12/12/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
December 12, 2006
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
William C. Jonson Councilmember
John Doran Councilmember
J.B. Johnson Councilmember
Also present: William B. Horne II City Manager
Garry Brumback 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 1:30 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order
Presentations
Service Awards
Seven service awards were presented to City employees.
Boat Slips Focus Groups/FIOG Presentation
Florida Institute of Government representative Dr. Susan Schuler reviewed findings of
the boat slips focus groups. It was agreed to refer to “side tie moorings” instead of “mooring.”
Fees and the process for reserving a slip will be addressed at a future meeting.
AMWA Gold Award
Homeless Emergency Project (HEP) award to the City of Clearwater for the United Way Day of
Caring
HEP Executive Director Barbara Green presented the City with an award for its
involvement with Day of Caring.
The Council recessed from 2:18 p.m. to 3:40 p.m. to meet as the Community
Redevelopment Agency and the Pension Trustees.
Planning
CONTINUE the approval of a Future Land Use Plan Amendment from the Institutional (I)
Category to the Residential Medium (RM) Category and a Zoning Atlas Amendment from the
Institutional (I) District to the Medium Density Residential (MDR) District Category for property
located at 1980 Kings Highway (consisting of a portion of Lot 9, E.A. Marshall Subdivision; and
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Pass Ordinances #7729-07 & #7730-07 on first reading; to the City Council Meeting Date of
January 31, 2007.
Assistant Planning Director Gina Clayton requested the item be continued to January 18,
2007.
Official Records and Legislative Services
Appoint a Councilmember to fill the remainder of Hoyt Hamilton’s term on the Pension Advisory
Committee until April 4, 2008, recommend a Councilmember to the County for appointment to
the Tourist Development Council and appoint a Councilmember to the Barrier Island
Governmental Council (Big C).
Consensus was to appoint Councilmember Johnson to the Pension Advisory Committee,
recommend Councilmember Petersen to the Tourist Development Council, and appoint
Councilmember Doran to the Big C.
Reappoint Councilmember Carlen Petersen as the Council representative and C.E. Snedeker
as the Local Business Community Representative with terms expiring on December 31,
2010;appoint one youth member with the term expiring on December 31, 2010.
Consensus was to reappoint Councilmember Petersen as the Council representative
and C.E. Snedeker as the Local Business Community Representative and appoint Nicole
Scholet as the youth member to the Sister Cities Advisory Board.
Appoint one member to the Community Development Board with the term expiring on February
28, 2007.
Consensus was to appoint Frank Dame to the Community Development Board with the
term expiring on February 28, 2007.
Legal
Approve an agreement with Sandpearl Resort, LLC providing for the construction and operation
of shared boat dock facilities pursuant to the Development Agreement that was approved on
January 26, 2005, and authorize appropriate officials to execute same. (Consent)
The City of Clearwater and Developer have entered into a Development Agreement for
Property in the City of Clearwater dated January 26, 2005. Section 5.03.10 of the Development
Agreement provides for the City and Developer to enter into an agreement providing for the
construction of shared boat docking facilities within a boat basin adjoining City owned upland
property.
The Boat Docking Facilities are contemplated to include a central pier, finger piers and
associated pilings, which will accommodate a maximum of 54 boat slips. The Developer and its
designated successors and assigns shall have the right to utilize exclusively 33 of the Boat Slips
which are identified on the Site Plan and the finger piers containing the Developer Slips.
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The City shall have the right to control the use of the central pier, the 21 remaining Boat
Slips and the finger piers containing the City Slips. The City shall have the right to utilize the City
Slips during the term of this Agreement for day docking or for any other purpose. Boats shall not
be permitted to occupy the City Slips during the period each night between midnight and 5:00
a.m., except in an emergency or as authorized by the City Harbor Master. The foregoing
restriction on overnight use of the City Slips shall not be applicable to a fireboat or other boats
operated by the City or other municipal or governmental entities for public purposes.
The Developer shall have the right to install gates or other access control improvements
on the finger piers containing the Developer Slips and the right to install boat lifts in the
Developer Slips. The Developer shall have the right, at its expense, to install water and electric
lines serving the Developer Slips and the City shall cooperate as to extension and connection of
such utilities. All utilities provided to the Developer Boat Slips shall be separately metered and
Developer shall pay all utility connection and usage charges. Developer shall also provide
lighting for the Boat Docking Facilities and pay all electric expenses as to such lighting. Utilities
shall not be provided by Developer to the City Slips, provided, that at the request of the City,
utilities (water and electric) shall be provided to City Slips to be used by Governmental Vessels
and City shall reimburse Developer for additional expenses incurred by Developer as to such
utilities. The Developer shall provide and pay for all maintenance and repair costs for the Boat
Docking Facilities. Developer shall also provide, at its expense, for all required trash removal
from the Boat Docking Facilities. All normal operating expenses incurred by Developer as to the
Boat Docking Facilities including maintenance, repairs, insurance premiums and cost of trash
removal excluding utilities provided to Developer Slips are collectively referred to as the
Common Expenses. Developer shall comply with minimum maintenance standards as provided
in the agreement. Use of the Developer Boat Slips shall be limited to owners, tenants and
guests (including Beach Club members) of the Project and other owners and tenants that own
or lease residences within the geographical area bordered on the West by the Gulf of Mexico,
on the East by Clearwater Bay, on the North by Rockaway Street and on the South by Papaya
Street.
Any sublease or assignment by Developer of rights to utilize Developer Boat Slips shall
be limited to such owners, tenants and guests and all subleases or assignments shall expressly
prohibit parking on the City Property during use of the Developer Boat Slips. During the term of
this Agreement, Developer shall provide a shuttle service to the Boat Docking Facilities from the
Project. Developer shall also provide at the Project an employee assigned to respond to
problems at the Boat Docking Facilities on a 24 hour/ 7 day per week basis. Neither the City nor
Developer shall have any obligation to provide on-site security at the Boat Docking Facilities.
The Developer shall pay City as rental for the Leased Premises, annual rental in the
initial amount of $5,435.83 commencing on the date that the Boat Docking Facilities are
completed and authorized for occupancy by the City (“Lease Commencement Date”). City shall
pay to the Developer its proportionate share of Common Expenses relating to the Boat Docking
Facilities based on a percentage determined by dividing the number of City Slips by the total
number of Boat Slips in the Boat Docking Facilities. Developer shall invoice the City annually at
the end of each lease year for City’s Share of Common Expenses, such invoice to include an
itemized statement of Common Expenses. Notwithstanding the foregoing, in no event shall
City’s Share of Common Expenses for any lease year exceed the amount of annual rental due
from Developer to City. Developer shall bear the full amount of City’s Share of Common
Expenses in excess of the annual rental amount due to City.
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In response to questions, Marine and Aviation Director Bill Morris said the Marine
Advisory Board (MAB) felt the City should receive more boat slips; the board has not reviewed
any financial data. It was suggested the MAB review the proposed agreement and financial
data at their meeting tomorrow.
Discussion ensued. Mr. Morris reviewed the layout of the proposed boat slips and the
materials to be used for pilings and decking. Finance Director Margie Simmons said the
developer will be required to maintain the slips and present the City with an annual report
itemizing the lease revenue and expenditures.
Attorney Client Session – Franco v City
The City Attorney requested an Attorney Client Session in the case of Franco v City.
Consensus was to schedule for January 18, 2007 at 5:00 p.m.
City Manager Verbal Reports
School Board Bus Farm/Land Swap with Clearwater and Safety Harbor Neighborhood
Opposition
Parks and Recreation Director Kevin Dunbar reviewed area under consideration and
said that Pinellas County School Board is still analyzing possibility to swap land with the City for
a school bus depot. No determination has been made whether to pursue.
Council Discussion Items
Retention of tapes - Jonson
Item continued to a date uncertain.
Other Council Action
Adjourn
The meeting adjourned at 5:54 p.m.
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