speed, unless traffic calming is introduced. Generally, one-way traffic is considered less "pedestrian friendly" than two-way traffic (assuming the same lane widths) by traffic engineers. Administration is requesting direction regarding the points summarized in the proposed Term Sheet. There is a single point of disagreement that the Administration and the Developer have not resolved related to the one-way or two-way of South Gulfview contiguous to the Developer's property. Administration recommends the two-way option. Mr. Stone said the term sheet states one pedestrian bridge may be allowed, addresses the vacation and rededication of streets, and defines the formula for Mr. Markopoulos’ participation in his assisting in funding the Beach Walk Project. In the Term Sheet, the City agrees to fold transportation impact fees back in and credit Mr. Markopoulos for his portion of Beach Walk. The term sheet is an outline and is not binding. A major point of contention was Mr. Markopoulos’ request for a one-way system past his property. This is no longer a component of this agreement. The development agreement will address the issue of quality of property flag, which must be maintained for 10 years. Pedestrian access to the property is subject to amendment to the Seashell agreement. In response to a question, Mr. Stone said the 10-year time frame is based on mutual discussion regarding what would be reasonable. The City Attorney said development agreements have a 10-year life. It was recommended public parking be included in the development. Concern was expressed litigation not be required to enforce issues included in the term sheet. Mr. Stone said he emphasizes the need for public parking spaces when talking with developers interested in the beach. The City Attorney expected Mr. Markopoulos will be responsible for costs associated with inspecting the quality of the resort. That issue will be spelled out in the development agreement. It was stated Mr. Markopoulos has a history of litigation and concern was expressed an official vote not be taken related to this request. The City Attorney said staff requests consensus and direction, and is not requesting a vote to approve this document. Mr. Stone said the City is trying to achieve a quality of property that will reposition the beach’s market place. It was recommended the property maintain a three star AAA (American Automobile Association) rating. The request for one-way pairs was withdrawn. Consensus was that negotiations on a development agreement for the Markopoulos project move forward. 43 - First Reading Ordinance #7212-03 – relating to municipal elections amending Sec. 14.41(2) relating to filing fees, Sec. 14.41(7) relating to qualifying periods, Sec. 14.42(1)(d) relating to compliance with laws, Sec. 14.44(1) relating to write-in candidates. City Clerk Cyndie Goudeau said the changes are designed to accommodate the Supervisor of Elections’ schedule for the March election. For this year only, the candidate qualifying period will be December 1 - 15, 2003. Once the Charter Review recommendations are approved, staff will bring back more permanent changes to the election code. Commissioner Hamilton moved to amend the City Code related to municipal elections to include filing fees, qualifying periods, compliance with laws and write-in candidates. The motion was duly seconded and carried unanimously. Ordinance #7212-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7212-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 44 - IAFF Union Negotiations Update Human Resources Director Joe Roseto said the IAFF (International Association of Firefighters) Union had not ratified the proffered three-year contract. After working to obtain a one-year agreement with the union, Mr. Roseto said the City declared an impasse earlier this week. The City will continue to meet and negotiate with the union. 45 - Other Pending Matters – None. CITY ATTORNEY REPORTS 46 - Other City Attorney Items The City Attorney requested an attorney/client session regarding National Advertising Co. v. City be scheduled for October 2, 2003 at 4:30 p.m. Consensus was to schedule. 47 - City Manager Verbal Reports The City Manager thanked the Commission for their cooperation and help during the budget process. 48 - Commission Discussion Items a. City Manager and City Attorney Evaluations Direction was for staff to provide Commissioners with forms used last year and to schedule verbal comments for October 16, 2003. December 2003 and January 2004 meeting schedule. Set Commission meetings on December 4 and December 18, 2003, and Work Sessions on December 1 and December15, 2003 and set Commission meeting on January 15, 2004 and Work Session on January 12, 2004. Consensus was to approve meeting schedule. c. Receiving Charter Review Report The City Commission directed the Charter Review Committee to provide a report to the Commission on October 13, 2003, and to schedule a public hearing on October 16, 2003. d. Florida League of Cities – Legislative Conference Ms. Goudeau reported the City Commission had expended its travel budget. Reservations for the November 14 - 15, 2003 FLC (Florida League of Cities) legislative conference should be made as soon as possible. Consensus was to cover costs obligated during the 2003 budget 49 - Other Commission Action Commissioner Hamilton reported he and Commissioner Jonson had overspent their travel budgets and requested reimbursement for travel costs related to a FLC Legislative Policy Committee meeting they had attended. Consensus was to cover related travel costs. Commissioner Hibbard reported he had attended a Leadership Conference for the American Cancer Society on September 13, 2003 and encouraged sponsors for the April 2, 2004 Relay for Life event. He is the chair. Commissioner Hibbard thanked staff for their great efforts at organizing the Citizens Academy, which heightens resident awareness. Commissioner Hibbard reported the Clearwater Marine Aquarium is closed for a week for cleanup and improvements. He encouraged residents to support the facility, which expects a new executive director will be in place soon. Mayor Aungst said Mr. Wiser is unfamiliar with the myriad of Commission responsibilities. Commissioner Gray encouraged residents to support the CHIP (Clearwater Homeless Intervention Program) fundraiser on October 11, 2003, at the Belleview Biltmore. Commissioner Gray said the Library Foundation Capital Campaign is targeting businesses and encouraged their participation. Commissioner Jonson reported cleanup of the Piney Point phosphate plant is not proceeding very quickly. A task force is reconvening to reconsider the issue. Commissioner Jonson said he had attended a FLC Transportation & Urban Administration committee meeting. Discussion included the CRA and the Strategic Intermodal System project. He said cities need to be represented and appointed to participate in project discussions. He requested the City Manager review the issues. Commissioner Jonson said at a legislative workshop, local cable companies were encouraged to broadcast the Florida channel. Mayor Aungst said Bright House is trying to get the County to air Florida legislative meetings on its channel. Channels are very costly. Commissioner Jonson hoped the East coast is weathering Hurricane Isabelle and expressed regret the new Ross Norton Recreation Center was not designated as a shelter. The City Manager said the center will be constructed to withstand a Level 3 hurricane. Commissioner Jonson noted concerns about the design of the Balk Development and said he is pleased staff is moving forward with urban design guidelines. Commissioner Jonson said he attended the Florida neighborhood conference and distributed information on the Green Canopy Partnership. He reported other cities had complimented him on Clearwater’s neighborhood services presentations. Commissioner Hamilton, responding to Mr. Wiser’s criticism that Commissioners had not attended the landscaping of Countryside Library, said the City Commission spends significant time preparing for this and other meetings. He decided to spend quality time with his family last weekend and to attend tonight’s meeting, even though he has other family commitments. He said he is proud to serve. Mayor Aungst wished a Happy Birthday to Commissioners Gray and Hamilton. Mayor Aungst reported the County has scheduled a public meeting at Countryside High School re the local option gas tax on September 22, 2003 at 6:30 p.m. Mayor Aungst invited residents to attend the 14th Annual Taste of Clearwater at the Harborview Center on September 23, 2003 from 5:00 to 8:00 p.m. 50 - Adjournment The meeting adjourned at 10:37 p.m.