11/18/2008CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 18, 2008
Present: Frank Hibbard
George N. Cretekos
John Doran
Carlen Petersen
Paul Gibson
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Doctor John R. Thompson of Countryside Christian Center. 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:
4.1. American Red Cross Presentation
Abbi Weaver, Government Relations & Disaster Communications Officer for the
American Red Cross Tampa Bay Chapter, reviewed history of local chapter and said the
chapter is seeking help to obtain warehouse space to store emergency supplies for 2009.
4.2. 2008 Jazz Holiday Presentation
Steven Weinberger, Gary Halas, Sherri Callahan Spencer and Joanie Sigal of the Jazz
Holiday Foundation presented the City with a poster autographed by art show participants.
4.3. World Triathlon Presentation
Video of the event was presented and staff and other partners thanked.
4.4. Citizens Academv Graduates
Graduates of the Citizens Academy were recognized and congratulated.
4.5. We Care Fund - Jim Geary
Residents were encouraged to donate to the fund, which is used to assist paying utility
bills for people experiencing temporary financial difficulties.
Council 2008-11-18
4.6. State of the City Presentation - City Manager
City Manager Bill Horne reviewed efforts to achieve vision statement priorities.
5 - Approval of Minutes
5.1 Approve the minutes of the November 6, 2008 City Council Meeting, as submitted in written
summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the November 6, 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
Pamela Anderson Wright invited all to the annual Winter Wonderland, opening
December 5, 2008, and encouraged attendees to donate toys or non-perishable items
benefiting local charities.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
7.1. Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue
that lies along the West property lines of Lot 1 and Lots 9 through 26 inclusive, Block "J",
Belmont Second Addition, (a.k.a. 801 Howard Street), subject to the retention of a drainage and
utility easement over the full width of the street right-of-way to be vacated and approve
Ordinance 8015-08 on first reading. (VAC2008-02 Eggers-City of Clearwater)
The applicant is seeking the vacation in order to eliminate the otherwise applicable
setback requirement from a street right-of-way to permit the future construction of a single family
home on Lots 1 and 2 of said Block "J," Belmont Second Addition. The City of Clearwater has
joined in this request to vacate the remainder of this unimproved street from the south property
line of Lot 1 to the northerly right-of-way line of Belleair Road. Two improved streets, Scranton
Avenue to the east and Myrtle Avenue to the west are located nearby; accordingly no future
need for this street as a roadway is anticipated.
Verizon, Bright House, Knology and Progress Energy have no objections to the vacation
request. The City of Clearwater maintains stormwater facilities within the subject street portion
but no other utilities are present at this time. The Engineering Department has no objections to
the vacation request provided that a drainage and utility easement is retained over the full width
of the street right-of-way to be vacated.
It was requested that Item 7.1 be continued as the Pinellas Mobility Initiative is currently
developing plans for a possible freight or commuter rail, which may require this right-of-way.
Councilmember Doran moved to continue Item 7.1 to December 4, 2008.
The motion was duly seconded and carried unanimously.
Council 2008-11-18 2
7.2. Continue 1st reading and public hearing of Ordinance 7999-08, Downtown Parking, to
December 4. 2008.
Councilmember Cretekos moved to continue Item 7.2 to December 4, 2008. The motion
was duly seconded and carried unanimously.
7.3. Approve amended and restated Development Agreement for property located at 100
Coronado, between K and P Clearwater Estate, LLC (the property owner) and the City of
Clearwater (Case No. DVA2008-00001) and adopt Resolution 08-14.
The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South
Gulfview Boulevard, north of Second Street. The subject property is currently vacant, but used
as a temporary City public parking lot. On October 19, 2004, the Community Development
Board (CDB) approved a Flexible Development application for the construction of a 350-unit
hotel with associated amenities and 75 attached dwellings as a mixed-use development
(FLD2004-02013). The City Council approved a companion Development Agreement on
February 17, 2005 (Case DVA2004-00001). These development approvals authorized the
following: 1) Use of 250 hotel rooms from the Beach by Design density pool; 2) Maximum
building height of 150 feet; 3) Vacation of a portion of the right-of-way for Gulfview Boulevard
between Coronado Drive and proposed Second Street; 4) Vacation of the First Street right-of-
way between Coronado Drive and Gulfview Boulevard; 5) Dedication of right-of-way for
proposed Second Street between Coronado Avenue and Gulfview Boulevard; and 6) Dedication
of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard.
On May 17, 2005, the CDB approved a Flexible Development application amending the
prior project to modify the location of an elevated pedestrian walkway over South Gulfview
Boulevard (FLD2004-02013A). On March 16, 2006, City Council approved an amendment to
this original Development Agreement (DVA2004-00001A), which dealt with issues associated
with Beach Walk construction and the timing of the dedication of land for Relocated 1 st Street
(to be known as Second Street once constructed), as well as for the construction of Relocated
1 st Street. On October 21, 2008, the CDB approved with 13 conditions of approval a Flexible
Development application for the construction of a 450-room overnight accommodation use (250-
room hotel and 200-room timeshare) (FLD2008-05013).
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set
forth in Beach by Design. The proposed Development Agreement will be in effect for a period
not to exceed ten years and includes the following main provisions: 1) Updates the provisions of
the Development Agreement to current conditions, reflecting changes due to Beach Walk
construction and other surrounding conditions, as well as the current proposed development; 2)
Provides for the vacation of Parcel J (the area where the pedestrian bridge was previously
located on the approved plan, which is no longer proposed); 3) Updates the public parking
options to reflect the developer's option to pay in lieu of providing the parking spaces on-site; 4)
Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding
to staff concerns regarding employee parking issues; and 5) Updates developer's pro rata share
of the Beach Walk construction to indicate what the developer has paid to date and the
remaining obligation to meet the prior commitment;
Council 2008-11-18 3
The currently approved Development Agreement, along with the associated resort pool
units, expires in 2015. This proposed amended Development Agreement does not extend this
date. It does propose to give the developer three years to commence vertical construction and
the opportunity to request a time extension from City Council extending through the 2015 date.
The proposed amended Development Agreement also requires the City to consider (but not
necessarily adopt) amendments to the previously approved vacation ordinances that expire in
March 2010 if vertical construction has not commenced.
The Community Development Board reviewed this Development Agreement application
at its public hearing on October 21, 2008, and unanimously recommended approval of the
application (DVA2008-00001). Following the CDB meeting, there have been changes to the
Agreement negotiated by the City Attorney. Specifically, the Agreement has been changed to
require commencement of the Project within three years and several other minor changes
related to timing of commencement and the ability to have Concession on the beach and the
related documents and provisions have been deleted.
In response to questions, applicant representative Ed Armstrong said all parking spaces
for the hotel will be valet parking except for the eight public parking spaces. The applicant is
requesting that cafe seating be allowed in the Palm Court and guidance be given regarding
upgrading the temporary parking lot. Engineering Director Michael Quillen said improvements
for temporary parking lot are estimated at $240,000 for pay stations, curbing, landscaping,
fencing, irrigation and smooth millings. Improvements would be completed before Spring Break
and provide up to 204 spaces. Mr. Quillen said the City would recapture the costs in
approximately 13 months. The City Attorney indicated, based on Council direction, the
temporary parking lot lease agreement will be drawn up and brought to the next Council
meeting and staff requests the development agreement be continued to that meeting.
Questions were raised regarding the Related Group's involvement in the project and why
they were not present.
Council recessed from 7:26 p.m. to 7:32 p.m.
Dr. Kiran Patel, applicant, reviewed project history and explained the role of Related
Group in obtaining financing and working with Marriott to come to an agreement. It was
requested that a corporate officer from Related Group attend the next council meeting to which
the development agreement is to be continued.
Discussion ensued and it was agreed the temporary parking lot should include grading,
landscaping consistent with Pier 60, gating, irrigation and smooth millings and the cost to the
applicant not exceed $150,000.
Councilmember Gibson moved to continue Item 7.3 to December 4, 2008 and the
temporary parking lot lease agreement provide for grading, landscaping consistent with Pier 60,
gating, irrigation and smooth millings and the cost to the applicant not exceed $150,000. The
motion was duly seconded. Councilmembers Doran, Cretekos, Gibson and Mayor Hibbard
voted "Aye," and Councilmember Petersen voted "Nay." Motion carried.
8 - Second Readings - Public Hearing
Council 2008-11-18 4
8.1. Adopt Ordinance 7994-08 on second reading, amending the Zoning Atlas of the city by
rezoning certain property whose post office address is 2855 Gulf-To-Bay Boulevard, from
Medium Density Residential (MDR) to Medium High Density Residential (MDHR).
Ordinance 7994-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7994-08 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.
8.2. Adopt Ordinance 8007-08 on second reading, amending Chapter 22 to clarify definitions,
modify park hours and update the regulation of beaches, park property and the Courtney
Campbell Causeway.
Councilmember Cretekos moved to amend Section 22.49(b) to strike "balls and
Frisbees" and add, "additionally no balls or Frisbees shall be tossed within 50 feet of non-
participants." The motion was duly seconded.
Discussion ensued. Parks and Recreation Director Kevin Dunbar said multipurpose
athletic fields have designated areas for tossing balls. Mr. Dunbar expressed concerns
regarding enforcing the proposed amendment. It was noted police can use discretion re
enforcing this provision.
Upon the vote being taken, Councilmember Cretekos voted "Aye," and Councilmembers
Doran, Gibson, Petersen and Mayor Hibbard voted "Nay." Motion failed.
Ordinance 8007-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 8007-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Gibson, and Hibbard.
"Nays": Cretekos. Motion carried.
8.3. Adopt Ordinance 8016-08 on second reading, amending the Comprehensive Plan of the
city by amending the Capital Improvements Element, making corrections and modifications
pursuant to the updated schedule of the City of Clearwater's FY 2008/09 through 2013/14
Capital Improvement Program Budget adopted on September 18, 2008, and updating the
reference in Policy 32.7.6 to the School Districts Five-Year Work Program of FY 2008/09
through 2012/13 as adopted by the School Board on September 9, 2008.
Ordinance 8016-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 8016-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
Council 2008-11-18 5
"Nays": None. Motion carried.
City Manager Reports
9 - Other items on City Manager Reports
9.1. Reappoint Harvey Huber to the Board of Trustees, Clearwater Police Supplementary
Pension Fund
In keeping with the provisions of Florida Statute 185.05, which states in part ..."the
board of trustees shall consist of five members, two of whom, unless otherwise prohibited by
law, shall be legal residents of the municipality, who shall be appointed by the legislative body of
the municipality..." On October 16, 2006, Harvey Huber (2621 Brandywine Drive, Clearwater)
was appointed by the City Council to serve on the Board of Trustees of the Police
Supplementary Pension for a period of two years (November 1, 2006 to November 1, 2008).
The Board of Trustees of the Clearwater Police Supplementary Pension Fund recommends that
Harvey Huber be reappointed to serve a two-year term as trustee (term will expire on November
1, 2010). Mr. Huber has stated that he will accept re-appointment.
Councilmember Cretekos moved to reappoint Harvey Huber to the Board of Trustees,
Clearwater Police Supplementary Pension Fund. The motion was duly seconded and carried
unanimously.
9.2. Ratify and confirm change order 1 to R. Krueger Construction Company, Inc. of Oldsmar,
Florida for the "Clearwater Community Sailing Center Expansion Project" (07-0040-MA)
increasing the contract amount by $39,759.71 for a new contract total of $309,039.71,
approving a time extension of sixty (60) days and authorize the appropriate officials to execute
same.
This contract previously was approved by the City Council on March 20, 2008 for
$269,280. Change Order 1 transfers funds to cover additional work necessary to meet permit
requirements including adding a storage closet, ramp and fan bracing and product substitutions
on the joists and hangers. The change order will cover unforeseen field conditions as well, such
as relocation of existing electrical fixtures and exhaust vents, and palm tree removal. Owner
changes benefiting the project encompassed in this change order include replacement of two
doors and deadbolt upgrades. The time extension of 60 days is needed for the additional work
and lead-time for a change made late in the project timeline to the railing pickets. New contract
completion will extend from September 1, 2008 to October 31, 2008, from 120 to 180 days.
Councilmember Gibson moved to ratify and confirm change order 1 to R. Krueger
Construction Company, Inc. of Oldsmar, Florida for the "Clearwater Community Sailing Center
Expansion Project" (07-0040-MA) increasing the contract amount by $39,759.71 for a new
contract total of $309,039.71, approving a time extension of 60 days and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
Council 2008-11-18 6
9.3. Accept a perpetual twenty-five foot Drainage and Utility Easement over, under, across and
through a portion of the West 1/2 of the Southeast 1/4 of Section 21, Township 29 South, Rang
15 East, Pinellas County, Florida, conveyed by 1573, LLC, a Florida limited liability company,
aiven in consideration of receipt of $1.00 and the benefits to be derived therefrom.
1573, LLC ("Grantor") is completely remodeling an existing 5,860 square foot masonry
building at 1573 South Fort Harrison Avenue, removing a partial second floor and adding a full
new second floor. The completed redevelopment project will be an office and medical facility
known as the Center For Integrative Medicine. Development approval required conveyance of
the subject easement to the City to facilitate maintenance of existing public drainage facilities.
The subject Drainage and Utility Easement conveyed by the Grantor complies with
requirements of development approval and issuance of the project building permit.
Councilmember Petersen moved to accept a perpetual twenty-five foot Drainage and
Utility Easement over, under, across and through a portion of the West 1/2 of the Southeast 1/4
of Section 21, Township 29 South, Range 15 East, Pinellas County, Florida, conveyed by 1573,
LLC, a Florida limited liability company, given in consideration of receipt of $1.00 and the
benefits to be derived therefrom. The motion was duly seconded and carried unanimously.
9.4. Approve a Contract For Purchase of Real Property with Nailen Properties/GGG, LLP, for a
portion of Countryside Village Square Lot 2 containing 937.63 square-feet, more or less, in the
amount of $24,218.98 plus estimated transaction expenses not to exceed $750, and authorize
appropriate officials to execute same. toaether with all instruments reauired to effect closina.
Public Utilities Wastewater Maintenance refurbished Lift Station 50 located at 2537
Countryside Boulevard earlier this year at a total cost of $29,832.87. The lift station is located
on property owned by the seller and operated as a Kentucky Fried Chicken franchise. During
the refurbishment it was discovered the sanitary facility has been in operation at this location
since the 1970s without benefit of easement.
In May 2008 the City contacted the owner seeking a grant of easement to document
authority for the facility. In a June 18, 2008 letter, legal counsel for the owner advised that while
his client would not grant an easement, he would sell the 937.63 square-foot parcel the City
requires for the sum of $24,218.98. The purchase price is calculated at a prorated $25.83 per
square-foot of the entire parcel's 2007 assessed value of $619,000 ($620,000 in 2008). The
transaction is anticipated to close within 30 days following execution by City officials. Closing
expenses including title insurance, documentary stamps and closing fees are estimated not to
exceed $750 and are to be paid by the City.
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to
reimburse certain Water and Sewer Utility project costs incurred with future tax-exempt
financing. The projects identified with 2009 revenue bonds as a funding source were included
in the project list associated with Resolution 07-28.
Councilmember Cretekos moved to approve a Contract For Purchase of Real Property
with Nailen Properties/GGG, LLP, for a portion of Countryside Village Square Lot 2 containing
937.63 square-feet, more or less, in the amount of $24,218.98 plus estimated transaction
expenses not to exceed $750, and authorize appropriate officials to execute same, together with
Council 2008-11-18 7
all instruments required to effect closing. The motion was duly seconded and carried
unanimously.
9.5. Approve two Supplemental Engineering Work Orders to Tampa Bay Engineering Group,
Inc., (EOR) of Clearwater, Florida, for additional engineering design services for the relocation
of existing potable water, reclaimed water and sanitary sewer facilities impacted by the Florida
Department of Transportation's SR 55 (US 19) from Whitney Road to south of Seville Boulevard
project in the amount of $36,630, for a new value of $167,625, and SR 55 (US 19) from south of
Seville Boulevard to north of SR 60 project in the amount of $31,025, for a new value of
$198,480, and that the appropriate officials execute same.
The Florida Department of Transportation (FDOT) is currently in the process of
designing roadway improvements of SR 55 (US19) from Whitney Road to south of Seville
Boulevard and also SR 55 (US19) from south of Seville Boulevard to north of SR 60.
Improvements will include overpasses at Belleair Road and Seville Boulevard, frontage roads
and drainage improvements. These roadway improvement projects will necessitate the
relocation or adjustment of the City's water, reclaimed water and sanitary sewer mains, and
appurtenances within the project limits.
To date, there have been several revisions to the FDOT plans, including drainage
revisions, incorporation of other FDOT projects, addition of sound walls, addition of Belleair
Road west of US 19, the proposed relocation of the City of St. Petersburg's 48-inch water
transmission main requiring additional project meetings and coordination with FDOT, which
have subsequently increased the initial scope of Engineering Design Services required. On
August 12, 2005, the City Manager approved an Initial Work Order in the amount of $95,150 for
SR 55 (US19) from Whitney Road to south of Seville Boulevard. On July 19,2007, City Council
approved Supplemental Work Order 1 in the amount of 35,845 for a total value of $130,995.
Supplemental Work Order 2 in the amount of $36,630 requires City Council approval for a total
value of $167,625 for additional engineering design services.
On September 1, 2005, the City Council approved an Initial Work Order in the amount of
$134,410 for SR 55 (US19) from south of Seville Boulevard to north of SR 60. On July 19,
2007, the City Council approved Supplemental Work Order 1 in the amount of $33,045 for a
total value of $167,455. Supplemental Work Order 2 in the amount of $31,025 requires City
Council approval for total value of $198,480 for additional engineering design services.
The funding breakdown for these projects: 1) US19 from Whitney to South of Seville -
Water - $30,105; 2) US19 from Whitney to south of Seville - Reclaimed - $6,525; 3) US19 from
south of Seville to north of SR60 - Water - $25,775; 4) US19 from south of Seville to north of
SR60 - Sewer - $5,250.
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to
reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing.
The projects identified with 2009 revenue bonds as a funding source were included in the
project list associated with Resolution 07-28.
Councilmember Gibson moved to approve two Supplemental Engineering Work Orders
to Tampa Bay Engineering Group, Inc., (EOR) of Clearwater, Florida, for additional engineering
design services for the relocation of existing potable water, reclaimed water and sanitary sewer
Council 2008-11-18 8
facilities impacted by the Florida Department of Transportation's SR 55 (US 19) from Whitney
Road to south of Seville Boulevard project in the amount of $36,630, for a new value of
$167,625, and SR 55 (US 19) from south of Seville Boulevard to north of SR 60 project in the
amount of $31,025, for a new value of $198,480, and that the appropriate officials execute
same. The motion was duly seconded and carried unanimously.
9.6. Accept a perpetual 294.46 square-foot landscaping and utilities easement over, under,
across and upon a portion of Lot 2, CLEARWATER TOWER, 33 North Garden Avenue,
conveyed by Wilder Corporation of Delaware in consideration of receipt of $1.00 and the
benefits to be derived therefrom.
On June 25, 2006, the Wilder Corporation of Delaware ("Grantor") conveyed a 2749.46
square-foot Landscaping and Utilities Easement to the City over and across a portion of the
Clearwater Two office tower at 33 North Garden Avenue. The easement was given to the City
for the purposes of extending and tying in the Station Square Park architectural palette right to
the tower structure contiguous to the park. The easement was conveyed prior to completion
and approval of 100% project plans. Final 100% plans identified the additional area as being
desirable for extending pavers into the area and installation of a 6-foot aluminum double swing
gate to restrict pass-through pedestrian traffic between the park and the remaining office tower
property. The subject easement extends City authority to maintain and replace park
improvements into the additional space conveyed. As with the initial conveyance, the rights are
perpetual and will run with the land except in the event the City would ever discontinue use of
Station Square Park, or transfer ownership of the park, in which instances the easement would
terminate.
Councilmember Petersen moved to accept a perpetual 294.46 square-foot landscaping
and utilities easement over, under, across and upon a portion of Lot 2, CLEARWATER TOWER,
33 North Garden Avenue, conveyed by Wilder Corporation of Delaware in consideration of
receipt of $1.00 and the benefits to be derived therefrom. The motion was duly seconded and
carried unanimously.
9.7. Deny request from Arnold Brown Properties for the City to release grantor's right to
repurchase parking lot on the south side of Drew Street between S. Osceola and N. Fort
Harrison Avenues and authorize staff to repurchase the property in accordance with the contract
in the amount of $202,000, plus closing costs estimated at $3,000 to be purchased from 0315-
92647-560100-545-000-0000, Arnold Brown Property, to be funded from unreserved retained
earninas in the Parkina Fund and authorize the appropriate officials to execute same.
In 2003, Arnold Brown Properties requested that the City of Clearwater declare surplus
and offer for sale the two parking lots abutting property owned or controlled by Arnold Brown.
The parking lots are 54.30 x 344 feet in length, fronting on the south side of Drew Street
between S. Osceola and N. Fort Harrison avenues. The westerly parcel was leased to Arnold
Brown Properties from 1985 to 2002. The easterly portion was operated as a metered surface
parking lot for most of that time. Arnold Brown Properties requested that the City declare the
property surplus to allow them to purchase and assemble the property for redevelopment.
In January 2003, the City declared the property surplus and offered it for sale for a
minimum bid of $187,000. The Declaration of Surplus contained conditions. It required the
successful bidder to commit to initiating construction of a redevelopment project with a FAR
Council 2008-11-18 9
(Floor Area Ratio) of not less than 3.0 and not less than 216,000 square-feet MOL within five
years of purchase. The invitation for bid was issued on February 3, 2003. Arnold Brown
Properties submitted the only bid meeting the requirements of the invitation for bid. Council
approved the contract with the requirement that the City would have the right to require Arnold
Brown to reconvey the property if they failed to pull a foundation permit for one or more
buildings with a FAR of not less than 3.0 for a residential retail, office, or hotel use. The City's
right to repurchase was for the amount of the purchase price of $202,000, subject to normal
corporations. The agreement also provided that the grantee could request, at any time, a
release of the City's right to repurchase. The City has 60 days after receipt of the written
request to either release its right to repurchase or, if Arnold Brown has failed to meet the
development conditions, the City may exercise the right to repurchase.
In September 2008, Arnold Brown Properties has requested in writing that the City
release its right to repurchase this property. City staff has reviewed the request and
recommends denying the request and that the City repurchase the property. The property was
originally sold to the Developer for redevelopment purposes and the Developer has not
performed according to the conditions outlined in the purchase agreement. Therefore, it is
prudent for the City to repurchase the parcel, as the site is a key redevelopment parcel for the
Downtown as part of a larger assembly of land. The City's ownership of the parcel provides
leverage for the City in any future redevelopment scenario that benefits the City and furthers its
goals.
Mayor Hibbard recused himself due to business relationship with the applicant.
In response to questions, Engineering Director Mike Quillen said the library had leased
the space for overflow and staff parking up until October 1, 2008. The parcel could provide 32
parking spaces. Economic Development and Housing Director Geri Campos Lopez said the
parcel is part of the super block on Osceola Avenue and critical to the redevelopment of
downtown.
Lee Arnold, applicant, said the 54 ft. remnant has been under contract for more than five
years and critical to the assemblage needed to bring a significant hotel project. Space has been
donated in the past as temporary parking for special events.
Councilmember Petersen moved to deny staff's recommendation on Item 9.7. The
motion was duly seconded. Councilmembers Petersen, Doran, Cretekos and Gibson voted
"Aye," and Mayor Hibbard abstained. Motion carried.
9.8. Approve Standard Agreement Form to be used with the various Senior Adult Co-Sponsor
Groups and the City of Clearwater and authorize the City Manager and/or his designee to
approve such agreements.
In February 2002, the City Council approved a similar agreement for all Co-Sponsored
Groups including senior adults and youth. Since then, staff has seen a need to create a
separation between the Senior Adult and Youth Co-Sponsor Agreements thus the request for a
new Senior Adult Standardized Form. The Senior Adult Co-Sponsor Groups provide a valuable
service to the community, through their extensive use of volunteers and volunteer resources.
The City owns certain public properties and facilities that are available to be utilized by the
Senior Adult Co-Sponsor Groups for their programs. The proposed agreement clarifies the
Council 2008-11-18 10
roles between the City and the Senior Adult Co-Sponsor Groups and provides added protection
for the citizens and Clearwater by placing clear expectations on the Senior Adult Co-Sponsor
Groups. Part of the Agreement has a requirement that the Co-Sponsor Groups will provide
manpower to support City events and programs not associated with their activities.
Staff is recommending that the City Manager or his designee be authorized to enter into
these agreements similar to all Rental Agreements, Youth Co-Sponsor Agreements and Park
Use Agreements. Currently, the agreement will be with the 3-Score Club. The 3-Score Club is
a group of 60 years plus men that play softball at the E. C. Moore Complex. Last year they
provided over 2,500 volunteer hours to City events. The Lawnbowling Club, Clearwater
Horseshoe Club and Clearwater Shuffleboard Club will be covered by separate agreements
since they maintain buildings and facilities for the City and the expectations for those groups is
higher.
In response to questions, Parks and Recreation Director Kevin Dunbar said agreements
will include a fee structure and volunteer time requirements. Examples of volunteer activities
include parking lot monitors, greeters and ushers.
It was requested that requirement for a Play Pass card be omitted.
Councilmember Cretekos moved to continue Item 9.8 to December 4, 2008. The
motion was duly seconded and carried unanimously.
9.9. Approve a contract with the Pinellas County School Board (PCSB) to purchase real
property identified as Pinellas County Parcel 32-28-16-00000-410-0100 containing 27 acres
more or less, more commonly known as "Lake Chautauqua Equestrian and Nature Preserve",
for $3,645,000 plus estimated closing expenses not to exceed $50,000, for a total cost not to
exceed $3,695,000, approve funding the City portion of $2,217,000 from Recreation Facility
Land Impact Fees ($1,206,100) and Open Space Impact Fees ($1,010,900) to be transferred at
first quarter to CIP 315-93601, and authorize appropriate officials to execute same, together
with all other instruments reauired to effect closina.
On December 20, 2007, the City Council approved a Florida Communities Trust (FCT)
project grant agreement for the acquisition of properties creating the Lake Chautauqua
Equestrian and Nature Preserve, in the amount of $4,800,000, between the State of Florida
Department of Community Affairs and the City of Clearwater and authorized the appropriate
officials to execute same. The project includes this parcel as well as an additional contiguous
parcel which the City continues to work to secure. This purchase will provide additional
invaluable open space and parklands for the citizens of Clearwater and Pinellas County. This
acquisition together with Lake Chautauqua Park (40 acres), and DD Davis Park (5 acres) will
provide for a regional park of over 72 acres.
The subject property was valued at $3,465,000 in an appraisal performed by Fogarty &
Finch, Inc. on July 25, 2008, and valued at $3,825,000 by James M. Millspaugh & Associates as
of July 28, 2008. The proposed purchase price of $3,645,000 is well within the appraised value
of the property. The purchase is based on a contingency that the City is successful in vacating
a County right-of-way on the North side of the property and developing a perpetual easement on
the North side of Boy Scout property, which will then provide public access to Lake Chautauqua
which is a requirement of the grant. In exchange for the perpetual easement from the BSA, the
Council 2008-11-18 11
City will grant BSA a perpetual easement on City property located at the entrance to Camp
Soule on the East side of Soule Road for existing encroachments to their property. Also the
final purchase is based on the City receiving an approved management plan from the FCT.
Funding for the purchase of the property is a 60/40 City match and is provided in the
following manner: Florida Community Trust Grant - $1,478,000, City of Clearwater - Open
Space Impact Fees - $1,010,900, City of Clearwater- Recreation Facility Land Impact Fees - $
1,206,100, TOTAL $3,695,000. PCSB will consider this item at the first board meeting in
December, after a decision has been made by the City. In addition to passive park activities like
picnicking, nature walks, hiking, bird watching etc., there also will be a small nature education
center and equestrian trails. Development of the property will occur in phases as determined in
the management plan. Volunteer groups will accomplish most of the work associated with the
development. No increase in operating budget or FTEs is anticipated since the property will be
left primarily in its natural state and will simply be connected to an existing developed park site.
Councilmember Doran moved to approve a contract with the Pinellas County School
Board (PCSB) to purchase real property identified as Pinellas County Parcel 32-28-16-00000-
410-0100 containing 27 acres more or less, more commonly known as "Lake Chautauqua
Equestrian and Nature Preserve," for $3,645,000 plus estimated closing expenses not to
exceed $50,000, for a total cost not to exceed $3,695,000, approve funding the City portion of
$2,217,000 from Recreation Facility Land Impact Fees ($1,206,100) and Open Space Impact
Fees ($1,010,900) to be transferred at first quarter to CIP 315-93601, and authorize appropriate
officials to execute same, together with all other instruments required to effect closing. The
motion was duly seconded and carried unanimously.
9.10. Approve agreement with Matrix C G, Inc d/b/a Matrix Consulting Group, Ltd in the amount
of $107,000 to perform efficiency review of Clearwater Police Department, in accordance with
Code Section 2.564(d), other governmental bid (City of St. Petersburg RFP 6474, Request for
Proposal for Consulting Services, Management Evaluation of Police Department issued July 17,
2006) and authorize the appropriate officials to execute same.
Fiscal conditions have led the City of Clearwater to consider efficiency reviews to
reexamine spending and operations. The reviews are intended to help the City determine
priority customer service areas and ways to improve efficiency and reduce costs. In completing
an efficiency review, the City has two primary goals: 1) lowering spending and saving money in
the short term and 2) improving performance and yielding additional savings in the long term.
Purpose and Scope of Police Efficiency Review: When reviewing the Clearwater Police
Department, the key focus shall be to determine and review core services, what functions need
to be performed, are they being performed department-wide or Citywide as efficiently as
possible, and then identify budget limits and performance targets for each core service. This
short-term review can clarify greater changes that can be made within the department or one of
its processes to improve efficiency in the long-term. Options include maintaining a program,
restructuring or cutting back a program, outsourcing a program, or eliminating the program
altogether. When focusing on ways to improve departmental efficiency, the key focus should be
to first determine the most effective organizational structure to deliver core services and then
secondly, develop effective performance measures.
Council 2008-11-18 12
Scope of Work: A) Evaluate Existing Conditions: 1) Identify existing public perception of
staffing, response times, community policing, and community responsiveness to safety/
emergency needs and 2) Conduct pertinent interviews/surveys, i.e., City Council, City Manager,
Police Department Management, collective bargaining unit representatives, sergeants/
lieutenants, officers, and other City departments: B) Management/Administration Staffing
Levels: 1) Review organizational chart and appraise responsibilities assigned to the Chief,
Deputy Chiefs, and Captains and the span of control for each; 2) Evaluate responsibilities,
special assignments, and workload of department sworn and non-sworn administrative staff; 3)
Assess management's problem identification, long-term planning, and organizational
development strategies; 4) Provide observations and recommendations regarding command
structure; 5) Review of succession planning to senior management positions; and 6) Evaluate
communication and interaction with officers, detectives, union representatives, command, and
other management staff: C) Officer/Investigation Staffing Levels: 1) Review existing facilities/
substations including Main and staffing assignments by facility/substation to identify possible
efficiencies, cost reductions, and overall necessity of substations; 2) Evaluate adequacy of
current patrol and command deployment proportional to workloads, call frequency, response
times by priority level, types and amount of officer-initiated activity, and percentage of
uncommitted time per shift; and 3) Assess investigation case policies, tracking system, detective
caseload and status by type, levels of case coordination with patrol and neighboring law
enforcement agencies: D) Operations, Support Services, and Communications Systems: 1)
Criminal Investigation Supervision & Units - Violent Crime, Burglary/Theft, Juvenile, Crime
Analyst, Intelligence, Economic Crimes, & Vice/Narcotics; 2) Patrol Supervision & Units -
District I, II, & III, Traffic Enforcement, K-9, Crime Prevention; 3) Support Services Supervision &
Units - Records, Differential Police Response, Computer Operations, General Operations,
Property Unit, Planning & Fiscal; 4) Communications Supervision and Dispatch: a) Appraise
adequacy of staffing and workload of each function/unit; b) Assess technology systems,
equipment, and staff use/capability; c) Evaluate communication and interaction with other shift
staff, officers, detectives, and command and management staff; and d) Evaluate current system
of records retention and storage and future storage capacity: 5) Identify opportunities and
recommendations for internal consolidation of functions and services that can result in
efficiencies; and 6) Identify opportunities and recommendations for outsourcing functions and
services: E) Benchmarking Data Analysis; 1) Obtain and analyze comparable benchmarking
data (i.e., sworn staff per 1,000, response times, clearance rate, arrests per 1,000) for like-sized
police departments and communities.
Police Chief Sid Klein expressed concerns regarding the commencement date.
Currently, the police department is undergoing organizational changes that will be implemented
January 2, 2009. He requested that the commencement date be changed from November 20,
2008 to January 3, 2009.
Councilmember Cretekos moved to approve agreement with Matrix C G, Inc d/b/a Matrix
Consulting Group, Ltd in the amount of $107,000 to perform efficiency review of Clearwater
Police Department, in accordance with Code Section 2.564(d), other governmental bid (City of
St. Petersburg RFP 6474, Request for Proposal for Consulting Services, Management
Evaluation of Police Department issued July 17, 2006), amend commencement date to January
3, 2009 and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
Council 2008-11-18 13
9.11. Approve the 2009 State Legislative Package
The 2009 State Legislative Package includes supporting: continued funding for
programs that benefit municipalities statewide such as Florida Recreation Development
Assistance Program (FRDAP) and Brownfields Cleanup; full funding of the housing trust funds
under the Sadowski Act and State Aid to Libraries. Also included in the 2009 package is a local
bill that removes the reverter from the beach Marina property in order to facilitate future
redevelopment of that site. The City, along with the Florida League of Cities, continues to
oppose unfunded mandates and intrusions to municipal home rule authority.
Councilmember Doran moved to approve the 2009 State Legislative Package. The
motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
10 - City Manager Verbal Reports
10.1. Pension Investment Discussion
Finance Director Margie Simmons reviewed the estimated City contribution requirements
to the Pension Plan for Fiscal Year 2010. As the economic conditions continue to worsen, the
value of our pension investments have fallen dramatically. The Plan has built up a $14 million
credit balance from excess contributions made over the last several years that can be used to
reduce the required contribution and marginally offset any drastic increase in contribution
requirements.
10.2. MOT for Ft. Harrison requested by Church of Scientology
Engineering Director Mike Quillen said the Church of Scientology wants to speed up the
east facade work on the Ft. Harrison Hotel. The request entails taking the south-bound lanes
and half of center lane for equipment and renting parking spaces on east side to maintain traffic
lanes. The closure will be between Pierce and Franklin Streets from 9:00 a.m. to 4:00 p.m. on
weekdays and full access on weekends. Staff's concern is there will be traffic delays and no left
turns onto Pierce Street.
In response to questions, Eric Easterly, Project Manager, said the closure would last a
total of six weeks, allowing the project to be finished and work re-commence on the power
building more quickly.
Discussion ensued. Concerns re Court Street being under construction and there being
no benefit to the public were expressed. Consensus to not support request.
11 - Council Discussion Items
11.1. City Manager and City Attorney Salary Comparison
Council 2008-11-18 14
Consensus to honor City Manager and City Attorney request for no salary increases this
year.
12 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events, thanked Iron man organizers and volunteers for their efforts and wished all a
safe and happy Thanksgiving holiday.
Council member Doran reviewed new traffic pattern on Court Street and Ft. Harrison
Avenue.
Mayor Hibbard wished Council member Gibson a belated Happy Birthday.
13 - Adjourn
The meeting adjourned at 10:30 p.m.
~)<~
Mayor
City of Clearwater
Attest:
~ 2.
Council 2008-11-18
15
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE
Hibbard, Frank V. Clearwater Cit-v r. . 1
MAILING ADDRESS THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
308 Druid Road W. WHICH I SERVE IS A UNIT OF:
COUNTY MCITY o COUNTY o OTHER lOCAL AGENCY
CITY
Clearwater, FL Pinellas NAME OF POLITICAL SUBDIVISION:
". .<: ".
DATE ON WHICH VOTE OCCURRED MY POsiTION IS:
November 18, 2008 o ELECTIVE o APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity. '
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Frank V. Hibbard
, hereby disclose that on November 18
2008 ,
'-'
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
v'. inured to the special gain or loss Of~ d
Brow'''-
PI~O Deff, ~ J
I
, by
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,which
#9.7 Deny request from Arnold Brown Properties for the City of Clearwater to
release grantor's right to repurchase parking lot on the south side of
Drew Street between S. Osceola and N. Fort Harrison Avenues.
Business relationship with applicant.
Date Filed
lill i 108
f
~/I~/
S~ture (
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000
PAGE 2