06/07/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 7, 2007
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: Garry Brumback 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 6:00 p.m. at City Hall. The invocation was
offered by Reverend Sandy Jamieson of the Good Samaritan Episcopal Church. The Mayor led
the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Presentations
4.1 Proclamation: National Homeownership Month – June 2007
5 - Approval of Minutes
5.1 Approve the minutes of the May 17, 2007 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the May 17, 2007, as
recorded and submitted in written summation by the City Clerk to each Councilmember. The
motioncarried
was duly seconded and unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
Randy Kabrich opposed Clearwater Gas System’s $50 monthly fee to hook up an
emergency generator.
Clark Higgs said the McMullen Tennis Center expansion was removed from the 2007/08
budget and requested that it be part of the 2008/09 budget.
Ralph Spencer and Sarah M. Evans opposed closing City recreation centers.
Reverend Floyd Irwin expressed concern regarding food safety practices at local
restaurants and supermarkets.
Council 2007-06-07 1
Eva Kunowska said condominium construction and Coronado Street improvements have
negatively impacted beach tourism.
Rick Wagoner expressed concern with City expenditures related to the recent
reinstatement of three firefighters.
Public Hearings - Not before 6:00 PM
7 - Second Readings - Public Hearing
7.1 Continue second reading of Ordinance 7784-07, annexing certain real property whose post
office address is 2212-2216 Drew Street, an unaddressed parcel, and 2205 Norman Drive, to
June 20, 2007.
AND
7.2 Continue second reading of Ordinance 7785-07, amending the future land use plan element
of the Comprehensive Plan of the City to designate the land use for certain real property whose
post office address is 2212-2216 Drew Street, an unaddressed parcel, and 2205 Norman Drive,
to June 20, 2007.
AND
7.3 Continue second reading of Ordinance 7786-07, amending the zoning atlas of the City by
zoning certain real property whose post office address is 2212-2216 Drew Street, an
unaddressed parcel, and 2205 Norman Drive, to June 20, 2007.
Councilmember Cretekos moved to continue Items 7.1, 7.2, and 7.3 to June 20, 2007.
motion carried
The was duly seconded and unanimously.
7.4 Adopt Ordinance 7817-07 on second reading, amending the future land use plan element of
the Comprehensive Plan of the City to change the land use designation for certain real property
whose Post Office address is 2667 SR 590, from Residential Urban to Residential Office
Limited.
Ordinance 7817-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7817-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council 2007-06-07 2
7.5 Adopt Ordinance 7818-07 on second reading, amending the Zoning Atlas of the City by
rezoning certain real property whose Post Office address is 2667 SR 590, from Medium Density
Residential (MDR) to Office (O).
Ordinance 7818-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7818-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.6 Adopt Ordinance 7821-07 on second reading, annexing certain real property whose post
office address is 1995 North Betty Lane, into the corporate limits of the City and redefining the
boundary lines of the City to include said addition.
Ordinance 7821-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7821-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.7 Adopt Ordinance 7822-07 on second reading, amending the future land use plan element of
the Comprehensive Plan of the City to designate the land use for certain real property whose
post office address is 1995 North Betty Lane, upon annexation into the City of Clearwater, as
Residential Urban.
Ordinance 7822-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7822-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.8 Adopt Ordinance 7823-07 on second reading, amending the Zoning Atlas of the City by
zoning certain real property whose post office address is 1995 North Betty Lane, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7823-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7823-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council 2007-06-07 3
City Manager Reports
8 - Consent Agenda
– Approved as submitted, less Item 8.2.
8.1 Approve a Vehicle Towing Service Contract between the City of Clearwater and B.J.’s
Towing, Inc., for a three-year period (August 1, 2007 – July 31, 2010) with a two-year renewal
option upon expiration of the contract and authorize the appropriate officials to execute same.
(consent)
8.2 – See below.
8.3 Approve submission of an application for federal funding in the amount of $103,408 to the
U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) under the 2007 Edward
Byrne Memorial Justice Assistance Grant (JAG) program. (consent)
8.4 Accept Easement For Ingress/Egress and Utilities over, under and across portions of Block
12, MAGNOLIA PARK SUB., and Block 12, COURT SQUARE SUB., totaling 7,642 square-feet,
as conveyed by The Church of Scientology Religious Trust in consideration of receipt of $1 and
the benefits to be derived therefrom. (consent)
8.5 Award a contract for “Demolition of Commercial Structure – Jack Russell Stadium, 801
Phillies Drive (07-0002-PR)" to JVS Contracting, Inc. of Tampa, Florida for the sum of $104,280,
which is the lowest responsible bid received in accordance with the plans and specifications and
authorize the appropriate officials to execute same. (consent)
8.6 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)
8.7 Appoint Donald McFarland to the Marine Advisory Board with the term expiring on June 30,
2011. (consent)
8.8 Schedule an attorney client session in the case of Crouch v. City, Case 93-2860-CI-21, for
June 18, 2007 at 12:30 p.m. (consent)
Councilmember Doran moved to approve the Consent Agenda as submitted, less Item
motion
8.2, and that the appropriate officials be authorized to execute same. The was duly
carried
seconded and unanimously.
8.2 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), a case regarding billboard amortization. Patrick was
succeeded by Eller Media Company and then by Clear Channel Outdoor, Inc. As part of the
Council 2007-06-07 4
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
US 19. Clear Channel selected a site at 19246 US 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 US 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 US 19 site to allow the new billboard.
Clear Channel representative Gray Allen said two palm trees, on a separate US 19
property 500 feet from the sign, would block the sight line for a 40-foot tall billboard. He said
approval of the additional height will result in removal of the sign on Belcher Road before its
scheduled removal.
In response to questions, Planning Director Michael Delk said the agreement meets
Code requirements and obtains redevelopment of property on Drew Street. An overpass is
planned for the intersection near 19246 US 19. The City is pursuing Code enforcement issues
on that property.
Discussion ensued with support expressed for removal of the Belcher Road sign but
disappointment expressed that a taller sign will be allowed on US 19. It was stated that
billboard heights will increase when the overpass is constructed. The billboard will not feature a
changeable board.
Councilmember Doran moved to approve the Modification to Settlement Stipulation
between the 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.
motion carried
The was duly seconded and unanimously.
9 - Other items on City Manager Reports
9.1 Authorize the refunding of the outstanding Gas Revenue Bonds, Series 1998 and the cash
defease of the outstanding Gas Revenue Bonds, Series 1997B and adopt Resolution 07-15.
The Gas Revenue Bonds, Series 1998 (interest rates from 4.25% to 5.0%) and the Gas
Revenue Bonds, Series 1997B (interest rates from 4.5% to 5.0%) are eligible for refunding and
defeasance on September 1, 2007. In order to defease the 1997B Bonds, a transfer of funds
from the CIP (Capital Improvement Project) fund in the amount of $3,100,000 to the Gas
operating fund 423 is required. Funds will come from project 315-96378 in the amount of
$2,240,000, Pasco new mains and service lines and project 315-96379 in the amount of
$860,000, Gas meter change out Pasco. These two projects, which were geared for the
increasing housing market, will not be impacted by the transfer of these funds because of the
slowdown in the construction industry.
Council 2007-06-07 5
A quarterly budget amendment will transfer these funds to the debt service funds for the
payoff of the 1997B Bonds. The Gas System will use the savings from the 1997A defeasance
to shorten the duration the 1998 bonds are outstanding by four years, with the bonds being fully
paid off on September 2019 instead of September 2023. This refunding/defeasance is
expected to have a net present value savings of approximately $355,000 to the City. The bonds
will be sold competitively and the bonds will not be refunded if adequate savings are not going
to be realized.
Councilmember Cretekos moved to authorize the refunding of the outstanding Gas
Revenue Bonds, Series 1998 and the cash defease of the outstanding Gas Revenue Bonds,
motion carried
Series 1997B. The was duly seconded and unanimously.
Resolution 07-15 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 07-15 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
9.2 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 one year commencing July 1, 2006,
through June 30, 2007 and authorize the appropriate officials to execute same.
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 the 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.
Due to concerns regarding roll back rate of revenue to be imposed by the State
Legislature, the Council directed this agreement address only the 2006-07 school year. The
School Board and Superintendent will be contacted regarding their fully funding the SRO’s in
the future.
The annual salaries and benefits for the four officers is approximately $237,560 and will
be provided from the Police Department’s operating budget. The School Board will reimburse
the City $156,395.
Assistant City Manager Garry Brumback congratulated Police Chief Sid Klein for the
department’s recent re-accreditation.
Councilmember Petersen moved to 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 one year commencing July 1, 2006, through June 30, 2007 and authorize the appropriate
motion carried
officials to execute same. The was duly seconded and unanimously.
Council 2007-06-07 6
9.3 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 effected 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.
Three people encouraged the City to begin the project as soon as possible.
Councilmember Cretekos moved that the City Council had determined 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 authorize 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
motion carried
appropriate officials to execute same. The was duly seconded and
unanimously.
Council 2007-06-07 7
Resolution 07-16 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 07-16 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
10 - City Manager Verbal Reports - None.
11 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; complimented sponsors and the youngsters recognized at the Good Acts
luncheon; congratulated Police Chief Klein for the department's recent re-accreditation; and
reviewed poll results and articles regarding proposed tax reforms.
Council member Cretekos expressed concern that residents are misinformed regarding
the TIF (Tax Increment Financing) contribution to the downtown Marriott Hotel. The City
Attorney reviewed CRA (Community Redevelopment Agency) funding, which must be used in
the downtown area and does not affect the General Fund.
Councilmember Petersen congratulated Fire Chief Geer for being named Chief Fire
Officer.
Council member Cretekos complimented Sandy Herman for spearheading the School
Facility Task Force; encouraged residents to thank Coast Guardsmen for their efforts;
welcomed new commanding officer at Clearwater Air Station.
Mavor Hibbard congratulated David Zeits for earning his Eagle Scout badge and all
recent high school graduates; reported that Congressman Young has opened a office at SPC
(St. Petersburg College) in Seminole, reported the Beach Walk project is progressing nicely,
and reviewed a project revealing the historic fa<;ade of a downtown building.
12 - Adjourn
The meeting adjourned at 7:26 p.m.
~.,~ ~.,;
'--MaYor
City of Clearwater
~
~Z. ~Ooo.
Cit lerk
Council 2007-06-07
8