04/02/2009CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 2, 2009
Present: Frank Hibbard
George Cretekos
Carlen Petersen
John Doran
Paul Gibson
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
City Manager
Assistant City Manager
City Attorney
City Clerk
Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Jay Sloan of Central Church of the Nazarene. 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 Civitan Appreciation Month Proclamation - April 2009
4.2 Proclamation: April is Water Conservation Month
Public Utilities Director Tracy Mercer reviewed new water restrictions and said after-
hours enforcement was in effect.
5 - Approval of Minutes
5.1 Approve the minutes of the March 19. 2009 Citv Council Meetina as submitted in written
summation by the City Clerk.
Councilmember Cretekos requested that Agenda Item 12.2 be corrected to reflect
Councilmember Petersen voted "Aye."
Councilmember Petersen moved to approve the minutes of the March 19, 2009, City
Council Meeting as corrected. The motion was duly seconded and carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
Terrell Kirk offered his business consulting services to the City.
Dru Jeanis expressed concerns with City sign codes.
Council 2009-04-02
Public Hearings - Not before 6:00 p.m.
7 - Second Readings - Public Hearing
7.1 Adopt Ordinance 8039-09 on second reading, amending Section 33.028, Code of
Ordinances, to allow the City Manager to adjust vessel slip rent increases or decreases up to
ten percent annually.
Ordinance 8039-09 was presented for second reading and read by title only.
Councilmember Cretekos moved to adopt Ordinance 8039-09 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.2 Adopt Ordinance 8045-09 on second reading, amending the Operating Budget for the Fiscal
Year ending September 30, 2009, to reflect increases and decreases in revenues and
expenditures for the General Fund, Special Development Fund, Special Program Fund,
Stormwater Utility Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark
Fund, Parking Fund, and Central Insurance Fund.
Ordinance 8045-09 was presented for second reading and read by title only.
Councilmember Gibson moved to adopt Ordinance 8045-09 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.3 Adopt Ordinance 8046-09 on second reading, amending the Capital Improvement Budget
for the Fiscal Year ending September 30, 2009, to reflect a net increase of $2,195,309.
Ordinance 8046-09 was presented for second reading and read by title only.
Councilmember Petersen moved to adopt Ordinance 8046-09 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.4 Adopt Ordinance 8047-09 on second reading, annexing certain real property whose post
office address is 2350 Lake Shore Drive and unaddressed parcel at the corner of First Street
East and Third Avenue North, together with the right-of-way of Fourth Avenue North abutting
Lots 12,13 and 14, the right-of-way of First Street East abutting Lots 1 and 14, and the right-of-
way of Third Avenue North abutting Lots 1,2, and 3 of Block 46 and Lots 10 through 13 of Block
47, into the corporate limits of the city and redefining the boundary lines of the city to include
said addition
Council 2009-04-02 2
Ordinance 8047-09 was presented for second reading and read by title only.
Councilmember Doran moved to adopt Ordinance 8047-09 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.5 Adopt Ordinance 8048-09 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 2350 Lake Shore Drive and unaddressed parcel at the corner of First
Street East and Third Avenue North, together with the right-of-way of Fourth Avenue North
abutting Lots 12,13 and 14, the right-of-way of First Street East abutting Lots 1 and 14, and the
right-of-way of Third Avenue North abutting Lots 1,2, and 3 of Block 46 and Lots 10 through 13
of Block 47, upon annexation into the City of Clearwater, as Residential Suburban (RS).
Ordinance 8048-09 was presented for second reading and read by title only.
Councilmember Cretekos moved to adopt Ordinance 8048-09 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.6 Adopt Ordinance 8049-09 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2350 Lake Shore Drive and
unaddressed parcel at the corner of First Street East and Third Avenue North, together with the
right-of-way of Fourth Avenue North abutting Lots 12,13 and 14, the right-of-way of First Street
East abutting Lots 1 and 14, and the right-of-way of Third Avenue North abutting Lots 1,2, and 3
of Block 46 and Lots 10 through 13 of Block 47, upon annexation into the City of Clearwater, as
Low Density Residential (LDR).
Ordinance 8049-09 was presented for second reading and read by title only.
Councilmember Gibson moved to adopt Ordinance 8049-09 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
8 - Consent Agenda - Approved as submitted.
8.1 Approve a contract to Cairns Corporation of Tampa, Florida, for the renovation of the
existing Fire Station 48 facilities in the amount of $391,970.70, which is the lowest responsible
bid in accordance with specifications, and authorize the appropriate officials to execute same.
consent
Council 2009-04-02 3
8.2 Reappoint Dennis G. Roper and appoint Edward O'Brien to the Airpark Advisory Board with
term(s) to expire April 30, 2013.
8.3 Appoint Councilmember Paul Gibson as Vice Mayor (consent)
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
9 - Other items on City Manager Reports
9.1 Authorize the execution of a Joint Participation Agreement (JPA) between the City of
Clearwater and the State of Florida Department of Transportation (FDOT) for security items at
the Clearwater Airpark and adopt Resolution 09-11.
The FDOT has agreed to provide 100% maximum funding to install new security fencing,
cameras, digital recorders, card readers and signage at the Clearwater Airpark in the amount of
$166,799.00.
Upon execution of the JPA, a mid-year budget amendment will establish capital project
315-94858, Airpark Security Improvements in the amount of the $166,799.00.
Councilmember Petersen moved to authorize the execution of a Joint Participation
Agreement (JPA) between the City of Clearwater and the State of Florida Department of
Transportation (FDOT) for security items at the Clearwater Airpark. The motion was duly
seconded and passed unanimously.
Resolution 09-11 was presented and read by title only. Councilmember Doran moved
to adopt Resolution 09-11 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.2 Approve the Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation (FDOT) in the amount of $1,929,092.70 for the relocation of
existing potable water, reclaimed water and sanitary sewer facilities impacted by the FDOT's SR
55 (US19) from north of Whitney Rd. to south of Seville Blvd. Project, adopt Resolution 09-13
and the appropriate officials be authorized to execute same.
The Florida Department of Transportation (FDOT) has designed the roadway
improvements of SR 55 (US19) from north of Whitney Rd. to south of Seville
Blvd. Improvements will include an overpass at Belleair Rd. The project is due to go out to bid
on June 1, 2009, and construction is currently scheduled to begin in September of 2009. This
Council 2009-04-02 4
roadway improvement project will necessitate the relocation or adjustment of the City's water,
reclaimed water and sanitary sewer mains and appurtenances within the project limits. The City
of Clearwater's Engineering Department has coordinated the design for these utilities with
FDOT representatives. FDOT will receive bids for the combined roadway improvements and
utility relocation work and make award of contract to the low bidder.
In recent weeks the FDOT has introduced temporary critical sheet walls as a means to
protect the traveling public and property owners during underground excavation for the
roadway, drainage and utilities. These are currently being reviewed for locations and necessity
which may change the overall cost of construction.
The amounts included on this agenda item are the engineer's preliminary estimate, and
are subject to change as the design progresses. The exact costs will be determined by the
contractor's bid and may vary from this amount. The project will be competitively bid by
FDOT. The breakout of the engineer's estimate is as follows:
Capital Project: Expense Code: Amount:
Water Line Relocation: 0376-96742-563800-533-000-0000 $1,073,995.70
Reclaimed Water Line Relocation: 0376-96739-563800-533-000-0000 $482,274.50
Sanitary Utility Relocation: 0376-96634-563800-535-000-0000 $372,822.50
Total: $1,929,092.70
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to
reimburse certain Water and Sewer Utility project costs incurred with future tax-exempt
financing. The projects identified with 2009 revenue bonds as a funding source were included in
the project list associated with Resolution 07-28.
Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue
Bond proceeds when issued is available in projects 0376-96742, Line Relocation - Capitalized
in the amount of $1,073,995.70, and 0376-96739 Reclaimed Water Distribution System in the
amount of $482,274.50 and 0376-96634, Sanitary Utility Relocation in the amount of
$372,822.50 for a total of $1,929,092.70 for this contract.
Councilmember Cretekos moved to approve the Utility Work by Highway Contractor
Agreement with the State of Florida Department of Transportation (FDOT) in the amount of
$1,929,092.70 for the relocation of existing potable water, reclaimed water and sanitary sewer
facilities impacted by the FDOT's SR 55 (US19) from north of Whitney Rd. to south of Seville
Blvd. Project. The motion was duly seconded and passed unanimously.
Resolution 09-13 was presented and read by title only. Councilmember Gibson moved
to adopt Resolution 09-13 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
Council 2009-04-02 5
"Nays": None.
9.3 Approve the Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation (FDOT) in the amount of $2,084,622.90 for the relocation of
existing potable water, reclaimed water and sanitary sewer facilities impacted by the FDOT's SR
55 (US19) from south of Seville Boulevard to north of SR 60 Project, adopt Resolution 09-14
and the appropriate officials be authorized to execute same.
The Florida Department of Transportation (FDOT) has designed the roadway
improvements of SR 55 (US19) from south of Seville Blvd. north of SR 60. Improvements will
include an overpass at Seville Blvd. The project is due to go out to bid on June 1, 2009, and
construction is currently scheduled to begin in September of 2009. This roadway improvement
project will necessitate the relocation or adjustment of the City's water, reclaimed water and
sanitary sewer mains and appurtenances within the project limits. The City of Clearwater's
Engineering Department has coordinated the design for these utilities with FDOT
representatives. FDOT will receive bids for the combined roadway improvements and utility
relocation work and make award of contract to the low bidder.
In recent weeks the FDOT has introduced temporary critical sheet walls as a means to
protect the traveling public and property owners during underground excavation for the
roadway, drainage and utilities. These are currently being reviewed for locations and necessity,
which may change the overall cost of construction.
The amounts included on this agenda item are the engineer's preliminary estimate, and
are subject to change as the design progresses. The exact costs will be determined by the
contractor's bid and may vary from this amount. The project will be competitively bid by
FDOT. The breakout of the engineer's estimate is as follows:
Capital Project: Expense Code: Amount:
Water Line Relocation: 0327-96742-563800-533-000-0000 $1,372,394.15
Reclaimed Water Line Relocation: 0376-96739-563800-533-000-0000 $338,120.00
Sanitary Utility Relocation: 0376-96634-563800-535-000-0000 $374,108.75
Total: $2,084,622.90
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to
reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing
The projects identified with 2009 revenue bonds as a funding source were included in the
project list associated with Resolution 07-28.
Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue
Bond proceeds when issued is available in projects 0376-96739 Reclaimed Water Distribution
Council 2009-04-02 6
System in the amount of $338,120.00 and 0376-96634, Sanitary Utility Relocation in the amount
of $374,108.75. Sufficient budget and Utility R & R revenue are available in 0327-96742, Line
Relocation - Capitalized in the amount of $1,372,394.15.
Councilmember Petersen moved to approve the Utility Work by Highway Contractor
Agreement with the State of Florida Department of Transportation (FDOT) in the amount of
$2,084,622.90 for the relocation of existing potable water, reclaimed water and sanitary sewer
facilities impacted by the FDOT's SR 55 (US19) from south of Seville Boulevard to north of SR
60 Project. The motion was duly seconded and passed unanimously.
Resolution 09-14 was presented and read by title only. Councilmember Doran moved to
adopt Resolution 09-14 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.4 Approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of
Florida's Department of Transportation to install natural gas mains during improvement project,
FPN: 256881-1-56-07/Pinellas County, SR55 (US 19) from North of Whitney to South of Seville,
at an estimated cost of $164,385, adopt Resolution 09-15 and authorize the appropriate officials
to execute same.
The Florida Department of Transportation (FDOT) has a project to widen/improve SR55
(US 19) from North of Whitney to South of Seville including roadway, sidewalk, other
improvements, and utilities to include those existing Clearwater Gas facilities which conflict with
the design.
Council originally approved this item on August 21, 2008, in the amount of $70,576. We
are asking for a $93,809 increase due to new construction designs included in the roadway
plans mandated by the FDOT.
Under the Utility Work By Highway Contractor Agreement (UWHCA - Lump Sum), 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 (Lump Sum) with the State of Florida's Department of Transportation to install
natural gas mains during improvement project, FPN: 256881-1-56-07/Pinellas County, SR55
(US 19) from North of Whitney to South of Seville, at an estimated cost of $164,385. The
motion was duly seconded and passed unanimously.
Council 2009-04-02 7
Resolution 09-15 was presented and read by title only. Councilmember Gibson moved
to adopt Resolution 09-15 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
9.5 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:
256881-2-56-07/Pinellas County, SR55 (US 19) from South of Seville to North of SR 60, at an
estimated cost of $94,335, adopt Resolution 09-16 and authorize the appropriate officials to
execute same.
The Florida Department of Transportation (FDOT) has a project to widen/improve SR55
(US 19) from South of Seville to North of SR 60 including roadway, sidewalk, other
improvements, and utilities to include those existing Clearwater Gas facilities which conflict with
the design.
Council originally approved this item on August 21, 2008, in the amount of $39,427. We
are asking for a $54,908 increase due to new construction designs included in the roadway
plans mandated by the FDOT.
Under the Utility Work By Highway Contractor Agreement (UWHCA), 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.
Funding for this agreement is available in capital project 315-96377- Pinellas New Mains
and Service Lines.
Councilmember Petersen 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: 256881-2-56-07/Pinellas County, SR55 (US 19) from South
of Seville to North of SR 60, at an estimated cost of $94,335. The motion was duly seconded
and passed unanimously.
Resolution 09-16 was presented and read by title only. Councilmember Doran moved to
adopt Resolution 09-16 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
Council 2009-04-02 8
10 - City Manager Verbal Reports - None.
11 - Council Discussion Items
11.1 Settinq Budqet Meetinqs
Staff directed to set one meeting for July 9 in the afternoon and schedule meetings
during a council meeting week in August.
12 - Other Council Action
Councilmembers reported on events in which they recently participated, reviewed
upcoming events and expressed condolences to survivors of Bill Conrad.
Councilmember Cretekos thanked local businesses for their support of the Phillies
during Spring Training.
Councilmember Petersen congratulated the Engineering Department for receiving top
honors at the Tampa Bay Future Awards.
Council member Doran congratulated Police Lieutenant Wayne Andrews for his recent
retirement.
Mavor Hibbard thanked the Clearwater Police Volunteers for their efforts and generous
donation of $187,217.96.
13 - Adjourn
The meeting adjourned at 6:45 p.m.
~~
~or
City of Clearwater
Attest:
Council 2009-04-02
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