01/11/2010
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
January 11, 2010
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 Karen Vaughan - Administrative
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 9:00 a.m. at City Hall.
1. Presentations
1.1 Service Awards
Seven service awards were presented to city employees.
The January Employee of the Month Award was presented to Billie Kirkpatrick, Finance
and the Bimonthly Team Award for December/January was presented to Ian Prior and
Shawn Stafford, C-View TV.
The council recessed from 9:17 a.m. to 9:36 a.m. to meet at the Community
Redevelopment Agency and the Pension Trustees.
2. Fire Department
2.1 Appoint David Hogan as Trustee of the Clearwater Firefighters’ Supplemental
Trust Fund with term ending December 31, 2010, filling the remaining term
vacated by Robert Going in accordance with Sec. 175.061 of the Florida State
Statutes. (consent)
The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies
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obtained by the State of Florida from insurance companies doing business within
the community. These monies are required to be administered by a Board of
Trustees whose composition must consist of two legal residents of the City
appointed by the City Council; two City firefighters elected by the firefighters; and
a fifth member chosen by a majority of the other four members and submitted to
the City Council for appointment. The Board of Trustees is solely responsible for
administration of the trust fund.
Mr. Hogan has indicated his willingness to finish Mr. Going’s two-year term. The
other four members of the Board of Trustees selected David Hogan to be
appointed as the fifth member in accordance with Sec. 175.061 of the Florida
State Statutes. It is recommended that the City Council, as a ministerial duty,
affirm David Hogan as a trustee to the seat for the period of January 1, 2010
through December 31, 2010.
3. Gas System
3.1 Approve the second renewal of the contract (Purchase Order) with Florida Gas
and Electric, 8011 Land O’Lakes Boulevard, Land O’Lakes, FL for the period
February 1, 2010, to January 31, 2011, for the Installation of Gas Mains and
authorize the appropriate officials to execute same. (consent)
Florida Gas and Electric is one of two Clearwater Gas System (CGS) contractors
who install Gas Mains and Service Lines to meet residential, commercial and
industrial customer requirements in support of gas sales and operations.
Florida Gas and Electric was the lowest Bidder on Bid 04-08 Installation of Gas
Mains, and Service Lines at Various Locations and has performed satisfactory
work since the contract was awarded on February 1, 2008. This is the first of two
renewals authorized in the original bid.
Florida Gas and Electric has agreed in writing to hold current pricing on the
estimated quantities for the Installation of Gas Mains and Service Lines in Bid 04-
08 in the contract amount of $831,780 for the period February 1, 2010, to January
31, 2011, and has provided a Performance Bond and Proof of Insurance.
Funds are available in Code 315-96378 ($700,000) Pasco New Mains and
Service Lines, Code 315-96377 ($131,780) Pinellas New Mains and Service
Lines, in the Clearwater Gas System budget to support these requirements.
3.2 Approve an increase of $2,595,384.15 in the Clearwater Gas System FY 09/10
Dividend to the City General Fund and allocate $100,000 of this back to the
Clearwater Gas System for investment in the Clearwater Neighborhoods
Expansion Program to provide gas mains and services to Clearwater citizens.
(consent)
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Clearwater Gas System (CGS) budgeted to pay a FY 09/10 Dividend of
$1,700,000 to the City General Fund. Based on City Council policy, the Gas
System each year returns ½ of its annual Net Income, less debt service interest,
as a Dividend to the City in the following year. CGS’s financial performance for FY
08/09 exceeded our budget forecasts; therefore, CGS will pay an increase in the
FY 09/10 Dividend of $519,674.84, based on financial performance.Additionally,
the Gas System received $4.15 Million in July 2009 as our portion of a gas supply
buy-out agreement executed by Florida Gas Utility (FGU) on behalf of a number
of its members. In September 2009, the Clearwater City Council provided
direction to recognize these monies as FY 08/09 revenues, which would result in
½ of this amount being paid to the City General Fund as an added Dividend in FY
09/10. Therefore, CGS will pay an increase in the FY 09/10 Dividend of
$2,075,709.31, based on this special FY 08/09 revenue item. Therefore, the FY
09/10 Dividend transfer to the General Fund should increase from $1,700,000 to
$4,295,384.15, a total increase of $2,595,384.15.Finally, it has been Council
direction in the past several years to re-direct a portion of the CGS Dividend
payment back to the CGS to accomplish the Clearwater Neighborhoods
Expansion Program (CNEP). As of FYE 08/09, the City has invested $1,257,845
in this program to provide gas mains and services into Countryside, Coachman
Ridge, and a number of up to 300 foot extensions throughout the City amounting
to 11.1 miles of gas main and servicing 35 citizen accounts. During the 2 ½ years
of the program to FYE 08/09, we have actually expended $619,528.09 (50.7% of
the allocated funding) and have $638,316.91 (49.3% of the allocated funding)
remaining available to invest in new gas mains and services. The usage rate over
the past year has been about $100,000. Therefore, it is recommended the City
Commission allocate $100,000 of the added CGS Dividend payment back to CGS
to add to the CNEP funding and perpetuate this program to benefit our citizens by
making clean and economical natural gas available to their homes.
A first quarter budget amendment will reflect the transfer of $2,595,384.15 from
Clearwater Gas System code 0423-02078-590200-581-000-0000 to General
Fund code 0010-00000-382223-000-000-0000 to reflect the increased dividend
payment from the Clearwater Gas System to the City’s General Fund. In addition,
if approved, a first quarter budget amendment will reflect the transfer of $100,000
from the General Fund 0010-07000-590800-581-000-0000 to CIP project 0315-
96385-388010-000-210-0000 (Gas Mains) to fund future gas main extensions in
Clearwater neighborhoods.
3.3 Authorize Clearwater Gas System to apply for a Compressed Natural Gas Fueling
Equipment Grant from the Florida Energy and Climate Commission. (consent)
The Florida Energy and Climate Commission has issued a grant opportunity,
funded by the American Recovery and Reinvestment Act of 2009, that provides
50% matching funds (not to exceed $500,000) for the purchase of Compressed
Natural Gas (CNG) fueling equipment. The application deadline is February 1,
2010.
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Clearwater Gas System would like to apply for this grant and propose to build a
CNG filling station located on Hercules Ave, next to the Clearwater Airpark. The
Solid Waste/General Services department would like to convert two to
three garbage trucks and five to eight light-duty trucks to CNG in 2010. Solid
Waste would ultimately convert six to eight trucks per year in order to have all
garbage trucks operating on CNG within 10 years.
Additional light duty trucks would be converted based on lifecycle cost benefit. In
addition, separate fueling dispensers would be available to the general public with
credit card payment only.
The total estimated cost to build the station is $1.2 million. Equipment cost is
approximately $900,000 and design/construction is $300,000. Clearwater Gas
System’s capital cost would be approximately $750,000, with matching grant
funds of $450,000. Each garbage truck would save approximately $18,300 based
on average diesel price of $3 per gallon and natural gas at $0.90 per therm (after
receiving a $0.40 per therm federal tax credit).
Funding will be provided by the “Expanded Clearwater Gas System Energy
Conservation Program.”
In response to a question, Gas Program Manager Brian Langille said a preliminary
review indicated a 4-year payback. Gas System Managing Director Chuck Warrington
said the economic analysis predicated on the current rebate program, which is expected
to double this year. Mr. Warrington said there is an opportunity for revenue as the
station contemplates a public fill capability.
3.4 Approve in concept the use of $2,075,709.31 of funding to accomplish certain
energy conservation objectives, authorize the Gas System Managing Director to
develop and implement programs to accomplish these objectives, authorize CIP
project 315-96386 (Expanded Energy Conservation) to be established at first
quarter, and authorize the continuation of this funding by recouping these monies
as expended through the Gas System Energy Conservation Adjustment rate
mechanism. (consent)
The Clearwater Gas System (CGS) received $4.15 Million in July 2009 as our
portion of a gas supply buy-out agreement executed by Florida Gas Utility (FGU)
on behalf of a number of its members. In September 2009, the Clearwater City
Council directed these monies be recognized as FY 08/09 revenues, which would
result in ½ of this amount being paid to the City General Fund as an added
Dividend Payments in FY 09/10. The Council further instructed CGS to return with
a plan to use the remaining ½ of the proceeds ($2.08 Million) on Energy
Conservation Programs to benefit our customers.It is recommended the City
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Council:
1. Approve in concept the use of these funds to accomplish the following four gas
load building objectives to benefit our customers and encourage energy saving
decisions:
a) Residential Super S.A.V.E. Program(s) - An enhanced residential appliance
& installation rebate program(s) to encourage the installation of energy efficient
residential gas appliances. Note that our S.A.V.E. acronym is Supplying
Advantage & Value through Energy.
b) Commercial Conversion Program(s) – A commercial rebate program(s) to
offset the labor & materials cost of conversion from electric &/or propane (LP) to
energy efficient gas equipment.
c) System-wide Neighborhood Expansion Program(s) – A gas main extension
program(s) to pay for the installation of gas main lines to areas beyond the normal
7-year payback to enable CGS to provide energy efficient gas service to
customers who would otherwise have to pay additional facilities costs to acquire
gas service. This would be System-wide Neighborhood Expansion Program
(SNEP) program(s) that would work similar to our Clearwater Neighborhood
Expansion Program (CNEP) and would benefit all our service area including
additional expansion in the Clearwater area.
d) Natural Gas Vehicle Program(s) - A NGV program(s) to provide for NGV
filling station(s) construction &/or conversion of vehicles or offsetting the cost to
purchase dedicated NGV vehicles &/or related equipment.
2. Authorize the CGS Managing Director to develop and approve Energy
Conservation Programs to accomplish the above objectives, and
3. Enable these programs to be extended to continue to benefit future customers
by authorizing that these funds be replenished as used by applying the Energy
Conservation Adjustment (ECA) rate mechanism, thereby providing that these
monies be used as seed monies to generate an expanded and ongoing CGS
Energy Conservation Program.
CIP project 315-96386 (Expanded Energy Conservation) will be established at
first quarter, to segregate these funds to be used for the above purposes.
4. Human Resources
4.1 Authorize the renewal of a contract with Humana (CompBenefits) for voluntary
employee and retiree dental insurance for the period from January 1, 2010, to
December 31, 2010 and authorize the appropriate officials to execute same.
(consent)
The contract with one of the City’s two current dental insurance providers,
Humana (CompBenefits), expired on December 31, 2009. Humana presented a
renewal offer for a one year contract at a 3% increase in premiums, or a two year
contract at a rate-guaranteed increase of 6%, with no changes to the schedule of
benefits for any of the three plan options currently in effect. The City’s Benefits
Committee recommended agreeing to retain Humana under the proposed one-
year arrangement, and City staff concurs with the recommendation, with the
expectation that the City will look to bid the dental insurance contract again in
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2010. There is no cost to the City associated with this request as the premiums
are paid entirely by enrolled employees and retirees through payroll deduction for
this voluntary benefit.
In response to a question, Human Resources Manager Allen Del Prete said there have
been no increases in 3 years but expect to bid next year.
4.2 Approve renewal of the Agreement between the City and Lincoln Financial and
authorize a purchase order in the amount not to exceed $480,000 for life
insurance premiums for CWA Life, SAMP Life, SAMP Supplemental Life, City
Basic Life, and Long Term Disability coverages for the two-year period from
January 1, 2010 to December 31, 2011 and authorize the appropriate officials to
execute same. (consent)
The City is contracted with Lincoln Financial for all life insurance coverages
currently offered and has combined all services into one purchase order.
The City currently provides for the following group life insurance benefits:
· CWA Life in an amount equivalent to 1 ½ times the employee’s annual base
salary not to exceed $50,000
· SAMP Life in an amount equivalent to 1 times the employee’s annual base
salary
· Voluntary SAMP Supplemental Life in incremental amounts equivalent to an
additional 1-3 times the employee’s annual base salary, the premiums for which
are payroll- deducted from the employee’s salary
· Basic Life insurance in the amount of $2,500 for all employees except CWA
· Long Term Disability Insurance for those employees who do not participate
in the City Pension Plan.
Lincoln Financial has provided guaranteed rates for two years with no increase
from the current rates. This request is for approval of a contract renewal with
Lincoln Financial and authorization of a purchase order in the amount not to
exceed $480,000 for the period from January 1, 2010 to December 31, 2011, the
cost of which is within the existing Human Resources fiscal year 2009/2010
budget. Costs incurred from October 2010-December 2011 will be budgeted as
part of the fiscal year 2010/2011 and 2011/2012 budgets.
It was suggested that consideration be given to provide council with more insurance.
4.3 Authorize the renewal of a contract with MHNet of Florida for employee and
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retiree Employee Assistance Program and Mental Health/Substance Abuse
benefits for the period from January 1, 2010, to December 31, 2010, authorize a
purchase order in the amount not to exceed $175,000 for the payment of
associated premiums and authorize the appropriate officials to execute same.
(consent)
The contract with the City’s Employee Assistance Program provider, MHNet of
Florida (Unipsych), expired on December 31, 2009. The City had contemplated
cancelling the Mental Health/Substance Abuse coverage with MHNet and
providing for the services under the City’s medical insurance plan with
CIGNA. However, the City determined that the additional out-of-pocket cost of $50
per visit to employees and retirees covered under the CIGNA plan would be too
significant and opted instead to retain MHNet for the provision of the services at
$10 per visit under the current carve-out arrangement and with no increase in
premiums for 2010. MHNet will continue to be the City’s sole provider for EAP
services. However, employees and retirees will still have the option of utilizing
either MHNet or CIGNA for Mental Health/Substance Abuse treatment. Total
premiums for all full-time employees, part-time employees, retirees and COBRA
participants amounts to $171,756 for 2010. The premiums are rolled into the total
premiums for each of the City’s medical insurance plan options, resulting in the
City’s share of the cost being allocated in accordance with the current subsidy
percentages established for each of those plans, i.e., 100% of the Base plan cost
for the employee-only, 75% of the Base plan cost for the employee-plus-one-
dependent, and 68% of the Base plan cost for the employee-plus-family.
The anticipated cost is not expected to exceed $175,000 annually and is within
the existing Human Resources fiscal year 2009/2010 budget. Costs incurred from
October-December 2010 will be budgeted as part of the fiscal year 2010/2011
budget.
4.4 Approve the RFP Evaluation Committee ranking of Onsite Medical Clinic
Providers: 1- CareATC, 2- CareHere, 3- Healthstat,authorize negotiation of a
contract with CareATC, for the administration of a facility to provide onsite medical
and prescription drug services under a fixed cost pricing arrangement at a total
cost not to exceed $1.5 million per year; should negotiations with CareATC be
unsuccessful authorize negotiations with CareHere; once negotiated, the contract
to be presented to Council for approval and approve the first year to be funded
from City reserves. (consent)
In June of 2009, the City issued Request For Proposals 14-09 seeking qualified
firms to administer a facility with the ability to provide onsite medical and
prescription drug services to the City’s employees, retirees, and their dependents
enrolled in the City’s medical insurance plan. Responses to the RFP were
received from six entities. A City RFP evaluation committee met initially on
Thursday, December 3, 2009 to review and conduct a comparative analysis of the
responses. The review focused on respondents’ qualifications, capacity to provide
for primary care and work related injuries, identification, measurement, and
treatment of high risk individuals, communication plans and member services, as
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well as proposed costs and cost savings. The evaluation committee scored and
ranked the responses, narrowing the list to three finalist candidates. Criteria for
the scoring included cost, ability, capacity and skill to perform the requested
services, references, and experience with clinic operations. The RFP evaluation
committee met again on Wednesday, December 9, 2009 to receive presentations
from and interview the three respondents to the RFP identified as finalists. The
evaluation committee again scored and ranked the three finalist candidates
utilizing the prior criteria. CareATC emerged with the highest ranking by a narrow
margin over CareHere. As such, the City requests that Council authorize the City
to enter into negotiations initially with CareATC to serve as administrator of a full
service onsite primary care clinic.
It is anticipated the medical clinic will be used for primary care office visits and
case management, acute and urgent care, initial treatment of job-related injuries,
immunizations, dispensing of a pre-determined formulary of prescription drugs,
employee pre-hire and annual physicals, health risk assessments, disease
management, and other wellness initiatives. Costs are to be determined based
on negotiated levels of staffing, hours of operation, and extent of services, and will
be funded initially from City reserves.
In response to a question, Human Resources Manager Allen Del Prete said the clinic
will be available to employees enrolled in the city health insurance plan. The Health
Risk Assessments are covered by HIPPA rules and individual results are confidential.
5. Marine and Aviation
5.1 Approve an agreement between the Federal Aviation Administration (FAA) and
the City of Clearwater to waive FAA funding and redirect to another local general
aviation airport and authorize the appropriate officials to execute same. (consent)
The Federal Aviation Administration (FAA) apportions funds specified for general
aviation airports, including Clearwater Airpark, each fiscal year. If we accept the
funds the airpark will become subject to requirements the City does not want to
implement. These requirements include, among others, the airpark being open 24
hours a day, maintaining it as an airpark for 20 years and widening the clear zone
from 250 to 500 feet.
The FAA will allow the City to waive receipt of the funds and redirect them to
another local general aviation airport. Albert Whitted Airport is the closet general
aviation only airport and already accepts FAA funding, abiding by its
conditions. Signing the agreement will keep general aviation grant dollars in
Pinellas County and assist an airport that is able to provide general aviation
aircraft storage that Clearwater’s airpark cannot accommodate. Signing the
agreement will not impose any obligations on the City.
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Staff was directed to provide information on how the St. Pete/Clearwater Airport would
use funds.
6. Engineering
6.1 Approve the applicant’s request to vacate the East 35 feet of a portion of South
Gulfview Boulevard right-of-way lying along the west boundary of Lots 60, 61 and
62, Lloyd-White-Skinner Subdivision, (A.K.A. 311 South Gulfview Blvd.), as more
particularly described in the ordinance, subject to project completion on or before
June 30, 2012, and pass Ordinance 8145-10 on first reading. (VAC2009-07
L.O.M., Inc.)
The applicant is seeking the vacation of the east 35 feet of South Gulfview
Boulevard. If the vacation is approved a parking garage with ancillary restaurant
retail use is to be constructed over the vacated right-of-way and the adjoining
property.
Progress Energy, Bright House Networks, Knology and Verizon have no
objections to the vacation request.
The applicant will, at their expense, relocate a City water main and a sanitary
sewer main presently in the subject right-of-way.
An associated Flexible Development case (FLD2009-09032) was approved by the
Community Development Board on December 15, 2009.
A Development Agreement, (DVA2009-00004), between the City and the
developer, L.O.M., Inc., was recommended for approval by the Development
Review Committee on November 5, 2009 and is subject to City Council approval
in tandem with this vacation request.
A condition of approval in the ordinance requires the applicant to complete
development of the property on or before June 30, 2012 or the vacation will
become null and void. This condition is consistent with the completion date
specified in the Development Agreement.
The Engineering Department has no objections to the vacation request provided
that the vacation is subject to the condition of approval contained in the ordinance.
It was stated the Development Agreement will be go before council in February.
6.2 Approve Change Order 4 to R.E. Purcell Construction Co., Inc. for S Gulfview
Blvd Reconstruction in the amount of $69,205.00 for a total contract value of
$1,257,369.22 and authorize the appropriate officials to execute same. (consent)
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June 18, 2009, City Council awarded R.E. Purcell the construction contract for
South Gulfview Blvd Reconstruction Project in the amount of $1,109,657.62.
September 11, 2009, City Manager approved Change Order 1 for additional
scope of work, specifically water items, increasing the contract by $4,623.76 for a
total contract value of $1,114,281.38.
October 1, 2009, City Manager approved Change Order 2 adding PVC conduit for
traffic signalization and Brighthouse conduit, increasing the contract by
$14,924.30 for a total contract of $1,129,205.68.
December 3, 2009, City Manager approved Change Order 3 adding items for
unforeseen field conditions increasing the contract by $58,958.54 for a total
contract of $1,188,164.22.
Change Order 4 is to increase the contract for utility conflicts and excessive debris
that caused 32 days of delays to the construction schedule in the amount of
$69,205 for an amended contract total of $1,257,369.22
Sufficient budget and revenue is available as follows from Capital Improvement
Program projects: $50,088.85 from 0315-92273, Streets and Sidewalks;
$2,980.76 from 0315-96170, Coastal Basins; and from 09 Water Sewer Bond
Proceeds: $14,157.92 from 0376-96752, Water Service Lines; $1,750.66 from
0376-96665, Sanitary Sewer R&R and $226.81 from 0376-96739, Reclaimed
Water Dist System to fund the change order.
In response to questions, Engineering Director Mike Quillen said Progress Energy
designs the street light system. Most of the utilities are under the sidewalk. Staff can
ask for an estimate and timeline to move the street lights to the other side.
Staff was directed to contact the land owners to get an easement to widen the sidewalk.
The Council recessed from 11:00 a.m. to 11:08 a.m.
6.3 Accept a non-exclusive Blanket Water Main and Utilities Easement over, under,
across and through a portion of the Northwest 1/4 of Section 15, Township 29
South, Range 16 East, conveyed by D. Paul and Barbara J. Haagsma, given in
consideration of receipt of $10.00 and the benefits to be derived therefrom.
(consent)
Paul and Barbara Haagsma, Grantors of the subject easement, purchased the
former Clearwater Moose Lodge at 150 McMullen Booth Road in January 2000.
The property is now operated as the campus for Career Learning Centers in
Clearwater.
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A site plan for proposed expansion of site facilities was approved by the
Development Review Committee through a Development Order issued
September 25, 2009. The approval and subsequent building permit application,
among other conditions, requires conveyance of an easement over all unrestricted
water lines prior to permitting construction of an approximately 1400 square foot
temporary modular building.
The subject Blanket Water Main and Utilities Easement complies with and fulfills
the permit requirement, granting the City maintenance authority five feet each side
of all water facilities within the property, excluding those that may lie under
structures or within five feet of structures.
7. Planning
7.1 Approve a Development Agreement between L.O.M. Inc. (the property owner) and
the City of Clearwater as per Beach by Design and Community Development
Code Section 4-606 and adopt Resolution 10-01.
The 0.99 acre parcel is located between S. Gulfview Boulevard and Coronado
Drive approximately 200 feet south of Third Street.
The main portion of the subject property (311 S. Gulfview Boulevard [including
305, 309 and 315 S. Gulfview Boulevard]) is currently developed with a retail
sales use of 7,128 square feet of floor area (Surf Style) and a restaurant of 6,058
square feet of floor area (Britt’s). The other portion of the subject property (320
Coronado Drive) is developed with a detached dwelling.
On December 15, 2009, the Community Development Board (CDB) approved with
15 conditions of approval a Flexible Development application to permit Retail
Sales and Services of 34,183 square feet of floor area, a Restaurant of 6,887
square feet of floor area and a Parking Garage of 349 parking spaces (including
48 accessory parking spaces for the Retail Sales and Services and Restaurant
uses and 301 public parking spaces) (FLD2009-09032).
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 five (5) years following the
completion date of the project, meets the design guidelines of Beach by Design
and includes the following main provisions:
Provides for at least 301 parking spaces open to the public, with at least 250 of
these spaces available on an hourly basis;
Separates the project into a Retail Unit(s) (total of 38,249 square feet of
retail/commercial floor area on the ground floor consisting of approximately
31,421 square feet of retail space [does not include the Beach Walk Thru Area],
6,828 square feet of restaurant space and 48 parking spaces on the second floor)
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and a Parking Unit (301 parking spaces);
Includes the formation of a three-unit condominium for the project (one unit for
the retail portion, the 48 associated parking spaces and the delivery area, one for
the restaurant portion and one for the Parking Unit);
Includes provisions for the approval by FEMA of a Flood Zone map change
from a VE-Zone to an AE-Zone to allow construction of the Retail Unit on the
ground floor of the building through the construction of a wave dissipating wall
within the S. Gulfview Boulevard right-of-way;
Requires the developer commence construction of the project on or before
June 30, 2010;
Requires the City review (approval or denial) of the building permit within 30
days of submission of the permit; and
Authorizes café seating within the S. Gulfview Boulevard right-of-way.
The Community Development Board reviewed this Development Agreement
application at its public hearing on January 5, 2010, and unanimously
recommended approval.
Per the conditions of the PUT agreement, the City will establish capital
improvement project 315-92649, Surf Style Condominium – Parking Unit in the
amount of $9.3 million. Funding will be provided by a first quarter transfer of $6
million from capital project 315-92641, Seashell Parking Lot. The balance of $3.3
million will be transferred from the undesignated retained earnings of the Parking
Fund.
8. Official Records and Legislative Services
8.1 Approve 2010 Federal Legislative Package
Each year, the City of Clearwater submits a list of legislative priorities for
consideration for the new federal budget year. Once the package is approved, the
City’s legislative liaison will submit our request to our delegation.
The 2010 Federal Legislative Package includes such issues as: funding requests
for the Capitol Theater and Wastewater/Reclaimed Water Infrastructure;
supporting legislation that will diversify Brownfields Remediation loans into grant
funds; opposing decreased funding for Community Development Block Grant and
Housing and Urban Development programs.
8.2 Appoint one member to the Library Advisory Board with the term to expire
January 31, 2014.
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Consensus was to appoint Judith McSwine.
8.3 Appoint Margo Walbolt as the Clearwater Arts Foundation representative to the
Sister Cities Advisory Board with the term to expire January 31, 2014. (consent)
8.4 Direction regarding start of election process. (WSO)
Changes to the election code will be brought to the Council at the February 4,
2010 Council meeting. The amendments being recommended are to update the
code in keeping with changes to the City Charter, State Statutes and State and
Supervisor of Elections rules and procedures.
There have been several inquiries regarding shortening the time between the first
day potential candidates can file the appointment a treasurer form (180 days prior
to the election) and the first day of qualifying (first Monday in December),
essentially a three month period.
Staff was directed to leave process as status quo.
9. Legal
9.1 Approve payment of $100,000 to Mark Searcy of Chase Realty for services in
connection with obtaining property for beach parking garage. (consent)
At its March 6, 2008 meeting, Council directed the City Attorney to prepare a
Request for Proposals from licensed real estate brokerage firms and agents for
the purpose of selecting a firm and agent to attempt to assemble land suitable for
development of a 300 space public parking garage on South Clearwater Beach.
RFP/RFQ 18-08 was issued on March 24, 2008 in response to that direction.
Among other matters, the RFP/RFQ required that respondents consider and
address the following tasks, provide their qualifications to undertake the
requirements, and submit a time and fee proposal to accomplish same:
a. Identify optimum locations and parcels required for the proposed project
b. Confirm ownership and title status of the various properties
c. Conduct discussions and negotiations with the respective owners
d. Secure Letters of Intent to Sell, including specific terms and conditions of sale
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e. Deliver executed Purchase and Sale Contracts to the City for Council action
f. Assist City with all pre-closing requirements of each Contract
g. Oversee vacation of all properties prior to closing.
h. In the event the proposed assemblage is unsuccessful, prepare a market study
detailing conditions contributing to the lack of success in assembling the lands
The RFQ/RFP generated eight responses by the April 23, 2008 deadline, one of
which was not responsive to advertised requirements. The seven responsive
proposals were received and reviewed by a 5-member Staff Evaluation
Committee. Chase Real Estate, Inc., with Wm. Mark Searcy as Agent, was ranked
highest by the Committee.
The City Council, at its May 15, 2008 meeting authorized staff to negotiate a
contract with Chase Realty/Mark Searcy to complete the aforementioned
engagement. The Agent was to complete work and report to the City Council at its
June 19th meeting all proposed parcels, with contracts no later than July 1st.
At the June 19th Council meeting ,at the recommendation of staff and with the
concurrence of the Agent, the City Council extended the date for presentation of
proposed parcels to its Work session on July 14th due to the need to conclude
further negotiation on several potential parcels.
The Agent completed the work under the proposal phase of the contract
and reported to City Council the results of his engagement on July 17, 2008, and
presented three different assembled parcels to be considered.
Subsequently, the City Council decided to enter into a term sheet followed by a
Development Agreement with LOM, Inc., for a project that was outside of the
scope of the Agent’s Agreement.
Funding for the expenditure will be provide by a first quarter budget amendment
transferring $100,000 of undesignated retained earnings of the Parking Fund to
capital project 315-92649, Surf Style Condominium – Parking Unit.
Direction was given to make payment contingent on signing LOM Development
Agreement.
9.2 Adopt Ordinance No. 8124-10 on second reading, annexing certain real property
whose post office addresses are 3001, 3002, 3008, 3013, 3016, 3021, 3024,
3029, 3032, 3037, 3040, 3045, 3056, 3057, 3069, 3081, and 3093 Crest Drive into
the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Work Session 2010-01-11 14
9.3 Adopt Ordinance No. 8125-10 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office addresses are 3001, 3002, 3008, 3013,
3016, 3021, 3024, 3029, 3032, 3037, 3040, 3045, 3056, 3057, 3069, 3081, and
3093 Crest Drive, upon annexation into the City of Clearwater, as Residential
Suburban (RS).
9.4 Adopt Ordinance No. 8126-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office addresses are 3001,
3002, 3008, 3013, 3016, 3021, 3024, 3029, 3032, 3037, 3040, 3045, 3056, 3057,
3069, 3081, and 3093 Crest Drive, upon annexation into the City of Clearwater, as
Low Density Residential (LDR).
9.5 Adopt Ordinance No. 8128-10 on second reading, amending Ordinance No. 3205-
83 as subsequently amended, a Development Order issued pursuant to Chapter
380, Florida Statutes, for Park Place, a Development of Regional Impact,
providing findings of fact and conclusions of law; incorporating a revised Map
H/Master Development Plan; providing a conversion factor for retail and office
development in Parcel 7; allocating retail development to Parcel 7; adding retail
development to Parcel 9; extending the buildout date and termination date
pursuant to Section 380.06(19)(c), Florida Statutes; determining that said
amendments are consistent with the adopted Comprehensive Plan; providing for
proper notice of proposed enactment.
10. City Manager Verbal Reports - None
11. Council Discussion Items
11.1 Add Reclaimed Water to Willadel Drive
Public Utilities Director Tracy Mercer said the estimated cost to extend reclaimed water
to Willadel in Belleair is $75,047. The extension would be paid by the property owners.
Ms. Mercer said there is a 25% surcharge for outside city limits. The Town of Belleair is
willing to do an interlocal agreement. Direction from Council was requested.
In response to concerns, it was stated that the City could provide reclaimed water for a
certain amount of time.
In response to a question, Finance Director Margie Simmons said the city would receive
the funds prior to the contract being awarded.
Consensus was to pursue extension.
Work Session 2010-01-11 15
11.2 Provide direction regarding 2010 Advisory Board Dinner Alternative (WSO)
Discussions regarding alternatives to the Annual Advisory Board dinner have
taken place from time to time. Now, in light of the closure of Harborview Center,
staff is requesting direction for the 2010 event.
Suggestions have been made, rather than a sit-down dinner, the event be a
cocktail hour with hors d’oeuvres, catering the event at a City facility such as the
Library or Sailing Center. It’s believed an event such as this would encourage the
attendees to interact more and allow for a less formal program.
Direction was given to host the event a local hotel or restaurant, invite board liaisons,
and recognize those members leaving.
12. Other Council Action
12.1 Other Council Action
Mayor Frank Hibbard - said the Pinellas Mobility Initiative was meeting this afternoon to
consider 2 routes for the Bus Rapid Transit in downtown.
Councilmember George N. Cretekos - said the City of Seminole passed an ordinance
regarding the tethering of dogs.
Consensus was to adopt a resolution encouraging Pinellas County to adopt anti-
tethering regulations.
13. Adjourn
The meeting was adjourned at 11:47 a.m.
14. Presentation(s) for Council Meeting
14.1 Acknowledge the Countryside Jr. Cougars
14.2 Adopt-A-Street Awards: Philip and Nancy Curry, Frank and Diane Ingram, Elmer
Luoma - Countryside Kiwanis.
Work Session 2010-01-11 16