06/05/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 5, 2008
Present: Frank Hibbard Mayor
George N. Cretekos Vice-Mayor
John Doran Councilmember
Carlen Petersen Councilmember
Paul Gibson Councilmember
Also present: Jill S. Silverboard Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Mary K. Diana Assistant City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Pastor Bob Brubaker from Christ Community Presbyterian 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 Pinellas County Commissioner Duncan: Inclusionary Housing Ordinance, and Green
City Action Accord
Pinellas County Commissioner Ronnie Duncan said the County is requesting
municipalities’ input regarding the Inclusionary Housing Ordinance, which addresses affordable
housing, prior to the public hearing process. The proposed countywide ordinance allows for
local jurisdictional control, with incentives and options, and provides that new housing
developments of 20 units or more include a certain percentage of affordable housing. In return
a density bonus of up to 50% may be provided. The objective is to create a balance between
communities’ needs without transferring costs on to other homeowners. The County will
reconvene the first of July to review all comments and determine the best way to proceed.
Cities have the option of opting out.
The Green City Action Accord is a way municipalities can support green practices.
4.2 Excellence in Youth Sportsmanship Award - 2007
John Engh, Chief Operations Officer of the National Alliance for Youth Sports
commended Parks & Recreation staff and the youth in Clearwater for serving as a model to
others.
The Mayor presented the awards.
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4.3 USF Public Administration Program - Dr. Daly
Dr. John L. Daley, USF Public Administration Program, thanked the City for its
continuing support of the public administration program. He recognized Development &
Neighborhood Services Director Jeff Kronschnabl for serving in the public administration
program for more than 10 years and presented him with an award in recognition of his service.
4.4 Proclamation: Clearwater Celebrates Young Artists – June 2008
4.5 Proclamation: National Homeowners Month – June 2008
5. Approval of Minutes
5.1 Approve the minutes of the May 15, 2008 City Council Meeting and the Special Impasse
Meeting of February 16, 2005 as submitted in written summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the May 15, 2008 City
Council Meeting as submitted in written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
Councilmember Doran moved to approve the minutes of the Special Impasse Meeting of
February 16, 2005, as submitted in written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda - None.
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 7940-08 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 1101 and 1201 Gulf Boulevard from
Business (B) to Tourist (T).
Ordinance 7940-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7940-08 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 7951-08 on second reading, annexing certain real property whose post
office address is 1949 Calumet Street, together with the abutting right-of-way of Calumet Street,
into the corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 7951-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7951-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.3 Adopt Ordinance 7952-08 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 1949 Calumet Street, together with the abutting right-of-way of
Calumet Street, upon annexation into the City of Clearwater, as Industrial General (IG).
Ordinance 7952-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7952-08 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.
7.4 Adopt Ordinance 7953-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1949 Calumet Street, together with the
abutting right-of-way of Calumet Street, upon annexation into the City of Clearwater, as
Industrial, Research and Technology (IRT).
Ordinance 7953-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7953-08 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 7954-08 on second reading, annexing certain real property whose post
office address is 1709 El Trinidad Drive East, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
Ordinance 7954-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7954-08 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 7955-08 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 1709 El Trinidad Drive East, upon annexation into the City of
Clearwater, as Residential Low (RL).
Ordinance 7955-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7955-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.7 Adopt Ordinance 7956-08 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1709 El Trinidad Drive East, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7956-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7956-08 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.
City Manager Reports
8. Consent Agenda
– Approved as submitted.
8.1 Approve a $700,000 loan to SP Country Club Homes, LLC to acquire vacant real
property legally described as Lots 1 - 6, Block 3, REVISED PLAT OF BROOKWOOD
TERRACE, as recorded in Plat Book 8, Page 34, Pinellas County Public Records, together with
Lots 1 - 7, and the North 1/2 of Lot 8, FAIR LANE ADDITION, as recorded in Plat Book 11,
Page 16, Pinellas County Public Records, located on Drew Street between North Betty Lane
and Fredrica Drive. (consent)
8.2 Appoint Mr. Dan Carpenter for a two-year term as a Trustee of the Clearwater
Firefighters’ Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State
Statutes. (consent)
8.3 Approve an Agreement with Raymond James & Associates, Inc. to serve as the City’s
Financial Advisor for a five-year period, and that the appropriate officials be authorized to
execute same. (consent)
8.4 Approve settlement of the liability claim of Knology for payment of $39,295.16. (consent)
8.5 Approve the Second and Final Rollover of Bid 07-06, Gas Material Polyethylene Pipe
and Fittings, Lines 1 thru 10 and Line 144 and approve a Purchase Order (PO) be issued in the
amount of $350,000 for the period June 16, 2008, to May 31, 2009, to Chris George Sales Utility
Products. (consent)
8.6 Approve $40,000 of increased funding for CIP 315-93265, Clearwater Beach
Library/Recreation Center; and transfer funds from CIP 315-93210, Memorial Causeway
Landscape Beautification Project that has been completed. (consent)
8.7 Award a contract (Purchase Order) for $191,850.54 to Rush Truck Center of Tampa, FL
for one Peterbilt Model 320 Chassis with an EZ Pack Hercules 40 yard front loader body 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)
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8.8 Ratify and confirm Change Order 1 and Final to TLC Diversified, Inc. of Palmetto, Florida
for the "Marshall St. / Northeast WPC Facilities Odor Control Improvements Project" 05-0062-
UT decreasing the contract amount by ($8,944.50) for a new contract total of $219,085.00 and
approve a time extension of 150 days, and that the appropriate officials be authorized to
execute same. (consent)
8.9 Approve Change Order 1 to Oakhurst Construction Co., Inc. of Seminole, Florida for the
"National Guard Armory Renovations Project" Contract 06-0036-PR increasing the contract
amount by $29,000 for a new contract total of $717,990, approve a time extension of 105 days,
and authorize the appropriate officials to execute same. (consent)
8.10 Approve a Contract for the Purchase of Real Property from Johnie Blunt, to purchase
real property described as GREENWOOD PARK, Block C, Lots 17, 18 and 19 for the sum of
$525,000 plus estimated expenses not to exceed $8,300 for a boundary survey and transaction
closing costs, and authorize the appropriate officials to execute same, together with all
documentation required to effect closing. (consent)
8.11 Approve and convey to Florida Power Corporation, d/b/a Progress Energy Florida, Inc.,
a Florida corporation, non-exclusive perpetual easement for electric distribution service over,
across, and under a portion of Lot 13, CLEARWATER INDUSTRIAL PARK, as same shall lie
contiguous in part and be appurtenant to that certain 10-foot utility easement described in O. R.
Book 4735, page 1501 of the Public Records of Pinellas County, Florida, in consideration of
receipt of $1.00, and other good and valuable consideration, including the benefits to be derived
therefrom, and authorize appropriate officials to execute same. (consent)
8.12 Approve a contract to Westra Construction of Palmetto, Florida, for the construction of
the Marshall Street APCF Process Air System Upgrade Project in the amount of $3,361,600,
which is the lowest responsible bid in accordance with plans and specifications; and approve a
work order for $98,000 to Malcolm Pirnie (EOR) of Tampa, Florida, for project related post-
design engineering services, for a total project amount of $3,459,600, and authorize the
appropriate officials to execute same. (consent)
8.13 Approve a construction contract for the Refurbishment of Pedestrian Bridge Under
FDOT Bridge #150043 (07-0024-EN) to M & J Construction Company of Tarpon Springs,
Florida, for the sum of $149,820 which is the lowest responsible bid received in accordance with
the construction plans and specifications, and that the appropriate officials be authorized to
execute same. (consent)
8.14 Authorize appeal of Circuit Court decision in School Board of Pinellas County v. City of
Clearwater, Case 99-7479-CI-08. (consent)
8.15 Approve City Council Policy: Events sponsored solely by the City are to be held within
Clearwater city limits unless an outside facility submits a bid that is at least 20% less than the
lowest bid from a facility within the city limits. Events sponsored by Clearwater Gas in the
counties and municipalities it serves outside the city limits are exempt.
Councilmember Gibson moved to approve the Consent Agenda as submitted and the
appropriate officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
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9. Other items on City Manager Reports
9.1 Adopt Resolution 08-08, to file a lien for a total cost of $4,158.85 on the property located
at 816 S. Martin Luther King Jr. Avenue, Clearwater, Florida; Legal description: Greenwood Hills
Lot 4: Owner of record Reinaldo DeCarvalho, 10708 53rd Avenue, St. Petersburg, Florida
33708.
On June 2, 2006, the City Building Official determined that the residential structure
located at 816 S. Martin Luther King Jr. Avenue was unsafe, unsanitary, unfit for human
habitation, was dangerous and detrimental to the health, safety and general welfare of the
community, and therefore, did not comply with the requirements of the Clearwater Code of
Ordinances and the Standard Building Code. The property owner was notified, however the
owner did not abate the unsafe conditions within a specified time period. After taking the
required legal steps, the City hired a contractor and the structure was demolished on December
14, 2007.
Staff recommends approval of Resolution 08-08, which allows a lien to be placed on the
property in the amount of $4,158.85 for all cost incurred by the City after ordering the owner to
abate a dangerous structure at 816 S Martin Luther King Jr. Avenue.
Councilmember Gibson moved to approve filing a lien for a total cost of $4,158.85 on the
property located at 816 S. Martin Luther King Jr. Avenue, Clearwater, Florida; Legal description:
Greenwood Hills Lot 4: Owner of record Reinaldo DeCarvalho, 10708 53rd Avenue, St.
Petersburg, Florida 33708. The motion was duly seconded and carried unanimously.
Resolution 08-08 was presented and read by title only. Councilmember Petersen moved
to pass and adopt Resolution 08-08 as amended and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
9.2 Adopt Resolution 08-09, to file a lien for a total cost of $3,212.30 on the property located
at 1150 LaSalle Street, Clearwater, Florida; Legal description: Greenwood Park No. 2, Blk E,
Lot 58: Owner of record Joseph F. Zani, 736 Island Way, Unit 1102, Clearwater, Florida 33767.
On February 2, 2007, the City Building Official determined that the residential structure
located at 1150 LaSalle Street was unsafe, unsanitary, unfit for human habitation, was
dangerous and detrimental to the health, safety and general welfare of the community, and
therefore, did not comply with the requirements of the Clearwater Code of Ordinances and the
Standard Building Code. The property owner was notified, however the owner did not abate the
unsafe conditions within a specified time period. After taking the required legal steps, the City
hired a contractor and the structure was demolished on December 14, 2007.
Staff recommends approval of Resolution 08-09, which allows a lien to be placed on the
property in the amount of $3,212.30 for all cost incurred by the City after ordering the owner to
abate a dangerous structure at 1150 LaSalle Street.
Councilmember Doran moved to approve filing a lien for a total cost of $3,212.30 on the
property located at 1150 LaSalle Street, Clearwater, Florida; Legal description: Greenwood Park
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No. 2, Blk E, Lot 58: Owner of record Joseph F. Zani, 736 Island Way, Unit 1102, Clearwater,
Florida 33767. The motion was duly seconded and carried unanimously.
Resolution 08-09 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 08-09 as amended and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
9.3 Adopt Resolution 08-10, to file a lien for a total cost of $12,283.70 on the property
located at 1128 Carlton Street, Clearwater, Florida; Legal description: Greenwood Park, Blk B,
Lot 29 and 30: Owner of record Flaresco Inc., 104 Main St, Greenville, South Carolina 29601.
On June 25, 2004 the City Building Official determined that the residential structure
located at 1128 Carlton Street was unsafe, unsanitary, unfit for human habitation, was
dangerous and detrimental to the health, safety and general welfare of the community, and
therefore, did not comply with the requirements of the Clearwater Code of Ordinances and the
Standard Building Code. The property owner was notified, however the owner did not abate the
unsafe conditions within a specified time period. After taking the required legal steps, the City
hired a contractor and the structure was demolished on December 4, 2007.
Staff recommends approval of Resolution 08-10, which allows a lien to be placed on the
property in the amount of $12,283.70 for all cost incurred by the City after ordering the owner to
abate a dangerous structure at 1128 Carlton Street.
Councilmember Gibson moved to approve filing a lien for a total cost of $12,283.70 on
the property located at 1128 Carlton Street, Clearwater, Florida; Legal description: Greenwood
Park, Blk B, Lot 29 and 30: Owner of record Flaresco Inc., 104 Main St, Greenville, South
Carolina 29601. The motion was duly seconded and carried unanimously.
Resolution 08-10 was presented and read by title only. Councilmember Petersen moved
to pass and adopt Resolution 08-10 as amended and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
9.4 Adopt Resolution 08-11, to file a lien for a total cost of $6,603.15 on the property located
at 1304 N Madison Avenue, Clearwater, Florida; Legal description: Fairmont Sub Blk G, Lot 11
& N 19.2 ft of Lot 12: Owner of record Good Neighbors of South Fla Inc., C/O Keith A
Ringelpaugh, 3347 49th St N., St. Petersburg, Florida 33710.
On June 25, 2004, the City Building Official determined that the residential structure
located at 1304 N. Madison Avenue was unsafe, unsanitary, unfit for human habitation,
dangerous and detrimental to the health, safety and general welfare of the community, and
therefore, did not comply with the requirements of the Clearwater Code of Ordinances and the
Standard Building Code. The property owner was notified, however the owner did not abate the
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unsafe conditions within a specified time period. After taking the required legal steps, the City
hired a contractor and the structure was demolished on January 7, 2008.
Staff recommends approval of Resolution 08-11, which allows a lien to be placed on the
property in the amount of $6,603.15 for all cost incurred by the City after ordering the owner to
abate a dangerous structure at 1304 N. Madison Avenue, Clearwater, Florida.
Councilmember Doran moved to approve filing a lien for a total cost of $6,603.15 on the
property located at 1304 N. Madison Avenue, Clearwater, Florida; Legal description: Fairmont
Sub Blk G, Lot 11 & N 19.2 ft of Lot 12: Owner of record Good Neighbors of South Fla Inc., C/O
Keith A Ringelpaugh, 3347 49th St N., St. Petersburg, Florida 33710. The motion was duly
seconded and carried unanimously.
Resolution 08-11 was presented and read by title only. Councilmember Cretekos moved
to pass and adopt Resolution 08-11 as amended and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
9.5 Approve an amendment to the Code of Ordinances, Appendix A, Article XXVIII,
Business Tax Receipt Fees, for a 5% increase in fees and pass Ordinance 7966-08 on first
reading.
In 1995, the City Council adopted an ordinance that restructured and revised the City’s
Business Tax Receipt fee schedule. That restructure was done in accordance with the
guideline set forth by Florida State Statute 205.013.
Florida State Statute 205.0535 allows municipalities to increase Business Tax Receipt
fees by up to five percent every other year. This requires a majority plus one vote of the
governing body. Rate increases have occurred in 1997, 2000, 2002, and 2005.
A 5% maximum increase in the rates to become effective immediately upon adoption is
requested.
For fiscal year 2006/2007, the Development & Neighborhood Services Department
processed a total of $2,075,983.02 in revenues (revenue code 010-321101). The current 5%
increase will generate approximately $103,799.15 of additional revenues.
The next increase cannot occur until 2010, translating to 5% over 5 years.
Councilmember Gibson moved to approve an amendment to the Code of Ordinances,
Appendix A, Article XXVIII, Business Tax Receipt Fees, for a 5% increase in fees. The motion
was duly seconded and carried unanimously.
Ordinance 7966-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7966-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
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"Nays": None.
9.6 Authorize an intergovernmental loan to the Community Redevelopment Agency in the
amount up to $350,000 from funds provided to the City from the United States Environmental
Protection Agency as part of the Brownfields Cleanup Revolving Loan Fund Program for
cleanup of the Clearwater Automotive Salvage site and adopt Resolution 08-12.
In October 1999, the City Council authorized the City Manager to sign a Loan Fund
Agreement and Work Plan for the $500,000 award received from the United States
Environmental Protection Agency (EPA) for the Clearwater Brownfields Cleanup Revolving
Loan Fund (BCRLF). EPA awarded the City supplemental funds in the amount of $700,000 on
September 28, 2006 increasing the original $500,000 award to $1,200,000. The action also
approved a time extension of the budget and project period date from 9/30/06 to 9/30/08. The
current balance of $702,482.85 is available from this award with $623,000 earmarked for loans.
The BCRLF was structured to provide low-interest loans to parties interested in the
redevelopment of environmentally impaired properties. The BCRLF also allows government
entities to loan to other government agencies, but requires a City resolution. The rule also
states that the City may discount up to 30% of the principal amount of the loan, provided that
the total amount of the principal forgiven shall not exceed $200,000.
The City determined that the best use of these funds from EPA would be for the cleanup
of the Clearwater Automotive Salvage Yard site. The City also determined that the Community
Redevelopment Agency (CRA) is in a better position to convey the Site to a developer or other
private entity if it provides for the environmental cleanup of the Site.
For these reasons, in May 2005, the City Council adopted Resolution 05-19 authorizing
the use of $350,000 earmarked for loan funds provided to the City by the EPA as part of the
BCRLF to the CRA for the environmental cleanup of the Clearwater Automotive Salvage Yard
project. The cleanup costs have exceeded the $350,000. Resolution 08-12 requests the City
Council to allot additional monies in the form of a loan in the amount up to $350,000 to the CRA
to complete the remediation of the Clearwater Auto site and to address off-site environmental
impacts (Aamco site).
In order to obtain a Site Rehabilitation Completion Order (SRCO) from FDEP for the
Clearwater Auto site, the City is obligated to address off-site contamination related to the
Clearwater Auto site. The presence of foundry sands/slag material at depths of between two (2)
and six (6) feet below land surface was documented in soil borings at the Ron’s AAMCO site.
This material historically ties Clearwater Auto activities to the adjacent Ron’s Aamco property.
As a result, this material must therefore be delineated and evaluated for potential remediation
as part of the Clearwater Auto site assessment. The delineation has been complete and
remediation is the next step.
An executed July 17, 2006 interlocal agreement outlines the City and CRA
responsibilities in preparing the site for redevelopment. It also notes that the cleanup of the
Clearwater Auto project may exceed the $350,000 adopted by Resolution 05-19. The
agreement allows the City, through its Brownfields program or other sources, or the CRA to
cover the additional costs of remediation and preparing the site for redevelopment.
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According to the agreement, the CRA agrees that it will require the developer, person or
entity to whom the Site is conveyed following the environmental cleanup to pay the City the
necessary amount so appropriated from the BCRLF as part of the sale agreement. The loan
amount to the CRA will have a zero interest rate and shall be repaid from: a) amounts repaid to
the CRA from the private developer or another party to whom the CRA ultimately conveys the
Site following the environmental cleanup; b) TIF funds; c) the General Fund of the City through
budget appropriations in subsequent years so that such BCRLF may be made available by the
City for the environmental cleanup of the other sites if the property is unable to be sold after a
reasonable time (within five years of the completion of the environmental cleanup provided for
herein); d) other means legally sufficient and approved by EPA. Any payment from the City of
Clearwater General Fund is subject to the annual appropriations process.
As stated earlier, a portion of the loan may be discounted to reduce total funds due to
the BCRLF.
Councilmember Doran moved to authorize an intergovernmental loan to the Community
Redevelopment Agency in the amount up to $350,000 from funds provided to the City from the
United States Environmental Protection Agency as part of the Brownfields Cleanup Revolving
Loan Fund Program for cleanup of the Clearwater Automotive Salvage site. The motion was
duly seconded and carried unanimously.
Resolution 08-12 was presented and read by title only. Councilmember Cretekos moved
to pass and adopt Resolution 08-12 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
9.7 Approve increasing domestic water, lawn water, wastewater collection and reclaimed
water utility rates by 7% effective October 1, 2008, October 1, 2009 and October 1, 2010 with
subsequent 6% increases to be effective October 1, 2011 and October 1, 2012 and pass
Ordinance 7913-08 on first reading.
The last rate ordinance was approved on December 16, 2004 and provided for a 7%
increase effective October 1, 2005 with subsequent 6% increases to be effective October 1,
2006, October 1, 2007 and October 1, 2008. In addition, the rate ordinance established
metering for reclaimed water usage with rates subject to the same increases as for water, lawn
water and wastewater usage.
Burton & Associates has completed a new water, wastewater, and reclaimed water utility
rate study to cover the next 5 years of operations. The current study covers the period FY 2009
through FY 2013 and recommends increasing the previously approved 6% increase to be
effective October 1, 2008 to 7% with subsequent 7% increases to be effective October 1, 2009
and October 1, 2010 and with 6% increases to be effective October 1, 2011 and October 1,
2012. The increases are applicable to water, lawn water, wastewater and reclaimed water
usage.
This utility rate increase is needed to provide funding to maintain compliance with debt
service coverage requirements supporting the continuation of capital improvement projects
needed to sustain the City's utility infrastructure. Infrastructure improvements are needed to
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maintain compliance with federal, state and district regulations concerning water supply and
treatment and the wastewater collection system, maintain reliability of the water pollution control
facilities due to age of the infrastructure, and to expand the reclaimed water system. Master
Plans have been completed for all of the systems in Public Utilities and the capital
improvements program has been revised to meet future infrastructure needs.
A primary driver for requesting the additional rate increases is the planned issuance of
revenue bonds in FY2009. Bond insurers and rating agencies prefer to have several years of
approved rates providing the revenues to meet the utility’s operating and project needs as well
as debt service requirements.
Public Utilities Director Tracy Mercer provided a PowerPoint presentation. She said
most of the City’s costs are fixed due to government regulations. In response to a question, she
said the City charges the City of Safety Harbor for capacity and treatment costs and associated
capital costs for treatment of sewage. Finance Director Margie Simmons said there is a formula
for costs charged to Safety Harbor. Staff performs an analysis based on Safety Harbor’s
proportionate share and any enhancements to the system.
Discussion ensued and concern was expressed regarding a projected 38% increase
over a five-year period. Ms. Simmons said the projections are looked at on a yearly basis and
there have been times when the projected rate of increase has been reduced.
In response to a question, Ms. Simmons said the City is planning to increase the number
of wells to reduce its dependence on water from the County. She said lower quality water
requires more treatment.
Concern was expressed a lot of the costs are forced on the City, and not doing some
things now may result in higher increases in the future. It was noted Clearwater has been
proactive.
Councilmember Gibson moved to approve increasing domestic water, lawn water,
wastewater collection and reclaimed water utility rates by 7% effective October 1, 2008, October
1, 2009 and October 1, 2010 with subsequent 6% increases to be effective October 1, 2011 and
October 1, 2012. The motion was duly seconded and carried unanimously.
Ordinance 7913-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7913-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
9.8 Approve increasing the residential and commercial Stormwater Utility rate to $13.04 per
Equivalent Residential Unit (ERU) beginning October 1, 2011 and to $13.59 per ERU beginning
October 1, 2012 and pass Ordinance 7914-08 on first reading.
The City’s utility rate consultant, Burton and Associates, has completed a revenue
sufficiency and financial forecast analysis following the completion of a second year of
operations under the rates approved in 2006. At that time, due to significant increases in
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construction, pension, insurance costs, in addition to increased maintenance costs associated
with our National Pollutant Discharge Elimination System permit, the analysis showed that rate
adjustments were necessary through the year 2011. On July 20, 2006, Council approved a
series of 6% rate increases to be effective October 1, 2006 ($9.91), October 1, 2007 ($10.50),
October 1, 2008 ($11.13), October 1, 2009 ($11.80) and October 1, 2010 ($12.51).
Burton and Associates’ 2008 revenue sufficiency and financial forecast analysis shows that
additional increases of 4.25% are needed for each of fiscal years 2012 ($13.04) and 2013
($13.59) with no changes necessary for the already approved rate increases for FY09, FY10
and FY11.
A primary driver for requesting the additional rate increases is the planned issuance of
revenue bonds in FY2009. Bond insurers and rating agencies prefer to have several years of
approved rates providing the revenues to meet the utility’s operating and project needs as well
as debt service requirements.
Due to the rate increases adopted in 2001 and 2006 several significant flood control and
water quality projects have been completed or are underway, including: Prospect Lake Park;
Myrtle Avenue Road and Drainage Improvements; Kapok Wetland & Floodplain Restoration;
Glen Oaks; North Beach Drainage; Downtown Streetscape Phase I and Beach Walk.
It was remarked that this item requires no general fund revenues or property taxes. Ms.
Simmons said some municipalities use general fund revenues and Penny for Pinellas dollars for
their stormwater needs. A comment was made that the City is correcting many issues that were
overlooked in the 1950s, homes have been taken out of the 100-year floodplain, and these
actions will help the City’s insurance rates.
Councilmember Doran moved to approve increasing the residential and commercial
Stormwater Utility rate to $13.04 per Equivalent Residential Unit (ERU) beginning October 1,
2011 and to $13.59 per ERU beginning October 1, 2012. The motion was duly seconded and
carried unanimously.
Ordinance 7914-08 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7914-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
9.9 Amend the City of Clearwater Recreation and Open Space Land Dedication Ordinance
and pass Ordinance 7957-08 on first reading.
The Recreation and Open Space Land Dedication Ordinance was first adopted in 1983
in order to meet goals and objectives outlined in the City of Clearwater Comprehensive Plan
relating to open space and recreation needs in the City.
This Ordinance has been amended several times to provide incentives for annexations,
waiver of fees for Agreements to Annex entered into between July 1983 and February 1994,
and corrections needed due to the adoption of the new community development code in 1999.
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The basic structure and rationale for the Ordinance was based largely upon a
Recreation and Open Space Study prepared in June 1983. However, conditions have changed
since 1983, including the adoption of Resolution 02-41, which expanded the City of Clearwater
Community Redevelopment Area to include the Gateway areas.
Chapter 54 of the Code of Ordinances provides for an exemption for all projects
developed in the Downtown Redevelopment Plan as approved by the City Council on August
17, 1995.
On September 18, 2003, the Council adopted Ordinance 7153-03, which modified the
Community Redevelopment Plan for the Community Redevelopment area to include the East
Gateway area. This Ordinance affirmed that such modification of expanding the area does not
create the need for additional parks and recreational facilities and that no inadequacies for such
parks and recreational facilities existed then or were anticipated to exist in the future.
Therefore, staff is requesting the passage of Ordinance 7957-08 to redefine and expand
the area available for impact fee exemptions as provided in the Ordinance for certain downtown
areas to coincide with the expanded Community Redevelopment Area as designated in
Resolution 02-41.
Councilmember Gibson moved to amend the City of Clearwater Recreation and Open
Space Land Dedication Ordinance. The motion was duly seconded and carried unanimously.
Ordinance 7957-08 was presented for first reading and read by title only.
Councilmember Peterson moved to pass Ordinance 7957-08 on first reading. 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
10.1 Beachwalk Celebration - Geri Lopez
Economic Development & Housing Director Geri Lopez reviewed the proposal for the
Beachwalk celebration on July 19, 2008. The celebration will include a dedication/ribbon cutting
ceremony, entertainment, and fireworks at a cost not to exceed $8,000. Sponsors have helped
to offset costs. She said staff will continue to look for private donations.
Discussion ensued and it was felt that it is important to celebrate the completion of
Beachwalk to thank everyone who contributed to the project, to thank the businesses for their
patience during construction, and to let the public know the area is now open. Staff was
thanked for reducing the celebration’s budget from $22,000 to $8,000, and for finding sponsors.
Consensus was for staff to schedule the event at a cost not to exceed $8,000 and to
continue to find more sponsors for the event.
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The City Manager referred to eight Clearwater projects listed in Goinq Green and kids'
activities inspiring to him.
Other City Attorney Items
City Attorney Pam Akin requested an Attorney-Client Session be scheduled for 5:00 p.m.
on June 19, 2008 regarding Wendy Cason v. City of Clearwater. Consensus was to schedule.
It was clarified Mark Searcy is the agent selected to provide services for the
development of a parking garage on Clearwater Beach.
Councilmember Petersen requested Council's position on extending the bed tax
regarding a new stadium for the Tampa Bay Rays. Consensus was to express reservations
indicating additional data is needed. The proposed location was not favored.
11. Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; expressed condolences to Harris, French and York families; acknowledged
there are a lot of good, talented young people in the community.
Councilmember Doran said the art that kids are doing is amazing, successful urban
areas include art, and the City is encouraging art in the Cleveland Street district.
Council member Gibson said PST A has gone green; will be buying all hybrid buses.
Mayor Hibbard said the FOOT budget being cut by $1.3 billion which will affect some
enhancement projects in Pinellas; the T-Barta Board will be visiting Charlotte, Dallas, and
Denver to look at their transit systems; the City's Safety Committee is looking to create a safer
environment for all employees saving taxpayer dollars; congratulated Clearwater Downtown
Partnership on third anniversary; congratulated all graduates.
12. Adjourn
The meeting adjourned at 8:10 p.m.
~Kpt?~
L--
Mayor
City of Clearwater
.
Attest:
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