10/19/2009
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
October 19, 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,
Rosemarie Call - Management Analyst, and Karen Vaughan - Senior Staff
Assistant.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
The meeting was called to order at 9:00 a.m. at City Hall.
1. Presentations
1.1 Service Awards
Five service awards were presented to city employees.
The Council recessed from 9:08 a.m. to 9:09 a.m. to meet as the Pension Trustees.
2. Customer Service
2.1 Approve contract with Northeast II, Inc., DBS TC Specialties of Tampa, FL, in the
amount of $470,000 for utility bill printing and mailing and for mail processing
services and postage for the City of Clearwater from November 1, 2009 through
October 31, 2010, and authorize the appropriate officials to execute same
(consent).
In 2009, the City decided to no longer operate its Graphics Department which
printed the utility bills for the City of Clearwater utilities. The City issued RFP 27-
09 to solicit proposals to print, apply postage and mail utility bills and to pick-up,
process and apply postage and mail general City departmental mail. TC
Specialties was selected as the vendor of choice from respondents to the RFP.
The terms of the contract provide for:
* Printing, processing (including insertions as required), affixing postage and
mailing of city utility bills;
* Vendor provides all bill stock and envelopes (mailing and return);
* Pick-up, processing, affixing postage and mailing of City general department
mail.
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Estimated costs are:
- Professional Services: $92,000;
- Postage – Utility Bills: $274,000;
- Postage – City Departmental Mail: $104,000;
- Total: $470,000Funding is available in FY 2010 budget.
Professional Services will be charged to 0555-09782-530300-519-000-0000 and
charged back to the appropriate departmental cost center. Postage for City of
Clearwater Utility Bills will be charged to 0555-09884-542500-519-000-0000.
Postage for City Departmental Mail will be charged to 0555-09872-542500-519-
000-0000 and charged back to the appropriate departmental cost center.
This contract will be monitored and will be reviewed annually. This contract has
two (2) one (1) year extension options with the consent of both parties.
In response to questions, Customer Service and Marketing Director James Geary said
the city did not receive any proposals within Pinellas County. The RFP was posted on
the web and sent to 15 vendors.
Staff was directed to clarify cost savings information.
3. Fire Department
3.1 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in
the amount of $436,380.00 for the purchase of one (1) new Pierce Heavy Duty
Velocity Pumper in accordance with Sec. 2.564 (1)(b)and(e), Code of
Ordinances, Exceptions to Bid and authorize the appropriate officials to execute
same. (consent)
Clearwater Fire and Rescue purchased five (5) front line fire engines in 1999 and
established a capital improvement project to fund the replacement of one of these
units each year starting in FY 2010.
The first of these units, Engine 44 based on Sand Key, is ready for
replacement. Engine 44 is scheduled to move to the reserve fleet and replace a
vehicle which has already been retired. The new unit will be stationed at Station
45 due to higher call volumes experienced in downtown.
The Department has determined the Pierce Heavy Duty Velocity Pumper built by
Pierce Manufacturing meets the operational needs of the Department. The cost of
the unit is $448,940.
The manufacturer has offered a discount of $15,260.00 if payment is made at time
of order. The Department desires to prepay for this purchase and take advantage
of this discount. To protect the City’s interest a performance bond will be
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purchased for $2,700.00, which guarantees performance of all terms and
conditions of the contract and of the basic one year limited warranty agreement.
The performance bond will specifically cover the performance of the contract
according to its terms and conditions, as well as payment of all related bills and
encumbrances.
Prepayment and purchase of the performance bond results in a net purchase
price of $436,380. Penny for Pinellas funding of $450,000 is currently available in
CIP project 315-91218, Fire Engine Replacement, for this purchase. Pricing is
valid up to November 1, 2009 with a delivery time of April 2010. The City will be
reimbursed by the County for a portion of the purchase, approximately 13%, as
the vehicle will support fire operations in the unincorporated areas of the
Clearwater Fire District.
The remaining $13,620 in project funding will be used to purchase fire hose for
the new unit.
Estimated annual operating costs in the department’s annual operating budget
include fuel and routine garage charges for operating the new vehicle. Garage
charges on the new vehicle are expected to be less than on the replaced vehicle.
This purchase is a piggyback of Lake County Contract 08-0803.
The Pierce pumper is the City of Clearwater Fire Department standard for the
purpose of training and maintenance. Custom components have been added to
meet the needs of the fire district and surrounding municipalities.
Warranty: Limited 1 year warranty for 12 months free of defects in material and
workmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on
chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on
command zone components, Chassis, Vel/Impel/Qtm/AXT; lifetime on UPF and
water tank; 5 years on waterous (pump); 10 year on S/S plumbing and standard
paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile
warranty on engine provided by Cummins.
Maintenance: Ten-8 Fire Equipment, Inc. a full service apparatus repair facility,
will perform all of the warranty work. Our City’s General Services Division will
perform routine maintenance and testing. Annual pump testing will be performed
by our Logistics Bureau in accordance with NFPA standards. Any additional
repairs can be contracted through Ten-8 at an additional cost per their service fee
schedule.
A heavy duty Velocity pumper apparatus provides exceptional pumping water
capability, enhanced storage capability, lower vehicle profile and will significantly
up-grade the abilities of the unit it replaces.
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The proposal for fire apparatus conforms with all Federal Department of
Transportation (DOT) rules and regulations in effect at the time of bid, and with all
National Fire Protection Association (NFPA) Guidelines for Automotive Fire
Apparatus as published at the time of bid, except as modified by customer
specifications. Pierce Manufacturing operates a Quality Management System
under the requirements of ISO 9001. The apparatus will meet the current NFPA
1901 recommendations and will maintain design and operational features
consistent with the department’s needs.
In response to questions, Fire Chief Jamie Geer reviewed the engine replacement
schedule. The engine to be replaced was originally under-specced and now requires
costly maintenance repairs.
Solid Waste and General Services Assistant Director Rick Carnley said heavy duty
vehicles have suspension and brake systems able to handle weight and force of
vehicle.
Chief Geer said the downtown engine will go to Sand Key and the Sand Key engine will
go to reserve. The department tries to get heavy service life in the early years while
under warranty then rotate the engines to other units to maximize life. Chief Geer said
there are 2 engines, 1 aerial and 3 rescue trucks currently under reserves.
4. Financial Services
4.1 Award a contract to Arbitrage Compliance Specialists, Inc., of Centennial,
Colorado, for arbitrage consulting services for a not-to-exceed amount of $50,000
for the five year period ending September 30, 2014 and authorize the appropriate
officials to execute same. (consent)
Issuers of tax-exempt bonds are required to timely file IRS Form 8038-T and remit
any positive arbitrage on every 5-year anniversary of a bond issue. Positive
arbitrage is the ability to obtain tax-exempt bond proceeds and invest the funds in
higher yielding taxable securities, resulting in a profit. The IRS rules regarding
arbitrage calculation are complex and most municipalities elect to hire experts in
this area to ensure compliance.
Arbitrage Consulting Services, Inc (ACS) was selected from a group of nine (9)
national firms responding to RFP 22-09.
All nine firms responding to the RFP were deemed responsible proposers and
were differentiated primarily by cost.
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ACS submitted the lowest cost proposal and maintains an office in Orlando, FL.
The total cost to be incurred over the 5-year period will be determined by the
number of bond issues outstanding and the complexity of the calculations. It is
not expected that the total cost over this 5-year period will exceed $50,000.
4.2 Establish the intent to reimburse certain Water and Sewer project costs incurred
with proceeds of future tax-exempt financing and adopt Resolution 09-42.
In 2008, a Water and Sewer rate study was completed and resulted in the City
Council approving 7% rate increases in FY 2009, FY 2010 and FY2011 and
annual rate increases of 6% per year for FY 2012 and FY 2013. These rate
increases are sufficient to provide for operations, capital projects, and debt
service on bonds.
In 2009, an interim rate study was completed that identified a need for
approximately $41.5 million in capital project from FY 2010 through FT 2011, with
bonds to be issued in FY 2011 of approximately $34,678,500. The FY 2011 bond
issue is expected to partially finance the projects on the list with the remainder to
be financed with water and sewer revenues.
The date of issuance will be determined at a later date based on market
conditions.
The Water and Sewer fund will be incurring expenses on these projects prior to
the issuance of the bonds. This reimbursement resolution will allow for the City to
be reimbursed from the bond proceeds.
5. Gas System
5.1 Ratify and confirm Grant Agreement between the U.S. Department of
Transportation and the City of Clearwater. (consent)
The Department of Transportation/Pipeline and Hazardous Materials Safety
Administration (PHMSA) has issued to Clearwater Gas System a $50,000
technical assistance grant to perform upgrades to our Geographic Information
System (GIS). These upgrades include scanning and digitizing of our old
microfilmed service line cards.
The Grant application was submitted on May 29, 2009, and was awarded on
September 28, 2009. A first quarter budget amendment will establish project 181-
99861, Gas GIS Upgrades, in the amount of $50,000.
6. Human Resources
6.1 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the Fraternal Order of Police Officers for Fiscal Years 2009/10,
2010/11, and 2011/12 and authorize the appropriate officials to execute same.
The most recent collective bargaining agreement between the City of Clearwater
and the Fraternal Order of Police Officers bargaining unit expired on September
30, 2009. City management staff met with representatives of the Fraternal Order
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of Police Officers beginning in August of 2009 to negotiate a new agreement. On
September 10, 2009, the parties reached a tentative agreement that was
subsequently submitted by the Union to its bargaining unit which ratified the
agreement by a vote of 91 to 3 on October 1, 2009.
The agreement is a three-year contract, providing for no general wage increase in
the first year and including reopener clauses to negotiate wage and pay range
adjustments in years two and three, as well as reopener clauses to discuss the
promotional selection process and the implementation of a Master Officer
designation. The agreement also provides for the City to pay for the first three
vacation days used by each bargaining unit member with no charge to the
employee’s vacation leave balance in the first year of the contract only. In
addition, the parties agreed all bargaining unit members will comply with the City’s
revised Tobacco Product Usage Policy. There are no other significant changes to
the existing contract language. Costs are within the City’s approved budget for the
first year of the contract, and will be determined in accordance with the outcome
of negotiation of the wage reopener clauses for the second and third years.
6.2 Authorize the negotiation of a contract with CIGNA HealthCare for medical
insurance under a fully insured funding arrangement for the contract period of
January 1, 2010, to December 31, 2011, at a total cost not to exceed $16,000,000
dependant on the funding strategy as determined by the City Council.
The contract with the City’s current medical insurance provider, CIGNA
HealthCare, expires on December 31, 2009. CIGNA presented a renewal offer
that was not acceptable to the City and The City’s Benefits Committee
recommended that the City’s Agent of Record the Gehring Group negotiate with
the major carriers to achieve a more favorable proposal. Only CIGNA and United
Healthcare responded, with Aetna, Blue Cross/Blue Shield, and Humana
declining.
The final proposal from CIGNA to maintain the plan options currently in effect
would result in a 14.7% overall cost increase totaling approximately $2.034 million
in additional premiums based on no shift in enrollment. The final proposal from
United Healthcare to maintain the plan options currently in effect would result in a
17% overall cost increase totaling approximately $2.355 million in additional
premiums based on no shift in enrollment. Both carriers also presented alternate
proposals that would result in no increase in premiums for the base plan option
currently in effect.
After evaluating all proposals, the City Benefits Committee by a vote of 14-1
elected to recommend to City Council that CIGNA HealthCare be retained as the
medical insurance provider for 2010, and also recommended that the plans
currently in effect be maintained with the increase in cost being shared by the City
and employees in accordance with the percentages for City subsidies proscribed
by the City’s current funding strategy, i.e., 100% for employee-only, 75% for
employee plus one, and 68% for employee plus family based on the rates for the
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base plan option. The Benefits Committee recommendation would result in an
increase in cost of approximately $411,000 for employees and $1.623 million for
the City based on current enrollment demographics.
Staff does not concur with this recommendation. The City recommends retaining
CIGNA HealthCare as the medical insurance provider for 2010, but recommends
adopting the alternate proposal submitted by CIGNA. This proposal would
maintain the current benefit levels for both the City’s “buy-up” copay and POS
plans, but with increases in premiums, and would also provide for reductions in
the schedule of benefits for the base plan option, but with no increase in
premiums. The staff recommendation would maintain the City’s current funding
levels, resulting in an increase in cost of approximately $1.55 million for
employees, provided there is no shift in enrollment.
For fiscal year 2010, the City has budgeted approximately $10.28 million for
approximately 1658 full time positions for the City’s share of medical insurance
coverage (including EAP and mental health/substance abuse).
Based on the Benefit Committee recommendation, the City’s estimated share of
actual expenses for FY 2010, which covers three months of the current year and
nine months of this proposed contract with CIGNA as well as estimated costs for
EAP/mental health would be $11.59 million. The difference between budgeted
and maximum actual costs, estimated to be $1.31 million, would have to be taken
from reserves in the Central Insurance Fund. The CY cost for this scenario would
be $15.9 million ($11.9 million city share, $3.3 million employee share, and
$700,000 retiree/cobra share).
Based on the staff recommendation, the City’s estimated share of actual
expenses for FY 2010 would be $10.45 million. The difference between budgeted
and maximum actual costs, estimated to be $170,000 would also have to be taken
from reserves in the Central Insurance Fund. The CY cost for this scenario would
be $15.4 million ($10.3 million city share, $4.3 million employee share, and
$800,000 retiree/cobra share).
Both the Benefits Committee and Staff recommend maintaining the current
funding strategy for City contributions to health care premiums to represent 100%
of the “Base” HMO cost for Employee Only, 75% of the “Base” HMO cost for
Employee plus One, and 68% of the “Base” HMO cost for Employee plus Family,
to be applied to the respective tiers in the copay HMO and POS plans.
The above numbers assume that all positions are filled at all times and that
employees select the tier of coverage (employee only, employee + 1, and
employee + family) similar to the current year. City share of costs related to the
CIGNA contract for coverage for FY 2011 will be budgeted as part of the fiscal
year 2011 budget.
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Human Resources Manager Allen Del Prete provided a power point presentation.
In response to questions, Mr. Del Prete said last year Cigna provided an incentive for a
3% rate reduction if 90% of plan participants completed an online wellness survey. The
city did not meet the required threshold.
Gehring Group representative Kurt Gehring said decreased benefits and increased
costs is a trend felt by all entities. The co-pay and prescription fees may still be
negotiable. Those who shift to the base plan will see a reduction.
In response to questions, Mr. Gehring said self-funding will not affect the plan. Self
funding will be considered if the clinic is in place and a provider does not come back
with an acceptable premium rate. Those who have implemented a clinic have seen
good results.
Discussion ensued with concerns expressed regarding self-funding.
Mr. Del Prete said staff has received proposals for a clinic and will soon review them.
The initial cost will be a monthly fee per employee. The city this year will be changing to
a minimum premium and paying claims as they come, similar to being self-insured.
7. Information Technology
7.1 Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California for
cellular/radio, Treo and Blackberry services for the period November 2009
through October 2010 in an amount not to exceed $286,000 in accordance with
the best response to RFP 28-09 for wireless communication services and
authorize the appropriate officials to execute same. (consent)
RFP 28-09 for wireless communication services was issued for all cellular voice,
radio and data services. The RFP included service for all cell phones
(approximately 480) and all cellular data cards (approximately 300), including
220 datacards from the police department which have just completed a 3-year
contract.
The costs for the previous year were $312,000; this year’s commitment
represents a savings of approximately $26,000 ($18,000 due to savings for data
services).
Pricing submitted by vendors in response to the RFP was consistent with State
Contract or other accessible government contracts (i.e. WSCA, GSA, etc.).
8. Solid Waste/General Support Services
8.1 Award a contract (purchase order)to Kenworth of Central Florida of Orlando, FL in
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the amount $297,398.00 for the purchase of two Kenworth T800 with Galbreath
Roll-Off Hoist 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 the appropriate officials to execute same.
(consent)
This purchase is a piggyback of the Florida Sheriff’s Bid 09-17-0908.
The Cab and Chassis will replace G2104 and G2304 listed in the Solid Waste CIP
replacement list.
8.2 Approve a contract (Purchase Order) to Rush Truck Center of Tampa, FL for the
purchase of four (4) Peterbilt Model 320 chassis with 29 yard Labrie Automatic
Side Loader body at a cost of $896,352.00 in accordance with Sec. 2.564(1)(d),
Code of Ordinances - Other governmental bid, authorize lease purchase under
the City’s Master Lease Purchase Agreement and authorize appropriate officials
to execute same. (consent)
These trucks will be purchased through the Florida Sheriff’s Association Contract
09-17-0908.
These trucks are included in the Garage CIP Replacement List for Budget Year
09/10 and replaces G2307, G2308, G2563 and G2419.
8.3 Ratify and Confirm the City Manager’s acceptance to receive proceeds from the
U.S. Department of Energy Block Grant Award Number DE-SC0002363 in the
amount of $1,075,400.00 for several projects within the City, Approve a first
quarter budget amendment to establish a budget for this grant in projects 181-
99856 in the amount of $18,000 for LEED Training and Certification, 181-99857 in
the amount of $244,000 for Electronic Plan Submittal and Review, 181-99858 in
the amount of $350,000 for Clearwater Energy Efficiency, Conservation and
Mobility Strategies, 181-99859 in the amount of $463,400 for Energy Efficiency
Retrofits in City Facilities for a grand total of $1,075,400, and authorize the
appropriate officials to execute same. (consent)
The City of Clearwater applied for the Energy Block Grant on June 26, 2009 in the
maximum amount of $1,075,400. This grant is associated with stimulus money
available from the Federal Government. The grant does not require any matching
funds. Consistent with grant objectives for reducing total energy use and
improving energy efficiency in the transportation and building sectors, the
following projects were established for the grant and must be completed by
August 20, 2012:
LEED Training and Certification – $18,000 – Funds will be used to purchase
various training materials such as CD’s, Web classes, books; enroll staff member
in classes offered by various organizations focusing on the LEED program; pay
for certification tests for staff. A total of 18 staff members will benefit from this
training and certification. LEED is the US Green building Council’s recognized
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green building certification program aimed at improving energy savings, water
efficiency and green building design and construction standards. This training is
necessary for proper inspection of LEED construction projects within the City and
would otherwise be a General Fund expense.
Electronic Plan Submittal & Review – $244,000 – The City will purchase an
electronic plan submittal and review computer program to work in conjunction with
our permitting software, upgrade our internal computers and monitors to
accommodate the new software requirements and purchase computer servers for
storing electronic plans. Citizens will be able to submit plans electronically rather
than make trips to the office and monitor the review process via the web. This
process will reduce the use of paper resulting in fewer costs to the applicant, less
storage space needed and reduced transportation impact on our environment
since plans can be accessed via computers. This project has been in our
planning phase to follow an upgrade of the Tidemark permitting system and would
otherwise be a General Fund expense.
Clearwater Energy Efficiency Conservation and Mobility Strategies – $350,000 –
The Clearwater Energy Efficiency, Conservation and Mobility Strategies Project is
a two part planning project that consists of research, data analysis, policy
development and implementation related to energy efficiency, conservation and
energy usage. Part One will further define and establish the City’s energy
conservation goals and policies in the Clearwater Comprehensive Plan and Part
Two implements these through the City’s land development regulations. Pursuant
to the Mayor’s Climate Protection Agreement and Florida House Bill 697, the City
must establish new and expanded planning provisions related to energy efficient
land use patterns and transportation strategies to address greenhouse gas
reductions, energy conservation, and energy efficient housing. Development of
these strategies would otherwise be funded in the General Fund. Likewise, the
savings from these projects will reduce operating costs within the respective
funds.
Energy Efficiency Retrofit in City Facilities – $463,400 – The balance of the block
grant funds will be for an Energy Efficiency project to provide for a variety of
efficiency improvements in a large number of City Facilities as outlined below.
Except for the Gas Administration and Solid Waste facilities, the other
modifications and retrofits would be funded in General Fund. Air Conditioning
Modifications: City Hall Gas Administration Long Center – UPARC Lighting
Retrofits: Fire Station 50Garden Ave. Garage Solid Waste Transfer Station Fire
Station 47Fire Station 45General Services Countryside PD
It was suggested that consideration be given to carbon credit exchange as a potential
revenue source.
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9. Public Utilities
9.1 Award contract (purchase order) to SPER Chemical in the amount of $556,500.00
for FYs 2010 2012 for corrosion control (polyphosphate) chemical at water plants
and authorize the appropriate officials to execute same. (consent)
The SPER Chemical is the lowest responsible bid meeting all requirements of the
specifications. A purchase order is recommended to be awarded to SPER
Chemical for $556,500.00 to provide the Water Division with polyphosphate to
inhibit corrosion and assist in maintaining water quality.
Polyphosphate is used at all three (3) water treatment plants to reduce the
potential of corrosion on the distribution piping and to reduce water quality issues.
The product coats the distribution piping to prevent corrosion and premature
failure. In addition, the product sequesters iron to prevent iron particles from
entering customers’ homes and reduces lead and copper levels in the drinking
water.
The period of the contract will be for one year with the option to renew up to three
(3) years. Sufficient budget is available in the Water and Sewer Utility Fund
operating cost center 0421-02053-551000-533-000-000, Water Supply
Operations, to fund the current year cost of this contract and is planned in the
budget request to be brought forward for the 2011 and 2012 fiscal years.
9.2 Approve a one-year extension, at no increase in cost, to an existing contract
(purchase order) with ITT Water and Wastewater U.S.A., Inc., of Tampa, Florida
for Flygt Pumps, replacement parts and factory authorized service and authorize
the appropriate officials to execute same. (consent)
The amount of this contract, $290,000.00, was approved by Council on 10/15/08
for the period of November 1, 2008 to October 31, 2009. Of the approved amount,
$149,839.53 remains unused due to a lower demand for repairs and
replacements than originally projected. At the current rate of use, the remaining
amount is forecast to last until November 1, 2010.
Flygt Pumps are the standard for the Water Pollution Control (WPC) Division for
submerged internal recycle and backwash applications and by the Maintenance
Division for lift station pump applications. Having a standard expedites repairs,
replacements and maintenance, and eliminates excessive equipment downtime
without the greater cost of retrofit and redesign. ITT Water and Wastewater
U.S.A., Inc. is sole source for Flygt pumps, replacement parts and factory
authorized service.
Sufficient budget remains available in the Water & Sewer Utility Fund as follows:
WPC 0421-01351-550400-535-000-0000 $25,427.15 FY09/10 $2,360.00
FY10/11
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Maintenance 0421-01347-550400-535-000-0000 $111,686.28 FY 09/10
$10,366.09 FY 10/11.
9.3 Award two (2) new Purchase Orders (Contracts) for the period October 23, 2009,
through September 30, 2010, to Odyssey Manufacturing Company, of Tampa
Florida, for a total value of $324,762.69, for Liquid Sodium Hypochlorite for the
Water Division and the Water Pollution Control Division and authorize the
appropriate officials to execute same. (consent)
The Odyssey Manufacturing Company is the low bid for Liquid Sodium
Hypochlorite in the City of Ocala bid, B2952, for the period October 1, 2009
through September 30, 2010. The subject contract will “piggy-back” the City of
Ocala’s bid.
A purchase order will be awarded to Odyssey Manufacturing Company for
$111,046.25 to provide the Water Division with Liquid Sodium Hypochlorite to
disinfect potable water per Florida Administrative Code 62-550. A separate
purchase order for $213,716.44 will be awarded to provide the Water Pollution
Control Division with Liquid Sodium Hypochlorite to disinfect wastewater in the
temporary feed systems at the Marshall Street and East Water Pollution Control
Facilities.
Sufficient budget is available to fund FY09/10 in the Water & Sewer Utility Fund
operating cost centers 0421-02053-551000-533-000-000, Water Operations, in
the amount of $111,046.25 and 0421-01351-551000-535-000-0000, WPC
Operations, in the amount of $213,716.44.
10. Engineering
10.1 Approve the Alligator Creek Watershed Management Plan Phase 1 Work Order
between the City and Jones Edmunds Associates, Inc. (Engineer of Record) in
the amount of $400,000.00 and authorize the appropriate officials to execute
same. (consent)
This work order to Jones Edmunds is to provide professional services for the
Alligator Creek Watershed Management Plan (ACWMP) Phase 1.
The Southwest Florida Water Management District (SWFWMD) and the City
cooperatively funded the 1997 ACWMP and many of the recommended projects
have been completed. Jones Edmunds will provide professional services to
update the ACWMP and FEMA maps to reflect existing conditions’ flooding risk.
The watershed covers an area of approximately 9 square miles and is located in
Clearwater and Pinellas County. This project will be divided into two phases. This
work order initiation is for Jones Edmunds to provide professional services for
Phase 1 of the project, which will include development of digital topographic
information and completion of a watershed evaluation.
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Phase 2 of the project will create a revised model and an updated watershed
management plan. It is anticipated that Jones Edmunds will perform professional
services for Phase 2 also. The watershed evaluation element will include
identification of existing watershed features, information from implemented
projects, and an inventory of hydraulic and hydrologic features, a preliminary
junction and reach GIS database, and a surface water resource evaluation. Phase
2 of the project will include a revised model to reflect the existing conditions of the
watershed and a revised watershed plan that will include projects to reduce
flooding, increase water quality and improve natural systems.
The revised model will be submitted to FEMA to update the Flood Insurance Rate
Maps to reflect the existing conditions’ flooding risk. This work order is for a total
amount of $400,000. Upon completion of the project, the City will request to be
reimbursed up to 50 percent of total costs, not to exceed $200,000 from
SWFWMD.
A first quarter amendment will increase Capital Improvement Program (CIP)
project 0315-96173, Alligator Creek Watershed Projects once the SWFWMD
grant agreement is approved; additional funding of $200,000 is available in CIP
0315-96173 to fund the work order.
10.2 Approve the Alligator Creek Watershed Management Plan Phase 1(N097)
cooperative funding agreement in the amount of $200,000 between the City and
Southwest Florida Water Management District (SWFWMD) and authorize the
appropriate officials to execute same. (consent)
Southwest Florida Water Management District (SWFWMD) and the City
cooperatively funded the 1997 Alligator Creek Watershed Management Plan
(ACWMP) and many of the recommended projects have been completed. This
project will update the ACWMP and the FEMA maps to reflect the existing
conditions flooding risk. The watershed covers an area of approximately 9 square
miles and is located in Clearwater, and Pinellas County.
This project will be divided into two phases. This funding agreement no.
09C00000108 is for Phase 1 of the project, which will include development of
digital topographic information and completion of a watershed evaluation. Phase 2
of the project will create a revised model and an updated watershed management
plan.
The watershed evaluation element will include identification of existing watershed
features, information from implemented projects, and an inventory of hydraulic
and hydrologic features, a preliminary junction and reach GIS database, and a
surface water resource evaluation.
This agreement will reimburse up to 50% of total costs of $400,000 up to and not
to exceed $200,000.
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A first quarter amendment will increase Capital Improvement Program project
0315-96173, Alligator Creek Watershed Projects by $200,000 of SWFWMD
(337900) grant revenue.
10.3 Award Construction contract for the Bayfront Upland Improvements Project (07-
0045-MA) to BRW Contracting Inc., in the amount of $456,009.66 and
an additional $27,500 for Alternate Bid Item 81 for a total contract value of
$483,509.66 and authorize the appropriate officials to execute same. (consent)
This project consists of upland improvements in support of the Downtown Boat
Slips and Promenade projects. Key elements include upgrades to the existing
bayfront parking lots, and the addition of crosswalks, drop off lanes and medians
along Drew Street. Other elements include landscaping, irrigation, re-grading,
sidewalks, stormwater re-routing, lift station install at the dockmaster building,
bayfront lighting, and approval of the alternate bid item of a paver designed
compass. The Marine and Aviation, Parks and Recreation and Parking System
Departments will be responsible for the operation and maintenance of these
improvements.
Sufficient revenue is available in Capital Improvement Program projects 0315-
93405, Downtown Boatslips in the amount of $434,067.69; 0315-92630, Parking
Lot Resurfacing in the amount of $19,430.67; and 0315-92636, Parking Lot
Improvements Improvements in the amount of $30,011.30.
In response to questions, Environmental Manager Ed Chesney said the boatslips
construction is underway and anticipates completion in February. The compass design
located in front of the building was originally granite but now a paver for cost savings.
10.4 Approve LAP Agreement Supplement One for the East Avenue Trail Connection,
decreasing the total amount to $313,596.00, to reflect the actual bid amount plus
additional funding provided by FDOT for CEI and Materials Testing and adopt
Resolution 09-40.
The new amount of $313,596.00 reflects the bid amount of $289,029.25 rounded
off to $289,029.00 plus $20,232.00 (7%) for CEI and $4335.00(1.5%) for materials
testing for a grand total of $313,596.00.
This is a supplement to the LAP agreement approved on June 30th, 2009.
The award of bid on this project was September 3rd, 2009 and this supplement is
to bring the paperwork into agreement with the bid amount plus additional funding
for CEI and Materials Testing.
10.5 Dedicate a 4,313 square foot, more or less, parcel of land lying within Lots 17, 24
Work Session 2009-10-19 14
and 25 of the plat of PINELLAS GROVES, as recorded in Plat Book 1, Page 55 of
Pinellas County Official Records, as public right-of-way, adopt Resolution 09-43
and authorize appropriate officials to execute same.
This right-of-way dedication will facilitate the Morningside Neighborhood Traffic
Calming Project and specifically the construction and maintenance of a
roundabout proposed at the intersection of Harn and Stewart Boulevards.
Section 2.01(d)(5) of the City Charter permits dedication of right-of-way from
property with a recreation/open space land use designation without prior approval
of voters at referendum.
10.6 Authorize appropriate City of Clearwater officials to sign applications for Florida
Department of Transportation permits and adopt Resolution 09-44.
This is an update to the list of City staff authorized to sign applications for Florida
Department of Transportation (FDOT) permits. The existing list authorized by
Resolution 03-40 is obsolete necessitating this action.
The list in Resolution 09-44 includes Engineering Department and Clearwater Gas
System staff responsible for projects that may require FDOT permits.
10.7 Approve the Declaration of the Tampa Bay Nitrogen Management Consortium
(NMC) to implement the 2009 Tampa Bay Reasonable Assurance Addendum and
authorize appropriate officials to execute same. (consent)
The NMC participants, which includes the City of Clearwater, developed a set of
nitrogen allocations that attempts to equitably distribute the nitrogen loading for
each major bay segment. The cumulative allocated load is equal to the 1998
federally recognized Total Maximum Daily Load (TMDL) for each segment. These
allocations are required in order for existing NPDES permits to be renewed or new
permits to be issued. The Utilities and Stormwater Departments both hold several
permits affected by the Tampa Bay TMDL for nitrogen.
In response to questions, Environmental Manager Ed Chesney said Total Maximum
Daily Loads (TMDLs) allocations are based on permits and actual discharge. TMDLs
regulate the treatment of runoff. Public Utilities Assistant Manager Nan Bennett the city
is allowed to discharge 27.1 tons or receive a 90% credit that goes into reclaimed water.
10.8 Approve a Work Order in the amount of $271,690 to Cardno TBE, an Engineer-of-
Record for the City of Clearwater, to provide Construction Engineering and
Inspection (CEI) services for the relocation of the City’s water, sewer and
reclaimed water facilities that are in conflict with the reconstruction of US 19 from
Whitney Road to north of Gulf to Bay Blvd, (SR 60 and authorize the appropriate
officials to execute same. (consent)
This Agenda Item is for Construction Engineering and Inspection, (CEI), services
Work Session 2009-10-19 15
for the relocation of the City’s existing water, sewer and reclaimed water mains
that are in conflict with the reconstruction of US 19 from Whitney Road to north of
SR 60 (Gulf to Bay Blvd), FDOT FPN: 256881-1 and 256881-2.
The scope of the work includes general project management, coordination and
construction administration, receive, review, log and process shop drawings,
attend progress meetings, observe and report on the progress and quality of work,
review requests for payment, provide record drawings and project close-out.
Project construction will commence in January 2010 with utility work anticipated to
take twelve (12) months to complete.
Cardino TBE is the EOR responsible for designing the utility relocation work and
will provide CEI services related to work on the City of Clearwater’s infrastructure
throughout the construction period for a fee of $271,690.
Sufficient budget and funding with 2009 Water and Sewer Revenue Bond
proceeds is available in project 0376-96739, Reclaimed Water Distribution,
System, in the amount of $27,140.00 and in project 0376-96742, Line Relocation-
Capitalized in the amount of $190,200,00. Sufficient budget and Utility revenue is
available in project 0327-96634, Sanitary Utility Relocation Accommodation in the
amount of $54,350.00 for a total of $271,690.00 for this contract.
10.9 Approve the vacation of the east 5-feet of the 10-foot drainage easement lying
east of and adjacent to the west property line of Lot 5, Block "V", Hibiscus
Gardens, (a.k.a. 1221 Turner St.), and pass Ordinance 8120-09 on first reading,
(VAC2009-05 Kirkland,Jr., Trustee),
The City of Clearwater previously adopted Ordinance 8085-09, effective
September 3, 2009, improperly vacating the west five-feet of the 10-foot drainage
easement due to an error on the submitted application when it was the applicant’s
desire to vacate the east five-feet of the subject easement.
Ordinance 8120-09 rescinds the previous vacation and vacates the appropriate
portion of the subject drainage easement.
The applicant is seeking to vacate the easement portion to eliminate an existing
encroachment by a building that was permitted in 1973.
Due to the easement being a drainage easement the applicant was not required
to obtain letters of no objection from the private utility companies.
The City of Clearwater has no facilities in the drainage easement and anticipates
no future need for the subject easement portion.
The Engineering Department has no objections to the vacation request.
Work Session 2009-10-19 16
10.10 Award a contract to Suncoast Development of Pinellas County, Inc. of Odessa,
Florida in the amount of $1,212,827.00 for construction of the Water Treatment
Plants 1 and 3 Wellfield Expansion Project Phase II - Raw Water Mains (project
number 07-0037-UT), which is the lowest responsible bid received in accordance
with the plans and specifications for this project and authorize the appropriate
officials to execute same. (consent)
This agenda item is for the construction of new raw water mains as the second
phase of the Wellfield Expansion Project where Phase I – Well Installation was
awarded in January 2009 and is under construction.
The goal of this project is to connect the new wells to the Water Treatment Plants
1 and 3, so raw water can be treated to produce drinking water.
It is anticipated construction will be accomplished in 360 days and be completed
by the end of November 2010.
McKim and Creed, the engineering design consultant for this project and an
Engineer-of-Record for the City of Clearwater, is responsible for the design of the
improvements. The final engineering estimate was $2,057,850. There were 8 bids
submitted ranging from the low bid of $1,212,827 by Suncoast Development of
Pinellas County, Inc. to the high bid of $1,936,000.00. After comparing the bids,
McKim and Creed’s recommendation is to award construction of the project to
Suncoast Development of Pinellas County, Inc. in the amount of $1,212,827.00,
and City staff concurs.
The City of Clearwater’s Public Utilities Department Water Division is responsible
for owning, operating and maintaining the raw water system.
Sufficient budget and funding with 2009 Water and Sewer Revenue Bond
proceeds are available in project 0376-96763, Wellfield Expansion, in the amount
of $319,231.00 and in project 0376-96764, RO Plant Expansion in the amount of
$893,596.00 for a total of $1,212,827.00 for this contract.
10.11 Council discussion of creating a Coronado Drive/ Hamden Drive one-way pair on
Clearwater Beach. (WSO)
At Council direction Traffic Operations staff has met one-on-one with each
Councilmember. Consensus from these meetings was to discuss the item at a
Council work session.
Traffic Operations Manager Paul Bertels provided an aerial picture showing the one-
way pair on Coronado and Hamden. Proposal will reduce delays, increase capacity on
Coronado southbound and Hamden northbound, and eliminate conflicts for vehicles
exiting parking garages on Coronado.
In response to a question, Mr. Bertels said it would cost approximately $10,000 to
Work Session 2009-10-19 17
remove existing markings.
It was suggested that the project begin before Spring Break and that staff schedule a
public meeting.
11. Planning
11.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU), Preservation (P), and Drainage Feature Overlay and Initial Zoning Atlas
Designation of Medium Density Residential (MDR) District and Preservation (P)
District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the
North 150 feet of said Lot 4, Langes Replat of Browns Subdivision in Section 3,
Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and
8095-09 on first reading. (ANX2009-07011)
This voluntary annexation petition involves a 1.369-acre property consisting of
one vacant parcel of land. It is located on the west side of Betty Lane,
approximately 178 feet north of Sunset Point Road. The applicant is requesting
this annexation in order to receive water, sanitary sewer and solid waste service
from the City. The Planning Department is requesting that the 0.09-acres of
abutting State Street right-of-way not currently within the City limits also be
annexed. The property is contiguous to existing City boundaries to the north and
east. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Urban (RU), Preservation (P), and Drainage Feature
Overlay, and a zoning category of Medium Density Residential (MDR) and
Preservation (P).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently does not receive water service. The closest water lines are
located in both the adjacent State Street and Betty Lane rights-of-way. The
closest sanitary sewer line is located in the adjacent State Street right-of-way. The
applicant is aware of the additional costs to extend both City water and sewer
service to this property. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire
and emergency medical services will be provided to this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with water, sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
Work Session 2009-10-19 18
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed RU and P Future Land Use Plan categories are consistent with the
current Countywide Plan designation of this property. This RU designation
primarily permits residential uses at a density of 7.5 units per acre. The Planning
Department and the Pinellas Planning Council are processing a map adjustment
to update the Drainage Feature Overlay, making it congruent with the P
designation, pursuant to a jurisdictional wetlands survey. The proposed zoning
districts to be assigned to the property are the Medium Density Residential (MDR)
and Preservation (P) Districts. The use of the subject property is consistent with
the uses allowed in the District and the property exceeds the District’s minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north and east; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
11.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1408 Citrus Street (The east 30 feet of Lot 20 and Lot 21,
Block D Sunny Park Groves in Section 23, Township 29 South, Range 15 East)
and Pass Ordinances 8110-09, 8111-09 and 8112-09 on first reading.
(ANX2009-07012)
This voluntary annexation petition involves a 0.23-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side
of Citrus Street, approximately 100 feet east of Sunny Park Road. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The Planning Department is requesting that the 0.15-acres
of abutting Citrus Street right-of-way not currently within the City limits also be
annexed. The property is contiguous to existing City boundaries to the west. It is
proposed that the property be assigned a future land use plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property receives water service from Pinellas County. Sanitary sewer
connections are analyzed on a case by case basis through the City’s Engineering
Department. In this case, the applicant will install a private pump station, at their
Work Session 2009-10-19 19
own cost, that will connect to the closest sanitary sewer line located in the Sunny
Park Road right-of-way (100 feet west of the property). The applicant has paid
the City’s sewer impact fee. In the future, should the City extend the sanitary
sewer line down Citrus Street adjacent to the property, the property owner will be
required to then connect to the gravity system and pay the assessment fee at that
time. The applicant is aware of this potential additional cost. Collection of solid
waste will be provided by the City of Clearwater. The property is located within
Police District II and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be
provided to this property by Station 47 located at 1460 Lakeview Road. The City
has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL future land use plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the west; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
11.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1876 Sylvan Drive (Lot 16, Bock A Harbor Vista in Section 3,
Township 29 South, Range 15 East); and Pass Ordinances 8113-09, 8114-09 and
8115-09 on first reading.
Work Session 2009-10-19 20
(ANX2009-07013)
This voluntary annexation petition involves a 0.14-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the west side
of Sylvan Drive, approximately 170 feet south of Sunset Point Road. The
applicant is requesting this annexation in order to receive solid waste service from
the City. The property is contiguous to existing City boundaries to the south. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Urban (RU) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property receives water service from Pinellas County. Sanitary sewer service
is not currently available to this property. Collection of solid waste will be provided
by the City of Clearwater. The property is located within Police District II and
service will be administered through the district headquarters located at 645
Pierce Street. Fire and emergency medical services will be provided to this
property by Station 51 located at 1720 Overbrook Avenue. The City has adequate
capacity to serve this property with solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property meets the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
Work Session 2009-10-19 21
The property proposed for annexation is contiguous to existing City boundaries to
the south; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
11.4 Approve amendments to the Community Development Code establishing outdoor
automobile, boat, and recreational vehicle shows as an allowable temporary use
and setting forth standards for such new use, amend the ordinance on first
reading and pass Ordinance 8098-09 as amended on first reading.
(TA2009-08008)
City Council requested staff prepare a text amendment adding the outdoor
automobile, boat and recreational vehicle show use as a permitted temporary
use. This proposed use will be allowed in the Commercial (C) District for up to
four (4) days at a time, not more than four (4) times per year. Standards for this
new temporary use are created by this ordinance and are as follows:
Properties must be a minimum of 75 contiguous acres in size;
A maximum of 48 hours for set-up and 48 hours for break-down will be allowed in
addition to the maximum cumulative allowable time period;
Products displayed at the show may be sold, regardless of the property’s primary
use.
The definition of “temporary retail sales and displays” was originally proposed to
be modified in the ordinance, and was so advertized. However, this proposal is
being withdrawn and a motion to amend is recommended.
Ordinance 8098-09, the motion to amend and the staff report contain further
analysis and information on the proposed amendments.
The Community Development Board (CDB) reviewed the proposed text
amendment and motion to amend at its meeting of September 15, 2009. The
Board unanimously recommended the amendment for approval.
12. Official Records and Legislative Services
12.1 Appoint one member to the Municipal Code Enforcement Board with the term to
expire October 31, 2012.
Consensus was to appoint Kurt B. Hinrichs.
13. Legal
13.1 Authorize a civil action on behalf of the City against Florida Power Corporation,
and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to
Work Session 2009-10-19 22
recover costs and expenses incurred during the construction of improvements on
the Cleveland Street Streetscape Project and authorize a separate civil action on
behalf of the City against Florida Power Corporation, and Florida Power
Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and
expenses incurred during the construction of improvements on the Beach Walk
Coronado Drive project. (consent)
1) During the Cleveland Street Streetscape redesign and reconstruction project
from 2006 to its completion in 2009, “Progress Energy” failed to resolve conflicts
that arose from its decision not to relocate its facilities, such as overhead lines,
duct banks, and storm pipes. As a result, the City was required to expend funds to
compensate the contractor for time delays, redesign, and additional work. The
total amount claimed against “Progress Energy” is $179,298.00.
2) During the Beach Walk - Coronado Drive redesign and reconstruction project
from 2006 to its completion in 2009, “Progress Energy” failed to resolve conflicts
that arose from its decision not to relocate one of its duct banks. As a result, the
City was required to expend funds to compensate the contractor for time delays,
redesign, and additional work. The total amount claimed against “Progress
Energy” is $263,626.00.
The legal department requests authority to bring a legal action in each of the
above-referenced items against Florida Power Corporation, and Florida Power
Corporation d/b/a Progress Energy Florida, Inc. (including all other subsidiaries
and related corporations as necessary to obtain relief), to recover damages for the
additional costs and expenses incurred by the City.
The costs relative to each of these actions will include a $255.00 filing fee and
fees for service of process of approximately $200.00.
It was stated that the City should not be liable for attorney's fees but staff will confirm.
13.2 Continue to November 5, 2009 second Reading of Ordinances 8093-09, 8094-09,
8095-09 - ANX2009-07011 1923 N Betty Lane
13.3 Adopt Ordinance 8084-09 on second reading, vacating the forty-foot drainage and
utility easement lying east of and adjacent to the west property line of Lot 1,
Clearwater 19 Commerce Park.
13.4 Adopt Ordinance 8102-09 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, Water and Sewer Fund, Solid Waste Fund, Recycling
Fund, Gas Fund, Marine Fund, Airpark Fund, General Services Fund, Garage
Work Session 2009-10-19 23
Fund, Administrative Services Fund, and Central Insurance Fund.
13.5 Adopt Ordinance 8103-09 on second reading, amending the Capital Improvement
Budget for the fiscal year ending September 30, 2009 to reflect a net decrease of
$4,432,444.
13.6 Adopt Ordinance 8105-09 on second reading, amending the Code of Ordinances,
Appendix A, Subject XI, Parks, Beaches, Recreation to modify the definition of
family and providing additional criteria to establish the class of city residents for
the purpose of applying fees.
13.7 Adopt Ordinance 8106-09 on second reading, rescinding Sections 32.272(4) and
32.288 of Ordinance No. 8025-09.
14. City Manager Verbal Reports
14.1 City Manager Verbal Reports - None.
15. Council Discussion Items
15.1 Provide direction regarding a consolidated east side library facility, including the
timing and funding, if pursued. (WSO)
Money was included in the Penny for Pinellas 3 funding to expand and renovate
both the Countryside and East branches of the Clearwater Public Library System.
Recent Council action combined that funding into one project to substitute one
new eastside branch for the two existing facilities, with the intent to improve library
service while reducing costs. Currently $10 million is included in the City’s capital
plan in FY11/12 from Penny 3.
Since the topic of a single facility and the timing for building that facility has been
brought up on several occasions recently, the staff is seeking direction from the
Council on how to proceed. Specifically, is Council ready to commit to a
combined facility and if so, should the staff begin design and construction in
FY11/12, would the Council want to use the funds originally borrowed through a
bank loan for the downtown boatslip project to in order to begin the consolidated
library project immediately? If the later option is selected, Penny 3 funding would
need to be restructured, including a public hearing and would be used to pay back
the bank loan.
In response to concerns, Library Director Barbara Pickell said a combined facility will
not have overwhelming savings. It will cost more to run a larger building than run two
smaller facilities. Ms. Pickell said existing locations are not conducive to any major
expansions.
Finance Director Margie Simmons said to pay the bank loan with Penny funds will
Work Session 2009-10-19 24
require an additional public hearing.
Discussion ensued with concerns expressed regarding cost to build a new combined
facility and lack of cost savings.
Staff was directed to provide information regarding renovation ideas and how long the
facilities will be out of service.
15.2 Hotel Density
Vice-Mayor Paul Gibson requested to meet with staff.
15.3 Outdoor Displays
Retail Sales and Outdoor Display
As part of Ordinance No. 8043-09 (approved September 3, 2009), the Community
Development Code was amended to reclassify the sales, rentals and/or repair of
bicycles from being a part of the limited vehicle sales/displays use to being
considered a part of the retail sales and services use.
The retail sales and services use does not permit for the storage/display of goods
outside of a building.§ Temporary retail sales and displays (temporary use
permitted under Article 3, Division 21) allows for nonpermanent sales and displays
of the same product(s) associated with the principle use of the property. It is
intended that this temporary use occur outside of the building and operate similar
to a sidewalk sale, or parking lot sale. Such a use can occur no more than four
times per year and for no longer than seven days in any occurrence.
The definition for outdoor retail sales, displays and/or storage is “any use of
property which involves the sale, leasing, display or storage of commodities,
goods, materials or equipment in a location other than in an enclosed building,
excluding vehicle sales”.
The outdoor retail sale, displays and/or storage use is not a permitted use in the
Downtown (D) District. The use is only permitted in the Commercial (C) and
Industrial, Research and Technology (IRT) Districts, and only when the following
criteria are met:
1. The parcel proposed for development is not contiguous to a parcel of land
which is designated as residential in the Zoning Atlas unless the principal use is
the sale of living plant material;
2. No sign of any kind is designed or located so that any portion of the sign is
more than six feet above the finished grade of the front lot line of the parcel
proposed for development unless such signage is a part of an approved
Work Session 2009-10-19 25
comprehensive sign program;
3. All buildings located on the parcel proposed for development are finished or
painted in earth tone colors;
4. No cyclone, chain link or other metal mesh fences are located on the parcel
proposed for development;
5. All fences, excluding gates, are landscaped on the exterior of such fences
with continuous shrubs or vines and trees located 20 feet on center;
6. No goods and materials other than living plant material which are stored or
displayed outside a building or structure are located within a required setback;
7. The parcel proposed for outdoor storage or display fully conforms to the
requirements of Article 3 Division 7 in regard to landscaping;
8. The height of non-living goods and materials stored or displayed outdoors
shall not exceed 15 feet;
9. No building materials or automobile parts or supplies which are stored or
displayed outdoors shall be visible from a public right-of-way.
In response to a concern, Planning Director Michael Delk said some retail
establishments are permitted to have outdoor seasonal displays.
It was stated that the business requesting outdoor storage/display is located on the
Pinellas Trail in the D district. Concern was expressed regarding narrowing restrictions
to the trail.
Assistant Planning Director Gina Clayton said staff needs to look at the zoning districts
on the Pinellas Trail.
16. Other Council Action - None.
17. Adjourn
The meeting was adjourned at 12:25 p.m.
Work Session 2009-10-19 26