08/02/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 2, 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
Brenda K. Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Fred Ball of Skycrest United Methodist 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 - Approval of Minutes
4.1 City Council – July 19, 2007 Council Meeting
Councilmember Petersen moved to approve the minutes of the July 19, 2007 meeting,
as recorded and submitted in written summation by the City Clerk to each Councilmember. The
motioncarried
was duly seconded and unanimously.
5 - Citizens to be Heard re Items Not on the Agenda
Eva Kunowska questioned why Clearwater beach cannot be designated a CRA
(Community Redevelopment Agency) and complained that she did not know last year that
Beach Walk construction would reduce parking spaces at her motel.
Public Hearings - Not before 6:00 p.m.
6Administrative Public Hearings
–
6.1 Award a Contract for $4,451,404.10 for the construction of a new fire training facility and
renovation to the existing training building; construction of a pre-engineered metal
storage/supply building; construction of a pre-manufactured training burn tower; installation of
approximately 8,000 square-yards of asphalt paving; expansion of the existing storm water
pond; and related utilities, to Bandes Construction of Dunedin, FL, being the lowest responsible
bid in accordance with plans and specifications, award a Contract for $29,715 to Cumbey &
Fair, Inc. (EOR) of Clearwater, Florida, for site related construction engineering and inspection
Council 2007-08-02 1
(CEI), for a total project amount of $4,481,119.10, authorize the appropriate officials to execute
same and approve increasing Penny for Pinellas funding for this project by $1,348,500 by
reducing Penny for Pinellas funding for the Station 48 Renovation/Expansion project by that
same amount.
The current Clearwater Fire & Rescue Training Facility was constructed in 1976 and no
longer meets the growing training requirements of the Department. The single classroom limits
the number of classes taught and the number of students. The proposed project provides for
the construction of a 8,967 square-foot training (classroom) building which will include three
classrooms, an exercise workout room, both male and female bathrooms and locker facilities, a
protective clothing storage, cleaning, and drying area with additional support space. This facility
also will be constructed as a category 5 structure capable of providing a secure facility for fire
and rescue operations during hurricane and storm activation. Construction will provide for a
future addition of a larger City EOC (Emergency Operations Center) when funding becomes
available. The current office and classroom will be renovated into training staff offices.
The existing burn tower no longer can be used for realistic live fire training and does not
provide the capacity for additional training which is relevant to the types of real emergency
scenarios which firefighters face in Clearwater. This project also will provide for the construction
of a pre-manufactured metal training burn tower, which will provide realistic high rise, multi-
family, single-family, hotel and motel fire and emergency response training. It also will provide
for a variety of specialized training.
The project will further provide for the construction of a 4,400 square-foot pre-
engineered metal storage/supply building, which will provide needed space for fire department
equipment, EMS (Emergency Medical Services) supplies and protective gear. It also will
provide a space for repair of department self-contained breathing apparatus. The current
storage/supply facility is located at 2150 Range Road, Clearwater and is located in the same
facility as the department’s fire truck maintenance garage. As part of the City’s Fleet
Maintenance Facility Expansion, the fire truck maintenance operation will be consolidated with
City Fleet Maintenance, the Fire storage/supply facility will relocate to the new building at the
Fire Training Facility location, and the property on Range Road will be sold.
Cumbey & Fair (EOR) will provide post design services during the construction period,
which includes engineering assistance with onsite observations and interpretations, review of
shop drawings, attending meetings, providing record drawings, and certifications for the City of
Clearwater, Southwest Florida Water Management District (SWFWMD) and the Florida
Department of Environmental Protection (FDEP).
The Fire and Rescue Department will be responsible for the day-to-day facility
operations, and the Building Maintenance Department will be responsible for facility
maintenance. The total budget for the entire project including construction, site development,
professional services, and other related costs is approximately $4,915,000 and detailed on the
Capital Improvement Project checklist. Annual operating costs for the facility are anticipated to
be approximately $26,000 more than the current training facility and will be absorbed by the Fire
Department operating budget. The Construction period is 450 days estimated to start in
September 2007 and finishing in December 2008.
Council 2007-08-02 2
Councilmember Cretekos moved to award a Contract for $4,451,404.10 for the
construction of a new fire training facility and renovation to the existing training building;
construction of a pre-engineered metal storage/supply building; construction of a pre-
manufactured training burn tower; installation of approximately 8,000 square yards of asphalt
paving; expansion of the existing stormwater pond; and related utilities, to Bandes Construction
of Dunedin, FL, being the lowest responsible bid in accordance with plans and specifications,
award a Contract for $29,715.00 to Cumbey & Fair, Inc. (EOR) of Clearwater, Florida, for site
related construction engineering and inspection (CEI), for a total project amount of
$4,481,119.10, authorize the appropriate officials to execute same and approve increasing
Penny for Pinellas funding for this project by $1,348,500 by reducing Penny for Pinellas funding
motion
for the Station 48 Renovation/Expansion project by that same amount. The was duly
carried
seconded and unanimously.
7Second Readings- Public Hearing
–
7.1 Adopt Ordinance 7837-07 on second reading, annexing certain real property whose post
office address is 863 Lake Forest Road, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7837-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7837-07 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.
7.2 Adopt Ordinance 7838-07 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 863 Lake Forest Road, upon annexation into the City of Clearwater, as
Residential Urban.
Ordinance 7838-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7838-07 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.
7.3 Adopt Ordinance 7839-07 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 863 Lake Forest Road, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7839-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7839-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
Council 2007-08-02 3
"Nays": None.
7.4 Adopt Ordinance 7840-07 on second reading, annexing certain real property whose post
office address is 1403 Regal Road, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7840-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7840-07 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.
7.5 Adopt Ordinance 7841-07 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 1403 Regal Road, upon annexation into the City of Clearwater, as
Residential Low.
Ordinance 7841-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7841-07 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 7842-07 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1403 Regal Road, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7842-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7842-07 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 7845-07 on second reading, vacating the five-foot utility easement lying
along the east property lines of Lots 8 through 13, inclusive, Melody Subdivision.
Ordinance 7845-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7845-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
Council 2007-08-02 4
"Nays": None.
City Manager Reports
8 - Consent Agenda -
Approved as submitted.
8.1 Transfer $482,818 from the General Fund, fund 010, to the Special Programs Fund, fund
181 to set aside for future year building permitting costs.
8.2 Approve the Ninth Amendment to the Chi Chi Rodriguez Foundation lease agreement and
approve a continuing and unconditional guaranty agreement to Bank of America (BOA) for a
total aggregate sum not to exceed One Million Dollars ($1,000,000) for a loan held by the Chi
Chi Rodriguez Youth Foundation, Inc., in the operation of the Chi Chi Rodriquez Golf Course
located on McMullen Booth Road and authorize the appropriate officials to execute same.
(consent)
8.3 Approve Pinellas County Recreational Grant Funding Agreement for the Countryside
Community Park Enhancements in the amount of $125,000 and authorize the appropriate
officials to execute same. (consent)
8.4 Award a Contract (Blanket Purchase Order) in the amount of $225,000 to Wingfoot
Commercial Tire of Clearwater, FL for the purchase of tires that will be used by all Departments
using City vehicles during the contract period September 1, 2007 through August 31, 2008, in
accordance with Code or Ordinances Sec 2.564 (1)(d) - Florida State Contract 863-000-06-1
and authorize the appropriate officials to execute same. (consent)
8.5 Approve and convey to Florida Gas Transmission Company, a Delaware corporation
("Grantee"), a non-exclusive Perpetual Gas Transmission Pipeline Easement containing 2,756
square feet, more or less, and two ten-month Temporary Construction Easements containing a
total of 11,646 square-feet, more or less, over, under and across portions of the West ½ of Sec.
8-29-16, in consideration of receipt of $30,112.50 and Grantee's faithful compliance with the
terms and conditions established therein, and authorize appropriate officials to execute same.
(consent)
8.6 Approve agreement with Pennington, Moore, Wilkinson, Bell, and Dunbar, P.A. to provide
lobbying services at the state level from 10/1/2007 to 9/30/2012 at a cost of $4,000 per month,
plus expenses estimated not to exceed $4,800 per year and authorize the appropriate officials
to execute same. (consent)
8.7 Approve nominating the following for Florida League of Cities Excellence Awards: Frank
Hibbard as Mayor of the Year, Margie Simmons as Finance Officer of the Year, Pam Akin as
City Attorney of the Year and Duke Tieman as Citizen of the Year. (consent)
8.8 Authorize an increase of $100,000 to the monetary limit on the contract with the firm of
Thompson Goodis for outside counsel services related to representation in Crouch v. City of
Clearwater et al, Case 93-2860-CI –21. (consent)
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Councilmember Doran moved to approve the Consent Agenda as submitted and that the
motion
appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
9 - Other items on City Manager Reports
9.1 Approve a Utility Work By Highway Contractor Agreement with the State of Florida’s
Department of Transportation to install natural gas mains during improvement project, FPN:
257155-1-56-03/Pinellas County, SR688 (Ulmerton Road) from just East of 119 Street to just
West of the Seminole Bypass Canal, at an estimated cost of $271,500, and adopt Resolution
07-19.
The Florida Department of Transportation (FDOT) has a project to widen/improve SR688
(Ulmerton Road) from just East of 119 Street to just West of the Seminole Bypass Canal
including roadway, sidewalk, other improvements, and utilities to include those existing
Clearwater Gas facilities which conflict with the design. Under the Utility Work By Highway
Contractor Agreement (UWBHC), the State of Florida’s Department of Transportation general
contractor will perform the relocation of existing natural gas mains. Having the State of Florida’s
Department of Transportation general contractor install the natural gas mains allows for work to
be done in a timely manner and releases Clearwater Gas System from penalty payments.
Councilmember Cretekos moved to approve a Utility Work By Highway Contractor
Agreement with the State of Florida’s Department of Transportation to install natural gas mains
during improvement project, FPN: 257155-1-56-03/Pinellas County, SR688 (Ulmerton Road)
from just East of 119 Street to just West of the Seminole Bypass Canal, at an estimated cost of
motioncarried
$271,500. The was duly seconded and unanimously.
Resolution 07-19 was presented and read by title only. Councilmember Petersen moved
to pass and adopt Resolution 07-19 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 Continue Declaring Mediterranean Village Tract 5 Surplus to a date uncertain.
motion
Councilmember Doran moved to continue Item 9.2 to a date uncertain. The was
carried
duly seconded and unanimously.
Miscellaneous Reports and Items
10 – City Manager Verbal Reports – None.
11 - Council Discussion Items
Council 2007-08-02 6
11.1 Supervised Minors in Recreation Centers
A request has been made to allow children under 14 to use the recreation center fitness
centers under parental supervision.
Parks & Recreation Director Kevin Dunbar said recreation facilities have been designed
to allow staff to monitor the various areas within the centers but not supervise. If participants
younger than fourteen are permitted, eight FTEs (Full-Time Equivalent) are needed to provide
adequate supervision.
Discussion ensued. The Council directed staff to draft a policy, for Council review, that
allows children as young as 12 to use the fitness center if supervised by a parent; supervision to
mean the parent can not be working out while the child is using the equipment and requiring the
parent to sign a form committing to the supervision and waiving city liability.
11.2 Beach Renourishment at Clearwater Pass
Discussion ensued regarding an e-mail from Clearwater Pass property owners who want
to finance a project to renourish their beaches.
In response to questions, Marine & Aviation Director Bill Morris said the State and
County have concerns regarding the ability to stop boater access to subject properties without
jetties. No plans have been submitted. The County has requested a City letter of support or
guidance regarding boater safety issues. Mr. Morris expressed concern with forcing boaters
into strong pass currents.
Assistant City Attorney Laura Lipowski said she had responded to the FDEP (Florida
Department of Environmental Protection) request for a letter verifying consistency with the
Comprehensive Plan. She has received no additional information since February when she
met with project representatives, who had not completed the applications.
David Tackney, project engineer, reviewed project details and said the group is
requesting a statement of support, as the County will not approve the project until the City
addresses the boating safety plan. He requested City input regarding what it would approve.
It was requested that Mr. Tackney submit a project plan for Council review.
12 - Other Council Action
Council 2007-08-02 7
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; budget hearing is on August 13, 2007; expressed sympathy to the City of
Minneapolis regarding the bridge collapse.
Council member Cretekos reported he completed 100 days as a Councilmember;
thanked the Council for their hard work and dedication; encouraged residents to attend Council
meetings and participate in Homeowners Associations, etc.; thanked management and staff for
their hard work; wished Godspeed to Assistant City Manager Garry Brumback.
Council member Petersen congratulated Cretekos on his 100 days as Councilmember;
reported the DDB (Downtown Development Board) plans to install parking meters on Cleveland
Street to encourage parking turnover for downtown shops; the DDB will hold an election on
October 9, 2007 for three seats.
Councilmember Doran expressed sympathy to the family of Mike Sabota; encouraged all
to obtain a copy of the city's hurricane preparedness handbook.
Mavor Hibbard thanked Kiwanis and volunteers for health fair; Sand pearl will be a great
addition to Clearwater Beach; recommended campaign to promote the beach after Beach Walk
and other projects are complete; Good Business Tampa Bay is highlighting downtown.
13 - Adjourn
The meeting adjourned at 7:46 p.m.
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Council 2007-08-02
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