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12/17/2009 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 17, 2009 Present: Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Pastor Peyton Johnson of Lakeview Community Church 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 4.1 Service Award - December Employee of the Month Matt McCombs, Fleet Mechanic. 4.2 Green City Award - Presented by Anna Fusari, Florida Green Building Coalition (FGBC). 5. Approval of Minutes 5.1 Approve the minutes of the December 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Carlen Petersen moved to approve the minutes of the December 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Council 2009-12-17 1 6. Citizens to be Heard re Items Not on the Agenda Stacey Echols - presented City with Charter for a World without Violence. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 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 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: Council 2009-12-17 2 - 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 · 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. Economic Development and Housing Director Geri Campos Lopez provided a power point presentation. Council 2009-12-17 3 Councilmember George N. Cretekos moved to approve the City of Clearwater FY 2008- 2009 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 7.2 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 o 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 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. Vice Mayor Paul Gibson moved to 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 motion was duly seconded and carried unanimously. 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Council 2009-12-17 4 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) 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 Council 2009-12-17 5 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 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. In response to questions, Planner Catherine Lee said county provisions allow the properties to maintain horses indefinitely. Councilmember Carlen Petersen moved to 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). The motion was duly seconded and carried unanimously. Ordinance 8124-10 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8124-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. Council 2009-12-17 6 Ordinance 8125-10 was presented for first reading and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8125-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. Ordinance 8126-10 was presented for first reading and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8126-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 7.4 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; Council 2009-12-17 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 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. Councilmember Carlen Petersen moved to 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. The motion was duly seconded and carried unanimously. Ordinance 8128-10 was presented for first reading and read by title only. Councilmember John Doran moved to pass Ordinance 8128-10 on first reading. The motion was duly seconded and upon roll call the vote was: Council 2009-12-17 8 "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 7.5 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 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. Council 2009-12-17 9 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). Applicant representative Harry Cline requested that Council approve the DVA, which allocates 68 units from the density pool. The proposed project is in compliance with Beach by Design. Mr. Cline questioned the appropriateness of imposing conditions regarding outdoor noise as part of the approval as other projects have been approved without restrictions. Police reports for 2009 show only 4 registered complaints regarding noise and no citations issued. In response to a question, Planner Wayne Wells said hotels A and B, also receiving units from the pool, have limited service. It was suggested that consideration be given to restrict outdoor noise during the week after 11:00 p.m. and midnight on the weekends. It was mentioned that the city is giving the applicant something it is not entitled to receive. Discussion ensued with concerns expressed regarding placing condition on one property only and the unintended legal precedence it may create. It was stated that the city already has an ordinance addressing noise. In response to questions, Assistant City Attorney Leslie Dougall Sides said if the suggested condition was violated, the citation would go before the Municipal Code Enforcement Board for a fine of $250 per day. Enforcement of the condition would be about the same as the ordinance. One individual expressed concern with the noise level. Councilmember Carlen Petersen moved to 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. The motion was duly seconded and carried unanimously. Resolution 09-03 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 09-03. The motion was duly seconded and upon roll call the vote was: Council 2009-12-17 10 "Ayes": Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": Councilmember George N. Cretekos. Motion carried. 7.6 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 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 Council 2009-12-17 11 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). In response to questions, Planner Wayne Wells said the project does not include an outdoor bandshell but a 4th level activity deck. Plans also include 7-feet wide sidewalks. Applicant representative Ed Armstrong said an exact timeframe for the project has not been established. Councilmember George N. Cretekos moved to 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. The motion was duly seconded and carried unanimously. Resolution 09-38 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 09-38. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, Mayor Frank Hibbard. "Nays": None. 7.7 Approve a Development Agreement between Agostino Digiovanni, Francesco Council 2009-12-17 12 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. The 0.82 acres is located on the west side of Hamden Drive approximately 200 feet south of Third Street. The subject property is being modified from its platted and developed property lines to accommodate the proposed development and will have approximately 312 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 B) and the adjacent hotel under FLD2009-08026/DVA2009-00002 at 300 Hamden Drive (Hotel A). The subject property is currently developed with an 18-unit motel. This site was also previously developed with a 12-unit motel at 326 Hamden Drive and a 20-unit motel at 330 Hamden Drive. These two motels were demolished in early 2009 and this area is currently used as a temporary parking lot. The proposal is for an overnight accommodation use of a total of 118 units (149.44 units/acre on net lot acreage, including the allocation of 79 units from the Hotel Density Reserve), retail sales use of 1,335 square feet (0.037 FAR based on original lot square footage) and approximately 1,060 square feet of accessory use to the hotel at a height of 84 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 118-unit hotel with associated amenities (FLD2009-08027). 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 79 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 Council 2009-12-17 13 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 (DVA2009-00003). Councilmember Carlen Petersen moved to 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. The motion was duly seconded and carried unanimously. Resolution 09-39 was presented for first reading and read by title only. Councilmember John Doran moved to adopt Resolution 09-39. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 8. Second Readings – Public Hearing 8.1 Adopt Ordinance 8117-09 on second reading, repealing Section 30.053, Code of Ordinances, relating to nonconsensual tows of vehicles from private property. Ordinance 8117-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8117-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 8.2 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 Council 2009-12-17 14 eliminate the mandatory rotation of independent auditors and require a competitive Request for Proposals process every five years. Ordinance 8130-09 was presented for second reading and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8130-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. City Manager Reports 9. Consent Agenda 9.1 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) 9.2 Award a contract to Bollenback Builders, Inc. of Oldsmar, Fl., Bid 09-0011-PR (A) for the sum of $705,282.00 (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) 9.3 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) 9.4 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) 9.5 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 Council 2009-12-17 15 in the City of Clearwater, and authorize the appropriate officials to execute same. (consent) 9.6 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) 9.7 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) 9.8 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) 9.9 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) 9.10 Approve the contract purchase of ProjectDox software, an electronic plan submittal and review system from the Avolve Software Corporation in the amount of $112,000 with monies provided by the Department of Energy Efficiency and Conservation Block Grant and authorize the appropriate officials to execute same. (consent) 9.11 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) Council 2009-12-17 16 Councilmember John Doran moved to approve the Consent Agenda as submitted, less Item 9.12, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.12 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 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 Council 2009-12-17 17 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. It was requested the item be pulled from the Consent Agenda as there was an amendment to the easement agreement requiring LOM to apply for a permit for the Break Wall within 30 days while recording the agreement and to complete construction of the Break Wall within 150 days following the issuance of such permit. Concern was expressed that the city does not have a clear financial benefit of the wall being built. Councilmember John Doran moved to 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 as amended for such purpose and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Approve Parks and Recreation Board recommendation to name the gymnasium at Countryside Recreation Center, John Wiser Gymnasium. 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 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. Council 2009-12-17 18 In response to a question, Parks and Recreation Director Kevin Dunbar said there was one dissenting vote. The chair felt the individual did not contribute enough to warrant a facility be named after him. Two individuals spoke in support. Councilmember George N. Cretekos moved to approve Parks and Recreation Board recommendation to name the gymnasium at Countryside Recreation Center, John Wiser Gymnasium. The motion was duly seconded and carried unanimously. 10.2 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, Council 2009-12-17 19 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. In response to questions, Human Resources Director Joe Roseto said there was a significant shift from the buy-up option, approximately 70%. Councilmember George N. Cretekos moved to amend the date in Section 1 of the resolution to December 31, 2010. The motion was duly seconded and carried unanimously. Vice Mayor Paul Gibson moved to approve Item 10.2 as amended. The motion was duly seconded and carried unanimously. Resolution 09-54 was presented and read by title only. Councilmember Carlen Petersen moved to adopt Resolution 09-54, as amended. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 10.3 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. 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. Council 2009-12-17 20 A copy of the resolution will be forwarded to the State, together with such other paperwork or applications as may be necessary. Marine and Aviation Director Bill Morris said the Marine Advisory Board unanimously supports the project. The State will determine location of the buoys. In response to a question, Mr. Morris said Buoy 3 will be 100 feet off the beach and not inside the watercraft area. Councilmember Carlen Petersen moved to 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. The motion was duly seconded and carried unanimously. Resolution 09-47 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 09-47. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 10.4 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 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. Council 2009-12-17 21 It was stated that the address for Ms. Peters is incorrect. Councilmember George N. Cretekos moved to appoint a Complete Count Committee to assist in the 2010 Census. The motion was duly seconded and carried unanimously. Resolution 09-51 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 09-51. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 10.5 Approve a donation to the Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of its 2009-2010 operation in the amount of $370,000. 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 operations as a 501(c)(3) organization. Council 2009-12-17 22 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 a question, CHIP Executive Director Ed Brandt said last year's cost to run the overnight shelter was estimated at $14.99 per bed per night and $5.84 per day service. Councilmember Carlen Petersen moved to approve a donation to the Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of its 2009-2010 operation in the amount of $370,000. The motion was duly seconded and carried unanimously. 10.6 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. 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. The 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 Council 2009-12-17 23 $21,965.90 for total funding in the amount of $515,314.57. In response to questions, Building Construction Manager Perry Lopez said the bid bond was received 49 days after the award date. The awardee was required to submit the bond within 10 days of the award date. Mr. Lopez said the department has never had an issue with the timeframe. Caladesi Construction is prepared to commence work the first week of January. BRW owner Wayne Blankenship said his attorney reviewed the contract over a 4-day period and the bonding agent took much longer to review. Mr. Blankenship said the bonding agent instructed him to deliver the bid bond. He expressed concern with losing bid bond. Concern was expressed if time frame is waived for BRW and not for someone else. A suggestion was made the 10-day timeframe be lengthened to 20 days for all contracts. It was stated that the city is entitled to the bid bond. The City Attorney was directed to negotiate with BRW regarding the bid bond. Councilmember John Doran moved to 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. The motion was duly seconded and upon vote being taken: Mayor Frank Hibbard, Councilmember George N. Cretekos, "Ayes": Councilmember John Doran, and Councilmember Carlen Petersen. "Nays":Vice Mayor Paul Gibson. Motion carried. 10.7 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 Council 2009-12-17 24 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 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 the sale proceeds will be recognized in revenue code 421-00000-364220, Surplus Land Sales. Council 2009-12-17 25 Councilmember Carlen Petersen moved to 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. The motion was duly seconded and carried unanimously. Resolution 09-55 was presented and read by title only. Councilmember John Doran moved to adopt Resolution 09-55. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. 10.8 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. Council 2009-12-17 26 Councilmember George N. Cretekos moved to 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. The motion was duly seconded and carried unanimously. Resolution 09-52 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 09-52. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice Mayor Paul Gibson, and Mayor Frank Hibbard. "Nays": None. Council 2009-12-17 27 Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports -_None. 12. Other Council Action 12.1 Other Council Action Councilmembers wished all a safe and happy holiday season. Councilmember George N...Cretekos spoke in remembrance of lost loved ones. Adjourn The meeting was adjourned at 8:03 p.m. , v, Mayor City of Clearwater Attest Ci Clerk Council 2009-12-17 2S