06/04/2007
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
June 4, 2007
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson 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
Patricia O. Sullivan Board Reporter
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.
Parks and Recreation
Approve soliciting a request for proposal (RFP 28-07) for the operation, maintenance and
programming of the North Greenwood Recreation and Aquatics Complex located at 900 North
Martin Luther King Jr. Avenue from qualified organizations.
During preliminary budget hearings, the City Council directed staff to look into the
possibility of having a third party provide the operation, maintenance and programming of the
North Greenwood Recreation and Aquatics Complex (NGRAC) as a way of reducing the City
budget. Staff has prepared a RFP (Request for Proposals) for this purpose and seeks Council
approval to move forward with the RFP to determine if this is a feasible alternative to reduce the
budget.
Section 2.015(V) of the City Charter provides that recreation/open space property may
only be leased for an existing use. The property may not be otherwise transferred without a
referendum. The RFP requires all eligible applicants to cover all costs associated with the
operation, maintenance and programming of the Complex with no financial or in-kind assistance
such as maintaining the grounds, maintenance of CIP items, i.e. air conditioners, roof
resurfacing, pool marciting, etc. at a level consistent with other City recreation complexes. The
successful applicant will need to have the ability to provide access to the general public without
having to become a member of another organization. The facility must be available to the
general public and they cannot be excluded due to non-membership. Any fee structure cannot
exceed rates charged at any of the City’s existing complexes. In addition, property insurance,
as well as other insurance, must be obtained by the successful applicant.
Some areas the applicant will be evaluated on: 1) Successful experience in Pinellas
County providing recreation programs at a large facility; 2) Successful experience managing
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and financing a large recreation facility with an operating budget in excess of $800,000; 3)
Results from references; 4) Proven financial stability and ability to fund operations of this size
and scope without City assistance; 5) Longevity of applicant providing these services; and 6)
Ability to partner with public and private sector and proven ability to raise funds to support
operations.
If approved, the RFP will be released on June 18, 2007, with recommendations back to
the Council for final consideration, approval and presentation on September 6, 2007 with a start
date for the lease to the successful applicant beginning October 1, 2007.
Concern was expressed that running the center under RFP guidelines would be
unaffordable for the few local non-profits qualified to bid.
In response to concerns, staff will retool the RFP to include all recreation centers and to
make it for an operating agreement, deleting bidder responsibility for maintenance, capital costs,
and structure insurance and allow a different fee structure.
The item was pulled from the agenda.
Police
Approve an agreement between the City of Clearwater and the School Board of Pinellas
County, Florida providing for the continuation of the School Resource Officer program at
Clearwater High School and Countryside High School for 3 years commencing July 1, 2006,
through June 30, 2009 and authorize the appropriate officials to execute same. (consent)
Due to lengthy legal review of 2006 law changes regarding student privacy issues and
the collection of law enforcement evidence, specifically school security video, all law
enforcement agencies providing SROs (Student Resource Officers) in the County have been
operating without a contract with PCSB (Pinellas County School Board) for the 2006/07 school
year. Those issues were just resolved in April 2007, therefore this contract is retroactive to
include the 2006/07 school year.
Under the terms of the three-year agreement between the School Board of Pinellas
County and the City of Clearwater, the City will provide law enforcement and related services to
Clearwater High School and Countryside High School during the regular school year. The
assigned officers (two per school) will provide instruction in law education, will serve as
resource persons, conduct investigations, provide security and maintain the peace, make
arrests and provide support services as necessary. The annual cost of salaries and benefits of
four officers over the three-year period will be approximately $237,560, $251,440 and $268,040,
respectively, and will be provided from the Police Department’s operating budget. Total annual
reimbursement from the School Board over this same three-year period will be $156,395.40,
$162,651.20 and $169,157.28 respectively. The difference between the actual costs and
amount reimbursed is offset by the benefit of the program to the community and the Police
Department.
The continuation of the School Resource Officer Program beyond the current fiscal year
will depend on funding being included in future budgets. The Police Department has maintained
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a good working relationship with the School Board. SROs have been assigned to Clearwater
High School since January 1, 1985 and Countryside High School since January 1, 1986.
It was stated that the legislature is not capping school board budgets and it was
recommended the school board be approached regarding fully funding SROs in the future.
In response to a question, Police Chief Sid Klein said the Pinellas County Sheriff will not
handle SRO duties. The City’s Police Department ultimately takes over criminal investigations
related to schools. SRO presence has prevented crime.
The Mayor will discuss this issue with the school board chair.
Consensus was to amend the agreement to cover only the current budget year.
Engineering
Award a contract for the construction of the “Clearwater Beach West Bridge Spur Connector”
(99-0081-EN) project to American Bridge Corporation of Orlando, Florida, for the sum of
$2,481,673.25, which is the lowest responsible bid received in accordance with the construction
plans and specifications, award a Construction Engineering & Inspection (CEI) contract to Ayres
Associates (EOR) for $390,537 and authorize the appropriate officials to execute same.
(consent)
On October 19, 2000, the City Council approved the original Local Agency Program
(LAP) Agreement between the Florida Department of Transportation (FDOT) and the City of
Clearwater for the design and construction of the Clearwater Beach West Bridge Spur
Connector utilizing 100% reimbursable federal Congestion, Mitigation & Air Quality (CMAQ)
funding. The “Clearwater Beach West Bridge Spur Connector” is a pedestrian and bicycle
bridge that will cross over the Mandalay Channel south of the existing fishing pier, and will
connect the existing sidewalks on Clearwater Beach and the Memorial Causeway segment of
the Ream Wilson Clearwater Trail. Additionally, this bridge has been designed to carry the load
of light emergency vehicles if required (ambulance/rescue and police cars only).
The original design was a signature cable-stayed bridge that was competitively bid
September 19, 2005. The lowest bid was $5,287,269.35 and exceeded available federal
funding. The City decided to reject the bids and redesign and re-bid the bridge as a
conventional, multi-span, pre-stressed concrete structure. Supplements to the original LAP
agreement have been approved by City Council (July 22, 2002, January 15, 2004, and July 21,
2005) increasing the grant to a total of $4,728,984. All construction and CEI (Construction
Engineering & Inspection) costs associated with this LAP project will be 100% reimbursed by
federal CMAQ funds administered through FDOT.
This project will start as soon as possible after award and execution of the contract, and
is scheduled to be completed within 413 calendar days. All work will be done from a barge or
the causeway. There will be no impact to the road or Bridge 43.
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In response to a question, City Engineer Mike Quillen said the project has a surplus of
approximately $500,000, which must be returned to FDOT. It was recommended that staff
approach FDOT to use this surplus to repair the pedestrian bridge near the roundabout.
Determine that it is necessary in the public interest to acquire a 180-day Temporary
Construction Easement (TCE) to encumber an 8,443.03 square-foot portion of Lot 1,
CLEARWATER "19" COMMERCE PARK, and adopt Resolution 07-16 authorizing the City
Attorney to file an eminent domain action pursuant to Chapter 73, Florida Statutes, against
Frank C. Kunnen, Jr. to condemn and acquire said TCE, and authorize appropriate officials to
execute same.
Channel G, of Alligator Creek, flows along the westerly limits of Fairwood Forest
townhomes and the easterly boundary of Clearwater "19" Commerce Park, owned by Frank C.
Kunnen, Jr. The Fairwood Forest and Clearwater "19" Commerce Park structures were built too
close to the top of the channel and the ditch is between 10 and 12 feet deep. The Fairwood
Forest structures are at risk of falling into the channel unless improvements to the ditch are
implemented. The Fairwood Forest Drainage Improvement Project is designed to stabilize the
drainage ditch within its historic boundary utilizing gabion baskets.
In 2005, all 27 affected Fairwood Forest homeowners granted the City 180-day TCEs
(Temporary Construction Easements) to facilitate the proposed project. Mr. Kunnen, whose
Commerce Park property extends approximately 550 feet along the westerly project limits, has
not responded to requests for the required TCE. On November 8, 2006, Colliers Arnold
Valuation Services appraised and valued the TCE at $5,500.
A purchase agreement offering to pay Mr. Kunnen the full appraised value of the 180-
day TCE for project purposes was delivered via certified mail, return receipt on April 9, 2007.
Mr. Kunnen met with City staff subsequent to receipt of the purchase offer seeking additional
drainage improvements along the southerly boundary of Clearwater "19" Commerce Park.
Estimated costs of the proposed improvements were prohibitive, and Mr. Kunnen has not
provided any further response to the purchase offer.
Total project construction costs are presently estimated at $2 million, including
approximately $364,000 of improvements to be made to Clearwater "19" Commerce Park
property in addition to the cash consideration Mr. Kunnen will receive for the TCE. Additional
project costs will likely be incurred as a result of the eminent domain process. These could
include professional fees for attorney(s), appraiser(s) and engineer(s) hired by Mr. Kunnen.
Although the exact total costs of the petition to condemn the subject easement are unknown,
staff is confident sufficient funding is available in Alligator Creek Implementation Project II to
fund the suit and construction costs.
In response to a question, Engineering Manager Elliot Shoberg said approximately 14
town homes are affected. The City uses the canal for drainage and is responsible for
maintenance. Assistant City Attorney Dick Hull said the project requires the temporary use of
property outside City right-of-way easements. The subject property will be returned to Mr.
Kunnen in six months, after the project is completed. It was recommended that the City do all
possible to limit its exposure to litigation.
Official Records and Legislative Services
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Appoint one member to the Marine Advisory Board with the term expiring on June 30, 2011.
Consensus was to appoint Donald McFarland.
Legal
Approve Modification to Settlement Stipulation between City of Clearwater and Clear Channel
Outdoor, Inc. as successor to Eller Media Company and Patrick Media Group, Inc., and
authorize appropriate officials to execute same. (consent)
In 1998, the City entered into a Settlement Stipulation in Patrick Media Group Inc. v. City
of Clearwater, Case 93-174-CI (21), regarding billboard amortization. Patrick was succeeded
by Eller Media Company, and then by Clear Channel Outdoor, Inc. As part of the Stipulation,
the company was to remove, and did remove, two billboards on Gulf-to-Bay Boulevard, and was
to be allowed to replace them with two billboards at sites of its choosing on U.S. 19. Clear
Channel selected a site at 19246 U.S. 19. However, that site is subject to a Development
Order, requiring compliance with current Code, which does not allow billboards.
Meanwhile, the owner of property at Drew Street and Belcher Road obtained approval
for development [FLD2006-10058A]. That property contains an existing billboard also owned by
Clear Channel. The Belcher Road property is also the subject of an annexation application,
ANX2006-10039. This Modification of the Settlement Stipulation provides that Clear Channel
will be allowed to erect the billboard at 19246 U.S. 19 following removal of the Belcher Road
billboard. The new billboard will be 50 feet in height, as opposed to 40 feet, per the company's
assertion that trees and shrubbery compromise visibility at 40 feet. The City also would support
amendment of the Development Order for the U.S. 19 site to allow the new billboard.
Staff will provide a picture of the proposed US 19 site to address concerns regarding the
billboard’s proposed height.
Schedule an attorney client session in the case of Crouch v. City, Case 93-2860-CI-21.
(consent)
The City Attorney requested an attorney/client session regarding Crouch versus the City
be scheduled. Consensus was to schedule the session on June 18, 2007, at 12:30 p.m.
City Manager Verbal Reports
Pedestrian Bridge - Clearwater Underpass
Mr. Quillen said responsibility for the bridge’s maintenance was never assigned to a
department. The bridge’s 15-year warranty does not cover paint, which had a one-year
warranty. The company that constructed the bridge has denied responsibility for subsequent
corrosion. A firm is evaluating the structure to determine the extent of necessary repair work
and create a long-term maintenance program. Staff is inventorying all pedestrian bridges in the
City and will inspect them annually.
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The City Manager said an asset management program is being implemented. Staff has
started talks with FDOT regarding folding extra CMAQ funds into necessary repairs. A copy of
the process was requested.
Other Council Action
Councilmember Gibson expressed concern with pension fund investments review
process, should occur more often than quarterly.
Discussion ensued. Consensus was for the PAC (Pension Advisory Committee) to
schedule discussion of this issue.
Adjourn
The meeting adjourned at 3:43 p.m.
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