08/21/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 21, 2008
Present: Frank Hibbard Mayor
George N. Cretekos Vice-Mayor
John Doran Councilmember
Carlen Petersen Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Jill S. Silverboard Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Vice-Mayor Cretekos
offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Presentations: - Given
4.1. 2008 Legislative Session Report - Rep. Peter Nehr
4.2. Home of the Quarter, Neighborhood of the Quarter and Business of the Quarter: Summer
2008
Neighborhood of the Quarter: Village on the Green Condo II, Homes of the Quarter:
Joanne Marolda 913 E. Pines Street; Willie & Ethel Faison, 1482 Byram Drive; Peter & Donna
Leach, 1715 Sunset Drive; and Carl Korczak, 1340 Howard Street; Business Beautification
Recognition Award: TMJ Enterprises, 1460 S. Missouri Avenue.
4.3. Veterans' Day Celebration Update - Bob Swick
4.4. Clearwater Housing Authority Presentation
Bob Aude, Chair, provided an update on the Housing Authority’s programs.
4.5. Nagano Exchange Program - Margo Walbolt, Cultural Affairs Manager
5 - Approval of Minutes
5.1. Approve the minutes of the August 7, 2008 City Council Meeting as submitted in written
summation by the City Clerk.
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Councilmember Petersen moved to approve the minutes of the August 7, 2008, City
Council Meeting as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
Todd Pressman reviewed the basis for his opposition to staff’s support of the Legg
Mason hotel/restaurant project on Sand Key.
Public Hearings - Not before 6:00 p.m.
7Administrative Public Hearings
-
7.1. Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and
Initial Zoning Atlas Designation of Medium Density Residential (MDR) District for 1729
Overbrook Avenue (Lot 7, Nichols Subdivision, according to the map or plat thereof as recorded
in Plat Book 30, Page 9, Public Records of Pinellas County, Florida); and Pass Ordinances
7985-08, 7986-08 and 7987-08 on first reading. (ANX2008-04010)
This voluntary annexation petition involves a 0.132-acre property consisting of one
parcel of land occupied by an attached dwelling (duplex). It is located on the northwest corner
of the intersection of Overbrook Avenue and Pineland Drive. The applicant is requesting this
annexation in order to receive solid waste service from the City. The property is contiguous to
existing City boundaries to the south and west. It is proposed that the property be assigned a
Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Medium
Density Residential (MDR).
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E: 1) The closest sanitary sewer
line is located in the Jade Avenue right-of-way. Due to the distance to this line, sewer service is
not readily available to the applicant’s property. This area has been identified for future sewer
expansion but timing will depend upon funding availability. Collection of solid waste will be
provided by the City of Clearwater. The property is located within Police District II and service
will be administered through Police Headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to this property by Station 51 located at 1721
Overbrook Avenue, immediately south of the property proposed for annexation. The City has
adequate capacity to serve this property with water, solid waste, police, fire, and EMS service.
The property is served by City water. The proposed annexation will not have an adverse effect
on public facilities and their levels of service; 2) The proposed annexation is consistent with and
promotes the following objective of the Clearwater Comprehensive Plan: a) Objective 2.4:
Compact urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code; 3) The proposed RU Future Land
Use Plan category is consistent with the current Countywide Plan designation of this property.
This designation permits residential uses at a density of 7.5 units per acre. The proposed
zoning district to be assigned to the property is the MDR District. The use of the subject
property is consistent with the uses allowed in the District and the property, but does not meet
the District’s minimum dimensional requirements and will be nonconforming as to density. The
applicant has been notified and understands the nonconforming status. Aside from dimensional
requirement issues, the proposed annexation is consistent with the Countywide Plan, City’s
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Comprehensive Plan and Community Development Code; and 4) The property proposed for
annexation is contiguous to existing City boundaries to the south and west; therefore the
annexation is consistent with Florida Statutes Chapter 171.044.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Medium Density
Residential (MDR) District for 1729 Overbrook Avenue (Lot 7, Nichols Subdivision, according to
the map or plat thereof as recorded in Plat Book 30, Page 9, Public Records of Pinellas County,
Florida). The motion was duly seconded and carried unanimously.
Ordinance 7985-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7985-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 7986-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7986-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 7987-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7987-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.2. Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and
Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1837
Carlton Drive (Lot Two (2), Block C, Carlton Terrace, according to the Map or Plat thereof as
recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida); and Pass
Ordinances 7988-08, 7989-08 and 7990-08 on first reading. (ANX2008-05012)
This voluntary annexation petition involves a 0.178-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the east side of Carlton
Drive, approximately 80 feet south of Woodring Drive. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The
property is in an enclave and is contiguous to existing City boundaries to the west. This petition
will reduce this enclave. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
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The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E: 1) The closest sanitary sewer
line is located in the Carlton Drive right-of-way in front of the property, and the applicant has
paid the City’s required sewer impact and assessment fee. Collection of solid waste will be
provided by the City of Clearwater. The property is located within Police District III and service
will be administered through the Police Department substation located at 2851 North McMullen-
Booth Road. Fire and emergency medical services will be provided to this property by Station
48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The property is served by County
water. The proposed annexation will not have an adverse effect on public facilities and their
levels of service; 2) The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan: a) Objective 2.4: Compact urban development
within the urban service area shall be promoted through application of the Clearwater
Community Development Code; 3) The proposed RL Future Land Use Plan category is
consistent with the current Countywide Plan designation of this property. This designation
primarily permits residential uses at a density of five dwelling units per acre. The proposed
zoning district to be assigned to the property is the LMDR District. The use of the subject
property is consistent with the uses allowed in the District and the property exceeds the
District’s minimum dimensional requirements. The proposed annexation is therefore consistent
with the Countywide Plan, City’s Comprehensive Plan and Community Development Code; and
4) The property proposed for annexation is contiguous to existing City boundaries to the west;
therefore the annexation is consistent with Florida Statutes Chapter 171.044.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1837 Carlton Drive (Lot Two (2), Block C, Carlton
Terrace, according to the Map or Plat thereof as recorded in Plat Book 41, Page 16, Public
Records of Pinellas County, Florida). The motion was duly seconded and carried unanimously.
Ordinance 7988-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7988-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 7989-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7989-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 7990-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7990-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
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"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.3. Continue amendment to the Community Development Code to permit sandwich board signs
in certain areas to September 18, 2008.
Consensus was for sandwich board signs only to be permitted in downtown.
AND
7.4. Continue Approval of Amendments to the Clearwater Comprehensive Plan as
recommended in the Evaluation and Appraisal Report (EAR) to September 4, 2008.
Councilmember Petersen moved to continue Items 7.3 and 7.4 to September 4, 2008.
The motion was duly seconded and carried unanimously.
8 - Second Readings - Public Hearing
8.1. Adopt Ordinance 7964-08 on second reading, changing the parameters and procedures for
settling minor claims.
Ordinance 7964-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7964-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, and Gibson.
"Nays": None.
Absent: Hibbard.
8.2. Adopt Ordinance 7965-08 on second reading, amending Section 2.641 – 2.647, Code of
Ordinances, relating to the Self Insurance Program, making procedural changes and name
changes.
Ordinance 7965-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7965-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
8.3. Adopt Ordinance 7983-08 on second reading, increasing certain fees for the use of
recreation facilities by nonresidents and modifying the formulas for charging nonresident
recreation fees.
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Ordinance 7983-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7983-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
9 - Consent Agenda
- Approved as submitted
9.1. Authorize the transfer of $364,299 from the Special Programs Fund – Project 99877
(Building Code Enforcement Surplus) to the General Fund to cover deficits in revenues over
expenses for FY07 and to make a correction to the amount calculated in FY06. (consent)
9.2. Declare salvaged materials from the East and Marshall Street WPC facilities surplus to the
needs of the City and ratify and confirm the sale. (consent)
9.3. Approve an increase to the Marine Operations budget in the amount of $850,000 to cover
the increased cost of fuel for resale. (consent)
9.4. Approve Florida Recreation Development Assistance Program (FRDAP) project grant
agreement for Morningside Improvements, in the amount of $135,611, between the State of
Florida Department of Environmental Protection and the City of Clearwater and authorize the
appropriate officials to execute same. (consent)
9.5. Ratify and confirm staff submission of grant request to Florida Department of Elder Affairs
2008-2009 Senior Center Fixed Capital Outlay Grant (SCO) for the Senior Center at the Long
Center in the amount of $727,500. (consent)
9.6. Approve the First Amendment to Agreement between the City of Clearwater and The Upper
Pinellas Association for Retarded Citizens, Inc., for the use of certain portions of The Long
Center and authorize the appropriate officials to execute same. (consent)
9.7. Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide
CRA funding in the amount of $134,023.46 to underwrite the cost of two additional Community
Policing officers and related equipment by the Clearwater Police Department in the East
Gateway CRA District, pursuant to the recently adopted East Gateway District Five-Year Action
Plan and authorize the appropriate officials to execute same. (consent)
9.8. Approve renewing a contract with the Pinellas County Sheriff’s Office, Largo, Florida, for
latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile
Assessment Center services, during the one year contract period commencing October 1, 2008,
through September 30, 2009, at a cost of $647,362 and authorize the appropriate officials to
execute same. (consent)
9.9. Approve the a Cooperative Funding Agreement in the amount of $412,875 with the
Southwest Florida Water Management District (SWFWMD) and Pinellas County to share the
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cost of implementation of the Magnolia Avenue and Sandra Drive Improvement Area and
authorize the appropriate officials to execute same. (consent)
9.10. Approve a contract for $902,074.25 to Keystone Excavators, of Oldsmar, Fl, for the
construction of Alligator Creek Channel G (Fairwood Forest) Project, (03-0023-EN) which is the
lowest responsible bid in accordance with plans and specifications and authorize the
appropriate officials to execute same. (consent)
9.11. Approve a Construction Contract in the amount of $630,165.25 for Pump Station 19
Replacement (06-0010-UT), to Clark Hunt Construction, Inc. of Clearwater, FL, which is the
lowest responsible bid received in accordance with the plans and specifications and authorize
the appropriate officials to execute same. (consent)
9.12. Approve a work order to Malcolm Pirnie, City of Clearwater Engineer of Record (EOR), to
provide engineering design and permitting services for the Spring Branch Conveyance
Enhancements Project for the lump sum of $202,052.30 and authorize the appropriate officials
to execute same. (consent)
9.13. Approve the amendment to Department of Environmental Protection agreement WAP050
to extend the expiration date from June 30, 2008 to April 30, 2010. (consent)
9.14. Approve entering a Project Partnership Agreement (PPA) with the Department of the Army
to design and construct the Stevenson Creek Estuary Aquatic Ecosystem Restoration with the
City funding $2,324,340 of the $6,640,970 total project cost and authorize the appropriate
officials to execute same. (consent)
Councilmember Doran 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.
10 - Other items on City Manager Reports
10.1. Declare as surplus Pasco County real property identified as Parcel 32-25-16-0040-00C00-
0040 and authorize advertising said property for bid pursuant to Invitation For Bid 34-08 in the
minimum amount of $650,000 net, less costs of recording corrective instruments, if any, adopt
Resolution 08-18 and authorize appropriate officials to execute same.
The Clearwater Gas System (CGS) purchased the subject property at 7240 US Highway
19, New Port Richey, Florida on September 22, 1995, for $275,000 to establish a Service
Center (“Center”) in western Pasco County. CGS closed the Center on May 29, 2008, to reduce
duplication of personnel and save approximately $208,000 in annual expenses, as the CGS
service area has shifted easterly, with more of its growth occurring in the Land O’ Lakes area of
central Pasco.
The Center was purchased with proceeds from sale of Gas System Revenue Bonds
Series 1996A. The Bond Covenant requires the City obtain an opinion from a Consulting
Engineer that disposal of certain CGS property is in the best interest of the CGS prior to
declaring the property surplus and offering it for sale. In a Certificate dated July 16, 2008, Black
& Veatch Corporation, the CGS Consulting Engineer, certified the disposal of the subject
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property is in the beneficial interest of CGS and within the terms of the Bond Covenant. The
Bond Covenant further requires the City Manager or other duly authorized officer in charge
make a written finding that such property comprising a part of the CGS is no longer necessary,
useful, or profitable in the operation thereof. Chuck Warrington, Managing Director of CGS
made such written determination on July 17, 2007, in form approved by the City Manager.
In further compliance with Section 5.01(d)(5) of the City Charter, two current appraisals
were obtained to value CGS’s fee interest in the property. An appraisal performed by Colliers
Arnold Valuation Services dated June 5, 2008, valued the property at $650,000. A second
appraisal performed by James M. Millspaugh, MAI, on June 26, 2008, valued the property at
$435,000. The Colliers Arnold appraisal is deemed to be more representative of the current
market based on use of more current sales data. Invitation For Bid 34-08 has been prepared
establishing the minimum bid amount of $650,000 net, less costs of recording corrective
instruments, if any as determined above.
Pending receipt of the most responsive bid complying with requirements of the
declaration of surplus, and upon development and closing of a Sale and Purchase Agreement
acceptable to Council, all sale proceeds of the subject CGS property will be deposited into a
debt service account used only for the purpose of retiring the Series 1996A Bonds that funded
the original purchase.
Councilmember Cretekos moved to declare as surplus Pasco County real property
identified as Parcel 32-25-16-0040-00C00-0040 and authorize advertising said property for bid
pursuant to Invitation For Bid 34-08 in the minimum amount of $650,000 net, less costs of
recording corrective instruments, if any, and authorize appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Resolution 08-18 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 08-18 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
10.2. Approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of
Florida’s Department of Transportation to install natural gas mains during improvement project,
FPN: 256881-1-56-07/Pinellas County, SR55 (US 19) from North of Whitney to South of Seville,
at an estimated cost of $70,576, adopt Resolution 08-19 and authorize the appropriate officials
to execute same.
The Florida Department of Transportation (FDOT) has a project to widen/improve SR55
(US 19) from North of Whitney to South of Seville including roadway, sidewalk, other
improvements, and utilities to include existing Clearwater Gas facilities which conflict with the
design. Under the Utility Work By Highway Contractor Agreement (UWHCA – Lump Sum), the
FDOT general contractor will perform the relocation of existing natural gas mains. Having the
FDOT general contractor install the natural gas mains allows for work to be done in a timely
manner and releases Clearwater Gas System from penalty payments.
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Councilmember Petersen moved to approve a Utility Work By Highway Contractor
Agreement (Lump Sum) with the State of Florida’s Department of Transportation to install
natural gas mains during improvement project, FPN: 256881-1-56-07/Pinellas County, SR55
(US 19) from North of Whitney to South of Seville, at an estimated cost of $70,576, and
authorize the appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
Resolution 08-19 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 08-19 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
10.3. Approve a Utility Work By Highway Contractor Agreement with the State of Florida’s
Department of Transportation to install natural gas mains during improvement project, FPN:
256881-2-56-07/Pinellas County, SR55 (US 19) from South of Seville to North of SR 60, at an
estimated cost of $39,427 and adopt Resolution 08-21.
FDOT has a project to widen/improve SR55 (US 19) from South of Seville to North of SR
60 including roadway, sidewalk, other improvements, and utilities to include those existing CGS
facilities which conflict with the design. Under UWHCA, FDOT’s general contractor will perform
the relocation of existing natural gas mains. Having FDOT’s general contractor install the
natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas
System from penalty payments.
Councilmember Cretekos moved to approve a Utility Work By Highway Contractor
Agreement with the State of Florida’s Department of Transportation to install natural gas mains
during improvement project, FPN: 256881-2-56-07/Pinellas County, SR55 (US 19) from South
of Seville to North of SR 60, at an estimated cost of $39,427. The motion was duly seconded
and carried unanimously.
Resolution 08-19 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 08-19 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
10.4. Authorize Supplemental Agreement 3 to an existing JPA with the FDOT for modifications
to the Fixed Base Operation (FBO) Building at Clearwater Airpark including renovation for the
sewer system and ground water cleanup, increasing funding by $175,000 ($99,598 from DOT
and $75,402 from City), authorize the appropriate officials to execute same and adopt
Resolution 08-20.
FDOT has agreed to increase reimbursable funding for modifications to the Fixed-Base
Operation Building at Clearwater Airpark, 1000 North Hercules Avenue, including renovating the
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sewer system and remediation of contaminated groundwater. FDOT will contribute $99,598
(approximately 57%) of the increase and the City will provide the remaining $75,402
(approximately 43%). This will supplement current funds in this grant to complete a ground
water cleanup project at Clearwater Airpark.
Councilmember Petersen moved to authorize Supplemental Agreement 3 to an existing
JPA with the FDOT for modifications to the Fixed Base Operation (FBO) Building at Clearwater
Airpark including renovation for the sewer system and ground water cleanup, increasing funding
by $175,000 ($99,598 from FDOT and $75,402 from City), authorize the appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
Resolution 08-20 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 08-20 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
10.5. Award a contract for the Skycrest Neighborhood Traffic Calming project (03-0097-EN) to
Semper Fi Services, LLC, of Palmetto, Florida, in the amount of $2,373,742.24, which is the
lowest responsible bid received in accordance with plans and specifications, and authorize the
appropriate officials to execute the same. (consent)
This project involves construction of traffic calming features in the Skycrest community
envisioned by community residents at the Skycrest Traffic Calming Charrette and supported by
a petition signed by owners of approximately 65% of the parcels in the project area. The
engineering plans were reviewed for faithfulness to their charrette vision by residents belonging
to the Skycrest Traffic Calming Tech Team at the 30, 60, 90 and 100% milestones. The
Skycrest Neighbors, Inc. organization has long strongly supported the project. The Tech Team
and Skycrest Neighbors have kept the Skycrest community informed about the project through
personal contact, community meetings, and the Skycrest Neighbors website.
Traffic calming features include construction of a landscaped median on Cleveland
Street, numerous medians with tree wells, five mini-roundabouts, as well as four modern
roundabouts at the intersections of Cleveland Street with Lake Drive, Saturn Avenue, Corona
Avenue, and Aurora Avenue. The Project also includes minor changes on S. Glenwood Avenue
to reconfigure parking for the Crest Lake Dog Park. Work will commence upon award and
execution of the contract and will be completed within 365 calendar days, sufficient time to allow
for the work to not disrupt traffic flow at Skycrest Elementary School.
Ongoing maintenance of the landscaping elements of the project will be provided by
Parks & Recreation Department. The landscaping was designed, with Parks Department input,
for low maintenance. Street signage and pavement markings will be maintained by Traffic
Operations.
Traffic Operations Manager Paul Bertels said the irrigation system was chosen to reduce
maintenance costs. Its spray will be controllable. City Engineer Mike Quillen said the
landscaping will require bimonthly care.
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Four people spoke in support of the project.
Councilmember Cretekos moved to award a contract for the Skycrest Neighborhood
Traffic Calming project (03-0097-EN) to Semper Fi Services, LLC, of Palmetto, Florida, in the
amount of $2,373,742.24, which is the lowest responsible bid received in accordance with plans
and specifications, and authorize the appropriate officials to execute the same. The motion was
duly seconded and carried unanimously.
10.6. Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of the
results of the firm/agents efforts to identify and propose suitable parcels, including letters of
intent to sell said suitable parcels, for City purchase and development of a 300 space parking
garage on south Clearwater Beach.
At its March 6, 2008, meeting Council directed the City Attorney to prepare a RFQ
(Request for Qualifications) from licensed real estate brokerage firms and agents for the
purpose of selecting a firm and agent to attempt to assemble land suitable for development of a
300 space public parking garage on South Clearwater Beach. RFP/RFQ 18-08 was issued on
March 24, 2008 in response to that direction. Among other matters, the RFP/RFQ required that
respondents consider and address the following tasks, provide their qualifications to undertake
the requirements, and submit a time and fee proposal to accomplish same: a) Identify optimum
locations and parcels required for the proposed project; b) Confirm ownership and title status of
the various properties; c) Conduct discussions and negotiations with the respective owners; d)
Secure Letters of Intent to Sell, including specific terms and conditions of sale; e) Deliver
executed Purchase and Sale Contracts to the City for Council action; f) Assist City with all pre-
closing requirements of each Contract; g) Oversee vacation of all properties prior to closing; and
h) In the event the proposed assemblage is unsuccessful, prepare a market study detailing
conditions contributing to the lack of success in assembling the lands.
The RFQ/RFP generated eight responses by the April 23, 2008 deadline, one of which
was not responsive to advertised requirements. The seven responsive proposals were received
and reviewed by a five-member Staff Evaluation Committee. Chase Real Estate, Inc., with Wm.
Mark Searcy as Agent, was ranked highest by the Committee. The City Council, at its May 15,
2008 meeting, authorized staff to negotiate a contract with Chase Realty/Mark Searcy to
complete the aforementioned engagement. The Agent was to complete work and report to the
City Council at its June 19th meeting all proposed parcels, with contracts no later than July 1,
2008. At the June 19, 2008, Council meeting, at the recommendation of staff and with the
concurrence of the Agent, the City Council extended the date for presentation of proposed
parcels to its Work session on July 14, 2008 due to the need to conclude further negotiation on
several potential parcels.
The Agent has completed the work under the proposal phase of the contract and is
prepared to report to City Council the results of his engagement. At the July 17, 2008 meeting,
Council gave further direction to Mr. Searcy and extended his contract to August 21, 2008.
Mr. Searcy recommended Coronado property between Third and Fifth streets: 1) 0.9-
acre for $5 million and 2) 1.01-acre for $5.7 million. Tim Haahs, of Timothy Haahs &
Associates, Inc., said while the larger parcel would be more efficient and allow more parking
spaces per floor, a garage on either parcel could be expanded. He said a garage’s height is
Council 2008-08-21 11
limited by the number of spirals necessary to reach the top. Parking Facilities Manager Tracey
Bruch said the garage would have two entrances and one exit. She estimated costs at $22,000/
space, or $6 million. Mr. Bertels said pedestrian traffic signals could be installed at Third and
Fifth streets.
Avi Ovakni, owner of property on Beach Walk, across Coronado from the subject
properties, said he had not agreed to allow beach access across his property. He proposed to
develop his site with two floors of retail and additional floors of parking that he could lease to the
City.
Discussion ensued with concerns expressed regarding the safety of pedestrians
crossing Coronado and previous private/public parking garage deals that had collapsed. It was
felt that Mr. Ovakni’s proposal is worth exploring. The City Attorney estimated an agreement
would take at least six months to negotiate. Assistant City Manager Rod Irwin said staff would
meet with Mr. Ovakni. Ms. Bruch requested the dimensions of the three proposed parcels.
Seven people spoke in favor of a beach parking garage, with concerns expressed
regarding pedestrian safety and traffic backups into the roundabout and recommendations to
build on City-owned waterfront property.
Councilmember Doran moved to extend the Chase Realty contract 30 days and for staff
to report on September 18, 2008, regarding the feasibility of a public/private partnership with Avi
Ovakni to construct a structure with a parking garage on his land that fronts Beach Walk. The
motion was duly seconded and carried unanimously.
The City Council recessed from 8:30 to 8:42 p.m.
Miscellaneous Reports and Items
11 - City Attorney Reports
11.1. State of Emergency Resolution
Resolution 08-25 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 08-25 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
12 - City Manager Verbal Reports
12.1. City Manager Verbal Reports – None.
13 - Council Discussion Items
13.1. Red Light Enforcement - Councilmember Doran
Council 2008-08-21 12
Councilmember Doran moved to hear Item 13.2 ahead of 13.1. The motion was duly
seconded and carried unanimously.
Councilmember Doran suggested considering red light camera enforcement. It was
stated that FDOT (Florida Department of Transportation) does not permit red light cameras on
State roads. Discussion ensued. It was felt that State law would provide uniformity for
equipment and enforcement.
Consensus was to include Red Light Camera enforcement in the City’s legislative
package.
13.2. Royalty Theater Appraisal and Acquisition
Robert Freedman, of Ruth Eckerd Hall, Inc., said the Royalty Theater project would
return the theater to its pristine condition and meet City goals for downtown economic
development. He said Ruth Eckerd Hall wholeheartedly believes in this project after testing a
business plan and reviewing construction costs. He expressed confidence that the project can
be completed for approximately $14.5 million and recommended the Ruth Eckerd Hall Board
raise $8 million. He encouraged the City to purchase the Royalty Theater and abutting Lokey
building.
Five people spoke in favor of the project.
Concern was expressed that this $6.5 million request occurs at a time of budget deficits.
Discussion ensued regarding previously lost opportunities and this unique chance to partner
with Ruth Eckerd Hall and save a historic building. It was felt the theater would provide
downtown with a unique attraction and benefit the entire County. It was noted the City
previously had contemplated investing $7 million to attract a multi-screen theater and that the
downtown consultant supported this project.
In response to questions, Mr. Freedman said funding will be in place before construction
begins. He estimated the $8 million could be raised within two years. He said with less than
$200,000 in upgrades, the theater could be used in the meantime for some performances. The
City Attorney said the contract requires additional deposits in October and recommended
developing a term sheet between the City and Ruth Eckerd Hall, Inc.
Councilmember Petersen moved for staff to procure an additional appraisal for the
Royalty Theater and Lokey building and to develop and submit a Ruth Eckerd Hall, Inc. term
sheet. The motion was duly seconded and carried unanimously.
Efficiency Review and Zero Based Budget
It was recommended the City hire a consultant to develop a Zero Based Budget or
efficiency review. The City Manager suggested first investing in a consultant to review the
Police Department. It was stated the effort would be costly and require significant staff time.
Consensus was for staff to provide information regarding efficiency review consultants.
14 - Other Council Action
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Councilmembers reported on events in which they recently participated and reviewed
upcoming events; congratulated North Greenwood Coalition for successful back-to-school
health fair.
Councilmember Cretekos congratulated Zach Railey for winning the Olympic Silver
Medal for the Finn Sailing event; acknowledged Mayor's efforts on behalf of the senior center at
the Long Center.
15 - Adjourn
The meeting adjourned at 10:14 p.m.
~~
'--ftifayor
City of Clearwater
Council 2008-08-21
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