08/03/2009
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
August 3, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Mayor Frank Hibbard called the meeting to order at 9:00 a.m. at City Hall.
1. Financial Services
1.1 Approve settlement of the liability claim of Waltraud Goetz for payment of
$52,500.
On January 20, 2009, Ms. Waltraud Goetz was a passenger in a vehicle driven by
her husband. Ms. Goetz was wearing a seat belt. A city solid waste truck failed to
yield to the Goetz vehicle and struck the Goetz vehicle on the passenger side
door. Our solid waste employee was stopped at a stop sign and did not see Mr.
Goetz approaching and pulled into the path of Mr. Goetz.
Ms. Goetz sustained injuries to her back and neck. An MRI showed herniated
discs at C5-6 and C6-7, and a two level anterior discectomy and fusion have been
recommended by her treating neurosurgeon Ms. Goetz’s current medical is
approximately $5,500, and the anticipated cost of the cervical surgery is in excess
of $50,000.
The City’s limit of liability as provided by Section 768.28, Florida Statutes is
$100,000. The City’s Risk Management Division and City’s Claims Committee
recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
1.2 Declare the attached list of vehicles surplus to the needs of the City and authorize
sale to the highest bidder at the Tampa Machinery Auction, Tampa Florida, and
authorize appropriate officials to execute same.
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All vehicles have been replaced as necessary and are no longer required.
Surplus Items #3, a 1995 Ford F350 and #11, a 2004 Westward Go-4 were
replaced with used vehicles turned-in through the budget process.
Surplus list Item #4, a 1998 Ford Ranger was eliminated through the budget
process and will not be replaced.
Tampa Machinery Auction is the Tampa Bay Area Purchasing Cooperative
Auctioneer of Record
1.3 Transfer $397,506.98 from Fund 590 Central Insurance Fund reserves to
reimburse Fund 362 for negative interest earnings allocations associated with
Beach Walk construction disbursements. (consent)
The original budget for Beach Walk construction to be funded from tax-exempt
bond proceeds was $14 million which was eventually reduced to $3,750,000
through additional funding from grants, developer contributions, and other
available City funds.
Reimbursement resolution 06-08 provided for the disbursements for certain
budgeted Beach Walk construction costs be advanced from cash available in
other funds and later reimbursed from bond proceeds when the 2008 bonds were
issued.
The expenditures occurring in the beachwalk project in Fund 362 during Fiscal
Years 2006, 2007, and most of 2008 created negative cash balances in the fund
during those years prior to the bond issuance, resulting in negative interest
earnings allocations totaling $397,506.98 ($6, 018.23 in FY06, $105,717.27 in
FY07, and $285,771.48 in FY08). In retrospect, those negative interest earnings
allocations should have been netted against positive interest earnings in Fund 590
reducing the recorded positive earnings in Fund 590.
Fund 362 is somewhat unusual in the fact that it was a combination governmental
(Beach Walk) and enterprise fund (Boat Slips) construction fund, a factor that
contributed to the negative interest allocation. Enterprise fund construction funds
do get negative interest allocations and governmental construction funds do not.
Fund 590 has adequate reserves to cover this transfer and will result in Fund 590
reserves being reduced to the amount that it would have been had the negative
interest allocations in Fund 362 been properly netted with the positive interest
earnings in Fund 590.
2. Marine and Aviation
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2.1 Approve Florida Boating Infrastructure Grant Agreement with the Florida Fish and
Wildlife Conservation Commission (FWC)for the Downtown Boat Slips.
The Marine & Aviation Department applied for and received notification that they
are eligible to receive grant funding from the Florida Fish and Wildlife
Conservation Commission (FWC) under their Boating Infrastructure Grant
Program.
This program provides funds from the U.S. Fish and Wildlife Service to the States
to install or upgrade tie-up facilities for transient recreational boats 26 feet or more
in length. The City of Clearwater Downtown Boat Slips project was one of 32
proposals from 19 states seeking a combined total of $22.8 million of federal
funding. In a year when only $9.5 million was available, Clearwater was awarded
over $1.2 million dollars, one of nine cities nationwide to receive funds and the
only city in Florida to be awarded funds in 2007.
A project is eligible for funding if it proposes to construct, renovate, and maintain
publicly owned boating infrastructure tie-up facilities. To be eligible you must:
- Build these tie-up facilities on navigable waters, available to the public and
design the new construction and renovations to last at least 20 years;
- Design these tie-up facilities for temporary use for transient non-trailerable
recreational vessels;
- Build these tie-up facilities in water deep enough for non-trailerable recreational
vessels to navigate (a minimum of 6 feet of depth at the lowest tide or other
measure of lowest fluctuation);
- Provide security, safety, and service for these boats; and,
- Install a pump-out station, if constructing a facility for overnight stays.
A project is ineligible for funding if the tie-up slips available for occupancy are for
more than 10 consecutive days by a single party. The FWC believes this gives
more transient guests the opportunity to stay.
Applicants are required to provide 25% matching funds. Of the estimated $11
million cost of the construction portion of the downtown boat slips project,
approximately $5 million was estimated to be the transient portion applicable to
the grant program. The City submitted a request and was approved for
$1,236,097 of the estimated $5 million transient portion.
The Agreement, unless modified by mutual consent of both parties, binds the
parties for a period of 20 years or as stipulated in the Agreement.
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2.2 Approve a contract with URS Corporation in the amount of $235,250 for the
remediation action plan cleanup of the ground water at the Clearwater
Airpark.(consent)
Over its history, the aircraft fueling area at the Clearwater Airpark has been
impacted with aviation fuel. In July 2008 the Florida Department of Transportation
approved additional funds for the cleanup. This agenda requests approval of a
contract issued to URS Corporation for the cleanup.
The current extent of the impacted groundwater was delineated and the Pinellas
County Health Department (PCHD) requested submittal of a Remedial Action
Plan (RAP) for the cleanup. An original RAP was conducted by URS Corporation
that specified chemical oxidation with enhanced aerobic bioremediation treatment
of the impacted groundwater. This proposed remedial design was approved by
the PCHD in correspondence dated November 26, 2007.
The city contacted URS Corporation to re-evaluate the cost estimate for a dual
phase vacuum extraction (DPVE) system comparable to the remedial technology
specified in the former RAP. The RAP Addendum was approved by the PCHD
Pollutant Storage Tank Cleanup Program on April 23, 2009.
The URS work order initiation form (attached) addresses installation and startup
of the proposed remedial system, as well as the operation, maintenance,
monitoring and reporting for the first year of remedial activities. The budget for the
project is a maximum of $235,250.
The cost will be covered with Florida Department of Transportation grant funds
and city match from project 315-94846.
In response to a question, Marin & Aviation Director Bill Morris said there are 23
deposits for boat slips and 2 individuals have expressed an interest but have not
purchased a boat yet.
3. Parks and Recreation
3.1 Approve a recommendation by the Public Art and Design Board for the
commission of a public art glass installation entitled Untitled to be installed at the
Clearwater Beach Recreation Center and Library, as designed by artist Catherine
Woods for a total cost of $8,108 and transfer $4,000 from Cultural Affairs
Operating Budget 010-01850 to CIP 325-93265 at third quarter. (consent)
The theme and scope of the project was determined with input from
representatives of the Parks and Recreation and Library departments. The
desired intent for the artwork was to create a shared space between the
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recreation center and library and to provide an artistic source of energy and
vibrant colors with ties to the natural beauty of Clearwater Beach.
The Public Art and Design Board appointed a five-member Selection Panel
comprised of individuals representing specified interests and expertise as follows:
Joshua Bomstein (Chair), a member, and Chair, of the Public Art and Design
Board; JP Atherholt, Parks and Recreation representative and supervisor of the
Beach Recreation Center; Jan Nickols, Library representative (replaced by Joyce
Kirchoffer, Beach Librarian); Constance Plisko, professional glass artist; and Pat
Murphy, a representative of the community and member of the Clearwater Beach
Association.
Due to the limited budget of this project, a “Limited Competition Call to Artists”
was selected and four local artists were invited to submit qualifications and past
work. On October 24, 2008 the selection panel met to review the artists’
qualifications, based on the artistic desires of the stakeholders, and selected
Catherine Woods to create a site-specific proposal. On June 1, 2009 in a meeting
at the Beach Recreation Center and Library, Ms. Woods presented her site-
specific proposal of artwork to the selection panel.
The panel unanimously approved Ms. Woods’ proposal. The recommendation
was confirmed by the Public Art and Design Board, who in turn is recommending
this artist’s proposal of public artwork to the City Council.
The Clearwater Beach Recreation Center and Library became a capital
improvement project requiring a 1% allocation for public art when the project
exceeded $500,000 in costs. The original project was less than $500,000 and
thus funds were not originally set aside for this project. The addition of
replacement windows and additional air conditioning needed for the library
resulted in the increased cost. There is a remaining balance of just over $4,108 in
CIP 315-93265 therefore, staff is requesting a transfer of funds from the Cultural
Affairs operating budget 010-01850 of $4,000 to cover the purchase of this
artwork. The transfer of these funds will not adversely impact the operations of the
Cultural Affairs office.
At third quarter, the remaining balance of $4,108 in project 315-93265 will be
transferred to capital project 325-93265. In addition, an additional $4,000 of
operating savings in the Cultural Affairs operating budget will also be transferred
to 325-93265 to provide the funds necessary for the purchase of this artwork.
3.2 Ratify and confirm the City Managers approval to increase the landscape
maintenance contract with Earth Designs from $166,312 to $266,832 for
additional landscape services.
* As the low bidder, the City entered into a landscape maintenance agreement
with TriMor Systems, Inc. for the maintenance of 3 districts; DOT Properties,
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Northwest Clearwater and vacant lot properties for $79,986.08. On June 30, 2009
TriMor Systems, Inc. informed the City that they were cancelling their contract
with the City.
* In order to continue landscape maintenance for these districts, staff approached
the next responsible low bidder which was Earth Designs and they agreed to take
on the additional maintenance for their original bid cost of $100,520.
* Earth Designs currently manages five (5) other landscape maintenance
contracts valued at $166,312 and they have been a responsive and acceptable
contractor.
* In order to continue maintenance during the growing season, the City Manager
approved increasing the Earth Designs contract from $166,312 to $266,832 and
staff is recommending that the Council ratify and confirm his decision.
In response to questions, Parks and Recreation Director Kevin Dunbar said the
department has 11 contracts that undergo the bid process. The department is satisfied
with Earth Designs’ performance. Mr. Dunbar said the previous contractor was not able
to keep up with the growing season.
3.3 Approve the proposed artworks for Sculpture360: Season II Art in the Cleveland
Street District and the expenditure of $3,000 from the Public Art Discretionary
Fund to supplement the Sculpture360 project budget. (consent)
“Sculpture360 – Art in the Cleveland Street District” is a temporary exhibition of
outdoor public artwork intended to bring high-quality, iconic, and vibrant artwork to
downtown Clearwater.
An open “Call to Artists” as outlined in the Public Art and Design Guidelines was
issued detailing the scope of the project.
The Public Art and Design Board appointed a Selection Panel comprised of
individuals representing specified interests and expertise as follows:
* Mark Flickinger (Chair), a member of the Public Art and Design Board and
director of the Pinellas County Public Art and Design Program
* David Allbritton, chairman of the Downtown Development Board and
representative of the downtown community
* Kevin Brady, professional artist and sculptor
* Megan Voeller, arts professional, critic, and educator
* Anne Fogarty-France, Economic Development representative
The Call to Artists resulted in approximately 30 responses of qualified artists with
various works proposed for temporary loan. The selection panel met on June 17,
2009 at the Clearwater Main Library and selected three finalists (Jarrett Hawkins,
Jack Howard-Potter, and Rob Lorenson) and two alternates (Wayne Trapp and
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Robert Chambers). All artists and artworks have been reviewed by the Public
Art and Design Board.
The Public Art and Design Board requests that the City Council review and
approve an allocation of $3,000.00 from the Public Art and Design Program
Discretionary Fund for the purpose of supplementing the project budget for
Sculpture360: Season II. Funds will be utilized for artist honoraria and equipment,
materials, and personnel necessary for installing and removing the sculpture
under the terms of the exhibition.
A third quarter budget amendment will reflect the transfer of $3,000 from the
public art discretionary funds in the Special Development Fund to capital project
315-93608, Miscellaneous Public Art.
It was stated that bulk of money is coming from the Downtown Development Board;
funds that can’t be used for another purpose.
4. Police
4.1 Approve a contract in the amount of $583,270.50 with the Pinellas County Sheriffs
Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and
property storage and Pinellas Juvenile Assessment Center services, during the
one year contract period commencing October 1, 2009, through September 30,
2010 and authorize the appropriate officials to execute same. (consent)
* The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police
Department (CPD) began annual contractual agreement for services in January
1994. The agreements covered latent fingerprint examination, property/evidence
storage, crime scene processing services and in FY 2008/2009 included a share
of security costs at the Pinellas Juvenile Assessment Center (PJAC).
* The total cost of the proposed FY 2009/2010 agreement is $583,270.50
reflecting a 10% decrease in cost from the 2008/2009 contract for services
primarily due to a reduction in the number of items being submitted by CPD to the
Sheriff’s Office Property and Evidence Division.
* The proposed contractual agreement reflects the following breakout of costs:
Fingerprint Services - $91,710.00; Forensic Science Services (Crime Scene
Processing) - $301,380.00 (1,500 calls at $200.92 per call), requests for services
in excess of 1,500 calls will be invoiced monthly at a rate of $200.92 per call. In
addition, any funds from unused calls for service from FY 2009/2010 shall be
applied toward the following year’s contractual agreement; Evidence and Property
Service and Storage - $135,791.00 (inclusive of personnel and storage costs).
* Additionally, for the second year, PCSO is charging all Pinellas County law
enforcement agencies their respective share of the cost of providing security for
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the Pinellas Juvenile Assessment Center (PJAC). Clearwater’s share is
$54,389.50 based on the number of juvenile bookings, totaling 682, made by CPD
into PJAC, reflecting a cost of $79.75 per juvenile. Billing for requests for service
in excess of the 682 bookings during the term of this contract shall be invoiced at
the rate of $79.75 per booking. Any funds not expended in FY 2009/2010,
because the number of juveniles booked is less than 682, will carry over to next
year’s agreement.
* Funding for this contractual agreement is available in the Police Department’s
F/Y 2009/2010 operating budget.
5. Solid Waste/General Support Services
5.1 Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of
Clearwater, FL for an amount not to exceed $250,000 for the purchase of
Goodyear tires for City Motorized equipment during the contract period
September 1, 2009 through August 31, 2010 in accordance with Sec. 2.56(1)(d),
Code of Ordinances - other governmental bid and authorize the appropriate
officials to execute same. (consent)
This Blanket Purchase Order is a piggyback of the Florida State Contract 863-
000-10-1 and covers the purchase of several sizes of tires for use on all City
vehicles.
6. Engineering
6.1 Award a contract to Keystone Excavators, Inc., of Oldsmar, Fl, for the construction
of Alligator Creek Channel F Drainage Improvements (Project 03-0028-EN) in the
amount of $1,432,233.00, which is the lowest responsible bid in accordance with
the plans and specifications and authorize appropriate officials to execute the
same. (consent)
The Alligator Creek Channel F Drainage Improvements project includes
construction of gabion embankments and realignment of the channel to the flow
path within the City’s easement. Existing box culverts crossing under Old
Coachman Road and Wetherington Road will be upsized and utilities will be
adjusted or improved at the channel crossings and roadways.
Channel F is a tributary to Alligator Creek and is located east of Old Coachman
Road and north of N.E. Coachman Road. Channel F flows southwest, through the
Coachman Ridge Subdivision, into Alligator Creek.
Southwest Florida Water Management District (SWFWMD) is funding on an equal
share basis, 50% of the entire costs of the project up to $1,000,000 as approved
by City Council May 15, 2008.
The requested $1,432,233.00 provides for Keystone Excavators, Inc. to complete
the construction shown on the design plans.
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The estimated time period for construction is 225 calendar days to start in
September 2009 and finish in May 2010.
Sufficient budget and revenue are available in Capital Improvement Program
(CIP) project 0327-96634, Sanitary Sewer Repair and Replacement in the amount
of $29,700 for Sewer items and $17,985 of 09 Water and Sewer Bond
Construction project 0376-96742, Line Relocation – Capitalized for Water items.
Third quarter amendments will establish Capital Improvement Program (CIP)
project 0315-96171, Alligator Creek Channel F Drainage Improvements with the
following transfers, $792,274 of Stormwater Utility (388419) revenue and
$1,000,000 of SWFWMD (337900) grant budget only from CIP 0315-96154,
Alligator Creek Implementation Projects Phase II to fund the project plus an
additional $100,000 to fund any unanticipated costs and miscellaneous items
related to the project.
In response to questions, Engineering Manager Elliot Shoberg said the project was
resident driven. There were some trees that had to be removed for the project and
property owner agreed. Mr. Shoberg said a neighbor did not want the trees removed.
6.2 Ratify and confirm supplement work order 4 to Wade-Trim, Engineer-of-Record, in
the amount of $78,810.00 for various additional services provided throughout the
course of the Downtown Boat Slip project and authorize the appropriate officials to
execute same. (consent)
The original boat slip work order was approved in March 2006, in the amount of
$258,426.00. Work efforts included: preparation of conceptual plans; meetings
with FDOT and environmental permitting agencies; review of legal issues;
boundary, bathymetric and seagrass surveys; wind and wave study; cost
estimate; and project renderings. This work was all in preparation for the
referendum.
Supplemental work order 1 was preapproved by City Council March 16, 2006 in
the amount of $61,870.00. Work efforts consisted of preparation of a design
criteria package to advertise for a design-build company, including assistance in
review and ranking of the design-build proposals and award of contract.
Supplemental work order 2 was approved by City Council October 17, 2007 in the
amount of $51,847.00. Work efforts included preparation and submittal of
environmental permit applications.
Supplemental work order 3 was approved in April 27, 2009 in the amount of
$36,900.00. Work efforts consisted of additional environmental permit
coordination; modification of upland water and electric services based on design-
Council Work Session 2009-8-3 9
build contract negotiations; and assistance with FDEP submerged lands lease
submittal.
As the project is now moving into the construction phase Wade Trim has
conducted an in-depth review of their work effort throughout the life of the project
and determined that they have spent significant time assisting the City with many
various tasks that were not included in the previous work orders. City staff and
Wade Trim have spent the last few months negotiating what staff considered
being legitimate additional services, with this work order being the end result.
The major additional out of scope services include: assistance with grant
documentation; coordination of upland utility services with construction of the
Promenade and to serve the fishing pier; additional grading and stormwater
improvements in the vicinity of the dock master building; environmental permit
fees; design build contract administration and responses to RFI’s; and attendance
at multiple additional in-house and agency meetings throughout the entire
process.
Sufficient budget and revenue is available in Capital Improvement Program
project 0315-93405, Downtown Boat Slips.
In response to questions, Environmental Manager Ed Chesney said many unforeseen
questions were raised when project was reviewed by the state. The project has
received all needed permits. The city needs the fully executed grant agreement from
Tallahassee before construction can begin.
6.3 Authorize the City to enter into an agreement with CSX Transportation, Inc., for
installation of a raw water main in the CSX right-of-way as part of the Water
Treatment Plants 1 and 3 Wellfield Expansion Project Phase II-Raw Water Mains;
and approve Pipeline Crossing Agreement CSX-632023, authorize the
appropriate officials to execute same and adopt Resolution 09-30.
As part of the Water Treatment Plants 1 and 3 Wellfield Expansion Project Phase
II-Raw Water Mains, the City needs to construct one (1) 8” raw water main
crossing the CSX right-of-way.
CSX requires an Agreement to cover the costs of the encroachment, construction
risk and to establish the terms and conditions associated with placing a pipeline
underneath their railway system.
The cost to the City will be $4000 for a license fee, $150 for Coordination fee, and
$1,125.00 for a construction risk fee for a total cost of $5,275.00.
Sufficient budget and funding with 2009 Water and Sewer Revenue Bond
proceeds is available in project 0376-96764, RO Plant Expansion.
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6.4 Accept and approve a "Right of Entry" Agreement between the City of Clearwater
and the Florida Department of Transportation (FDOT), for maintenance related to
the Memorial Causeway Bridge and authorize appropriate officials to execute
same.
This agreement grants the Florida Department of Transportation, for purposes of
bridge maintenance, a Right of Entry over certain City-owned upland property and
submerged lands in the area of, and surrounding the Memorial Causeway Bridge.
This agreement memorializes the needs of access by the FDOT in light of the City
boat slip project design and addresses rights and responsibilities of the party for
both general maintenance and emergency access.
6.5 Approve a Jones Edmunds and Associates, Inc. Work Order for Engineering
Services of the Pump Station Replacement at Marshall Street Advanced Pollution
Control Facility (APCF)at a cost of $109,680.00 and authorize the appropriate
officials to execute same. (consent)
* The requested $109,680.00 authorization under this Work Order is for
professional engineering services for the design, permitting and bidding of the
Pump Station Replacement at Marshall Street APCF Project.
* The Archimedes screw pump station which pumps the effluent from the final
clarifiers to the filter influent channel was constructed in 1988. A submersible
triplex pump station was added in 1996 to supplement the aging screw pump
station. The Archimedes screw pump station has reached the end of its useful
life. Jones Edmunds conducted an evaluation in April, 2009 and recommended
replacing the screw pump station with a new submersible pump station. The goal
of this project is to provide a reliable pumping station that will pump the plant
design peak hour flows (25 MGD) and meet Class I reliability.
* The scope of services includes the design for replacing the screw pump station
with a new triplex submersible pump station. This new pump station would be
constructed next to the existing triplex pump station and share a common
wall. The new design will also include the demolition of the existing screw pump
station and associated equipment.
* Marshall Street APCF is located at 1605 Harbor Drive, Clearwater, Florida.
* Jones Edmunds and Associates, Inc. is an Engineer-of-Record for the City of
Clearwater.
* Sufficient budget and Utility Repair and Replacement revenue is available in
0327-96202, WWTP Screw Pump Replacements for $109,680.00.
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6.6 Approve providing additional funding of $363,297 to the US Army Corps
of Engineers (USACOE) for the Stevenson Creek Estuary Restoration Project,
bringing the total City share of the project cost to $2,687,637. (consent)
August 21, 2008, City Council approved entering into a Project Partnership
Agreement (PPA) with the USACOE for the Stevenson Creek Estuary Restoration
Project
and provided funding to the USACOE in the amount of $2,324,340.
The USACOE opened the bids for the construction and the selected bid is higher
than the engineer’s estimate.
The selected bid requires the City to provide an additional $363,297 to pay for our
share of the project before the USACOE will issue the contract.
Sufficient budget and revenue is available in Capital Improvement Program
project 0315-96129, Stevenson Creek Estuary Restoration. The total cost to the
City remains less than the budgeted amount used in the stormwater rate study.
In response to a question, Engineering Manager Elliot Shoberg said the project will
ensure greater flushing of the estuary.
The Council recessed from 9:49 a.m. to 9:56 a.m.
7. Planning
7.1 Approve Development Agreement between Decade Companies Income
Properties (the property owner) and the City of Clearwater, providing for the
allocation of units from the Hotel Density Reserve under Beach by Design and
adopt Resolution 09-23.
The 0.72 acres is located on the east side of Coronado Drive at the northeast and
southeast corners of Devon Drive.
The site is comprised of three parcels, two on the north side of Devon Drive and
one on the south side of Devon Drive. The northern portion of the subject property
is currently developed with a 22-unit motel at 101 Coronado Drive (Port Vue
Motel) and vacant land (formerly a 16-unit motel). The vacant area is presently
being used for construction trailers for the Hyatt/Aqualea project (301 S. Gulfview
Boulevard). The southern portion of the subject property is currently vacant land
(formerly a 15-unit motel), also being used for construction trailers for the
Hyatt/Aqualea project.
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The proposal is for an overnight accommodation use of a total of 108 rooms (150
rooms/acre on total site, including the allocation of 72 units from the Hotel Density
Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of
amenities accessory to the hotel at a height of 89 feet (to roof deck).
On May 19, 2009, the Community Development Board (CDB) approved with 13
conditions of approval a Flexible Development application for the construction of a
108-unit hotel with associated amenities (FLD2009-03013). The proposal is in
compliance with the standards for development agreements, is consistent with the
Comprehensive Plan and furthers the vision of beach redevelopment set forth in
Beach by Design. The proposed Development Agreement will be in effect for a
period not to exceed ten (10) years, meets the criteria for the allocation of units
from the Hotel Density Reserve under Beach by Design and includes the following
main provisions:
* Provides for the allocation of 72 units from the Hotel Density Reserve;
* Requires the developer to obtain building permits and certificates of occupancy
in accordance with Community Development Code (CDC) Section 4-407;
* Requires the return of any hotel unit obtained from the Hotel Density Reserve
that is not constructed;
* For units allocated from the Hotel Density Reserve, prohibits the conversion of
any hotel unit to a residential use and requires the recording of a covenant
restricting use of such hotel units to overnight accommodation usage; and
* Requires a legally enforceable mandatory evacuation/closure covenant that the
hotel will be closed as soon as practicable after a hurricane watch that includes
Clearwater Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement
application at its public hearing on May 19, 2009, and unanimously recommended
approval of the application (DVA2009-00001).
In response to questions, Planner Wayne Wells reviewed project amenities and said the
target room rate is within the $150 - $200 range. The project will entail regular size
units, with some suites. The maximum height is 100 feet, but can go higher due to
Karin Grand across the street. Mr. Wells reviewed time frames in code: 2 years to
submit for permit, applicant can ask for a 1 year extension from the Planning
Department, another year from the Community Development Board, with a maximum of
5 years to get permit and finish construction within 2 years.
It was stated that 10 years is a typical statutory time frame for life of a development
agreement. The development agreement also provides for termination if applicant fails
to meet the obligations.
Mr. Wells said the applicant also owns the Holiday Inn and plans to share employees
among both facilities.
Council Work Session 2009-8-3 13
Discussion ensued with concerns expressed regarding parking availability and size of
sidewalk.
In response to a question, Mr. Wells said part of the sidewalk is on private property.
Staff was directed to clarify language regarding occupancy limitation.
Planning Director Michael Delk said site plan purview belongs to the Community
Development Board. Council can approve or not approve the development agreement.
Mr. Delk said hotels getting density units must fit within the design guidelines, which
includes limited accessory uses.
It was stated that the site plan has already been approved and that Council can
approve, or not, the allocation of units.
In response to questions, Mr. Delk said mid-size hotels have approximately 120 rooms
and offer limited amenities. The applicant filed prior to the 1.2 parking spaces per unit
guideline. The project provides a few more that the required 1 space per unit.
Discussion ensued. Staff was directed to provide more information regarding size of
units and sidewalks.
8. Legal
8.1 Adopt Ordinance No. 8071-09 on second reading, annexing certain real property
whose post office address is 2382 Dora Drive into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
8.2 Adopt Ordinance 8072-09 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 2382 Dora Drive, upon
annexation into the City of Clearwater, as Residential Low (RL).
8.3 Adopt Ordinance No. 8073-09 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 2382 Dora
Drive, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Council Work Session 2009-8-3 14
8.4 Amend Section 2.263(1), Code of Ordinances, to provide for no salary increase
for the mayor and councilmembers in 2010 and pass Ordinance 8087-09 on first
reading.
The salaries of the City Council are set forth in Section 2.263(1), along with
provisions for annual cost of living increases. The Council has determined that
they do not wish to receive cost of living increases this year.
Ordinance 8087-09 amends Section 2.263(1) to allow the mayor and
councilmembers to forego automatic cost of living increases in 2010.
8.5 Amend Resolution 97-43 to allow naming portions of recreation facilities to honor
individuals and adopt Resolution 09-31.
The City Council desires to revise the policy and procedure for naming City parks
and permit naming portions of City recreation facilities in honor of individuals.
Resolution 09-31 amends the policies and procedures for naming parks and
recreational facilities to permit the naming of portions of parks or facilities to be
named in honor of individuals.
8.6 Authorize settlement of The Complete Angler, LLC, et al. v. City of Clearwater, a
first amendment case, in the amount of $55,000.00, and authorize the City
Manager to execute the Consent Judgment and Settlement Agreement. (consent)
The Complete Angler and its business owners filed suit in federal Court alleging
that portions of the City’s sign code, facially and as applied, violated their first
amendment rights by improper content-based regulation and sought injunctive
and declaratory relief, damages and attorneys’ fees under the Civil Rights Act.
Following hearing, on April 9, 2009, Judge Whittemore entered an Order Granting
Plaintiffs’ Motion for Preliminary Injunction, finding that the application of the sign
code to Plaintiffs’ fish painting and banner was unconstitutional and did not
withstand strict scrutiny. The Court enjoined the City from compelling removal of
the fish painting or banner and from citing violations of certain Code sections in
connection with them. Since one of the criteria for granting of a preliminary
injunction is the likelihood of eventual success on the merits at trial, it is thought
there is a good chance that Plaintiffs will be successful if the case continues.
The terms of the proposed settlement are:
The City will pay $55,000.00 to Plaintiffs;
Plaintiffs will dismiss the federal case;
The City will allow the fish painting and banner to remain and will not cite the
listed Code sections in connection with either [it is staff’s understanding that the
Council Work Session 2009-8-3 15
banner has been removed];
Plaintiffs may complete the fish painting;
Plaintiffs release the City, and its employees and agents in the course and scope
of their official employment duties, from any claims;
The City Manager is authorized to execute a Consent Judgment and Settlement
Agreement memorializing the settlement terms and the parties will submit it to the
Court for entry of a Final Consent Order.
Funding is available in the Central Insurance Fund operating budget for the
settlement cost.
In response to questions, City Attorney Pamela Akin said staff is looking at other
municipal mural programs.
It was stated that the Clearwater Regional Chamber of Commerce is looking into the
sign code and focusing on sandwich boards and banners.
8.7 Continue to September 3, 2009 the second reading of TA2009-01002.
9. City Manager Verbal Reports
9.1 City Manager Verbal Reports - None.
10. Council Discussion Items
10.1 Problematic Uses - Councilmember Gibson
It was stated that city code lists problematic uses. Permitted uses are listed in particular
zoning districts and instances.
Staff was directed to agenda discussion at a future work session.
10.2 Proposed amendment to Temporary Use Ordinance
Planning Director Michael Delk said staff does not support amending the code to
accommodate Westfield's request. City will always have vacant parking lots where
property owners may avail themselves to temporary uses. The proposed amendment
focuses on large parcels, limiting it to 2 locations in the city.
Council Work Session 2009-8-3 16
Development and Neighborhood Services Director Jeffery Kronschnabl said
accommodation will allow property owners to bring in car/boat dealers from other areas
who have ability to pay code violations on the owner's behalf.
Discussion ensued with concerns expressed regarding level of enforcement and limiting
dealerships to a radius.
A majority supported staff to draft an ordinance.
10.3 Flag Policy
Concerns were expressed with a recent newspaper article regarding a citywide
administrative policy outlining the removal of the American flag at various city facilities.
It was stated that only 1 flagpole was removed.
Solid Waste and General Services Assistant Director Rick Carnley said staff received
many complaints regarding the flag on Memorial Causeway was not properly lit.
Placing additional lighting on the flag pole was not an option as it would blind drivers.
The flag pole was temporarily removed while staff looks at inserting a shorter flag pole.
Staff looked at eliminating duplicated locations, closed facilities, and maintenance
facilities not manned all day.
Staff was directed to provide Council with a list of flag pole locations, leave all flags as
is, and work on solution for the Memorial Causeway location.
There was consensus to discuss issue in the future.
11. Other Council Action
11.1 Other Council Action - None.
12. Adjourn
The meeting was adjourned at 12:12 p.m.
Council Work Session 2009-8-3 17