09/18/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 18, 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
Rosemarie Call Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Dr. Becky Burton of Peace Memorial Presbyterian 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.
4 - Presentations: Given, except Item 4.2.
4.1. 2008 End of Session Report - Senator Charlie Justice and Representative Ed Hooper
4.2. Zach Railey, Silver Medal winner, 2008 Olympics
4.3. Proclamation: September 2008 is Leukemia, Lymphoma and Myeloma Month
4.4. Employee of the Month - Louis Corona, Police Department
5 - Approval of Minutes
5.1. Approve the minutes of the September 4, 2008 City Council Meeting and the August 21,
2008 Special City Council Meeting as submitted in written summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the September 4, 2008 City
Council Meeting and the August 21, 2008 Special 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 – None.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
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7.1. Adopt Ordinance 8004-08 on second reading, declaring the millage rate to be levied for the
fiscal year beginning October 1, 2008 and ending September 20, 2009, for operating purposes
including the funding of pensions, debt service and road maintenance for capital improvement
expenditures at 4.7254 mills.
Budget Director Tina Wilson said this is the second year in a row the millage rate
represents a 10% decrease from the roll-back rate. Staffing has been reduced by more than
100 FTEs (full time equivalents) over the last two years.
Three individuals expressed concerns regarding cuts in services..
Staff was commended for their efforts. It was stated that CRA funds are used to
leverage County funds.
Ordinance 8004-08 was presented for second reading and read in full. Councilmember
Cretekos moved to pass and adopt Ordinance 8004-08 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, and Hibbard.
"Nays": Petersen.
7.2. Adopt Ordinance 8005-08 on second reading, adopting an operating budget for the fiscal
year beginning October 1, 2008 and ending September 30, 2009; authorizing the City Manager
to issue such instructions that are necessary to achieve and accomplish the service programs
so authored; authorizing the City Manager to transfer monies and programs among the
departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of
Ordinances.
Ordinance 8005-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 8005-08 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.
7.3. Adopt Ordinance 8006-08 on second reading, adopting the Capital Improvement Program
budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009; approving
the six-year Capital Improvement Program which shall be reevaluated at the beginning of each
fiscal year; authorizing the City Manager to issue such instructions that are necessary to
achieve and accomplish the capital improvements so authorized; authorizing the City Manager
to transfer money between projects in the Capital Improvement Program; appropriating
available and anticipated resources for the projects identified.
Ordinance 8006-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 8006-08 on second and final
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.
8 - Quasi-judicial Public Hearings
8.1. Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Category
to the Recreation/Open Space (R/OS) Category, and a Zoning Atlas Amendment from the
Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts for
property located at 1551 Gulf Boulevard (consisting of a portion Sec. 19-29-15 in Metes and
Bounds 43/01); and Pass Ordinances 7973-08 and 7974-08 on first reading. (LUZ2008-05002)
This Future Land Use Plan (FLUP) amendment and rezoning application involves
property comprising approximately 4.01 acres in area located on the east side of Gulf
Boulevard, approximately 200 feet north of Marina del Ray Court. This property has FLUP
classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of
Business (B). The applicant is requesting to amend the FLUP designations of the site to the
Recreation/Open Space (R/OS) and Preservation (P) classifications and to rezone the property
to the Open Space/Recreation (OS/R) and Preservation (P) Districts.
The Planning Department determined that the proposed future land use plan
amendment and rezoning amendment, as recommended, are consistent with the following
standards specified in the Community Development Code: 1) The proposed land use plan
amendment and rezoning application are consistent with the Comprehensive Plan; 2) The
proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available
to serve the property; and 4) The applications will not have an adverse impact on the natural
environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
as the Countywide Planning Authority. The application is a small-scale amendment and review
and approval by the Florida Department of Community Affairs is not required.
Councilmember Doran moved to approve a Future Land Use Plan Amendment from the
Residential Medium (RM) Category to the Recreation/Open Space (R/OS) Category, and a
Zoning Atlas Amendment from the Business (B) District to the Open Space/Recreation (OS/R)
and Preservation (P) Districts for property located at 1551 Gulf Boulevard (consisting of a
portion of Sec. 19-29-15 in Metes and Bounds 43/01);
Ordinance 7973-08 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7973-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
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Ordinance 7974-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7974-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
8.2. Approve a Zoning Atlas Amendment from Business (B) District to the High Density
Residential (HDR) and Preservation (P) Districts for property located at 1170, 1180, 1200, and
1226 Gulf Boulevard (consisting of a portion of Sec. 17-29-15 in Metes and Bounds 33/021 and
Pass Ordinance 7976-08 on first reading. (REZ2008-05003)
This Zoning Atlas Amendment application involves one property of approximately 13.52
acres in area located on the northwest side of Gulf Boulevard, approximately 2,270 feet south of
Clearwater Pass Bridge. This property has FLUP classifications of Resort Facilities High (RFH)
and Preservation (P) and a zoning designation of Business (B). The City dissolved the B
District in 1972. The B designation was the result of a lawsuit settlement stipulation of October
17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the
applicant is requesting to amend the Zoning Atlas from the B designation to the High Density
Residential (HDR) and Preservation (P) designations.
The Planning Department determined that the proposed rezoning application is
consistent with the following standards specified in the Community Development Code: 1) The
proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use
is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the
property; 4) The applications will not have an adverse impact on the natural environment; and 5)
The district boundaries are appropriately drawn.
The Community Development Board reviewed this application at its public hearing on
September 16, 2008, and recommended approval.
Councilmember Petersen moved to approve a Zoning Atlas Amendment from Business
(B) District to the High Density Residential (HDR) and Preservation (P) Districts for property
located at 1170, 1180, 1200, and 1226 Gulf Boulevard (consisting of a portion of Sec. 17-29-15
in Metes and Bounds 33/021. The motion was duly seconded and carried unanimously.
Ordinance 7976-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7976-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
8.3. Approve a Zoning Atlas Amendment from Business (B) District to the High Density
Residential (HDR) District for property located at 1520, 1540, and 1560 Gulf Boulevard
(consisting of a portion of Sec. 19-29-15 and Pass Ordinance 7977-08 on first reading.
(REZ2008-05004)
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This Zoning Atlas Amendment application involves property, approximately 8.59 acres in
area, located on the west side of Gulf Boulevard, approximately 180 feet north of Marina del
Ray Court. This property has a FLUP classification of Residential High (RH) and a zoning
designation of Business (B). The City dissolved the B District in 1972. The B designation was
the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17,
2006. In effect, there is no zoning on the property and the applicant is requesting to amend the
Zoning Atlas from the B designation to the High Density Residential (HDR) designation.
The Planning Department determined that the proposed rezoning application is
consistent with the following standards specified in the Community Development Code: 1) The
proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use
is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the
property; 4) The applications will not have an adverse impact on the natural environment; and 5)
The district boundaries are appropriately drawn.
The Community Development Board reviewed this application at its public hearing on
September 16, 2008 and recommended approval.
Councilmember Cretekos moved to approve a Zoning Atlas Amendment from Business
(B) District to the High Density Residential (HDR) District for property located at 1520, 1540,
and 1560 Gulf Boulevard (consisting of a portion of Sec. 19-29-15. The motion was duly
seconded and carried unanimously.
Ordinance 7977-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7977-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
8.4. Approve a Zoning Atlas Amendment from Business (B) District to the Medium Density
Residential (MDR) and Preservation (P) Districts for property located at 1501 Gulf Boulevard
(consisting of a portion of Sec. 19-29-15 in Metes and Bounds 43/01 and Pass Ordinance 7978-
08 on first reading. (REZ2008-05005)
This Zoning Atlas Amendment application involves one property of approximately 5.85
acres in area located on the east side of Gulf Boulevard, approximately 800 feet north of Marina
Del Ray Court. This property has a FLUP classification of Residential Medium (RM) and a
zoning designation of Business (B). The City dissolved the B District in 1972. The B
designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on
October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to
amend the Zoning Atlas from the B designation to the Medium Density Residential (MDR) and
Preservation (P) designations.
The Planning Department determined that the proposed rezoning application is
consistent with the following standards specified in the Community Development Code: 1) The
proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use
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is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the
property; 4) The applications will not have an adverse impact on the natural environment; and 5)
The district boundaries are appropriately drawn.
The Community Development Board reviewed this application at its public hearing on
September 16, 2008 and recommended approval.
Councilmember Petersen moved to approve a Zoning Atlas Amendment from Business
(B) District to the Medium Density Residential (MDR) and Preservation (P) Districts for property
located at 1501 Gulf Boulevard (consisting of a portion of Sec. 19-29-15 in Metes and Bounds
43/01. The motion was duly seconded and carried unanimously.
Ordinance 7978-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7978-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9Second Readings - Public Hearing
-
9.1. Adopt Ordinance 7929-08 on second reading, amending Appendix A, Article 25 regarding
Solid Waste roll-off container fees.
Ordinance 7929-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7929-08 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.
9.2. Adopt Ordinance 7950-08 on second reading, making amendments to the Comprehensive
Plan of the City by amending the utility element to update the City of Clearwater’s Water Work
Plan in accordance with the updated Southwest Florida Water District’s Regional Water Supply
Plan.
Ordinance 7950-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7950-08 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.
9.3. Adopt Ordinance 7984-08 on second reading, amending Chapter 2, Article IV, Division 4,
Code of Ordinances, regarding employee travel.
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Ordinance 7984-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7984-08 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.
9.4. Adopt Ordinance No. 7997-08 on second reading, amending the Community Development
Code to adopt criteria by which sandwich board signs may be permitted in certain areas,
providing a fee for such signage, and making other minor editorial changes.
Concern was expressed with allowing sandwich board signs for two years on Cleveland
Street.
Ordinance 7997-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7997-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Gibson and Hibbard.
"Nays": Petersen and Cretekos.
City Manager Reports
10 - Consent Agenda
- Approved as submitted
10.1. Approve an Agreement with the Clearwater Regional Chamber of Commerce (CRCC) for
tourism services in Fiscal Year 2008-2009 in return for funding in the amount of $190,000 and
authorize the appropriate officials to execute same. (consent)
10.2. Approve a not to exceed amount of $500,000, to pay Gallagher Bassett Services, Inc., for
workers’ compensation claims due and payable for the period October 1, 2008 to September
30, 2009. (consent)
10.3. Approve payment of insurance premiums up to $665,000, with effective dates beginning
October 1, 2008 to September 30 2009, and authorize the appropriate officials to execute same.
(consent)
10.4. Approve the second and final renewal of the contract (Purchase Order) with Mastec North
America, Inc., 7221 East Martin Luther King Jr. Boulevard, Tampa, FL for the period October 1,
2008, to September 30, 2009, for the Installation of Gas Mains and Service Lines in the amount
of $1,098,750 and authorize the appropriate officials to execute same. (consent)
10.5. Award a contract to Purvis Curbs of Largo, Florida for $200,000 for materials and labor to
install various concrete projects throughout the year (Bid 33-08) and authorize the appropriate
officials to execute same. (consent)
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10.6. Approve assignment of the Hispanic Outreach Center Lease Agreement with YWCA of
Tampa Bay to Pinellas Core Management Services, Inc.; terminate YWCA contracts providing
1) Operation Apoyo Hispano services, 2) Human Trafficking advocacy services and 3) Human
Trafficking Immersion training and approve contracts with Pinellas Core Management Services
to provide these services using funding remaining in the 2006 Edward Byrne Memorial Justice
Grant, the 2006 Bureau of Justice Assistance Grant for Human Trafficking and the 2008 Bureau
of Justice Human Trafficking Immersion Learning Grant and authorize the appropriate officials
to execute same. (consent)
10.7. Approve acceptance of a FY 2008 U.S. Department of Justice, Bureau of Justice
Assistance (USDOJ/BJA) Edward Byrne Memorial Justice Assistance grant in the amount of
$30,414 to fund the purchase of Tactical Weapons Illuminators and Holsters. (consent)
10.8. Award a Contract (Blanket Purchase Order) for $530,000 to M/A-COM Private Radio
Systems of Lynchburg, VA for the Quarterly Payments during the period of 10/01/08 through
9/30/10 toward the 20 Year Maintenance Agreement approved by Council on June 20, 2002
and authorize the appropriate officials to execute same. (consent)
10.9. Accept a Water Main and Hydrant Easement containing 5,075 square-feet, more or less,
conveyed by Mary Salinas Huber, as Trustee of the Church of Scientology Religious Trust, over,
under and across a portion of OAK COVE, A COMMERCIAL CONDOMINIUM (COMMON
ELEMENT), in consideration of receipt of $1.00 and the benefits to be derived therefrom.
(consent)
10.10. Approve an amendment to the lease with COTEL Inc., LLC to increase the rent by
$14,700 annually, for a new annual total of $44,100 and authorize appropriate officials to
execute same. (consent)
10.11. Approve amendment to the Interlocal Agreement between Pinellas County and its
NPDES Co-Permittess for the design, implementation, operation and maintenance of the
ambient water quality-monitoring program at a cost to the City of $36,000. (consent)
10.12. Approve a contract to Thompson Well and Pump, Inc. of DeLand, Florida, for the
construction of 13 wells including aquifer testing of 3 wells for Reservoir 2 - RO Plant Project
(06-0055-UT) in the amount of $790,526.31, which is the lowest responsible bid in accordance
with specifications and authorize the appropriate officials to execute same. (consent)
10.13. Accept a 242 square-foot Drainage & Utilities Easement conveyed by Nicholas J.
Southard and Betty A. Southard, over, under and across a portion of Lot 16, FAIR OAKS
SUBDIVISION FIRST ADDITION, in consideration of receipt of $1.00 and the benefits to be
derived therefrom. (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.
11 - Other items on City Manager Reports
Council 2008-09-18 8
11.1. Amend the City's fiscal year 2007/08 Operating and Capital Improvement Budgets at Third
Quarter and pass Ordinances 7995-08 and 7996-08 on first reading.
The FY (Fiscal Year) 2007/08 Operating and Capital Improvement Budgets were
adopted in September 2007 by Ordinances 7866-07 and 7867-07. Section 2.521 of the City's
Code of Ordinances requires the City Manager to prepare a third quarter report detailing
income, expenditure estimates, collection, the explanation of significant variances, as well as
the financial status of all capital improvement projects.
In his September 5, 2008 memorandum, the City Manager reviewed the report, which is
based on nine months of activity (October 2007 through June 2008) in this fiscal year. The
report comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below:
General Fund - General Fund revenues and expenditure amendments reflect a net
increase of $ 11,866,198. There are several major reasons for the overall increase in General
Fund expenditures: 1) The first increase includes a budget of $2,443,240 in Police and Fire for
the supplemental plans, which is offset by plan revenue. Historically, these revenues and
expenditures were reflected in a separate fund, but the Government Finance Officer’s
Association (GFOA) insists that the supplemental plans be reflected in the General Fund; 2)
Other amendments include the allocation of retained earnings to fund capital projects including
$3,754,638 for Beach Walk; $330,220.90 for the Bayfront Promenade; $3,000,000 for the
Carpenter Complex Clubhouse Renovations; and $2,025,000 for the Clearwater Golf Course
Acquisition; 3) The balance of the increases is attributable to other allocations of retained
earnings for operating purposes include funding of $74,999 for the Cason settlement, $50,000
for Pinellas Hope, and $50,100 to fund the payout of accrued leave for the previous Assistant
Director in Public Services.
General Fund Reserves – In order to ensure adequate reserves, the City Council’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. With the closing of the year-end 2007 books, and the allocation of reserves noted
above, estimated General Fund reserves at third quarter are approximately $15.4 million at year
end, or 12% of the current year’s General Fund budget, exceeding the City’s reserve policy by
$4.5 million for the current fiscal year.
Significant amendments to other City Operating Funds are noted as follows: 1) Water
and Sewer Fund - Third quarter amendments in the Water and Sewer operating budget reflect a
net decrease of $827,187 primarily due to the restructuring of water and sewer utility funding
approved by the City Council on August 7, 2008. In addition, $233,213, representing interest
earnings on bond funds is transferred to capital project 315-96686, Pump Station Replacement;
2) Stormwater Fund - At third quarter, the Stormwater expenditure operating budget reflects an
increase of $1,340,318. Council approved transfers of retained earnings to fund capital projects
in the amount of $2,589,507 in June 2008. This amendment, net of savings in debt service
costs due to the postponement of issuing stormwater debt, results in the increase in fund
expenditures; 3) Gas Fund - Budget amendments to the Gas Fund reflect a budget increase of
approximately $567,790 primarily due to fuel costs; 4) Recycling Fund - Third quarter
expenditure amendments in the Recycling Fund reflect an increase of $30,850, primarily due to
Council 2008-09-18 9
increased fuel costs. Revenues from the sale of recyclables more than offset the increase in
budgeted expenditures; 5) Marine Fund - Third quarter amendments reflect an increase of fuel
purchases for resale in the amount of $850,000 and related revenues as approved by the City
Council on August 18, 2008; 6) Capital Improvement Fund - Third quarter amendments to the
Capital Improvement Fund reflect an increase of $5,923,873. Significant amendments include
the allocation of General Fund retained earnings to establish new projects including 315-93606,
Carpenter Complex Clubhouse Renovations at $3,000,000; 315-93609, Clearwater Golf Course
Acquisition at $2,025,000; and provide additional funds to 315-93402, Bayfront Promenade at
$330,221, all of which have been previously approved by the City Council; 7) Special
Development Fund - The only amendment to Special Development Fund expenditures at third
quarter is the transfer of $175,682.54 of unallocated “fee in lieu of drainage fees” to capital
project 315-96161, Coastal Basins, to provide additional revenue to this project; 8) Special
Program Fund - The Special Program Fund reflects a net budget increase of $768,416 at third
quarter. Significant amendments reflect more than $400,000 for the special events and
sponsorships programs in the last three months, $175,000 from police fines and court proceeds
to support public safety programs, $237,000 in grant funds, and $165,000 in revenues for police
outside duty contractual services. Fund amendments also reflect the return of $364,299 in
general fund revenues from the Building Code Enforcement Surplus project approved by the
City Council on August 21, 2008.
Councilmember Cretekos moved to amend the City's fiscal year 2007/08 Operating and
Capital Improvement Budgets at Third Quarter. The motion was duly seconded and carried
unanimously.
Ordinance 7995-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7995-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran and Gibson.
"Nays": None.
Absent: Hibbard.
Ordinance 7996-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7996-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran and Gibson.
"Nays": None.
Absent: Hibbard.
11.2. Award a contract to The Bancorp Bank/dba Mears Motor Leasing to provide a
$30,000,000 line of credit to cover all planned lease purchase of equipment acquired in the next
five fiscal years starting October 1, 2008, authorize all uncompleted equipment acquisitions
previously approved for financing under the current agreement with SunTrust to be financed
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under this new agreement, authorize the appropriate officials to execute the same, and adopt
Resolution 08-23 authorizing the City to be reimbursed from tax-exempt proceeds.
The current agreement with Sun Trust Equipment Financing and Leasing Corp expires
September 31, 2008. The City solicited proposals (RFP 32-08) for lease purchase (installment
sale) financing for the next five fiscal years (2009-2013). The City received four competitive
proposals: 1) Banc of America Public Capital Corp.; 2) Wachovia Financial Services Inc.; 3) Sun
Trust Equipment Finance & leasing Corp.; and 4) The Bancorp Bank/dba/Mears Motor Leasing.
The selection committee reviewed these proposals, comparing interest rates and terms. The
committee determined the proposal offering the most advantageous combination of rates and
terms for the City was submitted by Mears Motor Leasing. The interest rates applicable to each
draw will be determined by the following table based on the three and five year Constant
Maturing Treasury (CMT) note as published weekly in the Federal Reserve Statistical Release
H.15.
3-Year CMT Mears 5 -Year CMT Mears
1% - 2.25% 3.02% 1% - 2.25% 2.80%
2.26% - 2.50% 3.36% 2.26% - 2.50% 3.11%
2.51% - 2.75% 3.29% 2.51% - 2.75% 3.15%
2.76% - 3.00% 3.59% 2.76% - 3.00% 3.44%
3.01% - 3.24% 3.52% 3.01% - 3.24% 3.36%
3.25% - 3.50% 3.80% 3.25% - 3.50% 3.63%
3.51% - 3.74% 4.07% 3.51% - 3.74% 3.88%
3.75% - 4.00% 4.35% 3.75% - 4.00% 4.15%
4.01% - 4.24% 4.61% 4.01% - 4.24% 4.40%
4.25% - 4.50% 4.89% 4.25% - 4.50% 4.67%
4.51% - open 5.30% 4.51% - open 5.30%
For example, if at the time of financing the 3-year CMT were 3.49%, the rate the City
would be charged by Mears Motor Leasing would be 3.8%. With the exception of items that
have a three-year useful life, such as computer hardware/software and police pursuit vehicles,
lease purchases will be on a five-year amortization.
The City’s cost of capital on the most recent draw on the current agreement with Sun
Trust was 3.88% for three-year items and 3.53% for five-year items. The interest rates based
on the Mears Agreement would have been 3.59% and 3.63%, respectively. The contract has a
term of five years with the option for renewal as mutually agreed to by both parties. Approval of
this item does not represent a commitment to borrow. Decisions to lease purchase specific
items of equipment must be budgeted for or approved separately in accordance with the City’s
purchasing policy.
Councilmember Cretekos moved to award a contract to The Bancorp Bank/dba Mears
Motor Leasing to provide a $30,000,000 line of credit to cover all planned lease purchase of
equipment acquired in the next five fiscal years starting October 1, 2008, authorize all
uncompleted equipment acquisitions previously approved for financing under the current
agreement with SunTrust to be financed under this new agreement, authorize the appropriate
officials to execute the same. The motion was duly seconded and carried unanimously.
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Resolution 08-23 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 08-23 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.
11.3. Report on negotiations regarding public - private beach parking garage.
Chase assemblage #4 east of Coronado (0.7 acre) - Financial Summary: City would
borrow approximately $3.9 million and fund approximately $9 million from reserves to make sure
that the project revenues would be greater than estimated expenditures (including a structural
maintenance reserve) and still generate a reasonable net profit. Funding from reserves could
come from the $6 million set aside in a project as well as an additional $3 million from the
Parking Fund undesignated reserves, which currently exceed $10 million. Staff has not
included the cost of reinforcement for expansion in these amounts.
Advantages: 1) City would own the land & the structure; 2) City controls design and
construction process; 3) Provides more north-south disbursement of parking as opposed to
concentrated in one area; 4) 15-foot setback from Coronado & 12-foot from Hamden will provide
Beach By Design landscaping and architectural treatment opportunities; 5) Design features/
amenities (i.e., bike racks, sand rinse off area, holding area for beach accoutrements, etc.)
could be incorporated into design; 6) Choice of one or two separate entrances (Coronado/
Hamden); 7) Could close Coronado entrance depending on impact to traffic flow (would gain
five additional parking spaces); 8) All egress is on Hamden; 9) User friendly (i.e., no large ramps
to navigate, elevator lobby area defined, etc.); 10) Stairwells at NW & SE corners for
convenience.
Disadvantages: 1) A parking garage with 300 spaces could generate anywhere from 300
to 1,200 pedestrians per day crossing Coronado Drive between Second and Fifth streets. This
could have a major impact on the LOS (Level of Service) of Coronado Drive (40,000 vpd peak,
20,000 vpd off-peak) as this number of pedestrians is concentrated in a small section of
roadway rather than distributed over the entire beach. This could necessitate the installation of
a signal at Second Street, and possibly pedestrian signals at Brightwater Drive and midblock
between Brightwater and Second Street. This does not count the already identified signal that
will probably be needed at Fifth Street for general traffic control in the not too distant future. The
more signal density on a segment of road the lower the LOS. The impact to this traffic flow of
safely crossing this many pedestrians per day may be significant in terms of delay and
congestion and counterproductive to the intent of Coronado’s function in Beach by Design, as it
is also the main access route for the residents on Sand Key as well as the residents on the
south end of the beach; 2) Access to this garage would have to be made by southbound left
turns across opposing traffic from the center lane of Coronado Drive and/or from Hamden Drive
on the east side of the garage via southbound left turns from Coronado Drive onto Devon Drive
against opposing northbound traffic; 3) Requires five levels to accommodate 272 parking
spaces; 4) Future upward expansion of this garage to more than 300 spaces would pose
problems, as the garage would have to be closed during construction.
Council 2008-09-18 12
Chase assemblage #5R east of Coronado (1.0 acre) - Financial Summary: City would
borrow approximately $3.9 million and fund approximately $10.2 million from reserves to make
sure that the project revenues would be greater than estimated expenditures (including a
structural maintenance reserve) and still generate a reasonable net profit. Funding from
reserves could come from the $6 million set aside in a project as well as an additional $4.2
million from the Parking Fund undesignated reserves, which currently exceed $10 million. Staff
has not included the cost of reinforcement for expansion in these amounts.
Advantages: 1) City would own the land & the structure; 2) City controls design and
construction process; 3) Provides more north-south disbursement of parking as opposed to
concentrated in one area; 4) 15-foot setback from Coronado & 12-foot from Hamden will provide
Beach By Design landscaping and architectural treatment opportunities; 5) Design features/
amenities (i.e., bike racks, sand rinse off area, holding area for beach accoutrements, etc.).
could be incorporated into design; 6) Choice of one or two separate entrances (Coronado/
Hamden); 7) Could close Coronado entrance depending on impact to traffic flow (would gain
five additional parking spaces); 8) All egress is on Hamden; 9) User friendly (i.e., no large ramps
to navigate, elevator lobby area defined, etc.); 9) Stairwells at NW & SE corners for
convenience; 10) Requires only four levels to accommodate 292 parking spaces; and 11) Site
has the best square-foot per parking space efficiency ratio.
Disadvantages: 1) A parking garage with 300 spaces could generate anywhere from 300
to 1,200 pedestrians per day crossing Coronado Drive between Second and Fifth streets. This
could have a major impact on the LOS of Coronado Drive (40,000 vpd peak, 20,000 vpd off-
peak), as this number of pedestrians is concentrated in a small section of roadway rather than
distributed over the entire beach. This could necessitate the installation of a signal at Second
Street, and possibly pedestrian signals at Brightwater Drive and midblock between Brightwater
and Second Street. This does not count the already identified signal that will probably be
needed at Fifth Street for general traffic control in the not too distant future. The more signal
density on a segment of road the lower the LOS. The impact to this traffic flow of safely
crossing this many pedestrians per day may be significant in terms of delay and congestion and
counterproductive to the intent of Coronado’s function in Beach by Design, as it is also the main
access route for the residents on Sand Key as well as the residents on the south end of the
beach; 2) Access to this garage would have to be made by southbound left turns across
opposing traffic from the center lane of Coronado Drive and/or from Hamden Drive on the east
side of the garage via southbound left turns from Coronado Drive onto Devon Drive against
opposing northbound traffic; 3) Site costs $700,000 more than site #4; 4) Site contains an
approximately 16-foot by 110-foot area which is not usable for the garage; 5) Future upward
expansion of this garage to more than 300 spaces would pose problems, as the garage would
have to be closed during construction.
Britts (Surf Style) Condo Purchase Option - Financial Summary: City would borrow
approximately $3.9 million and fund approximately $12.7 million from reserves to make sure that
the project revenues would be greater than estimated expenditures (including a structural
maintenance reserve) and still generate a reasonable net profit. Funding from reserves could
come from the $6 million set aside in a project as well as an additional $6.7 million from the
Parking Fund undesignated reserves, which currently exceed $10 million. Includes the cost of
reinforcement for expansion in that 200 additional spaces are being built at the same time,
which can be purchased for an additional $4 million (adjusted by CPI) after five years.
Council 2008-09-18 13
Advantages: 1) Eliminates problem with pedestrians crossing Coronado Drive to get to
the beach; 2) Provides for smooth entry into the garage via a decel lane on Coronado Drive as
opposed to queuing in the continuous left turn lane on Coronado Drive and turning left against
opposing northbound traffic; 3) Fits the vision of Beach Walk as the day-trippers who use this
garage would be able to immediately access Beach Walk and use the promenades and
pedestrian facilities already planned and implemented for the beach goer to get to the sand.
There is a crosswalk in the Beach Walk development directly in front of the Britts site for access
to the beach; and 4) Provides for already constructed future expansion of an additional 200
spaces, which the City can purchase after five years.
Disadvantages: 1) The City does not have complete control of the design, owners may
not be receptive to the City’s level of design features/amenities requested (i.e., bike racks, sand
rinse off area, holding area for beach accoutrements, etc.); 2) 14% ramp slope – very steep
(Ground level to level two), which exceeds City’s proposed code revisions (not to exceed 12%);
3) Down Ramp to exit – dangerous with 90-degree turn at base of 14% slope; 4) Would not own
and would have to rely on owners for structural maintenance and repairs & unclear what those
costs would be; 5) Elevators are not as visible on the lower levels due to the retail/restaurant
use – could cause user confusion; 6) Not much space for Beach By Design treatments,
landscaping or amenities; 7) Worst square-foot per parking space efficiency ratio; 8) Hyatt
public parking ingress/egress driveway for 400 public spaces is located immediately north of this
site abutting the level one parking & delivery truck ingress/egress – possible impact to traffic
flow; and 9) Developers request that City fund construction might be problematic.
Britts (Surf Style) Lease Option - Financial Summary: City would need to reserve
approximately $13 million, which together with interest generated from this reserve would cover
the expected annual net loss over the 30-year lease (including a reasonable annual buffer and
structural maintenance reserve). Funding of this reserve could come from the $6 million set
aside in a project as well as an additional $7 million from the Parking Fund undesignated
reserves, which currently exceed $10 million. There is an option to purchase the garage at the
end of 30 years at fair market value if the City pays a $2 million non-refundable deposit up front.
This cost has not been included in this analysis.
Advantages: 1) Eliminates problem with pedestrians crossing Coronado Drive to get to
the beach; 2) Provides for smooth entry into the garage via a decel lane on Coronado Drive as
opposed to queuing in the continuous left turn lane on Coronado Drive and turning left against
opposing northbound traffic; 3) Fits the vision of Beach Walk as the day-trippers who use this
garage would be able to immediately access Beach Walk and use the promenades and
pedestrian facilities already planned and implemented for the beach goer to get to the sand; and
4) There is a crosswalk in the Beachwalk development directly in front of the Britts site for
access to the beach.
Disadvantages: 1) The City does not have complete control of the design, owners may
not be receptive to the City’s level of design features/amenities requested (i.e., bike racks, sand
rinse off area, holding area for beach accoutrements, etc.); 2) 14% ramp slope – very steep
(Ground level to level two) - exceeds City’s proposed code revisions (not to exceed 12%); 3)
Down Ramp to exit – dangerous with 90-degree turn at base of 14% slope; 4) Would not own
and would have to rely on owners for structural maintenance and repairs & unclear what those
costs would be; 5) Elevators are not as visible on the lower levels due to the retail/restaurant
use – could cause user confusion; 6) Not much space for Beach By Design treatments,
Council 2008-09-18 14
landscaping or amenities. The above items reflect the possibility that this garage may not
provide the quality desired; and 7) Worst square-foot per parking space efficiency ratio; 8) Hyatt
public parking ingress/egress driveway for 400 public spaces is located immediately north of this
site abutting the level one parking & delivery truck ingress/egress – possible impact to traffic
flow.
Assistant City Manager Rod Irwin reviewed options. The City Attorney reported I-star
sent an e-mail indicating they were still interested in negotiating regarding the Lucca property.
In response to questions, Engineering Director Michael Quillen said single deck garages
at the Adams Mark, Pier 60 and Rockaway locations would consist of 75, 60 and 120 spaces
respectively. Estimated cost per space is $20,000. Finance Director Margie Simmons said
there is $10 million in parking fund reserves available for garage construction.
Two individuals opposed construction of a parking facility on the beach.
Two individual supported construction of a parking garage on the beach. One individual
supported a garage on the Britt’s (Surf Style) property.
Both a Representative of the Britt’s (Surf Style) property and a representative of I-star
indicated a willingness to continue to negotiate on their respective properties.
Staff was directed to continue negotiations for one month.
It was stated that the contract with Mark Searcy will need an extension.
Councilmember Gibson moved to extend contract with Mark Searcy, Chase Real Estate,
and cap commission at $150,000. Motion was duly seconded. Councilmembers Doran and
Gibson voted “Aye”; Councilmembers Petersen, Cretekos and Hibbard voted “Nay.” Motion
failed.
Discussion ensued.
Councilmember Gibson moved to extend the contract with Mark Searcy, Chase Real
Estate, through December 31, 2008 and cap commission at $100,000 no matter which property
is selected. The motion was duly seconded and passed unanimously.
11.4. Approve amendments to Sections 2.061 through 2.069, Advisory Board Generally and
delete Article 2, Divisions 3 and 4, Beautification Committee and Community Relations Board in
their entirety and pass Ordinance 8003-08 on first reading.
Earlier this year the Council reviewed the general sections of the code regarding
advisory boards. The majority of the Council directed that term limits for advisory board
members be removed.
Additional changes are being made to change "commission" to "council" and to clarify
language. Also, due to the State statute requiring a member of the Neighborhood & Affordable
Housing Board be from the local planning agency, an exception to the provision that a person
Council 2008-09-18 15
may not serve on more than one board is being added to allow a person to serve on NAHAB
and CDB (Community Development Board).
The proposed ordinance also deletes the Beautification Committee and Community
Relations Board. Maintaining members for these two boards has been extremely difficult and
neither board has met in over a year. The Beautification Board has essentially outlived its
usefulness. Several years ago the Community Relations Board's responsibility to investigate
charges of housing and employment discrimination was transferred to the County, and since
that time there has been little need for the board to meet.
Councilmember Cretekos moved to approve amendments to Sections 2.061 through
2.069, Advisory Board Generally and delete Article 2, Divisions 3 and 4, Beautification
Committee and Community Relations Board in their entirety. The motion was duly seconded
and carried unanimously.
Ordinance 8003-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 8003-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Gibson, and Hibbard.
"Nays": None.
Absent: Doran.
Miscellaneous Reports and Items
12 - City Attorney Reports
12.1. Royalty Theater – Item pulled
13 - City Manager Verbal Reports
13.1. Scott Bitman - Occupational License Issues
Planning Director Michael Delk said staff has declined to sign off on zoning approval for
Mr. Bitman’s occupational license due to non-conforming lands and structures. The last
occupational license on this parcel expired in December 2005, no longer permitting non-
conformity. Mr. Delk said it is unfortunate Mr. Bitman did not check with Planning regarding
what would be allowed on the property, prior to purchasing the property. In order to use the
property Mr. Bitman must proceed with level 2 application process, however there are no
guarantees of approval. Development and Neighborhood Services Director Jeffery Kronschnabl
said Mr. Bitman has been issued three citations for operating without a license.
Mr. Bitman reviewed history of property and efforts with cleaning up site.
Discussion ensued. Council advised Mr. Bitman to continue work with Planning staff.
Council 2008-09-18 16
14 - Council Discussion Items
14.1. FOOT Presentation of Safety Improvements for U.S.19 from Sunset Point to Enterprise
Road.
Traffic Operations Manager reviewed a power point presentation regarding the traffic
operations study on US 19, from north of Sunset Point Road to south of Countryside Boulevard.
The estimated $5,648,025 improvements will make road safer by replacing "stop and go"
conditions to enter northbound US 19 with frontage road and slip ramp access and eliminating
southbound traffic conflicts by closing median openings. The improvements will be included in
the FY 09-14 Work Program.
15 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; congratulated Skip Schaefer and Janet Rosenquist for Mr. & Mrs.
Countryside title and cheered Tampa Bay Rays for possible playoff.
Petersen said she met with Mr. Maramatzu, Nagano liaison in Miami, regarding project
in which Clearwater students will make decorative inserts for Nagano lantern festival.
Hibbard thanked citizens for approving ordinance that allows City to donate land for
affordable housing and congratulated Julie Janssen, new Pinellas School Superintendent.
16 - Adjourn
The meeting adjourned at 9:36 p.m.
=t.....e ~
Me10r
City of Clearwater
Attest:
Council 2008-09-18
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