02/06/2020
City Council Meeting Minutes February 6, 2020
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, February 6, 2020
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes February 6, 2020
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze,
Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and
Councilmember David Allbritton
Also Present: William B. Horne II – City Manager, Michael Delk – Assistant City
Manager, Pamela K. Akin City Attorney, Rosemarie Call – City Clerk,
and Nicole Sprague – Deputy City Clerk
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order – Mayor Cretekos
The meeting was called to order at 6:00 p.m. in Council Chambers at the
Main Library.
2. Invocation – Father James Paris from Holy Trinity Greek Orthodox Church
3. Pledge of Allegiance – Councilmember Polglaze
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) – Given.
4.1 Outback Bowl Presentation - Mike Schulze, Outback Bowl Director of Communications
and Sponsorships; Chuck Riggs, Outback Bowl Board of Directors
Messrs. Schulze and Riggs provided a PowerPoint presentation, thanked
the City for their continued support and presented the Council with a
commemorative plaque.
5. Approval of Minutes
5.1 Approve the January 16, 2020 City Council Meeting Minutes as submitted in written
summation by the City Clerk.
Councilmember Allbritton moved to approve the January 16, 2020
City Council Meeting Minutes as submitted in written summation
by the City Clerk. The motion was duly seconded and carried
unanimously.
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City Council Meeting Minutes February 6, 2020
6. Citizens to be heard re items not on the agenda
Patrick Raftery opposed renaming Coachman Park to Coachman
Commons and suggested not changing the park's name.
Daniel Haluba requested all public records related to the City v.
Applegate settlement case and stated that staff's public comments on
the matter was deceptive.
Mike Riordon suggested it was time for a comprehensive annual
neighborhood survey that can be conducted via the internet and
expressed concerns regarding a recent newspaper article related to the
departure of the Parks and Recreation Director.
Frank Scalzo expressed concerns with the noise levels at the Airpark due
to the aviation school's increased activity and suggested getting the
adjacent neighborhood involved if future expansions are considered. He
said the planes take off every two minutes, creating noise levels that are
unbearable for his family and neighbors.
7. Consent Agenda – Approved as submitted.
7.1 Approve the Addendum to the Agreement between Intelli-Mark Technologies, Inc. (ETIX)
and the City of Clearwater (City) to provide for more specific terms and conditions and
authorize the appropriate officials to execute same. (consent)
7.2 Approve a one-year Service Agreement between the American Red Cross and the City
of Clearwater for Aquatic Examiner Services to provide assessments for lifeguard
operations at the Long Center to ensure the highest level of standards and safety for
patrons and lifeguards for an estimated cost not to exceed $4,000 and authorize the
appropriate officials to execute same. (consent)
7.3 Approve an agreement between Beasley Media Group, Inc. and the City to host the 2020
Wild Splash Event at Coachman Park on March 7, 2020, approve a reimbursement
payment to Beasley Media Group, Inc. from ticket sales made during the event and
authorize the appropriate officials to execute same. (consent)
7.4 Approve Host Venue Agreement between the City and Competitor Group, Inc. (CGI) to
conduct Rock ‘n’ Roll running events in Clearwater Florida for five years, beginning
October 23-25, 2020 through October 2024, approve an estimated cost of $40,000 of
in-kind contributions to be included as a co-sponsored special event for Fiscal Year
2020/21 operating budgets and authorize the appropriate officials to execute same.
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City Council Meeting Minutes February 6, 2020
(consent)
7.5 Approve the final plat for Aspen Trail, whose physical address is 3474 Aspen Trail and
located south of Curlew Road and east of US 19. (consent)
7.6 Approve the final plat for Santorini Trace, whose physical address is 1501 South
Highland Avenue and located on the southeast corner of Nursery Road and Highland
Avenue. (consent)
7.7 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a
Duke Energy, for the installation, operation and maintenance of electric facilities to
support Duke’s new transformer and facility installation at 3060 N McMullen Booth Road
and authorize the appropriate officials to execute same. (consent)
7.8 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a
Duke Energy, for the installation, operation and maintenance of electric facilities to
support Duke’s new infrastructure installation west of S. Gulfview Blvd., Clearwater Beach
and authorize the appropriate officials to execute same. (consent)
7.9 Authorize an increase of $116,913 to Purchase Order 20000118 to Municipal Equipment
Co., LLC, Orlando, FL to fund the outfitting of personnel with appropriate Personal
Protective Equipment (PPE), increasing the not-to-exceed amount from $138,087 to
$255,000 for the period of October 3, 2019 through June 30, 2020, with a possible two
one-year renewal options at an annual amount not-to-exceed $255,000, pursuant to
Clearwater Code of Ordinances Section 2.564(b) - Other Governmental Bid, and
authorize the appropriate officials to execute the same. (consent)
7.10 Authorize a Purchase Order to the vendors identified below in the cumulative annual
not-to-exceed amount of $50,000 to provide fire clothing and equipment for the initial
term, February 15, 2020 through February 14, 2021, with two one-year renewal options
pursuant to City of Clearwater’s Invitation to Bid 05-20, Fire Clothing and Equipment, and
authorize the appropriate officials to execute same. (consent)
7.11 Declare surplus and authorize disposition of identified vehicles and equipment via
auction to the highest bidder, pursuant to Clearwater Code of Ordinances Section 2.622,
Surplus Personal Property and authorize the appropriate officials to execute same.
(consent)
7.12 Authorize a purchase order to multiple vendors as listed, for various floor repairs and
replacements, in the amount of $500,000 for the period January 1, 2020 through
September 30, 2020, and the annual not-to-exceed amount of $500,000 for Fiscal Year
2021 through the expiration of respective contract, or through the end of Fiscal Year
2023, whichever comes first, for a not-to-exceed amount of $2,000,000 for the total
period, per Clearwater Code of Ordinances Section 2.564(1)(b) - Sole Source and
2.564(1)(d) - Other Government Entities Contracts and authorize the appropriate officials
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to execute same. (consent)
7.13 Authorize a purchase order to multiple vendors as listed, for various roof repairs and
replacements, in the amount of $500,000 for the period January 1, 2020 through
September 30, 2020, and annual not-to-exceed amount of $500,000 for Fiscal Year 2021
through the expiration of respective term of the contract or through the end of Fiscal Year
2024, whichever comes first, for a not-to-exceed amount of $2,500,000 for the total
period, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other
Government Entities Contracts and authorize the appropriate officials to execute same.
(consent)
7.14 Authorize a purchase order to L and T Brothers Inc., DBA Lowes, for various interior and
exterior painting, in the amount of $225,000 for the period of February 1, 2020 through
September 30, 2020 and the annual not-to-exceed amount of $300,000 for Fiscal Year
2021 through July 16, 2023, for a total not-to-exceed amount of $1,125,000 for the
42-month period, per Clearwater Code of Ordinances Section 2.564(1)(d) Other
Government Entities Contracts and authorize the appropriate officials to execute same.
(consent)
7.15 Authorize a purchase order to Overhead Door of Clearwater, FL for various maintenance,
repair, replacement and new overhead doors, in the not-to-exceed amount of $350,000
from January 1, 2020 through May 24, 2021, pursuant to Clearwater Code of Ordinances
Section 2.564(1)(d) Other Government Entities Contracts, and authorize the appropriate
officials to execute same. (consent)
7.16 Authorize a purchase order to multiple vendors as listed, for various plumbing
replacement and repair parts, in the annual not-to-exceed amount of $375,000 for
contract term January 15, 2020 through the expiration of their respective term of contract
or January 15, 2022, whichever occurs first, for a total not-exceed amount of $750,000 for
the two-year period, pursuant to Clearwater Code of Ordinances Section 2.564(1)(c) -
Small dollar purchases and Section 2.564(1)(d) - Other Government Entities Contracts,
and authorize the appropriate officials to execute same. (consent)
7.17 Appoint to the Airpark Advisory Board Kelli O’Donnell, as a regular member with a term
to expire December 31, 2023, Bruce Brock, as the Ex Officio member with a term to
expire February 29, 2024 and appoint John B. Renton as a regular member with a term
effective May 1, 2020 through May 1, 2024. (consent)
7.18 Appoint Danny Olda to the Public Art and Design Board as the Creative Pinellas
designee with term to expire February 28, 2024. (consent)
7.19 Appoint Marita Lynch to the Environmental Advisory Board to fill the remainder of an
unexpired term until December 31, 2021. (consent)
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7.20 Reappoint Mary Ann Lane to the Nuisance Abatement Board with term to expire February
28, 2024. (consent)
Councilmember Polglaze moved to approve the Consent Agenda
as submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Declare surplus certain city-owned real property located at 1730 Overbrook Avenue for
the purpose of entering into a Ground Lease with Jolley Trolley Transportation of
Clearwater, Inc. for development and lease of the site; approve the related Ground Lease
Agreement between Jolley Trolley Transportation of Clearwater, Inc. and the City of
Clearwater, and authorize the appropriate officials to execute same. (APH)
The City acquired a 4.1-acre site on the Southwest corner of Overbrook Avenue
and Betty Lane on November 9, 2002 for $750,00.00. The site was acquired for
the Stevenson Creek Estuary Restoration Project. The Stevenson Creek
Estuary Restoration Project was completed and a new Fire station 51 built on
the east +/- 1.6 acres of the Overbrook Avenue site. The remaining +/- 2.50
acres of unimproved land on the west side of the site at 1730 Overbrook
Avenue is not being used for municipal use. Jolley Trolley Transportation of
Clearwater, Inc. requested the +/- 2.50-acre site at 1730 Overbrook Avenue be
declared surplus for the purpose of a long-term ground lease with the City of
Clearwater. Jolley Trolley intends to build their new corporate complex on the
site.
An independent appraisal was performed by James Millspaugh and Associates
on the city-owned 1730 Overbrook Ave site and was determined to have a
$450,000 fair market value as of January 17, 2019.
The initial term of the proposed Ground Lease Agreement between Jolley
Trolley Transportation of Clearwater, Inc. (Lessee) and the City of Clearwater
(Lessor) shall be 25 years commencing on the date of execution of the lease.
Lessee is hereby granted an option to renew the Lease Agreement with Lessor
for up to 3 successive additional periods of 5 years each, upon the same terms
and conditions of the original ground lease.
Lessee agrees to pay annual rent in monthly installments to Lessor for use of
1730 Overbrook Ave. site as follows: for the first 10 years during which this
lease remains in effect the Annual Rent shall be Zero Dollars ($0.00). At the end
of year 10, the Annual Rent shall be adjusted for years 11 through 17 calculated
to be an amount equal to 50% of the Market Rental Rate, as defined in the lease
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City Council Meeting Minutes February 6, 2020
agreement. At the end of year 17, the Annual Rent shall be adjusted for years 18
through 25 calculated to be an amount equal to 100% of the Market Rental Rate
as defined in the lease agreement.
The Ground Lease agreement between Lessee and Lessor provides Jolley
Trolley a new site to build a complex for their general business practices and
parking of their trolleys in support of public transportation on Clearwater Beach
and throughout Pinellas County.
City staff have reviewed and support declaring the 1730 Overbrook Avenue
property surplus and the Ground Lease Agreement between Jolley Trolley
Transportation Clearwater Inc. and the City of Clearwater.
Applicant representative Brian Aungst reviewed the request. He said the
site will be used to store the vehicles and will not be used as a public
transportation stop. Six trolleys will leave at a time and will return when
their shifts are completed before another six trolleys leave to start their
shift. Although the paths to trolley routes have yet to be defined, the
Jolley Trolley has discussed using Betty Lane, Overbrook Avenue or
Palmetto Street as options. Mr. Aungst said the site is two years from being
operational and will not be a high traffic area. There will be six employees in
the administrative office building and six trolley drivers per shift. He said
charter trolleys are offered on the weekends and do not make frequent
stops. The hours of operation are from 8:00 a.m. to 11:00 p.m., with
maintenance ending at 6:00 p.m. Mr. Aungst said the maintenance
component will address tires and oil changes and will take place in two
enclosed bays.
In response to questions, Mr. Aungst said the zoning across the street
from the fire station is commercial; 1730 Overbrook Avenue (site) is
zoned commercial. Jolley Trolley Chief Executive Officer Rosemary
Windsor said there will be no public parking at the site. The trolley
charters will be dispatched to another location for passenger pickup. Mr.
Aungst said there will be two shifts working out of the site.
One individual spoke in support.
One individual expressed concern with anticipated noise levels.
Vice Mayor Cundiff moved to declare surplus certain city-owned
real property located at 1730 Overbrook Avenue for the purpose
of entering into a Ground Lease with Jolley Trolley
Transportation of Clearwater, Inc. for development and lease of
the site; approve the related Ground Lease Agreement between
Jolley Trolley Transportation of Clearwater, Inc. and the City of
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Clearwater, and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9346-20 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 407 N. Belcher Rd., Clearwater, Florida 33759,
from Institutional (I) to Residential/Office General (R/OG).
Ordinance 9346-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9346-20 on
second and final reading.
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.2 Adopt Ordinance 9347-20 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 407 N. Belcher Rd.,
Clearwater, Florida 33759, from Institutional (I) to Office (O).
Ordinance 9347-20 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9347-20 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.3 Adopt Ordinance 9357-20 on second reading, ratifying the adoption of Resolution 19-34,
authorizing the issuance of bonds to finance a portion of the costs of the Imagine
Clearwater project in accordance with the Clearwater Code of Ordinances.
Ordinance 9357-20 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 9357-20 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
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Vice Mayor Cundiff and Councilmember Allbritton
9.4 Adopt Ordinance 9358-20 on second reading, approving amendments to the Clearwater
Code of Ordinances, Chapter 25 - Public Conveyances, to define commercial
megacycles and definitions to establish standards for commercial megacycles, to require
a license for commercial megacycles to be operated in the city and to add penalties;
approve amendments to the Clearwater Code of Ordinances, Chapter 6 - Alcoholic
Beverages, to provide an exemption for megacycle passengers.
Four individuals spoke in opposition.
One individual spoke in support.
One individual supported the pilot program.
In response to questions, Assistant City Attorney Matt Smith said the
permitted alcohol is BYOB (bring your own booze); Florida Statutes
created the exemption that the participants are not subject to the open
container laws. The city ordinance also creates an exemption that allows
the open containers while on the pedal pub. He said it will be up to the
vendor to store the alcohol. The seatbacks and seatbelts are required by
city ordinance. Mr. Smith said the city ordinance mirrors the St.
Petersburg ordinance; some fortified wines have an alcohol content up to
19% and craft beer can go up to 75%.
Discussion ensued with comments made that the six-month trial period
will allow the City to determine if the pedal pubs work. Concerns were
expressed with the impact the slow-paced megacycles will have on
vehicular traffic and that pedal pubs are not needed for Clearwater’s family
friendly beach.
Ordinance 9358-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9358-20 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 3 - Councilmember Polglaze, Councilmember Hamilton and
Councilmember Allbritton
Nays: 2 - Mayor Cretekos and Vice Mayor Cundiff
Motion carried.
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10. City Manager Reports
10.1 Appoint one member to the Community Development Board with term to expire February
28, 2024.
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Michael Boutzoukas
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Main Library APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH
EXPIRES AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW
TERM OR REPLACEMENT BY A NEW APPOINTEE:
1. D. Michael Flanery - 1836 Venetian Point Dr., 33755 - Professional
Civil/Environmental Engineer
Original Appointment: 2/18/16
(2 absences in the last year)
(currently serving 1st term to expire 2/28/20)
Interested in Reappointment: Yes
THE FOLLOWING NAMES ARE ALSO BEING SUBMITTED FOR
CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Chelsea Allison - 309 Lebeau St., 33755 - Sales
2. David Jaye - 2856 Shady Oak Court, 33761 - Real Estate
3. Peter Kohut - 240 Windward Passage Unit 105, 33767 - Civil Engineer
4. William Fisher - 2075 Envoy Ct., 33764 - Registered Architect
Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33761, 2 at 33764
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and 3 at 33767
Current Categories:
1 Administrative Specialist/Asst. Professor
1 Architects
1 Landscape Architect
2 Attorneys
2 Civil Engineers
1 Real Estate Broker
The City Clerk said the agenda item was updated since the work session
to clarify that there is currently one landscape architect and one architect
serving on the Board.
Comments were made that Mr. Flanery brings a different perspective,
lives in a zip code not currently represented on the Board and is the only
environmental engineer serving on the Board. It was stated that there are
several engineers on staff and that it makes sense to appoint another
architect. It was stated that council policy has been to reappoint an
existing board member if they are willing to serve another term. In
response to a comment, the City Manager said the City utilized
engineers of record to fill in expertise gaps where staff is lacking.
Ten individuals spoke in support of reappointing Michael Flanery.
It was stated that Mr. Fisher would love to serve on the Board but would
feel uncomfortable being appointed given the number of individuals
supporting the reappointment of Mr. Flanery.
Vice Mayor Cundiff moved to reappoint D. Michael Flanery to the
Community Development Board with a term to expire February
28, 2024. The motion was duly seconded and carried
unanimously.
11. City Attorney Reports – None.
12. Other Council Action
12.1 skyTram - Vice Mayor Cundiff
Vice Mayor Cundiff presented a video about Beach Tran and said the
resolution does not endorse Beach Tran but encourages their efforts.
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In response to questions, the City Attorney said the resolution does not
commit the City financially or staff support. The City adopted a resolution in
the past that supported aerial transportation
Discussion ensued with comments made that the proposed mode of
transportation is futuristic and the resolution does not commit the City to
anything. A concern was expressed that if the City adopts the resolution
that the City will be asked to support other business ventures. It was
suggested that the Tropicana Field stop be removed from the video
presentation given the recent developments between the City of St.
Petersburg and the Tampa Bay Rays.
Vice Mayor Cundiff moved to approve Item 12.1. The motion was
duly seconded and carried with the following vote:
Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor
Cundiff and Councilmember Allbritton
Nays: 1 - Mayor Cretekos
Motion carried.
One individual spoke in support.
One individual spoke in opposition.
One individual suggested continuing the item to the next meeting to allow
additional time to consider other modes of transportation and wordsmith
the proposed resolution. The individual also suggested removing any
references to a particular vendor.
Resolution 20-07 was presented and read by title only. Vice
Mayor Cundiff moved to adopt Resolution 20-07. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor
Cundiff and Councilmember Allbritton
Nays: 1 - Mayor Cretekos
Motion carried.
13. Closing comments by Councilmembers (limited to 3 minutes) – None.
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City Council
14. Closing Comments by Mayor
15. Adjourn
Meeting Minutes February 6, 2020
Mayor Cretekos reviewed recent and upcoming events and congratulated
Mr. Martinez of Leila G. Davis Elementary School for being named Pinellas
County Teacher of the Year.
The meeting adjourned at 8:08 p.m.
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