10/20/2011 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 20, 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 11 - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, and Rosemarie Call - City Clerk.
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 — Mayor Frank Hibbard
3. Pledge of Allegiance — Mayor Frank Hibbard
4. Presentations — Given.
4.1 Dolphin Tale Promotions - Mary Delong, Dir. BVK Advertising & D.T. Minich,
Exec. Dir. Visit St. Pete Clearwater
BVK Advertising Director Mary Delong provided a PowerPoint presentation regarding
the multi-media campaign efforts promoting Dolphin Tale.
4.2 National Friends of Libraries Week Proclamation, October 16 — 22, 2011 — Rita
Garvey, Friends of the Library representative.
4.3 United Way Month Proclamation, November 2011 - Laura Cameron, the City's
United Way Leadership Executive.
5. Approval of Minutes
Council 2011-10-20 1
5.1 Approve the minutes of the October 6, 2011 City Council Meeting and the
minutes of the September 28, 2011 Special City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the October 6, 2011 City
Council Meeting and the minutes of the September 28, 2011 Special City Council
Meeting as submitted in written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Carl Schrader thanked the City and participants for efforts in the National Night Out
event.
Shelley Kuroghlian clarified a citizen's statement at the October 6, 2011 council
meeting; the Clearwater Neighborhoods Coalition has not taken a position regarding the
future of the Harborview Center.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1310 Parkwood Street (Lot 12, Block A, Pine Ridge in
Section 10, Township 29 South, Range 15 East) and Pass Ordinances 8289-11,
8290-11 and 8291-11 on first reading. (ANX2011-08004)
This voluntary annexation petition involves a 0.176-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
side of Parkwood Street approximately 137 feet east of Betty Lane. The applicant
is requesting this annexation in order to receive solid waste service from the City.
The Planning and Development Department is requesting that the 0.092-acres of
abutting right-of-way of Parkwood Street not currently within the City limits also be
annexed. The property is contiguous to existing City boundaries to the north,
south, east, and west. It is proposed that the property be assigned a Future Land
Use Map designation of Residential Low (RL) and a Zoning Atlas designation of
Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
Council 2011-10-20 2
The property currently receives water and sewer service from the City of
Clearwater. Collection of solid waste will be provided by the City. The property is
located within Police District 11 and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical services
will be provided to this property by Station 51 located at 1720 Overbrook Avenue.
The City has adequate capacity to serve this property with sanitary sewer, solid
waste, police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is consistent
with the current Countywide Plan designation of this property. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed
zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the
uses allowed in the district and the property exceeds the district's minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, south, east and west; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Vice Mayor George N. Cretekos moved to approve the annexation, initial Future Land
Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of
Low Medium Density Residential (LMDR) District for 1310 Parkwood Street (Lot 12,
Block A, Pine Ridge in Section 10, Township 29 South, Range 15 East). The motion
was duly seconded and carried unanimously.
Council 2011-10-20 3
Ordinance 8289-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8289-11 on first 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.
Ordinance 8290-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8290-11 on first 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.
Ordinance 8291-11 was presented and read by title only. Councilmember John Doran
moved to pass Ordinance 8291-11 on first 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.
7.2 Request the Pinellas County Board of County Commissioners to extend the
existing ambulance services agreement with Paramedics Plus, LLC for no more
than one year and adopt Resolution 11-24.
Mayor Frank Hibbard said the proposed resolution is a recommendation to the Pinellas
County Board of Commissioners regarding the existing ambulance services agreement.
One individual spoke in opposition and one individual requested consideration be
delayed until Pinellas County completes its deliberations with Paramedics Plus
regarding future costs.
Council 2011-10-20 4
In response to questions, Pinellas County Administrator Bob LaSala said the
deliberations with Paramedics Plus are expected to be completed by the end of year
and cost information will be provided to Council. The Board of County Commissioners
will be receiving the final proposal on October 25, 2011 from IPS, consultant
responsible for analyzing the county EMS/ALS system. Mr. LaSala said staff is
expected to present recommendations to the Board shortly after; the City will be actively
engaged with the undertaking of the private transport component.
Mr. LaSala submitted letters from local health care providers and a local corporation
supporting the extension of the Paramedics Plus/Sunstar Paramedics contract.
The City Attorney said the existing agreement with Paramedics Plus terminates
September 30, 2012.
In response to questions, Mr. LaSala said the last renewal option would begin October
1, 2012. The County must notify Paramedics Plus regarding the intent to extend the
renewal option by January 1, 2012. The operational study of the medical first response
function must be completed in early 2012 in order to provide budget guidance to the 18
municipal providers. The City of St. Petersburg asked to meet with the Board on
October 31 to share their perspective on EMS; the City will receive a copy of the
meeting notice and briefing book.
Paramedics Plus representative Ed Armstrong said the buy-out provision contained in
the contract is pro-rated. Should all 18 providers decide to undertake the Sanford-
Millican proposal, the interlocal agreement would be complicated and require more than
three years to implement.
Discussion ensued with concerns expressed regarding taking a position prior to
reviewing and comparing the financial costs and levels of service detailed in the Pinellas
County and Sanford-Millican proposals.
Vice Mayor George N. Cretekos moved to table Item 7.2. The motion was duly
seconded and carried unanimously.
The Council recessed from 7:36 p.m. to 7:41 p.m.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8281-11 on second reading, amending the future land use
element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address is 1020 North
Hercules Avenue, from Transportation/Utility (T/U) to Industrial Limited (IL).
Council 2011-10-20 5
Ordinance 8281-11 was presented and read by title only. Councilmember Paul Gibson
moved to approve Ordinance 8281-11 on second 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.
8.2 Adopt Ordinance 8282-11 on second reading, amending the Zoning Atlas of the
city by rezoning for certain real property whose post office address is 1020 North
Hercules Avenue, from Institutional (1) to Industrial, Research and Technology
Ordinance 8282-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8282-11 on second 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.
8.3 Adopt Ordinance 8292-11 on second reading, modifying provisions of Chapter
33, Waterways and Vessels, Clearwater Code of Ordinances, regulating vessel
operation within the Clearwater Harbor Marina boat slips.
Ordinance 8292-11 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8292-11 on second 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.
9. Consent Agenda — Approved as submitted, less Item 9.13.
Council 2011-10-20 6
9.1 Award contracts (blanket purchase orders) to Baker and Taylor. Atlanta. GA -
$230.000: Ingram Library Services, Atlanta. GA - $175.000: and Midwest Tape,
Holland. OH - $65.000 for the purchase of library books and other materials for
the contract period October 1. 2011 through September 30. 2012, and authorize
the appropriate officials to execute same. (consent)
9.2 Approve an agreement with CSX Transportation. Inc.. (CSXT) to provide
engineering services for the future crossings of the trail located on the south side
of Lakeview Road and authorize the appropriate officials to execute same.
consent
9.3 Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz
Stamper Inc. of Tampa. FL, in the amount of$200.000 for the purchase of labor,
materials and equipment to perform various concrete projects including
sidewalks, slabs, and curbs for a variety of parks and recreation maintenance
and construction projects and authorize the appropriate officials to execute
same. (consent)
9.4 Award a contract (purchase order) to Restocon Corp. of Tampa. Florida. Bid 09-
0011-PR-C for the concrete repair of the exterior columns, walkways and stairs
at the Long Center located at 1501 N. Belcher Road, which includes a 10%
contingency: for a net sum of$195.470.00 and approve the transfer of
$32.459.08 from Long Center Infrastructure Repairs CIP 315-93278 to Aging
Well Center budget CIP 315-93615 at first quarter and amend the project scope
of the Aging Well Center project to include the entire Long Center for the
purpose of the concrete repair of the exterior columns, walkways and stairs: and
authorize the appropriate officials to execute same. (consent)
9.5 Ratify and confirm the City Manager's approval to support Make a Difference
Fishing Tournament by waiving the loss of parking revenue in the amount of
$3.350. (consent)
9.6 Approve a Model Agreement for Commission of Public Artwork to be utilized for
commissions of public artwork under the provisions of Ordinance 7489-05, as
amended, and through the procedures of the Public Art and Design Program,
and authorize the City Manager and/or his designee to approve such
agreements. (consent)
9.7 Approve the proposed sculpture collection for Sculpture360: Season IV Art in
the Cleveland Street District. (consent)
9.8 Approve acceptance of a Florida Department of Law Enforcement /Bureau of
Council 2011-10-20 7
Justice Assistance Countywide Justice Assistance Grant (JAG) in the amount of
$30,000 to fund the purchase of 112 digital cameras and carrying cases and
authorize the appropriate officials to execute same. (consent)
9.9 Award a contract (purchase order) to Adkins Contracting, Inc, of Ruskin, Florida,
in the amount of$538,012.84 for the removal and replacement of under drains
and all associated and incidental work including restoration at locations
throughout the City of Clearwater, and authorize the appropriate officials to
execute same. (consent)
9.10 Award a contract (purchase order) to Andrew Site Work, Inc. of Bonita Springs,
Florida for the construction of the Greenlea East-West Reclaimed Water
Interconnect Project in the amount of$1,476,918.69, which is the lowest
responsible bid in accordance with plans and specifications, and authorize the
appropriate officials to execute same. (consent)
9.11 Approve work orders to Tetra Tech, Inc of Tampa, FL in the amount of
$1,584,500 for engineering services and Legette, Brashears and Graham of
Tampa, FL in the amount of$1,154,000 for hydrogeologic services associated
with the City of Clearwater Groundwater Replenishment Project Pilot and
Testing Phase, for total costs of$2,738,500, approve a Cooperative Funding
Agreement with the Southwest Florida Water Management District (SWFWMD),
which provides reimbursement of project costs up to $1,536,250, and authorize
the appropriate officials to execute same. (consent)
9.12 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 Compressed Natural Gas (CNG) filling station and other
improvements within the Clearwater Air Park, and authorize the appropriate
officials to execute same. (consent)
9.13 Approve two Sovereignty Submerged Lands Easements granted by the State of
Florida Department of Environmental Protection to allow for installation of
reclaimed water pipes attached to the Douglas Avenue Bridge and installed by
directional drill under a small bridge on Overbrook Avenue and authorize the
appropriate officials to execute same. (consent)
See below.
9.14 Approve the Cooperative Funding Agreement between Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater for the Stormwater
Improvements Flood Protection- Smallwood Circle Project (N395), in the amount
of$125,000, and authorize the appropriate officials to execute same. (consent)
Council 2011-10-20 8
9.15 Approve a Cooperative Funding Agreement in the amount of$1,250,000 with the
Southwest Florida Water Management District (SWFWMD) to share one-half the
design and construction cost of Phase III of Tropic Hills Drainage Improvements
Project and authorize the appropriate officials to execute same. (consent)
9.16 Request authority to institute a civil action on behalf of the City against Mission
Hills Condominium Association, Inc. (Mission Hills) for the purpose of seeking a
Declaratory Judgment to determine the City's easement rights as granted in that
certain easement dated April 26, 1971 by the Imperial Homes Corporation, Inc.
consent
9.17 Amend the operating budget of the Planning and Development Department in
the amount of$107,500 to fund a Development Service Center Manager and
provide customer service training in response to recommendations of the
Business Task Force. (consent)
Councilmember John Doran moved to approve the Consent Agenda as submitted, less
Item 9.13, and authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
9.13 Approve two Sovereignty Submerged Lands Easements granted by the State of
Florida Department of Environmental Protection to allow for installation of
reclaimed water pipes attached to the Douglas Avenue Bridge and installed by
directional drill under a small bridge on Overbrook Avenue and authorize the
appropriate officials to execute same. (consent)
These easements are necessary as part of the Clearwater Harbor Reclaimed
System Project (10-0008-UT), which upon completion will provide reclaimed
water from the Marshall Street WRF to the Clearwater Harbor neighborhood,
between Edgewater/Union/Pinellas Trail/ Sunset Point Road. Council awarded
the construction contract for this reclaim project on May 19, 2011.
The easements are granted for 50 years from August 10, 2011, the effective
date of the easements. The land shall be used for reclaimed water pipeline on
the Douglas Avenue Bridge (Easement 41345) and reclaimed water pipe on the
Overbrook Avenue Bridge (Easement 41355).
The legal descriptions and sketches of the easement instruments were prepared
by the City's Licensed Land Surveyor.
There is no cost to the City for these easements. The Public Utilities Department
will own and maintain the proposed improvements included in these easements.
Council 2011-10-20 9
In response to a question, Engineering Manager Rob Fahey said the documents
presented at work session have been modified to include the existing utilities and
reason why staff requested the agenda item be taken off the Consent Agenda.
Councilmember John Doran moved to approve Item 9.13. The motion was duly
seconded and carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Item Pulled: Amend Clearwater Code of Ordinances, Chapter 17, Section 17.06,
relating to open fires, by repealing those subsections in Section 17.06 and pass
Ordinance 8279-11 on first reading.
Staff pulled Item.
10.2 Approve an agreement to lease the Collier Arnold parking lot and authorize the
appropriate officials to execute same.
As part of the arrangement with the Clearwater Marine Aquarium, half of the
Main Library parking lot will be included in the lease of the Harborview space.
To allow the library to continue normal operations, the city will lease the parking
lot on the corner of Drew and Osceola from Collier Arnold for $1,500 a month.
The Marine Aquarium will reimburse the City for that cost. This is a month-to-
month lease, which the city can cancel at any time with 30 days written notice.
Mayor Frank Hibbard declared a conflict of interest and departed Chambers.
Councilmember Bill Jonson moved to approve an agreement to lease the Collier Arnold
parking lot and authorize the appropriate officials to execute same. The motion was
duly seconded and upon the vote being taken:
"Ayes Vice Mayor George N. Cretekos and Councilmembers John Doran, Paul
Gibson and Bill Jonson.
Council 2011-10-20 10
"Nays None.
Mayor Frank Hibbard returned to Chambers.
10.3 Amend Section 22.24(2) of the City of Clearwater Code of Ordinances to change
the hours of operation for various parks; eliminate properties from the list that are
no longer used as a park; and change the name of Chautauqua Park North
(Enterprise Road) to Enterprise Dog Park and pass Ordinance 8293-11 on first
reading.
On February 3, 2005, the City Council approved Ordinance 7376-05 amending
Section 22.24 by adding the hours of operation for each City park in the Code of
Ordinances; requiring at least one prominently posted sign be installed at each
park stating the hours of operation; and providing an exception to the closing
hours which would allow a permit to be issued by the Department or the City
Manager.
The Ordinance provided a tool that City law enforcement officers use to more
effectively patrol City parks and enforce the hours of operation at each park. It
reduced the number of persons trespassing on park property after closing hours
and reduces some of the vandalism that occurs during these times. From time
to time, Section 22.24(2) of the Code of Ordinances needs to be reviewed and
updated to reflect accurately any changes that may have occurred since the last
amendment. Following is a list of the various changes that are included in this
agenda item as well as changing the description of"Open for Scheduled
Programming Only" to "Open for Permitted Use Only".
Name changes: Lake Chautauqua Park North (Enterprise Road) to Enterprise
Dog Park. Properties removed: Countryside Library Playground; US 19 Soccer
Practice Fields, Martin Luther King Recreation Center Hours changed: North
Greenwood Rec. & Aquatic Complex - from "Closed from 9:00 p.m. until 6:00
a.m." to "Closed from 10:00 p.m. until 6:00 a.m." Belmont Park & Plaza Park -
from "Closed from 10:00 p.m. until 6:00 a.m." to "Closed from Sunset until
Sunrise" Ross Norton Ballfields, Frank Tack Park, Sid Lickton and Fred
Cournoyer Center, Joe DiMaggio Complex - from various set hours to "Open for
Permitted Use Only" Sand Key Bayside Park - from "Open 24 Hours Per Day" to
"Closed from 9:00 p.m. to 6:00 a.m." Lawn Bowls & Shuffleboard Complex - from
"Open for Permitted Use Only" to "City Owned Properties - Leased to Others"
New categories: Martin Luther King Recreation Park Area - "Closed from 10:00
p.m. until 6:00 a.m." Del Oro Park Trail - "Closed from Sunset until Sunrise"
Clearwater Beach Family Aquatic and Rec Complex Boat Ramp - "Open 24
Council 2011-10-20 11
Hours Per Day" Lawn Bowls & Shuffleboard Complex Park Area Only - "Closed
from Sunset Until Sunrise"
Councilmember John Doran Moved to amend Section 22.24(2) of the City of Clearwater
Code of Ordinances to change the hours of operation for various parks; eliminate
properties from the list that are no longer used as a park; and change the name of
Chautauqua Park North (Enterprise Road) to Enterprise Dog Park. The motion was
duly seconded and carried unanimously.
Ordinance 8293-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8293-11 on first 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.
10.4 Approve an Interlocal Agreement between the City of Clearwater and Pinellas
County, for distribution of Pennies for Pinellas funds to the City for work
completed as part of the Gulf Boulevard Improvement Program, authorize the
appropriate officials to execute same and adopt Resolution 11-21.
In February 2002 by Resolution 02-1, the City of Clearwater entered into an
agreement with Pinellas County for planning and design of certain improvements
to the Gulf Beach Corridor and specifically Gulf Boulevard. The county
recognized these improvements to be of countywide importance and committed
to assist appropriate beach communities by contribution from the one-percent
surtax more commonly known as Pennies for Pinellas. This has evolved to the
current agreement - Pinellas County has agreed to reimburse the City of
Clearwater and other appropriate cities for improvements to Gulf Boulevard
completed on or after March 13, 2007. The City has completed appropriate
improvements through the construction of Beach Walk that qualify the City for
these reimbursements. In all, the amount to be reimbursed to the cities is $35
million prorated based upon centerline miles of Gulf Boulevard within each
jurisdiction. Clearwater will receive 19.17% of the total or $6,708,380 to be paid
over a period of seven years commencing in Fiscal Year 2013. The payment
schedule included with the agreement indicates that the City will receive
$670,838 per year for Fiscal Years 2013 through 2016 and $1,341,676 per year
for Fiscal Years 2017 through 2019. The proceeds from this can be used to
reimburse the funding sources for Beach Walk, which include the General Fund,
Council 2011-10-20 12
Penny for Pinellas, Transportation Impact Fees and Road Millage. The exact
distribution of the funds will be determined at a later date.
Councilmember Paul Gibson moved to approve an Interlocal Agreement between the
City of Clearwater and Pinellas County, for distribution of Pennies for Pinellas funds to
the City for work completed as part of the Gulf Boulevard Improvement Program,
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
Resolution 11-21 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 11-21. The motion was duly seconded and upon roll call, the
vote was:
'Ayes Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Approve the Third Amendment to Contract For Purchase of Real Property by the
City of Clearwater between the Times Publishing Company (Times), a Florida
Corporation, St. Petersburg, Florida and the City of Clearwater (City),
Clearwater, Florida, for the City to purchase from The Times real property
described as Magnolia Park Subdivision, part of lot 3 lying East of Railroad, all of
Lots 4,5,6 and 8 , plus the East 27 feet of lots 3 and 8, Block 11; together with
Lot 3 less the West 4 feet, all of Lots 5,67, and 8 less the West 4 feet, Block 8,
according to the plat thereof as recorded in Plat Book 1, Page 70, Public
Records of Pinellas County, for the sum of$ 1,950,000 and authorize the
appropriate officials to execute same, together with all documentation required to
effect closing and approve the terms and conditions of the amended related
temporary occupancy lease between the City and The Times Company, and
authorize the appropriate officials to execute same.
The subject property is located at 710 Court Street in the Downtown District of
Clearwater. The parcel is approximately 83,800 sq. ft., and is comprised of a
single tenant office building with an adjacent parking lot. This property presents
an opportunity for the City to acquire a strategically located parcel considered for
Council 2011-10-20 13
a number of years as well suited for transit and/or governmental uses.
Acquisition discussions between the parties have taken place over a period of
years, but have not led to agreement.
Now, however, due to current conditions in the real estate market, the City has
been able to reach a mutually acceptable purchase arrangement with The Times
Company to allow acquisition within designated funds in Penny for Pinellas.
The original purchase price of$2.2 Million was close to the mid-point between
two independent appraisals performed on the property and reflects a $26.29/sq.
ft. blended valuation (structure and parking lot). Due to the subsequent finding
during due diligence of environmental contamination on the site requiring
remediation, the parties have agreed upon a revised purchase price of$1,
950,000, with a clawback provision that refunds to the Times Publishing
Company any amount remaining out of the $250,000.00 reduction to the
purchase price which is not utilized for environmental remediation by the City
upon receipt of a No Further Action determination by FDEP (Florida Department
of Environmental Protection) for use of the site as allowed by current zoning and
land use regulations. Because The Times Company has the desire and need to
find a relocation site for the Clearwater Bureau and an acceptable alternative has
not yet been found, a companion lease would allow The Times Company to
lease back the property for the statutorily-required $1 per annum minimum, triple
net, with the City held completely harmless, for up to one year. The economic
value of the leasehold, as reflected in the appraisal, was factored into the final
purchase price. The amended lease provides the City the right of entry during the
lease period for environmental testing/remediation and indemnifies the City from
any/all claims due to the existent environmental conditions on the site during the
tenant occupancy.
Staff recommends approval of the amended Contract for Purchase and Business
Lease Contract.
Councilmember John Doran moved to approve the Third Amendment to Contract For
Purchase of Real Property by the City of Clearwater between the Times Publishing
Company (Times), a Florida Corporation, St. Petersburg, Florida and the City of
Clearwater (City), Clearwater, Florida, for the City to purchase from The Times real
property described as Magnolia Park Subdivision, part of lot 3 lying East of Railroad, all
of Lots 4,5,6 and 8 , plus the East 27 feet of lots 3 and 8, Block 11; together with Lot 3
less the West 4 feet, all of Lots 5,67, and 8 less the West 4 feet, Block 8, according to
the plat thereof as recorded in Plat Book 1, Page 70, Public Records of Pinellas County,
for the sum of$ 1,950,000 and authorize the appropriate officials to execute same,
together with all documentation required to effect closing and approve the terms and
conditions of the amended related temporary occupancy lease between the City and
Council 2011-10-20 14
The Times Company, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
11.2 Approve the Third Amendment to Contract For Purchase of Real Property by the
City of Clearwater between the Court Street Enterprises Inc. and Joseph J.
Hirschfeld, as Trustee, a Florida Corporation, St. Petersburg, Florida and the City
of Clearwater (City), Clearwater, Florida, for City to purchase from Court Street
Enterprises Inc. and Joseph J. Hirschfeld, real property described as a portion of
Lots 2, 3, 8 and 9, Block 11, Magnolia Park, as recorded in Plat Book 3, Page
43, of the Public Records of Pinellas County, Florida for the sum of$475,000
and authorize appropriate officials to execute same, together with all
documentation required to effect closing; and approve the terms and conditions
of the amended related temporary occupancy lease between the City and David
Allbritton Construction, Inc., David Allbritton, President, who is a principal of
Court Street Enterprises Inc., and authorize the appropriate officials to execute
same.
The subject property is located at 704 Court Street in the Downtown District of
Clearwater. The parcel is approximately 19,368 sq. ft. This property presents an
opportunity for the City to acquire a strategically located parcel considered for a
number of years as well suited for transit and/or governmental uses.
Due to current conditions in the real estate market, the City has been able to
reach a mutually acceptable purchase arrangement with Court Street Enterprises
Inc. and Joseph J. Hirschfeld, as Trustee, to allow acquisition within designated
funds in Penny for Pinellas.
The original purchase price of$525,000 was close to the mid-point between two
independent appraisals performed on the property and reflects a $27.10/sq. ft.
Due to the subsequent finding during due diligence of environmental
contamination on the site requiring remediation, the parties have agreed upon a
revised purchase price of$475,000.Because David Allbritton, a principal of Court
Street Enterprises Inc. has the desire and need to find a relocation site to
continue his business operations and an acceptable alternative has not yet been
found, a companion lease would allow his company, David Allbritton
Construction, Inc. to lease back the property for the statutorily required $1 per
annum minimum, triple net, with the City held completely harmless, for up to one
year. The economic value of the leasehold, as reflected in the appraisal, was
factored into the final purchase price. The amended lease provides the City the
right of entry during the lease period for environmental testing/remediation and
indemnifies the City from any/all claims due to the existent environmental
conditions on the site during the tenant occupancy.
Council 2011-10-20 15
Staff recommends approval of the amended Contract for Purchase and Business
Lease Contract.
In response to a question, Assistant City Attorney Laura Mahoney said the lease does
not contain an option to renew the lease beyond one year. Assistant City Manager Rod
Irwin said Council would approve a new lease if needed.
Vice Mayor George N. Cretekos moved to approve the Third Amendment to Contract
For Purchase of Real Property by the City of Clearwater between the Court Street
Enterprises Inc. and Joseph J. Hirschfeld, as Trustee, a Florida Corporation, St.
Petersburg, Florida and the City of Clearwater (City), Clearwater, Florida, for City to
purchase from Court Street Enterprises Inc. and Joseph J. Hirschfeld, real property
described as a portion of Lots 2, 3, 8 and 9, Block 11, Magnolia Park, as recorded in
Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida for the sum of
$475,000 and authorize appropriate officials to execute same, together with all
documentation required to effect closing; and approve the terms and conditions of the
amended related temporary occupancy lease between the City and David Allbritton
Construction, Inc., David Allbritton, President, who is a principal of Court Street
Enterprises Inc., and authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
12. Other Council Action
12.1 City Attorney Evaluation
AND
12.2 City Manager Evaluation
Councilmembers provided positive evaluations of the City Manager and City Attorney.
13. Closinci Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
14. Adjourn
The meeting was adjourned at 8:27 p.m.
/1.://%-d
yor
Council 2011-10-20 16
City of Clearwater
Attest
1.•■■
ad-L4CaA_Ic, /1
City Clerk -4■4101r 41'1;4 t
CI 4 aCt
f .
`‘iFPITEPtS•\*#
Council 2011-10-20 17
FORM 8B 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 City Council
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
308 Druid Road W. WHICH I SERVE IS A UNIT OF:
COUNTY
CITY ❑COUNTY ❑OTHER LOCAL AGENCY
CITY Clearwater, FL Pinellas NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED City of Clearwater _
MY POSITION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
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 8B-EFF. 1/2000 PAnF
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
1, R,e m< V /I'&134 R2 , hereby disclose that on Crd(3e�('
,20 �;
(a)A measure came or will come before my agency which(check one)
inured to my special private gain or loss;
X inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained;or
inured to the special gain or loss of ,which
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:
4 /D. 2 /O A6-&efMe/YT To 441,54
C7ijIE 44PA/o -x pkae v& Lo r.
EIS/Ness ,2ELar riad5iI,P bJ,?-/ E A/
770 P,e/ipA 64)^/ es.
/a/2 /d 1 K .
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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