12/17/2007
CITY COUNCIL WORK SESSION MINUTES
CITY OF CLEARWATER
December 17, 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
Jill Silverboard Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
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
.
Presentations
Service Awards
Six service awards were presented to City employees.
The December Employee of the Month Award was presented to Paul Cooper, Public
Services Department.
The Council recessed from 1:36 to 1:41 p.m. to meet as the Community Redevelopment
Agency and the Pension Trustees.
The City Manger introduced Michael Pleus, Assistant City Manager for the City of
Deland, Florida.
Parks and Recreation
Approve a Florida Communities Trust (FCT) project grant agreement for the acquisition of
properties creating the Lake Chautauqua Equestrian and Nature Preserve, in the amount of
$4,800,000, between the State of Florida Department of Community Affairs and the City of
Clearwater and authorize the appropriate officials to execute same. (consent)
The purpose of this agreement is to set forth the conditions that must be satisfied by the
City prior to disbursement of FCT funds as well as any restrictions that might be imposed on the
project site prior to reimbursement for project costs. Only when all the conditions are met will
the Council make the final decision regarding accepting these funds.
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The project will provide for the acquisition of approximately 49 acres of land located
south of Lake Chautauqua Park. The parcels are currently owned by the Pinellas County Board
of Public Instruction, Ruppel Farms and George Ruppel.
The project will provide additional invaluable open space and parklands for the citizens
of Clearwater and Pinellas County. This acquisition together with Lake Chautauqua Park (40
acres), and D. D. Davis Park (5 acres) will provide for a regional park of over 94 acres in size.
The successful awarding of this grant of $4.8 million plus the City’s matching funds of
$1.2 million, which will come from available Open Space and Recreation Facility Land Impact
Fees, will provide the necessary cash funds for this project acquisition. These funds, along with
the inclusion of the Pinellas County School Board property value, will create the entire match for
this grant.
In addition to passive park activities like picnicking, nature walks, hiking, bird watching,
etc., there will also be a small nature education center, and continued use of the equestrian
facilities currently on site with expanded equestrian trails. It is anticipated to have the major
facilities provided by a third party operator and the balance absorbed by the Parks and
Recreation budget as resources are transferred due to the property swap with Pinellas County
School Board. No increases in operating budget or FTEs are anticipated.
There will be additional Council approvals needed later in the process for actual land
acquisition, trade of property with Pinellas County School Board, management plan and
expenditure of recreation open space impact fees.
In addition, staff is recommending that for this agreement that Felicia Leonard,
Administrative Support Manager be appointed as “key contact” and the City Manager or his
designee to be appointed to execute all documents relating to this project.
In response to questions, Administrative Support Manager Felicia Leonard said if the
Pinellas County School Board does not approve the bus depot land swap in February, the City
will re-negotiate terms of the grant with FTC, as the awarded grant amount is based on three
parcels. Parks and Recreation Director Kevin Dunbar said the education center would not
require additional FTEs as volunteer groups will run the center. It was stated that the grant
application included a letter of intent from the school board stating the land swap would take
place.
Solid Waste/General Support Services
Award a contract (purchase order) for $450,738.00 to Duval Ford of Jacksonville, Florida for
eighteen (18) Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d), Code of
Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease
Purchase Agreement and authorize appropriate officials to execute same. (consent)
These automobiles will be purchased through the Florida Sheriff's Association & Florida
Association of Counties Contract #07-15-0827. These automobiles are included in the Garage
CIP Replacement List for Budget Year 07/08 and replace G2067, G2074, G2081, G2227,
G2238, G2391, G2392, G2519, G2522, G2523, G2524, G2525, G2526, G2528, G2533, G2537,
G2592, G2687.
General Services Assistant Director Rick Carnley said staff compared the Crown Victoria
to the Impala and recommends the Crown Victoria. He reviewed the inequities found with the
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Impala. The Charger model was more expensive. Mr. Carnley said the state contract does
not include alternative fuel vehicles for police cruisers.
It was suggested that staff contact local vendors for alternative fuel vehicles.
Award a Contract (Purchase Order)to Ring Power of Riverview, FL for the purchase of one
Caterpillar MT525B Tractor with Challenger slope mower at a cost of $117,950.00 in
accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize
lease purchase under City's master lease purchase agreement and authorize appropriate
officials to execute same. (consent)
This slope mower is included in the Garage CIP Replacement List for Budget year 06/07
and will be used by the Storm Water group within Public Services. The slope mower will be
purchased through the Florida Sheriff’s Association Contract # 06-14-0812.
The mower portion of G2372 has outlived its useful life. The tractor has the capability of
operating for several more years. Fleet will remove the mower attachment and place this tractor
in our pool for backup to several Department operations including the beach rake program.
In response to questions, Mr. Carnley reviewed the bidding process. As the City is not
obligated to use the Florida Sheriff’s Association, staff uses the state contract, local dealers and
other contracts as additional resources. Finance Director Margie Simmons said the bidding
software currently is being used for small items and will report to Council in six months
regarding its effectiveness.
Engineering
Approve a work order to Owen Ayres and Associates, Inc. (EOR) in the amount of $140,000.00
for professional engineering services related to the design of the new Clearwater Beach
Recreation Center Boat Ramp and establish the capital improvement program (CIP) project
0315-93408,Clearwater Beach Recreation Center Boat Ramp Replacement in the amount of
$700,000 from the unappropriated retained earnings of the General Fund. (consent)
This work order is for the design and preparation of the construction plans and bid
documents for the replacement of the existing concrete boat ramp located at the east end of
Bay Esplanade and adjacent to the Clearwater Beach Recreation Center.
The existing boat ramp was constructed in the mid 1950’s and is heavily used by the
boating public. In recent years, a steep drop-off has developed at the end of the concrete ramp
due to tidal and wave scour action. This scour has undermined the ramp embankment causing
the concrete slabs to shift and drop. This advanced deterioration of the ramp as well as the
steep drop-off prompted the Marine and Aviation Department to close the ramp for public
safety. Due to citizen requests to reopen the boat ramp, temporary repairs were completed and
operational signage installed. The boat ramp was reopened to the public and is inspected
daily. Additional temporary repairs are completed as needed to keep the boat ramp operational.
The design of the new boat ramp will incorporate additional submerged land extending
the boat ramp further east into Clearwater Harbor thereby eliminating the drop-off. A perpetual
submerged lands easement sufficient for construction and future maintenance of the ramp has
been obtained.
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Owen Ayres and Associates, Inc. will prepare final construction plans, technical
specifications and bid documents for the replacement boat ramp based on the following work
elements:
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Sea-grass survey, ecological investigation report, hydraulic evaluation, and wave action
criteria.
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Conceptual engineering study and plans’ submittal for City review and approvals at 30%,
60% and 90% stages of design.
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Preparation of Engineer’s construction cost estimate at 30%, 60% and 90% stages of
design. Construction materials and costs will be monitored throughout the design
process.
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Preparation and submittal of all necessary permit applications including SWFWMD,
DEP, ACOE, Coast Guard, and Pinellas County, as well as resolving all permit agency
requests for additional information until final permit approvals.
All other work necessary and incidental to the completion of the project during the final
design phase including an updated and detailed Engineer’s construction cost estimate at 100%
stage of design. Owen Ayres and Associates, Inc. is one of the City’s Engineers-of-Record and
this work order was negotiated in accordance with the Consultants Competitive Negotiations
Act.
The City of Clearwater Marine and Aviation Department will own, operate, inspect and
maintain the new boat launch facility.
Funding for this project will be provided by a first quarter budget amendment to establish
CIP project 0315-93408, Beach Recreation Center Ramp Replacement, in the amount of
$700,000 from the un-appropriated retained earnings of the General Fund.
Engineering Director Mike Quillen reviewed the environmental permitting process and
said this project does not lend itself to design and build.
Staff was directed to see if the FI Progress parking lot could be paved.
Planning
Approve amendments to the Community Development Code and pass Ordinance 7835-07 on
first reading.
The Planning Department is recommending a total of 30 amendments to the Community
Development Code. The amendments that present a change in current policy or a new policy
issue are outlined here:
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Parking Requirements for Marinas and Marina Facilities: The parking formula is revised
ensuring that adequate parking will be provided.
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Permitted Uses within Zoning Districts: This amendment adds certain uses as permitted
uses within zoning districts.
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Comprehensive Sign Program: This amendment establishes a formal process for
submittal, review, and action on applications, with specific timeframes.
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Implementation of Levels One and Two Approvals: The amendments provide a
performance specific test to determine substantial development completeness. The
amendments also prevent projects from becoming vested yet remaining inactive.
Other amendments do not have major policy implications, but provide clarity.
The Community Development Board (CDB) reviewed this proposed set of text amendments
at its meeting on November 20, 2007. The Community Development Board unanimously
recommended approval with two recommendations:
1. That Section 3-903. A. be modified to read, “…walkways leading to building entrances,
driveway access to garages….” The Planning Department concurs with the
recommendation, which is incorporated in the attached ordinance.
2. That Planning Department staff study the matter of the number of boat slips per parking
space and provide evidence to substantiate a recommendation for one parking space
per two slips. The recommendation for one parking space per two slips is justified as
follows:
a. Wade Trim conducted research regarding marina high and dry parking needs.
That research actually indicates that one parking space for every two - four boat
slips is adequate to accommodate marinas even in peak demand periods.
Attached please find support material from Wade Trim.
b. The intent of the “one parking space per two slips” amendments, as proposed by
the Planning Department, is to achieve consistency with other parking space
requirements of the Community Development Code.
Assistant Planning Director Gina Clayton reviewed the proposed changes, including
amendments to the ordinance: 1) Change “Publishing and Printing,’ wherever “Publications and
Printing” appear; 2) Change sidewalk requirements to no greater than 42 inches in width; 3)
Define seasonal sales as a sale conducted during traditional holidays or seasons in which
special items are sold; and 4) Ordinance shall take effect immediately upon adoption, except
Sections 4-1001 and 4-1008 of this ordinance shall be effective March 1, 2008.
In response to questions, Ms. Clayton said the changes to sidewalk requirements
discourage paving over the side-yard of residential properties. The ordinance does not change
the limitations of what types of fireworks can be sold but when.
Discussion ensued regarding including language restricting use of hurricane shutters
outside of hurricane season. Staff was directed to provide language.
Concern was expressed regarding the permitting and regulating of signs in downtown. It
was requested that such discussion be scheduled after the holidays.
Official Records and Legislative Services
Approve the 2008 State Legislative Package. (consent)
Each year, the City submits a list of legislative priorities for consideration by the state
legislature during their annual 60-day session in Tallahassee. The City’s legislative liaison works
closely with city management staff, the City’s lobbying team in Tallahassee, and state legislative
delegates representing Clearwater districts, to draft a package that is beneficial to Clearwater,
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and to lobby that package at home and in Tallahassee. Preparation of the package involves
determining areas of need, researching funding availability, identifying needed legislation,
monitoring and evaluating current legislative issues.
The 2008 State Legislative Package includes supporting: continued funding for
programs that benefit municipalities statewide such as Florida Recreation Development
Assistance Program (FRDAP) and housing trust funds under the Sadowski Act; legislation
amending the Firefighter’s Pension Plan to allow alternatives for selecting Trustees and
legislation funding Brownfields cleanup programs.
Development and Neighborhood Services Director Jeff Kronschnabl requested that
Council support proposed legislation that allows law enforcement officers to end a vehicle
pursuit and order impoundment of the vehicle.
Discussion ensued. Staff was directed to add: oppose use of Sadowski funds to balance
budget and support alternatives for highest and best use.
City Manager Verbal Reports
Florida League of Cities – Property Tax Reform Resolution
The City Manager requested guidance from Council regarding the expenditure of public
dollars to oppose proposed property tax reform. Discussion ensued. Consensus was not to
support the resolution.
Other Council Action
Councilmember Cretekos – requested guidance regarding ex-parté communication.
The City Attorney reviewed prohibitions on ex-parté communications prior to quasi-
judicial hearings and stated Councilmembers must disclose all related conversations.
Adjourn
The meeting adjourned at 3:24 p.m.
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