09/01/2011 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
September 1, 2011
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation- Vice Mayor George N. Cretekos
3. Pledge of Allegiance — Mayor Frank Hibbard
4. Presentations — Given.
4.1 9/11 Remembrance Proclamation — Clearwater Fire Chief Robert Weiss and
Clearwater Police Deputy Chief Sandra Wilson
4.2 Sickle Cell Awareness Month Proclamation —Anthony Hinson, Sickle Cell
Disease Association of Upper Pinellas/Pasco/Hernando Counties, Outreach
Coordinator
4.3 No item
5. Approval of Minutes
5.1 Approve the minutes of the August 18, 2011 City Council Meeting as submitted
in written summation by the City Clerk.
Council 2011-09-01 1
Councilmember Bill Jonson moved to approve the minutes of the August 18, 2011 City
Council Meeting as submitted by the City Clerk. 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 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8270-11 on second reading, annexing certain real property
whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El
Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746
Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn
Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741,
1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive
East, within Diane Heights Replat Subdivision; all right of way of Morningside
Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision;
all right of way of Marilyn Drive abutting Lots 2 through 6, Block K all right of
way of Skvland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all
right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and
Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11,
Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace
First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7,
Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace
Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in
Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through
30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove
Drive abutting Lot 27, Block Z and abutting Lot 6 through Lot 8, Block 4; and
abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of
way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace
First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting
Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove
Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through
18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all
right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia
Grove Terrace Second Addition; into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 8270-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to adopt Ordinance 8270-11 on second reading and final reading. The
motion was duly seconded and upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Council 2011-09-01 2
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.2 Adopt Ordinance 8271-11 on second reading amending the future land use
element of the Comprehensive plan of the city to designate the land use for
certain real property whose post office addresses are 1842 and 1849 Diane
Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans
Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas
Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738
Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with
all right of way of El Trinidad Drive East, within Diane Heights Replat
Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad
Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting
Lots 2 through 6, Block K all right of way of Skvland Drive abutting Lot 3 through
the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3,
Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of
Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and
Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive
East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block
1; all right of way of Terrace Drive (previously known as El Trinidad Drive North)
abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive
abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition;
all right of way of Grove Drive abutting Lot 27, Block Z and abutting Lot 6
through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12
through 15, Block 4; all right of way of Terrace Drive as shown on the
Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas
Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4
through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of
Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27,
Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive,
abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition;
upon annexation into the City of Clearwater, as Residential Low (RL) and
Drainage Feature Overlay.
Ordinance 8271-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8271-11 on second reading and final reading. The motion
was duly seconded and upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Council 2011-09-01 3
"Nays": None.
7.3 Adopt Ordinance 8272-11 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office addresses are 1842 and
1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741
Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746
Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738
Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with
all right of way of El Trinidad Drive East, within Diane Heights Replat
Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad
Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting
Lots 2 through 6, Block K all right of way of Skvland Drive abutting Lot 3 through
the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3,
Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of
Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and
Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive
East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block
1; all right of way of Terrace Drive (previously known as El Trinidad Drive North)
abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive
abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition;
all right of way of Grove Drive abutting Lot 27, Block Z and abutting Lot 6
through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12
through 15, Block 4; all right of way of Terrace Drive as shown on the
Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas
Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4
through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of
Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27,
Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive,
abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition;
upon annexation into the City of Clearwater, as Low Medium Density Residential
L( MDR).
Ordinance 8272-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8272-11 on second reading and final reading. The motion
was duly seconded and upon roll call, the vote was-
'Ayes . Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.4 Adopt Ordinance 8273-11 on second reading, amending provisions of the
Chapter 30, Traffic and Motor Vehicles, Clearwater Code of Ordinances, to
Council 2011-09-01 4
eliminate a provision allowing the recovery for administrative costs as part of the
City's parking ticket dismissal program.
Ordinance 8273-11 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8273-11 on second reading and final reading. The motion
was duly seconded and upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.5 Adopt Ordinance 8275-11 on second reading, amending Sections 8.08, 15.07(3),
21.06, and 22.39, Clearwater Code of Ordinances, to eliminate any regulations
pertaining to firearms that would be contrary to Section 790.33, Florida Statutes
(2011).
Ordinance 8275-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to adopt Ordinance 8275-11 on second reading and final reading. The
motion was duly seconded and upon roll call, the vote was-
'Ayes . Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.6 Adopt Ordinance 8280-11 on second reading, vacating the 3-foot Utility
Easement lying adjacent to and south of the north property line of the West of
Lot 26 and all of Lot 27, Carolina Terrace Annex as recorded in Plat Book 12,
Page 30, of the public records of Pinellas County, Florida.
Ordinance 8280-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8280-11 on second reading and final reading. The motion
was duly seconded and upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
8. Consent Agenda
Council 2011-09-01 5
8.1 Approve an agreement with Intuition Systems, Inc., DBA Bi112Pay, of Clearwater,
FL in the amount of$216,500.00 for lock box services for the City of Clearwater,
from October 1, 2011 through September 30, 2016, and authorize the
appropriate officials to execute same. (consent)
8.2 Approve an agreement with Northeast 11, Inc., DBA TC Delivers, of Tampa, FL in
the amount of$470,000.00 for utility bill printing and mailing, mail processing
services and postage for the City of Clearwater from November 1, 2011 through
October 31, 2012 and authorize the appropriate officials to execute same.
consent
8.3 Approve an Interlocal Agreement between the City of Clearwater (City) and the
Community Redevelopment Agency of the City of Clearwater, Florida (Agency)
that outlines responsibilities for the environmental cleanup of the CarPro site and
authorize the appropriate officials to execute same. (consent)
8.4 Approve an Agreement between the City of Clearwater and the Clearwater
Regional Chamber of Commerce (CRCC) to produce and distribute the Official
Clearwater, Florida Visitor Guide in Fiscal Year 2011-2012 in return for funding
in the amount of$26,000 and authorize the appropriate officials to execute
same. (consent)
8.5 Approve the extension of Fire Protection Services Agreement between Pinellas
County Fire Protection Authority and City of Clearwater for one year until
September 30, 2012 and authorize the appropriate officials to execute same.
consent
8.6 Approve a five (5) year agreement with both the Boys and Girls Clubs of the
Suncoast, Inc. (BGC) and the Martin Luther King Jr. Neighborhood Family
Center, Inc. (MLKNFC) and the City from October 1, 2011 to September 30,
2016 to provide recreational, educational and social programming for the North
Greenwood Community at the North Greenwood Recreation and Aquatics
Complex and North Greenwood Library and authorize the appropriate officials to
execute same. (consent)
8.7 Approve the Amendment to the Revocable License Agreement between the City
of Clearwater, Florida and Sunsets at Pier 60 Society, Inc. (Sunsets) to establish
a more clearly defined License Area and to strengthen and clarify language in
regard to Sunsets being responsible for vendor and performer selection and
authorize the appropriate officials to execute same. (consent)
8.8 Approve a Third Amendment to the Agreement between the City and The
Council 2011-09-01 6
Winning Inning, Inc., for the use and operation of the Jack Russell Memorial
Stadium and Complex for an additional five (5) years from February 1, 2012
through January 31, 2017 and authorize the appropriate officials to execute
same. (consent)
8.9 Approve an Interlocal Agreement in the amount of$145,796.57 with the
Community Redevelopment Agency (CRA), authorize continuation of two full-
time equivalent positions to provide Community Police Officers for the East
Gateway area of the CRA, and authorize the appropriate officials to execute
same. (consent)
8.10 Approve the renewal of a Software Support Agreement for the TriTech System,
in the amount of$159,189.12, for a 12-month period, beginning October 1, 2011
and ending September 30, 2012. (consent)
8.11 Award a contract (Purchase Order) to Angelos Recycled Materials in the amount
of$430,000 for the disposal of solid waste at their site for the period October 1,
2011 through September 30, 2012 as provided in the Clearwater Code of
Ordinances, Section 2.561 and authorize the appropriate officials to execute the
same. (consent)
8.12 Award a contract (Purchase Order) to Pinellas County Solid Waste for an
operating expenditure of$4,000,000 for the disposal of solid waste at the
Pinellas County waste-to-energy plant/landfill, October 1, 2011 through
September 30, 2012, as provided in the citys Code of Ordinances, Section 2.564
(1) (d), Services provided by Other Governmental Entities, and authorize the
appropriate officials to execute the same. (consent)
8.13 Approve the conveyance of a Distribution Easement to Progress Energy (PE)
granting appropriate authority to PE for the purpose of providing electrical
service to the Ed Wright production well that will provide raw water for the new
brackish reverse osmosis water treatment plant at Water Treatment Plant 2 and
authorize the appropriate officials to execute same. (consent)
8.14 Approve a Legal Services Agreement (annual extension) between the City of
Clearwater and Baker and Hostetler LLP, to serve as legal counsel on
Environmental issues in the amount of$50,000 and authorize the appropriate
officials to execute same. (consent)
8.15 Award a construction contract to Gibbs and Register, Inc. of Winter Garden,
Florida for the Gulf to Bay Boulevard/Highland Avenue Improvements Project
(08-0051-EN) in the amount of$340,265.20, which is the lowest responsible bid
received in accordance with the plans and specifications, and authorize the
Council 2011-09-01 7
appropriate officials to execute same. (consent)
8.16 Approve Supplemental 2 Construction Engineering and Inspection Services
(CEI) Work Order to Engineer of Record, Atkins Inc., in the amount of
$41,539.15 for the final phase of inspection of the Morningside Traffic Calming
Project. (consent)
8.17 Accept a Right of Way and Utility Easement conveyed by Morton Plant Hospital
Association, Inc. over, under and across a portion of the northwest 1/4 of the
northeast 1/4 of Section 21, Township 29 South, Range 15 East, as more
Particularly described therein, given in consideration of receipt of$10.00 and the
benefits to be derived therefrom. (consent)
8.18 Appoint Phyllis Franklin to the Brownfields Advisory Board with term to expire
May 31, 2015.
8.19 Approve Purchase Order in the amount of$25,000 for outside counsel services
of Gina Grimes, Esq. for representation of the Community Development Board.
consent
Councilmember John Doran moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
City Manager Reports
9. Other Items on City Manager Reports
9.1 Authorize an intergovernmental loan, in an amount not to exceed $325,440, from
funds provided to the City from the United States Environmental Protection
Agency as part of the Brownfields Cleanup Revolving Loan Fund Program for
cleanup of the CarPro site and adopt Resolution 11-19.
In October 1999, the City Council authorized the City Manager to sign a Loan
Fund Agreement and Work Plan for the $500,000 award received from the United
States Environmental Protection Agency (EPA) for the Clearwater Brownfields
Cleanup Revolving Loan Fund (BCRLF). EPA awarded the City supplemental
funds in the amount of$700,000 on September 28, 2006 increasing the original
$500,000 award to $1,200,000. The action also approved a time extension of the
budget and project period date from September 30, 2001 to December 31, 2011.
The current balance of$325,507.75 is available from this award with $325,440
earmarked for this loan for the CarPro site.
Council 2011-09-01 8
The BCRLF was structured to provide low-interest loans to parties interested in
the redevelopment of environmentally impaired properties. The BCRLF also
allows government entities to loan to other government agencies, but requires a
City resolution. The rule also states that the City may discount up to 30% of the
principal amount of the loan, provided that the total amount of the principal
forgiven shall not exceed $200,000.
The City determined that the best use of these remaining funds from EPA would
be for the cleanup of the CarPro site. The City also determined that the
Community Redevelopment Agency (CRA) is in a better position to convey the
site to a developer or other private entity if it provides for the environmental
cleanup of the site.
Resolution 11-19 requests the City Council to allot additional monies in the form of
a loan in the amount up to $325,440 to the CRA to complete the remediation of
the CarPro site and to address off-site environmental impacts.
To obtain a Site Rehabilitation Completion (SRCO) from FDEP (Florida
Department of Environmental Protection) for the CarPro site, the City of
Clearwater is obligated to address off-site contamination related to the CarPro
site.
An interlocal agreement will outline the City and CRA responsibilities in preparing
the site for redevelopment. The purpose of the agreement is to provide the means
by which the CRA and City can mutually work together to use their existing and
anticipated resources to meet the expenses incurred for the environmental
cleanup of the site.
The funds appropriated by the City from the BCRLF will have a zero interest rate
and be utilized by the CRA for this purpose and shall be repaid to the BCRLF by
the City or the CRA either from: a) amounts repaid to the City or the CRA from the
private developer or another party to whom the CRA ultimately conveys the Site
following the environmental cleanup provided for herein; b) TIF funds; c) the
General Fund of the City through budget appropriations in subsequent years so
that such BCRLF may be made available by the City for the environmental
cleanup of the other sites; d) other means legally sufficient and approved by EPA.
The repayment term is five years from the completion of the environmental
cleanup of the site as indicated by a site rehabilitation completion order (SRCO). It
is the intent of the CRA to use either sale proceeds, TIF, brownfields funds, and/or
environmental cleanup tax credit proceeds for the repayment of the loan. While
City general funds are not anticipated to be used, any payment from the City of
Clearwater General Fund is subject to the annual appropriations process. As
stated earlier, a portion of the loan may be discounted to reduce total funds due to
the BCRLF.
Council 2011-09-01 9
Councilmember Bill Jonson moved to authorize an intergovernmental loan, in an
amount not to exceed $325,440, from funds provided to the City from the United States
Environmental Protection Agency as part of the Brownfields Cleanup Revolving Loan
Fund Program for cleanup of the CarPro site. The motion was duly seconded and
carried unanimously.
Resolution 11-19 was presented and read by title only. Councilmember John Doran
moved to adopt Resolution 11-19. The motion was duly seconded and upon roll call, the
vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
9.2 Award a contract (purchase order) to lease desktop and laptop computers for 3
years from Hewlett-Packard Financial Services Company, Murray Hill, NJ for an
amount not to exceed $1,300,000 in accordance with Sec. 2.5640)(d) Code of
Ordinances, under State Contract 250-040-08-1; and authorize the appropriate
officials to execute same.
The City has leased computers for nine years. The benefits of leasing include
operational savings for asset acquisition and maintenance, improved efficiency in
user support and asset management, improved security for City systems and
network, and improved performance for system users and employees.
This term of leasing includes all desktop (1,100) and laptop (-300) computers
within the City. The cost of this lease term is 8% higher than the previous term
(2009-2011). The City's computers are upgraded over a 3-year cycle at
approximately 33% per year.
Costs in the initial year (2011/2012) of the contract will be approximately
$365,520. The maximum annual costs for this lease term will be approximately
$433,000 in the third year.
This agreement includes a value added enhancement. Self-Maintainer Program
which enables City staff to be trained at no additional costs to function as Hewlett-
Packard certified technicians to expedite diagnostic and resolution actions
(Hewlett-Packard tracks and pays (reimburses) for these services for every 15
minutes of work performed).Quarterly payments will be budgeted in the
Information Technology annual operating budget, and costs prorated to all
Council 2011-09-01 10
departments based upon their respective computer counts, through the
Administrative Services Fund charge back for Information Technology services.
Concern was expressed regarding state of HP computer division. Information
Technology Director Dan Mayer said the contract may be amended at any time.
Vice Mayor George N. Cretekos moved to award a contract (purchase order) to lease
desktop and laptop computers for 3 years from Hewlett-Packard Financial Services
Company, Murray Hill, NJ for an amount not to exceed $1,300,000 in accordance with
Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250-040-08-1; and
authorize the appropriate officials to execute same. The motion was duly seconded.
Mayor Frank Hibbard, Vice Mayor George N. Cretekos and Councilmembers John
Doran and Bill Jonson voted "Aye"; Councilmember Paul Gibson voted "Nay".
Motion carried.
9.3 Clearwater Business Task Force Report.
Business Task Force Chair Brian Aungst encouraged all to view Monday's presentation
on video streaming and read the final report, which is available online at
www.MyClearwater.com, search Clearwater Business Task Force.
In response to a question, Planning and Development Director Michael Delk said staff
will prepare a line by line review of the recommendations and categorize the
recommendations by short/mid/long term items and zero/modest/larger costs. Staff
review should be complete by September 20, 2011.
There was consensus to schedule a special work session on September 28, 20117 4:00
p.m. through 6:00 p.m., to discuss the Business Task Force Recommendations.
9.4 Disband Business Task Force.
The Business Task Force submitted a report with recommendations to the Council
on August 29, 2011 and has completed its review of the environment facing
businesses in the City.
Councilmember Paul Gibson moved to disband the Business Task Force. The motion
was duly seconded and carried unanimously.
9.5 Appoint Brian Aungst, Jr., David Allbritton, Steve Engelhardt, Steve Fowler,
Gene Gillespie, Jeff Kronschnabl, and Robert Pergolizzi to the Business Task
Force Executive Committee.
Council 2011-09-01 11
The Business Task Force submitted a report with recommendations to the Council
on August 29, 2011 and has completed its review of the environment facing
businesses in the City.
The Business Task Force Executive Committee will assist the City Council in
implementing those recommendations brought forward by the Business Task
Force.
Councilmember Bill Jonson moved to appoint Brian Aungst, Jr., David Allbritton, Steve
Engelhardt, Steve Fowler, Gene Gillespie, Jeff Kronschnabl, and Robert Pergolizzi to
the Business Task Force Executive Committee.
Two individuals spoke in support.
The motion was duly seconded and carried unanimously.
9.6 Approve the attached Business Lease Contract between the City of Clearwater
and Clearwater Marine Aquarium, Inc. for the lease of the Second (Middle) floor
of the Harborview Center pursuant to the terms and conditions of the Business
Lease Contract; ratify and confirm the City's capital renovation cost of
approximately $171,650 for site preparation, authorize pre-lease reimbursable
interim operating costs of$16,650 and authorize the appropriate officials to
execute same.
The Clearwater Marine Aquarium recently approached the City and requested the
lease of the second floor of the Harborview Center to help them mitigate and
manage the community impacts anticipated by the concurrent of reconstruction
and expansion of the Aquarium and the significantly heightened visitor demand as
a result of the release of the movie entitled "A Dolphin's Tale". Unforeseen delays
in the Aquarium reconstruction/expansion created the situation. The City, in
discussion with the Executive Board of the Aquarium and later at City Council
meetings, indicated a willingness to consider such an accommodation with the
caveat that the City be fully reimbursed for the cost of site preparation and,
subsequently, the tenancy be on a triple net basis, with the Aquarium absorbing
all operating costs created by the tenancy. The only exception would be in the
instance where the City reclaims the property for municipal purposes prior to the
lease expiration, in which case the capital costs would be reimbursed on a
proportional basis. The attached lease reflects these conditions.
The lease provides for an initial term of 12 months, with subsequent renewal
options of 1 year and 6 months at the option of the Aquarium. The Aquarium may
cancel the lease at any time upon 30 days notice to the City, but, in such instance,
Council 2011-09-01 12
will continue the capital cost liability and nonetheless fully reimburse the City in
the 30-month period prescribed in the lease. The City will underwrite and prepare
the facility for use by the Aquarium and will recover the cost through a base
monthly rent equivalent to 1/30th of the cost of site preparation. Additionally, the
Aquarium will report attendance at the Harborview quarterly, and will remit to the
City the difference between attendance and base rent on a $1 per attendee basis
(in those cases where the attendance exceeds the base rent), which will be
credited to the capital cost reimbursement to the City. Once the capital cost of site
preparation is fully reimbursed, the rent will be at the nominal rate of$1 per
annum.
Pre-lease occupancy by the Aquarium will be permitted pursuant to a License
Agreement between the City and CMA for exhibit assemblage and materials
storage, with the City held harmless and operating costs for the pre-lease period
rolled forward into the capital cost reimbursement total and repaid according to
the repayment schedule delineated above. City staff recommends approval for the
following reasons-1) The use of the Harborview Center would help mitigate the
anticipated traffic and visitor impact on the City due to the concurrent
reconstruction and anticipated increased attraction of visitors to the Aquarium as a
result of the movie release;2)The tourism and financial importance to the City and
the Aquarium of assuring a positive tourist/visitor experience to the Aquarium,
particularly following the release of the movie, would far exceed any
inconvenience to the City in allowing the tenancy;3) The infusion of visitors to
Downtown would likely generate additional business for restaurants and retail
establishments, during a difficult economic period;4) The lease meets the City
Council criteria that the City be held harmless from a cost standpoint.
Funding for the site preparation is recommended to be funded from Capital
Project 315-93277, Harborview R and R, which has an available balance of
$2507837.95.
The City Attorney reviewed the business lease contract and said the actual cost for
renovations may fall below the $107,047 cost estimate; staff will enter the final
renovations cost (base rent amount), which will include the estimated interim operating
costs, on November 10, 2011.
Staff was directed to add the Sea Blues and the Fourth of July events under lease
agreement Item 17, Reservation by Lessor.
Vice Mayor George N. Cretekos moved to approve the attached Business Lease
Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the
lease of the Second (Middle) floor of the Harborview Center pursuant to the terms and
conditions of the Business Lease Contract; ratify and confirm the City's capital
renovation cost of approximately $171,650 for site preparation; authorize pre-lease
Council 2011-09-01 13
reimbursable interim operating costs of$16,650 and authorize the appropriate officials
to execute same. The motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports - None.
11. Other Council Action - None.
12. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
13. Adjourn
The meeting was adjourned at 6:47 p.m.
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Council 2011-09-01 14