12/14/2009
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
December 14, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
Also William B. Horne - City Manager, Jill S. Silverboard - Assistant City Manager,
present: 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.
The meeting was called to order at 1:00 p.m. at City Hall.
1. Presentations
1.1 Service Awards
Six service awards were presented to city employees.
The Bimonthly Team Award for November and December was presented to Pete Bach
and Bill Andrews, Lift Station 43 Electrical Repair Team.
The Council recessed from 1:15 p.m. to 2:27 p.m. to meet as the Pension Trustees.
2. Economic Development and Housing
2.1 Approve the City of Clearwater FY 2008-2009 Consolidated Annual Performance
and Evaluation Report (CAPER).
The Consolidated Annual Performance and Evaluation Report (CAPER) is the
principal administrative report, documenting the City’s expenditures for
Community Development Block Grant (CDBG) and HOME Investment Partnership
(HOME) programs to the U. S. Department of Housing and Urban Development
(HUD). For FY 2008-2009 the City’s budget was as follows: $926,211 in CDBG;
$520,737 in HOME; and $150,000 in program income for a total budget of
$1,596,948. Please note that the total budget is significantly less than previous
years by approximately $1,000,000. This is due to a funding reduction from the
State Housing Initiatives Partnership Program (SHIP).
The CAPER document serves as the basis for program monitoring for compliance
and for financial audits for all activities conducted during the FY 2008-09 as
outlined in the Consolidated Plan for that program year. The report provides HUD
with necessary information for the Department to meet its requirement to assess
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each grantee’s ability to carry out relevant Community Planning and Development
programs in compliance with all applicable rules and regulations. It also provides
information necessary for HUD’s Annual Report to Congress and it provides
grantees and opportunity to describe to citizens their successes in revitalizing
deteriorated neighborhoods and in meeting objectives stipulated in their
Consolidated Planning document.
In addition to reporting on our activities with federal money, we also included a
summary of activities conducted with the Florida State Housing Initiatives
Partnership (SHIP) Program in the narrative section; however, these numbers are
not included in the totals below.
In FY 08-09, the City expended a total of $1,098,353 though the CDBG and
HOME program activities. This included prior year funds as well as program
income and recaptured funds. Those funds not expended from this year’s budget
will be reprogrammed in future year budgets.
The City of Clearwater FY 2008-09 CAPER contains information on the City’s
assessment of the activities listed below:
- Assessment of Three to Five Year Goals and Objectives
- Affordable Housing
- Continuum of Care
- Leveraging Resources
- Affirmatively Furthering Fair Housing
- Citizens Comments
- Self-Evaluation
Through the programs covered under the CAPER over 17,304 persons were
assisted through Public Services, Public Facilities, Housing Rehabilitation and
New Construction, Fair Housing, and Economic Development projects. We also
expended $809,632 in prior year SHIP and $182,573 in prior year Pinellas County
Housing Trust Funds. In total, our key accomplishments during this period include
the following:
· Completed 17 rehabilitations totaling $620,711, purchase eight vacant lots and
built three new homes totaling $248,500 and completed 15 down payment
assistance loans totaling $205,335
· Funded two (2) projects, Boley/Covert Apartments Rehabilitation (13 units) and
Pinellas Hope II (50 Units), committing $255,699
· Implemented the Florida Homebuyers Opportunity Program in support of the
First Time Homebuyer Tax Credit
· Obligated $251,249 in CDBG-R funds to provide sidewalk infrastructure
improvements to the East Gateway and increase funding to support the East
Gateway Façade Improvement Program
· Demolished the Blue Chip Bar in North Greenwood
· Engaged East Gateway stakeholders in meaningful ways for Action Program
implementation
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· Developed the East Gateway District Neighborhood Revitalization
Strategy (component of Clearwater’s Consolidated Plan)
· Created the East Gateway District Facade & Building Lot Improvement Program
and received four facade project applications
The City’s Neighborhood and Affordable Housing Advisory Board is scheduled to
approve the FY 2008-09 CAPER at their meeting on December 8, 2009. The FY
2008-09 CAPER is due to HUD no later than December 30, 2009.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said funds may be carried over as HUD allows 3 years to commit the funds and
five to spend. The funds were also used to support the Homeless Emergency Project
and Directions for Mental Health.
3. Financial Services
3.1 Award a contract for actuarial services for the City’s OPEB (Other Post
Employment Benefits) liability for the five year period ending December 31, 2014,
to Gabriel, Roeder, Smith and Company,authorize a not to exceed amount for the
City over the 5 year period of $60,000 and authorize the appropriate officials to
execute same. (consent)
Annually, the City must have a calculation done on the City’s OPEB (Other Post
Employment Benefits) liability. This liability is related to the State requirement that
the City allow retirees to participate in the City’s health insurance plan at the same
cost as employees.
Gabriel, Roeder, Smith and Company was selected from a group of twelve (12)
national firms responding to the City’s RFP 21-09.
All twelve firms responding were deemed responsible proposals and were
differentiated primarily by firm and staff experience with similar Florida plans and
proposed fees.
GRS was selected by the selection committee as submitting the most desirable
combination of experience and fee structure and maintains an office in Ft.
Lauderdale, FL.
The full actuarial OPEB calculation will be done on a biennial basis with an
abbreviated roll-forward prepared for the off-year. First year retainer fee for the full
OPEB calculation will be $16,000 and the first off-year fee will be $4,000
(increased by CPI). These fees are paid by the City. Subsequent fees will be
adjusted for inflation by changes in the 12/31 CPI-U index annually during the
remaining term of the agreement.
The total not to exceed amount is calculated as follows:
$16,000 First year fee
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$ 4,200 Estimated second year fee (increased by estimated CPI of 3%)
$17,000 Estimated third year fee (increased by estimated CPI of 3%)
$ 4,500 Estimated forth year fee (increased by estimated CPI of 3%)
$18,300 Estimated fifth year fee (increased by estimated CPI of 3%)
$60,000 Estimated total
Included in this contract is the Pension Plan actuarial valuation for the Employees’
Pension Plan which is a Pension Plan expense. The Pension Plan Trustees will
be considering this part of the contract as part of the Trustees agenda and that
cost will be paid from Pension Plan.
4. Human Resources
4.1 Approve the Agreement between the City of Clearwater and CIGNA HealthCare
for medical insurance and adopt Resolution 09-54 authorizing execution of the
Corporate Resolution for Banking and authorizing the appropriate City officials to
establish a demand deposit banking account in accordance with the Minimum
Premium Administrative Agreement for the contract period of January 1, 2010, to
December 31, 2010, at a total cost not to exceed $16,000,000.
The current agreement with the City’s medical insurance provider, CIGNA
HealthCare, which expires on December 31, 2009, provides for a fully insured
funding arrangement whereby the City submits premium payments to CIGNA
each month based solely on the number of employees, retirees, and COBRA
participants and the plan options in which they are enrolled. The renewed
agreement will provide for the City to remain fully insured with CIGNA, but
establishes a Minimum Premium Administrative Agreement for payment of
premiums to be effective January 1, 2010. Under this arrangement, the City with
Council authorization will establish a demand deposit banking account with an
imprest amount of $241,000 from which City medical claim costs will be
deducted. The City will receive a statement from the bank each week after claims
deductions have been processed, and will be responsible for replenishing the
account by wire transfer back to the imprest amount, while continuing to benefit
from a Maximum Monthly Claim Liability equivalent to 80.4% of total premiums in
the first year. The City will also remit to CIGNA once each month a Residual
Premium equivalent to 7.1% of the expected claims for administration expenses.
Plan provisions for the 2010 plan year entail a reduction in the schedule of
benefits with no change in premiums for the City Base plan option, and an
increase in premiums with no change in the schedule of benefits for the City’s
"buy-up" Co-Pay and POS plan options.
For fiscal year 2010, the City has budgeted approximately $10.28 million for
approximately 1,658 full time positions for the City’s share of medical insurance
coverage (including EAP and mental health/substance abuse). Assuming all
positions are filled at all times and there are no changes in the elected levels of
coverage, the City’s estimated share of actual expenses for FY 2010 would be
$10.45 million. The difference between budgeted and maximum actual costs,
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estimated to be $170,000 would also have to be taken as a quarterly budget
amendment from reserves in the Central Insurance Fund. The estimated CY cost
for this contract would be $15.4 million ($10.3 million city share, $4.3 million
employee share, and $800,000 retiree/cobra share).
City costs related to this CIGNA contract for coverage for FY 2011 will be
budgeted as part of the fiscal year 2011 budget.
It was requested that staff provide the total number of employees who participated in
the buy-up plan.
5. Library
5.1 Discuss and provide direction regarding various options for remodeling,
expanding or replacing the East and Countryside Libraries. (WSO)
A comparison of five options for the future of library service on the east side of
Clearwater is provided. Those options include 1) retaining the current
configuration, 2.) doing minimal improvements on both East and Countryside but
adding no space, 3) doing minimal improvements on East and expanding and
renovating Countryside at their current location, 4) building a 35,000 sq. ft. facility
at Woodgate and closing both existing branches, and 5) building the 45,000 sq. ft.
facility at Woodgate and closing both existing branches.
In response to questions, Library Director Barbara Pickell said she recommended
closing both locations and opening a combined facility at Woodgate. Constructing a
new facility will allow staff to incorporate efficiencies not available in the 1980’s.
Concern was expressed that citizens may not want a combined facility.
Ms. Pickell said the Main Library is the most heavily used branch but also the one with
most hours of operation. The branch is still not used at capacity and acts as a resource
library. Items not found at other branches are found at Main and delivered to branch
location. Renovations can be delayed for a few more years as the biggest issue to
address is the impact technology has had on the two branches.
Staff was directed to contact Saint Petersburg College regarding a combined facility at
the Clearwater campus.
6. Marine and Aviation
6.1 Approve petitioning the State to authorize the installation of three shallow-draft
jetty light buoys adjacent to the Clearwater Pass Jetty at a cost of approximately
$6,000, funded from the General Fund reserves and adopt Resolution 09-47.
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Several Clearwater citizens have requested lighting the jetty at Clearwater Pass.
Three 14-inch buoys, with quick flashing white lights, will cost approximately
$1,500. Installation of the three buoys is estimated to be between $4,000 and
$4,500. For a total estimated cost for lighting the jetty of between $5,500 to
$6,000. The project will be funded in the Non-Departmental program with the
allocation of $6,000 of General Fund reserves at first quarter. The funding code
will be: 0-010-07000-552500-519-000-0000.A copy of the resolution will be
forwarded to the State, together with such other paperwork or applications as may
be necessary.
7. Parks and Recreation
7.1 Award a contract to Bollenback Builders, Inc. of Oldsmar, Fl., Bid 09-0011-PR (A)
for the sum of $705,282, (which included base bid, Alternates 1 through 10 and
10% contingency), for the renovation of the Long Center to accommodate the
Aging Well Center and authorize the appropriate officials to execute same.
(consent)
On February 19, 2009 the Council approved establishing a new Capital
Improvement Project (315-93615) entitled the Aging Well Center, for $1,029,720
and approved a Florida Department of Elder Affairs (DOEA) Senior Center Fixed
Capital Outlay Grant agreement between the State of Florida Department of Elder
Affairs and the City of Clearwater, to renovate, equip and furnish the Aging Well
Center located at the Long Center, in the amount of $727,500.
The Aging Well Center will occupy space (approximately 7,700 square feet) which
was previously leased by UPARC as a cafeteria, classrooms and restrooms. In
August 2008, the City and UPARC reached an agreement, decreasing the
UPARC area, so that the Aging Well Center could be constructed.
This contract will provide for the demolition of certain areas at the Long Center,
the labor and materials to renovate the existing building to include the
7,700 square foot Aging Well Center, expanded fitness room with equipment
designed for seniors, additional classroom space at the Long Center, renovated
restrooms and improved parking area. All renovations are to be completed by
May 2010 with a grand opening to follow.
In addition Alternate 1 and 2 for a total cost of $42,047, provide for the renovation
of the current concession stand/kitchen and second floor storage room used by
youth groups and the City and will be paid for from funds available in CIP 315-
93278, Long Center Infrastructure Repairs.
The remainder of funding needed for this contract, ($663,235) is available in CIP
315-93615. The balance of funds in this CIP will be used to purchase equipment
and furnishings, improve parking, lighting and landscaping for the Center, as well
as provide air conditioning and roof repairs to the UPARC section of the building
when needed.
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It is anticipated the annual operating costs of the Aging Well Center will be
$102,000, which includes 1.5 full time equivalent (FTE) personnel costs. Staff has
been unsuccessful at securing an endowment to cover the operating expenses
therefore, as indicated in the previously approved agenda item, the Parks and
Recreation Department has reallocated existing personnel and resources to cover
the operating cost of this facility.
7.2 Approve a blanket purchase order to Earth Designs, Clearwater, Florida, in the
amount of $281,722.00 for landscape maintenance throughout the City during the
contract period January 1, 2010 through December 31, 2010 and the appropriate
officials be authorized to execute same. (consent)
On August 6, 2009 the City Council ratified and confirmed the decision of the City
Manager to increase the landscape maintenance contract of Earth Designs from
$166,312 to $266,832 due to the cancellation of a similar contract with TriMor
Systems, Inc.
With this approval the Parks and Recreation Department was able to continue to
provide un-interrupted landscape maintenance service to all landscape
maintenance districts in the City. Currently Earth Designs has eight of the 11
landscape maintenance districts in the City.
It has become increasingly difficult to continue our current practice of bidding out
different districts throughout the year, with an option to renew contracts if vendors
hold their price. Therefore, staff is recommending that all 11 contracts for
landscape maintenance be bid out at the same time each year. This will provide
for more competition in the 11 landscape maintenance districts.
In order to do this, all current blanket purchase orders (BPO’s) with Earth Designs
will be cancelled and with Council approval, one BPO in the amount of $281,722
will be issued to cover eight landscape maintenance districts for a period of one
year, from January 1, 2010 to December 31, 2010. The other three landscape
maintenance districts currently maintained by other vendors are under $100,000
and will also be extended until December 31, 2010. At that time the City will
solicit new competitive bids for all the districts in the City.
Approval of this request will help staff be more efficient in the administration of
these contracts.
7.3 Approve Parks and Recreation Board recommendation to name the gymnasium at
Countryside Recreation Center, John Wiser Gymnasium.(consent)
Council Resolution 09-31 specifies that the Parks and Recreation Board will
conduct and advertise a public hearing to consider recommendations for naming
portions of City recreation facilities in honor of individuals. The Board held a public
meeting on October 27, 2009 to consider naming the Countryside Recreation
Center gymnasium.
The Board received a total of 3 names for consideration and offer the following
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ranking of the names:
1. John Wiser Gymnasium
2. John Wiser Gymnasium at the Countryside Recreation Center
3. John Wiser
Based upon the information gathered at this hearing, and on the criteria contained
in the Resolution, the Parks and Recreation Board approved a motion to
recommend to the City Council that the gymnasium be named John Wiser
Gymnasium.
If approved a sign will be installed in the facility to designate the gymnasium as
the John Wiser Gymnasium.
7.4 Approve the transfer of $25,000 from CIP 315-94510, Air Conditioning
Replacements and $30,000 from CIP 315-93205 Brighthouse Networks Field to
CIP 315-93203 Carpenter Field Infrastructure Repairs and Improvements to assist
with the remodeling of the player restrooms and shower facilities and spectator
areas at Carpenter Field.(consent)
At the June 19, 2008 City Council meeting, City Council established a CIP totaling
$3,000,000 to renovate and expand the existing City building at the Carpenter
Complex.
On March 19, 2009 the City Council approved the Second Amendment to
Baseball Training Facility Lease Agreement and the Second Amendment to
Sports Facility Use Agreement between the City of Clearwater and the Phillies
and an additional $200,000 for the project. The primary purpose of this
Amendment was to provide funding and responsibilities for the expansion and
renovations needed to the Carpenter Field Clubhouse.
The City is responsible for building maintenance and renovations to the restroom
and shower facilities in the player locker rooms, as needed. The restrooms and
showers were not part of the original project but are not code compliant and are in
need of upgrades.
In order to do this additional work, the Building and Maintenance Department
agreed to the transfer of $25,000 from Air Conditioning Replacement Code to CIP
315-93203 as the scheduled replacement of two air conditioning units at the
Carpenter Clubhouse were part of the original $3,000,000 project. Building and
Maintenance will also provide coating for the floors through the flooring CIP 315-
94519 and replace ceiling tiles, paint walls, and lighting out of their normal
maintenance codes.
Unfortunately the cost for this renovation project has increased due to significant
building code requirements, i.e. individual shower enclosures, ADA shower and
restroom issues etc. In addition, unsafe concrete due to landfill settlement in the
spectator area needs to be addressed. Staff is proposing that these additional
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costs be covered by transferring $30,000 from CIP 315-93205 Brighthouse
Networks Field to 315-93203.
Therefore, staff is requesting that the $25,000 funds allocated for the replacement
air conditioners and $30,000 from the Brighthouse Networks Field be transferred
to the Carpenter Field Infrastructure Repair budget 315-93203 to assist with the
completion of the renovations of the shower, restroom, and spectator area
facilities. These transfers will not hinder work scheduled for Brighthouse
Networks Field.
In response to questions, Parks and Recreation Director Kevin Dunbar said the showers
are used by the players. Federal law requires that the showers be ADA compliant
unless the city receives a waiver.
It was suggested that the city request an exemption during planning development.
8. Police
8.1 Approve a donation to the Clearwater Homeless Intervention Project, Inc. (CHIP)
for funding of its 2009-2010 operation in the amount of $370,000. (consent)
· The Clearwater Homeless Intervention Project Shelter opened in April 1998,
and since that date has provided a safe overnight facility for homeless persons
and essential support services to help individuals and families begin to improve
their lives.
· In CHIP’s continuum of care, there are currently three programs
offered: Outreach and Assessment through the Day Center component;
Emergency Housing in the Shelter Services; and Transitional Housing at the
Parkbrooke Apartment Complex.
· In previous years, the City of Clearwater has donated $100,000 to CHIP. The
Police Department requests that the City continue their contribution to CHIP,
which will be applied toward needed operational funding essential to the CHIP
shelter’s successful operation. The City Council approved adding $100,000 to
the police budget, for this purpose during the fiscal year 2009- 2010 budget
preparation meetings.
· Additionally, since fiscal year 2003-2004, the legislature of the State of Florida
has afforded CHIP $270,000 in recurring funds out of general revenue that were
passed through the Department of Children and Families. The $270,000 in State
of Florida general revenue funding was discontinued in the current fiscal year. The
loss of said funding will require that CHIP terminate its daytime outreach program
(currently serving 100-150 persons per day), and will allow CHIP to continue only
its shelter program through September 30, 2010 at which time it will cease
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operations as a 501(c)(3) organization.
· The Police Department is seeking authorization to use $270,000 from its
Contraband Forfeiture Funds as a donation to CHIP in compliance with Florida
Statute 932.7055(5)(c).
· Funding for this donation in the amount of $270,000 is available in special
program project 181-99331, and the remaining $100,000 is available in special
program project 181-99274.
In response to questions, Police Chief Sid Klein said the forfeiture funds are set aside
for non-operating items. The daytime outreach program gets homeless individuals off
the street for job placement services, showers, etc. If CHIP closes, the facility would
revert to Saint Vincent de Paul and the homeless population in downtown will increase.
CHIP’s total budget is approximately $500,000. Chief Klein said the forfeiture funds
could be used to purchase guns or computers but staff felt CHIP is a priority as it would
require more policing resources if closed.
The Council recessed from 3:31 p.m. to 3:40 p.m.
9. Engineering
9.1 Award a contract to Kilgore Construction in the amount of $293,503.93 for the
2009 Sidewalk Project (09-0039-EN), which is the lowest responsible bid received
in accordance with the plans and specifications, for the installation of new
sidewalks and for the removal and replacement of sidewalks at various locations
in the City of Clearwater, and authorize the appropriate officials to execute same.
(consent)
This contract includes two main areas of work, new sidewalks and the removal
and replacement of existing sidewalks. New sidewalks will be constructed on
Pierce Street and Jefferson Avenue in the East Gateway District as part of the
neighborhood enhancement program initiated by the City’s Economic
Development and Housing Department and supported by a Community
Development Block Grant.
Sidewalks to be removed and replaced are located along Countryside Boulevard,
Landmark Drive and along nearby streets together with sidewalk portions in the
neighborhood located between South Ft. Harrison Avenue and the CSX railroad
and Lakeview Road south to Woodlawn Avenue. These sidewalk portions are
typically cracked or uplifted by trees and a part of the City’s program to keep
sidewalks in a safe condition. Other sidewalks to be removed and replaced are
being upgraded to meet current Florida Disability Code requirements. These
sidewalk portions are located along Osceola Avenue, Ft. Harrison Avenue and
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Pierce Boulevard. Once work is completed these sidewalks will meet all
applicable disability code requirements.
The contract amount of $293,503.93 reflects the lowest bid received.
Sufficient funding is available in Capital Improvement Program project 0315-
92273, Streets and Sidewalks in the amount of $255,275.63 and 0181-99628,
CDBG-R East Gateway Sidewalk Improvements in the amount of$38,228.30 for
total funding in the amount of $293,503.93.
9.2 Rescind the October 22, 2009, award of construction contract for Bayfront Upland
Improvements to BRW Contracting, Inc. and award Construction contract for the
Bayfront Upland Improvements Project (07-0045-MA) to Caladesi Construction, in
the amount of $515,314.57 and authorize appropriate officials to execute same.
(consent)
This project was previously awarded to BRW Contracting Inc., at the October 22,
2009 Council Meeting. BRW has been unresponsive and failed to meet contract
requirements. As a result, the second low bidder (Caladesi Construction) was
offered the project.
This project consists of upland improvements in support of the Downtown Boat
Slips & Promenade projects. The Marine and Aviation, Parks and Recreation and
Parking Systems departments will be responsible for the operation and
maintenance of these improvements. Key elements include upgrades to the
existing bayfront parking lots, and the addition of crosswalk, drop off lanes and
medians along Drew Street.
This award does not include the $27,500 alternate bid which was included in the
original contract award. Design of the paver compass feature is being refined and
will be issued as a future change order at a cost not to exceed $27,500.
The base bid difference between Caladesi Construction and the original low
bidder is $59,304.91, which will be partially offset by retaining the original bidder’s
bid bond in the amount of $45,600. The net cost increase is still within the original
project budget.
Sufficient funding is available in the following Capital Improvement Program
projects: 0315-93405, Downtown Boat Slips $462,754.81, 0315-92630, Parking
Lot Resurfacing $30,593.86 and 0315-96236, Parking Lot Improvements
$21,965.90 for total funding in the amount of $515,314.57.
In response to questions, Building Construction Manager Perry Lopez said the original
awardee will be at Thursday’s meeting to apologize and ask for another chance. The
Engineering Department has not had an issue with the time period with other
contractors. Mr. Lopez said the bid bond was received 39 days late.
Council Work Session 2009-12-14 11
It was requested that the item not be on the consent agenda.
9.3 Approve and convey to Florida Gas Transmission Company, a Delaware limited
liability company, a non-exclusive Perpetual Gas Pipeline Easement containing
132 square feet, more or less, to encumber Pinellas County Parcel 20-29-16-
000000-230-0400, together with a non-exclusive 2324 square foot, more or less,
Perpetual Gas Pipeline Easement and a 3819 square foot, more or less, 24-
month Temporary Work Space Easement to encumber Pinellas County Parcel 20-
39-26-000000-320-0100, in consideration of receipt of $72,988.75 and Grantee’s
faithful compliance with the terms and conditions established therein, and
authorize the appropriate officials to execute same. (consent)
Grantee has determined it necessary to replace a 10 to 12 inch gas transmission
line along a 6 mile traverse of Pinellas County from Oldsmar through Clearwater
with a new 12 inch line. FDOT plans to remove the old line beneath U. S. 19
during redevelopment of the roadway segment between Seville Boulevard and
Whitney Road anticipated to commence in 2010.
The 132 square foot perpetual easement will encumber the very southwesterly
corner of a 49-foot wide parcel of land fronting Bay Cove Apartments, 19135 U. S.
19 North, that was deeded to the City as public right-of-way by the John Hancock
Mutual Life Insurance Company on August 1, 1980.
The 2324 square foot perpetual easement, and the 3819 square foot Temporary
Work Space Easement will encumber a 40-foot wide parcel of land fronting the
adjacent Imperial Cove Condominiums, 19029 U. S. 19 North, that the
condominiums deeded to the City as public right-of-way on December 24, 1979.
The temporary easement over the southerly 119 feet of the Imperial Cove parcel
is located within an unpaved grassy area that will provide workspace for
personnel, directional drilling equipment and material to facilitate installation of the
new pipeline, together with at grade and subsurface appurtenances.
Among other terms and conditions of the proposed easement grant, Grantee
agrees to provide the City with true and correct copies of its project plans for City
review and approval prior to commencing installation, and to be solely responsible
for functionally relocating any existing City utilities that may conflict with the
proposed project.
Grantee further agrees and covenants to maintain existing open and safe public
access across the right-of-way parcels during the exercise of any rights given in
the subject easements.
The $72,988.75 consideration the City will receive for granting the subject
easements reflects the higher valuation of two appraisals Grantee contracted to
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value the easement interests. Delivery of the executed easement instrument to
Grantee is conditioned upon receipt of the stated consideration.
Revenue received will be recorded as Other General Fund (369901) revenue.
9.4 Approve the URS Corporation supplemental work order in the amount of
$263,134 for additional engineering design and support services during
construction of the Clearwater Glen Oaks/Palmetto Reclaimed Water Distribution
Project (08-0043-UT); and authorize the appropriate officials to execute same.
(consent)
This Agenda Item provides for additional engineering and design services for the
construction of the Clearwater Glen Oaks/Palmetto Reclaimed Water Project. The
original design Work Order and the Southwest Florida Water Management District
Cooperative Funding Agreement were approved on June 18, 2009.
The goal of this and all other reclaimed water projects is to reduce the amount of
potable water and groundwater being used for irrigation and other non-potable
uses. In addition, expansion of the Reclaimed Water Distribution System in
accordance with Reclaimed Water Master Plan brings the City of Clearwater
closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface
waters.
The first design work order was to target the Glen Oaks/Palmetto reclaimed water
service area, the main portion of the project is located south of Russell Street and
west of Jupiter Avenue and is bounded to the south by Druid Road and the north
by Palmetto Street. The project includes six large
recreational/commercial/aesthetic customers which include Glen Oaks Park, St.
Cecilia Catholic School soccer fields, Clearwater Intermediate School, Betty-Drew
Apartments, and Crest Lake Park/Dog Park. The first design work order included
approximately 56,000 linear feet of pipe. After the Basis of Design was finalized
and a construction estimate was established, it was determined that additional
areas can be constructed without increasing the overall project budget.
The Supplemental Work Order will include the design and limited construction
services to construct approximately 38,000 linear feet of pipe to serve additional
areas adjacent to the pre-defined Glen Oaks/Palmetto reclaimed water service
area and also pick up more streets in the Glen Oaks/Palmetto area that were not
included before.
The overall design is anticipated to be complete by April 2010, with the
construction phase scheduled for completion by December 31, 2012.
URS Corporation is one of the City’s Engineers-of-record, and this work order was
negotiated in accordance with the Consultants Competitive Negotiations Act.
Council Work Session 2009-12-14 13
The Cooperative Funding Agreement between the City and SWFWMD includes
reimbursement of up to 50% of the cost of design, permitting and construction
costs for transmission and distribution of reclaimed water lines up to a maximum
of $2,890,000.
The estimated total project cost is $5,780,000 and the City’s estimated share of
the project costs are $2,890,000.
A first quarter amendment will transfer 2009 Water and Sewer Revenue bond
proceeds from 0376-96611, Biosolids Treatment to 0376-96739, Reclaimed Water
Distribution in the amount of $263,134.00 to provide funding for this work order.
9.5 Award a contract to TLC Diversified, Inc. of Palmetto, Florida for the construction
of the Marshall Street and East Advanced Pollution Control Facilities (APCF)
Chlorine Gas and Sulfur Dioxide Gas Conversion Project in the amount of
$1,153,559.00, which is the lowest responsible bid in accordance with plans and
specifications; and approve a work order for $193,700.00 to Jones Edmunds and
Associates, Inc., of Tampa, Florida, for project related post-design engineering
services, and authorize the appropriate officials to execute same. (consent)
This project includes the removal of the existing chlorine gas and sulfur dioxide
gas systems and replaces them with permanent liquid chlorine solution
(hypochlorite solution) and liquid bisulfite solution systems at both the Marshall
Street and the East APCFs.
In January 2008, the chlorine gas and bisulfide gas systems used for the
chlorination and de-chlorination operation at the Marshall Street and East APCFs
were removed and temporary liquid chlorine solution (hypochlorite solution) and
liquid bisulfite solution systems were installed as part of the design. The purpose
for the gas system removal was to eliminate Risk Management Plan (RMP)
documentation and reporting requirements, as well as reduce the health and
safety issues associated with the existing gas disinfection and dechlorination
systems.
The project was competitively bid, and TLC Diversified was the lowest responsive
bidder for a proposed fee of $1,153,559.00.
The requested $193,700.00 authorization for Jones Edmunds provides
Construction, Engineering and Inspection (CEI) services of the Marshall Street
and East Advanced Pollution Control Facilities (APCF) Chlorine Gas and Sulfur
Dioxide Gas Conversion Project in the amount of $151,700 during the
construction period , which includes daily on-site construction inspection,
engineering assistance with onsite observations and interpretations, review of
shop drawings, attending meetings, and providing record drawings for the City of
Clearwater. This fee also includes daily on-site construction inspection in the
amount of $42,000 for the Marshall Street APCF Generator Upgrade Phase 2
Project (07-0032-UT) since construction will be occurring simultaneously at the
Council Work Session 2009-12-14 14
same facility.
The City is utilizing the Owner’s Direct Purchase (ODP) option for selected
equipment, and the tax savings is estimated at $25,918.00.
The contract period for construction is 300 consecutive calendar days estimated
to start in January 2010 and finish in November 2010.
The Public Utilities Department will own and maintain the proposed improvements
included in this contract.
A first quarter amendment will transfer 2009 Water and Sewer Revenue bond
proceeds from 0376-96611, Biosolids Treatment to 0376-96624, Liquid
Disinfection in the amount of $445,000.00.
Additional funding with 2009 Water and Sewer Revenue Bond proceeds is
available in projects 0376-96624, Liquid Disinfection in the amount of $698,227.88
and 0376-96619, WTTP Generator Replacements in the amount of $42,000.
Funding is also available in Capital Improvement Program project 0315-96624,
Liquid Disinfection, in the amount of $162,031.12.
9.6 Award a contract to Brandes Design-Build Inc. Clearwater, Florida for the
construction of the Marshall Street APCF Generator Upgrade Phase 2 Project in
the amount of $1,104,220.82, which is the lowest responsible bid in accordance
with plans and specifications; and approve a work order for $89,490.00 to McKim
and Creed (EOR) of Clearwater, Florida, for project related post-design
engineering services, and authorize the appropriate officials to execute
same.(consent)
The Marshall Street Advanced Pollution Control Facility (APCF) Generator
Upgrade Phase 1 Improvements were completed in February 2007. Phase
1 consolidated the stand-by power systems in the blower complex and filter
complex areas, which were located at the north end of the facility, with a single
generator system located in the blower building.
McKim and Creed completed an evaluation of the systems at the south end of the
Marshall Street facility and developed the plan to consolidate and extend
generator coverage for systems on the south portion of the Marshall Street plant
site. The study concluded that a single generator located within the Dewatering
Building is the most effective and desirable configuration to provide stand-by
power to facilities at the southern end of the site.
The project includes the demolition/removal of existing generators, purchase and
installation of a new generator within an existing structure, addition of two (2)
load-bank/portable generator connection cabinets, relocation/addition of automatic
Council Work Session 2009-12-14 15
transfer switches (ATS) and related structural, architectural, electrical, and control
system upgrades. The project was competitively bid, and Brandes Design-Build
was the lowest responsive bidder for a proposed fee of $1,104,220.82.
The requested $89,490.00 authorization for McKim and Creed provides post-
design engineering services during the construction period, which includes
engineering assistance with limited onsite observations and interpretations, review
of shop drawings, attending meetings, and providing record drawings for the City
of Clearwater. The City is utilizing the Owner’s Direct Purchase (ODP) option for
selected equipment, and the tax savings is estimated at $11,933.61.The contract
period for construction is 360 consecutive calendar days estimated to start in
January 2010 and finish in January 2011.
The Public Utilities Department will own and maintain the proposed improvements
included in this contract. Sufficient budget and funding with 2009 Water and
Sewer Revenue Bond proceeds is available in project 0376-96619, WWTP
Generator Replacements, in the amount of $1,193,710.82.
9.7 Approve a City Contract For Sale of Real Property with Silver Dollar Shooters
Resort, L.L.C., a Delaware limited liability company, to sell 18.18 acres, more or
less, and subject to closing said transaction, grant and convey a 25-foot Access
Easement containing 0.545 acres, more or less, abutting a platted 15 foot right-of-
way, all lying and being situate in the Southeast 1/4 of Section 19, Township 27
South, Range 17 East, Hillsborough County, Florida, for $240,000 net, less costs
of recording corrective instruments, and authorize appropriate officials to execute
same, together with all attachments thereto and all other instruments required to
effect closing and adopt Resolution 09-55.
Silver Dollar Shooters Resort has an active lease for the subject property until
February 13, 2010 which provides for the Right of First Refusal to Purchase
should the City declare the property surplus and issue an invitation for bid.
On September 17, 2009, Council declared the subject lands as surplus real
property and authorized issuance of Invitation For Bid 23-09 to solicit market
interest in the lands at the minimum net bid of $240,000 as determined by
appraisal performed May 22, 2009.
Bid was issued on September 21, 2009. Silver Dollar Shooters Resort then
exercised its Right of First Refusal during the bid period, matching the required
market value amount. No other bids were received at Bid opening on October 21,
2009.
Silver Dollar submitted a company check to the City in the full amount of the
market value/purchase price with its unconditional offer for purchase. The check
has been deposited in a non-interest bearing City escrow account pending closing
of the proposed transaction.
The prospective purchaser is also a current lessee of the surplus 18.18 parcel that
Council Work Session 2009-12-14 16
is presently used as a portion of the Silver Dollar Trap Club shooting facility and is
improved with three of the club’s shooting stands.
The Lease Termination, Release and Indemnity Agreement appended to the
Contract as Exhibit B has been drafted by the City’s environmental legal
consultant for the express purpose of severing the City from any environmental
and all other liability for the subject lands. The Agreement further obligates the
prospective purchaser, its parent corporation and related legal entities, to release
and indemnify the City from any and all claims, past, present or future any of the
parties ever having shared the leasehold interest may have.
The contract, among its provisions, provides the purchaser is acquiring the
property "as is," and requires the transaction to be closed within 30 days of
Council acceptance and approval, but may be conditionally extended an
additional 30 days, in which event provisions of the existing lease will extend
concurrently.
Adoption of Resolution 09-55 provides for the above described grant of easement,
the sale and transfer of property as described in the Contract, and establishes an
effective date.
Following reimbursement of expenditures of $1744 for the property appraisal and
as yet not fully invoiced expenses for outside legal counsel to Public Utilities
Administration fund 530100, the balance of sale proceeds will accrue in Surplus
Land Sales fund 0421-00000-364220-000-000-0000.
Staff was directed to provide total in surplus lands fund.
9.8 Determine that continued City ownership of a vacant residential lot legally
described as New Country Club Addition, Block C, South 50 feet lying west of the
Section centerline, no longer serves a valid public purpose; declare as surplus for
the purpose of selling, and authorize advertising for bid in the minimum amount of
$10,000 net, less costs of recording corrective instruments, if any, pursuant to
Invitation For Bid 04-10.
The subject lot, together with numerous other lots in Country Club Addition, was
conveyed to the Trustees of the City of Clearwater sinking fund on July 17, 1934
for total consideration of $5,000 in a deed executed by the Special Master in
Chancery in the Circuit Court, Sixth Judicial Circuit of the State of Florida.
The 7,750 square foot lot in the 600 block of North Missouri Avenue has never
been developed. It is presently zoned LMDR (Low/Medium Density Residential)
and lies contiguous to the north right-of-way line of CSX Railroad that parallels
Maple Street extended west from Missouri Avenue.
Although the lot was placed on the City’s Affordable Housing List in 2008, it was
later determined to be unattractive for residential development, as was then
removed from the list upon Council’s adoption of Resolution 09-41 on November
Council Work Session 2009-12-14 17
5, 2009.
On November 19, 2009 State Certified Residential Appraiser Fornito and
Associates appraised and valued the lot at $10,000, the value reflecting significant
external obsolescence due to proximity to the CSX rail corridor and the light
industrial uses on the west side of Missouri Avenue.
Upon the lot being declared as surplus to City needs, Invitation For Bid 04-10 will
be advertised in compliance with City purchasing regulations soliciting market
interest in the parcel in the minimum amount of $10,000 net.
9.9 Approve the Utility Work by Highway Contractor Agreement with the State of
Florida Department of Transportation (FDOT) in the amount of $666,000.72 for
the relocation of existing potable water facilities impacted by the FDOTs SR 55
(US19) from south of McCormick Drive to north of First Avenue Project, FPN:
256890-2-56-02 and adopt Resolution 09-52.
The Florida Department of Transportation (FDOT) has designed the roadway
improvements of SR 55 (US19) from south of McCormick Dr. to north of First
Ave. Improvements will include northbound frontage road improvements. This
roadway improvement project will necessitate the relocation or adjustment of the
City’s water mains and appurtenances within the project limits. The City of
Clearwater’s Engineering Department has coordinated the design for these
utilities with FDOT representatives. FDOT will receive bids for the combined
roadway improvements and utility relocation work and award a contract to the low
bidder.
The amounts included on this agenda item are the engineer’s estimate, and are
subject to change. The exact costs will be determined by the contractor’s bid and
may vary from this amount. The project will be competitively bid by FDOT.
Sufficient budget and funding with 2009 Water and Sewer Revenue Bond
proceeds is available in project 0376-96742, Line Relocation Capitalized in the
amount of $666,000.72.
It was requested that staff confirm that the Enterprise Exchange project in the 5-year
plan will not impact this project.
10. Planning
10.1 Approve the Annexation, Initial Land Use Plan Designation of Residential
Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential
(LDR) District for 3001, 3002, 3008, 3013, 3016, 3021, 3024, 3029, 3032, 3037,
3040, 3045, 3056, 3057, 3069, 3081, and 3093 Crest Drive (The Crest
Subdivision in Section 33, Township 28 South, Range 16 East); and pass
Ordinances 8124-10, 8125-10 and 8126-10 on first reading. (ATA2009-04002)
Council Work Session 2009-12-14 18
The City is bringing this property into its jurisdiction in compliance with the
Agreement to Annex (ATA), signed by Ralph N. Coxhead on June 18, 1985. This
annexation involves a 9.19 acre property consisting of seventeen parcels of land
occupied by 16 single-family dwellings and one vacant lot. The property is located
on the west side of McMullen Booth Road, approximately 1,460 feet north of
Union Street. The properties are contiguous to existing City boundaries to the
north. It is proposed that the properties be assigned a Future Land Use Plan
designation of Residential Suburban (RS) and a zoning category of Low Density
Residential (LDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The properties currently receive water and sanitary sewer service from the
City. The closest sanitary sewer line is located in the adjacent Crest Drive right-of-
way. Collection of solid waste will be provided by the City of Clearwater. The
properties are located within Police District III and service will be administered
through the district headquarters located at 2851 N. McMullen Booth Road. Fire
and emergency medical services will be provided to these properties by Station
50 located at 2681 Countryside Blvd. 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 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.7.1.3 Invoke agreements to annex where properties located within enclaves
meet the contiguity requirements of Florida Statutes Chapter 171. The proposed
RS Future Land Use Plan category is consistent with the current Countywide Plan
designation of these properties. This designation primarily permits residential uses
at a density of 2.5 units per acre. The proposed zoning district to be assigned to
the properties is the Low Density Residential (LDR) District. The use of the
subject properties is consistent with the uses allowed in the District, with the
exception of four properties which are currently allowed the general agricultural
activities use, including the boarding of a maximum of three horses per acre,
under the County’s code. This use will be allowed for those properties that
currently meet the County’s provisions. Two properties (3056 and 3093 Crest
Drive) are each allowed one horse while another two properties (3069 and 3081
Crest Drive) are each allowed up to three horses. Five of the properties exceed
the District’s minimum dimensional requirements, and while twelve of the
Council Work Session 2009-12-14 19
properties do not, these properties do meet the minimum dimensional
requirements of the Flexible Standard Development process.
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;
therefore the annexation is consistent with Florida Statutes Chapter
171.044.
10.2 Approve an amendment to the previously approved development order for the
Park Place Development of Regional Impact (DRI) through the Notification of
Proposed Change (NOPC) process to allow retail floor area for Parcel 7 to be
converted into office floor area; establish additional retail floor area for Parcels 7
and 9; and recognize the extension of the build-out and termination dates of the
DRI until December 31, 2011, and Pass Ordinance 8128-10 on first reading.
The Park Place Development of Regional Impact (DRI) consists of eleven parcels
of land totaling 99.13 acres that are regulated by a development order and a
Master Development Plan commonly referred to as Map H. Map H identifies the
locations of the various parcels as well as the type of use permitted for the parcels
and its related development potential (i.e. density or intensity).
Several amendments to the DRI have been approved since its creation via the
adoption of Ordinance 3205-83 on September 1, 1983 (a full history of the past
amendments is included in the CDB staff report). The most recent request to
amend the DRI was received on August 24, 2009, from the owner of Parcel 7 to
accomplish the following:
Adoption of a land use conversion factor for Parcel 7 for the conversion of retail
commercial development to office development;
Allocation of a total of 55,278 square feet of approved retail commercial
development potential to Parcel 7;
Allocation of a total of 10,200 square feet of retail commercial development
potential to Parcel 9; and
Recognition of the extension of the build-out and termination dates of the DRI until
December 31, 2011, as per Senate Bill 360.
The request includes a land use conversion factor allowing retail floor area to be
converted into office floor area out of a desire on the part of the applicant to be
able to redevelop the property to office use. It is noted that similar conversion
factors are already allowed on other Parcels within the DRI.
The allocation of 55,278 square feet of retail commercial development potential is
Council Work Session 2009-12-14 20
already allowed between Parcels 7 and 9 and is reflected on the current Map H;
however there has been some confusion as to whether this potential is only for
Parcel 7. The NOPC would eliminate any potential further confusion by allocating
all 55,278 square feet of development potential to Parcel 7 and establishing an
additional 10,200 square feet of development potential (that is not currently
allocated to the DRI) on Parcel 9. This new development potential would account
for all currently approved/constructed improvements on Parcel 9.
The Community Development Board (CDB) staff report, contains further
information on the proposed amendment.
The Community Development Board (CDB) reviewed the request at its public
hearing of November 17, 2009, and the amendment was recommended for
approval without comments.
10.3 Approve a Development Agreement between William M. Shephard, Trustee (the
property owner) and the City of Clearwater, providing for the allocation of 68 units
from the Hotel Density Reserve established in Beach by Design and adopt
Resolution 09-03.
The 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open
Space/Recreation District) is located on the south side of S. Gulfview Boulevard
approximately 600 feet east of Hamden Drive.
The site is comprised of two parcels. The subject property is currently developed
with a 96-unit hotel/motel. There is approximately 16,224 square feet of existing
accessory uses.
The proposal is for an overnight accommodation use of a total of 186 units (78.48
units/acre on lot acreage zoned Tourist (T) District, including the allocation of 68
units from the Hotel Density Reserve) and approximately 37,647 square feet of
accessory uses to the hotel at a height of 134 feet (to flat roof deck).
On November 17, 2009, the Community Development Board (CDB) approved with
14 conditions of approval a Flexible Development application for the construction
of a 186-unit hotel with associated amenities (FLD2008-12033).
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 68 units from the Hotel Density Reserve;Requires
the developer to obtain building permits and certificates of occupancy in
Council Work Session 2009-12-14 21
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 November 17, 2009, and unanimously
recommended approval of the application (DVA2008-00002).
In response to questions, Planner Wayne Wells said the sidewalks are at least 7 feet
wide and the building is 11.2 feet from the property line. It is not known when
construction will begin. The applicant has not requested an extension. Mr. Wells said
the applicant has 4 years total to get permit if DVA does not expire.
It was requested that a copy of the site plan be provided at Thursday’s meeting.
Concern was expressed regarding the noise generated at the site. It was suggested
that the DVA include a condition to prohibit outdoor entertainment after a certain hour.
It was stated that current city ordinance does not have an hour limitation for amplified
sound.
10.4 Approve a Development Agreement between Agostino Digiovanni, Francesco
Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the
property owners) and the City of Clearwater, providing for the allocation of 95
units from the Hotel Density Reserve established in Beach by Design and adopt
Resolution 09-38.
The 1.106 acres is located on the south side of Third Street between Coronado
Drive and Hamden Drive. The subject site has approximately 243 feet of frontage
along Coronado Drive and 220 feet of frontage along Third Street. The subject
property is being modified from its platted and developed property lines to
accommodate the proposed development and will have approximately 167 feet of
frontage along Hamden Drive. There are also four waterfront lots on the east side
of Hamden Drive that are attached to the properties on the west side of Hamden
Drive and are 10-foot in depth from Hamden Drive to the water. The waterfront
lots are also being modified to coincide with this proposed hotel (Hotel A) and the
adjacent hotel under FLD2009-08027/DVA2009-00003 at 316 Hamden Drive
(Hotel B). The subject property is currently developed with a 46-unit motel and
Council Work Session 2009-12-14 22
138-seat restaurant.
The proposal is for an overnight accommodation use of a total of 142 units
(148.90 units/acre on net lot acreage, including the allocation of 95 units from the
Hotel Density Reserve), restaurant use of 2,750 square feet, retail sales use of
3,900 square feet (0.137 FAR for restaurant and retail sales uses based on total
lot area) and approximately 5,190 square feet of accessory uses to the hotel at a
height of 74.33 feet (to flat roof deck).
On November 17, 2009, the Community Development Board (CDB) approved with
16 conditions of approval a Flexible Development application for the construction
of a 142-unit hotel with associated amenities, restaurant use of 2,750 square feet
and retail sales use of 3,900 square feet (FLD2009-08026).
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 95 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 November 17, 2009, and unanimously
recommended approval of the application (DVA2009-00002).
10.5 Approve a Development Agreement between Agostino Digiovanni, Francesco
Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust and
Flamingo Bay Condominium Developers, LLC (the property owners) and the City
of Clearwater, providing for the allocation of 79 units from the Hotel Density
Reserve established in Beach by Design and adopt Resolution 09-39.
On October 22, 2009 City Council ratified and confirmed the City Manager’s
acceptance of a United States Department of Energy Efficiency and Conservation
Block Grant in the amount of $1,075,400. The grant provides funding for four
separate City projects, one of which is establishing an electronic building plan
Council Work Session 2009-12-14 23
submittal and review system. The Planning and Development Department is
requesting a contract be awarded to Avolve Software in the amount of $112,500
to purchase the software.
ProjectDox is currently the only self-hosted solution for electronic plan check and
review for governmental entities. It is designed to handle permit project drawings
from review, markup, approval and through to final inspection. ProjectDox is the
only electronic plan review solution with a proven two way integration with the
Department’s Accela permitting system. Implementation of ProjectDox will begin
after the Accela upgrade is fully implemented in the Spring 2010.
Funding and the related expenditures for this project will be captured in Special
Program project 181-99857, Electronic Plan Submittal.
10.6 Approve the contract purchase of ProjectDox software, an electronic plan
submittal and review system from the Avolve Software Corporation in the amount
of $112,500 with monies provided by the Department of Energy Efficiency and
Conservation Block Grant and authorize the appropriate officials to execute same.
(consent)
On October 22, 2009 City Council ratified and confirmed the City Manager’s
acceptance of a United States Department of Energy Efficiency and Conservation
Block Grant in the amount of $1,075,400. The grant provides funding for four
separate City projects, one of which is establishing an electronic building plan
submittal and review system. The Planning and Development Department is
requesting a contract be awarded to Avolve Software in the amount of $112,500
to purchase the software.
ProjectDox is currently the only self-hosted solution for electronic plan check and
review for governmental entities. It is designed to handle permit project drawings
from review, markup, approval and through to final inspection. ProjectDox is the
only electronic plan review solution with a proven two way integration with the
Department’s Accela permitting system. Implementation of ProjectDox will begin
after the Accela upgrade is fully implemented in the Spring 2010.
Funding and the related expenditures for this project will be captured in Special
Program project 181-99857, Electronic Plan Submittal.
10.7 Appoint a Complete Count Committee to assist in the 2010 Census and Pass
Resolution 09-51.
On November 4, 2009, the City of Clearwater became a 2010 Census Partner. As
a partner, the City agrees to help fulfill the mission of the 2010 Census, which is to
achieve 100% participation. This is accomplished with outreach activities,
distribution of information through various media, use of City facilities, and
formation of a Complete Count Committee.
The purpose of the Complete Count Committee is to increase awareness about
Council Work Session 2009-12-14 24
the Census, motivate residents in the City to respond, and to ultimately attain
100% participation in the 2010 Census. The Committee will be responsible for
promotion and education of City residents regarding the importance of a complete
count, since the census determines the allocation of over $400 billion dollars of
federal funding each year for infrastructure and services throughout the country.
Exhibit A to Resolution 09-51 that includes the names of the committee members
will be provided by December 11, 2009.
In response to a question, Planner Cate Lee said the goal is to appoint 15 individuals.
It was requested that staff confirm if any one from Saint Cecelia was approached.
11. Legal
11.1 Approve a settlement of the case of John Shields v. City of Clearwater, Case 09-
4038-CI-11, in the amount of $70,000.00 and authorize the appropriate officials to
execute same. (consent)
An action was brought against the City for injuries to the plaintiff, John Shields,
resulting from an incident involving a defective manhole cover on Gulf to Bay
Boulevard. As he was driving over the manhole cover, it came out of its collar,
damaged the undercarriage of his car, causing him to lose control, jump a curb,
and strike two vehicles parked in a nearby parking lot. Mr. Shield’s primary injury
was a torn rotator cuff in his right shoulder. Following a period of conservative
treatment, surgery was performed to repair the damage. Mr. Shield has some
residual impairment (6%), and incurred medical expenses.
The parties participated in mediation, per Court order, on November 16, 2009,
and a tentative settlement of all of Mr. Shields claims was reached. The
proposed settlement provides for a cash payment of $70,000.00 to the plaintiff in
exchange for a full release from all liability, past, present and future.
11.2 Adopt Ordinance 8117-09 on second reading, repealing Section 30.053, Code of
Ordinances, relating to nonconsensual tows of vehicles from private property.
11.3 Adopt Ordinance No. 8130-09 on second reading, submitting to the city electors a
proposed amendment to the City Charter amending Section 2.01(c)(3), to
eliminate the mandatory rotation of independent auditors and require a
competitive Request for Proposals process every five years.
11.4 Approve an agreement between the City and LOM to allow LOM to build a Break
Wall on city property in advance of a formal Development Agreement, setting out
terms and conditions, authorize an easement for such purpose and authorize the
Council Work Session 2009-12-14 25
appropriate officials to execute same. (consent)
On June 18, 2009, Council authorized staff to negotiate a development agreement
and all other necessary agreements to implement the development and
construction of a multi-story condominium building, consisting of retail and
restaurant condominium building and a commercial parking garage containing
the minimum of 300 parking spaces open to the public, on the LOM property.
LOM and the city are presently negotiating the definitive agreements for the
project, which are scheduled to be presented to Council on January 14, 2010.
LOM has requested the city consider an agreement and easement which would
allow the construction of a "Break Wall" on city property lying west of the LOM
property along the Beachwalk promenade, prior to the approval of the definitive
agreements. On August 31, 2009, FEMA issued a conditional letter of map
revision for the flood zone change, conditioned upon the construction of the Break
Wall on the city property. Following the construction of the Break Wall, the city will
file the letter of map revision to FEMA supporting the flood zone change, advertise
the flood zone change as required by law and process the flood zone change in
accordance with requirements set forth by FEMA. This process will take
approximately 3 to 4 months following the completion of construction of the Break
Wall.
This agreement allows the developer to commence construction of the Break
Wall which will accelerate the timeframe for construction. However, because of
the approval process, it is possible that the Break Wall will be constructed and the
project and the development agreement not be ultimately approved or the project
not move forward for other reasons. In order to protect against that contingency,
the agreement provides that in the event the Break Wall is constructed and the
FEMA approval is granted but the project does not move forward through no fault
of the city’s, LOM will compensate the city for the increased value of the property
which resulted from the FEMA map revision. The agreement establishes the
process by which the appraisers will be selected to determine the value.
The agreement provides that LOM will be responsible for the construction and
maintenance of the Break Wall. The easement provides LOM access across the
city property to the Break Wall for the purposes of maintenance, construction and
operation of the wall.
It is important to note that the easement is not contingent upon the ultimate
construction of the garage project. In the event the project is not constructed
following the construction of the Break Wall, the Break Wall will remain in place
and the FEMA change will remain in place.
12. City Manager Verbal Reports
12.1 City Manager Verbal Reports - None.
Council Work Session 2009-12-14 26
13. Other Council Action
13.1 Other Council Action - None.
14. Adjourn
The meeting was adjourned at 4:48 p.m.
15. Presentation(s) for Council Meeting
15.1 Green City Award - Presented by Anna Fusari, Florida Green Building Coalition
(FGBC).
Council Work Session 2009-12-14 27