10/05/2010
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 5, 2010
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Rosemarie Call - City Clerk, and Patricia O. Sullivan - Board Reporter.
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 - Rev. Doctor John R. Thompson of Countryside Christian Center
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 National Arts and Humanities Proclamation - October 2010
4.2 Public Natural Gas Week Proclamation - October 3-10, 2010
5. Approval of Minutes
5.1 Approve the minutes of the September 22, 2010 City Council Meeting as
submitted in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the September 22, 2010
City Council Meeting as submitted in written summation by the City Clerk. The motion
was duly seconded and carried unanimously.
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6. Citizens to be Heard re Items Not on the Agenda - None.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve amended Development Agreement between the City of Clearwater and
LOM, Inc. for the Surf Style Condominium Parking Garage project, extending the
start and completion dates by six months and adopt Resolution 10-26.
A Development Agreement between the City and LOM, Inc. was approved on
February 18, 2010 and recorded in the Official Records of Pinellas County on
February 22, 2010.
The Plans and Specifications for the project have been approved by the City, the
break wall has been completed, FEMA has approved the Flood Zone change and
all appeal periods that would allow for a challenge of the Flood Zone change have
expired.
LOM is negotiating the final construction contract with the proposed general
contractor, and has spent over $1 million on the project to date.
LOM is requesting an extension of the construction start date due to economic
impact of the Gulf Oil spill on their retail stores along the Gulf Coast. LOM has
submitted a claim to BP that is being processed. The time and effort required to
deal with the oil spill has caused a delay in the commencement of the project.
Branch Banking and Trust Company, the construction lender funding the project,
has orally committed to extend the commencement date to February 28, 2011.
The current commencement date required by the Development Agreement is
September 30, 2010, and the current Completion Date is no later than 24 months
following the Commencement Date. We are recommending extending the
Commencement Date until February 28, 2011 and the Completion Date until
February 28, 2013.
In response to questions, Budget Director Tina Wilson said $9.3 million has been set
aside from the parking fund as a capital project to cover the purchase price. Planning
and Development Director Michael Delk said the traffic impact evaluation determined
the project would not overload nearby streets. The City Attorney said the applicant has
provided staff a letter from the bank extending its commitment of funds until December.
Consensus was to provide no further extensions to the project’s start date beyond
February 2011 and to require the project be completed within 19 months of the start
date.
LOM, Inc. representative Gilud Ovakim said the project will begin prior to February 28,
2011 and be completed within 19 months.
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Councilmember Paul Gibson moved to approve amended Development Agreement
between the City of Clearwater and LOM, Inc. for the Surf Style Condominium Parking
Garage project, amending the Commencement Date to February 28, 2011 and
Completion Date within 19 months of the commencement date. The motion was duly
seconded and carried unanimously.
Resolution 10-26 was presented as amended and read by title only. Vice Mayor John
Doran moved to adopt Resolution 10-26 as amended. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
7.2 Approve the Future Land Use Plan Amendment from the Institutional (I),
Commercial General (CG), Preservation (P), Water/Drainage Feature,
Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the
Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and
Water/Drainage Feature Categories for property located at 3400 Gulf-to-Bay
Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16
East), amend the Future Land Use Plan Map and pass Ordinance 8197-10 on
second reading, authorize the execution of Notification of Local Government
Action on Pinellas Planning Council’s Alternative Recommendation for
Countywide Future Land Use Amendment and adopt Resolution 10-24.
(LUZ2010-06002)
The subject site is comprised of four parcels of land 131.05 acres in area. The
applicant is requesting to amend the Future Land Use Plan Map designation for
the parcels from Institutional (I), Commercial General (CG), Preservation (P),
Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low
(RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space
(R/OS), and Water/Drainage Feature in order to expand the existing college and
to make certain land use designations consistent with the actual characteristics of
the area.
This future land use plan amendment was passed on first reading by City Council
on August 5, 2010. In accordance with the Countywide Plan Rules, as well as
Chapter 163, Florida Statutes, the amendment was transmitted to both the
Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority, as well as the Florida Department of Community
Affairs for review and approval.
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In their review and analysis of the original future land use map amendment
application and development agreement, Pinellas Planning Council (PPC) staff
recommended that portions of the amendment be denied, concluding that portions
of the amendment were inconsistent with the Countywide Plan Rules. On
September 7, 2010, the Planners Advisory Committee voted to recommend
approval of the amendment as submitted by the City by a vote of 6 to 4, counter to
the PPC staff recommendation. On September 9, 2010, City Planning and
Development Department staff and representatives of the applicant, Clearwater
Christian College, met with PPC staff to discuss an alternative compromise
recommendation proposed by PPC staff. After deliberations with Clearwater
Christian College, the Planning and Development Department agreed to bring the
compromise back to City Council for action. PPC staff brought forward this
alternative compromise recommendation to the Pinellas Planning Council at their
hearing on September 15, 2010, where the PPC recommended approval of the
alternative recommendation.
The proposed alternative compromise recommendation reduces the scope of the
amendment request from that which Council passed at first reading. Specifically,
the alternative compromise recommendation reduces the area requested to be
designated Institutional (I) within the area located north of the existing developed
Clearwater Christian College site, and also proposes that lands currently
designated Institutional (I) be designated Preservation (P).
The alternative compromise recommendation results in the following changes to
the total site (131.05 acres):
Amending Institutional (I) to Preservation (P) for the jurisdictional wetland area
and portion of the isolated upland area located north of the existing developed
Clearwater Christian College site (new);
Amending Preservation (P) to Institutional (I) for the area adjacent to the existing
soccer field (reduced);
Amending Preservation (P), Residential Low (RL), Recreation/Open Space
(R/OS) and Water/Drainage Feature Categories to Institutional (I) for the wetlands
and isolated uplands located west of the existing developed Clearwater Christian
College site (unchanged);
Amending Water/Drainage Feature to Preservation (P) and Preservation (P) to
Water/Drainage Feature, as appropriate, for the area east of the existing
developed Clearwater Christian College site (unchanged);
Amending Residential Low (RL) to Recreation/Open Space (R/OS) along
Bayshore Boulevard (unchanged); and
Amending Residential Low (RL) and Institutional (I) to Preservation (P) for the
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remaining isolated areas of Residential Low (RL) and Institutional (I) (unchanged).
The limits set forth in the previously approved Development Agreement
(DVA2010-06001) are as follows:
Limit residential density to 750 dormitory beds (unchanged); and
Limit the nonresidential intensity to 170,000 square feet of classrooms and
administrative facilities (unchanged) with a revised FAR 0.169.
The alternative compromise recommendation requires amendments to the
Development Agreement, including the master plan, which will be brought forward
for consideration at the time of third reading for the future land use plan
amendment.
The State of Florida Department of Community Affairs, Department of
Environmental Protection, Department of Transportation, Department of State,
and Florida Fish and Wildlife Conservation Commission had no objections to the
plan as originally submitted for review.
The Planning and Development Department has determined that the proposed
land use plan amendment is consistent with the following standards specified in
the Community Development Code:
The proposed land use plan amendment is consistent with the Comprehensive
Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
Based on the proposed mitigation plan, the applications will not have a negative
impact on the natural environment.
The proposed amendment will not adversely impact the use of properties in the
immediate area.
The Community Development Board will review the proposed amendment at their
meeting on October 19, 2010 and make a recommendation to the Council. The
Planning and Development Department will report the recommendation at the
October 21, 2010 City Council meeting.
In response to questions, Planner Lauren Matzke said amendments reduce
Institutional acreage to 23.07 and increase Preservation acreage to 85.63.
Planning and Development Director Michael Delk said the City must balance
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the impact of college needs with Comprehensive Plan policies. The City
Council will consider the development agreement on October 21, 2010.
Support was expressed for the request as stormwater runoff at the 50-year
old school will be improved and encroachment into the Preservation area
is reduced. It was noted that agencies in the forefront of environmental issues
did not object to the project and the PPC board supported it by an 11:1 vote.
Attorney Katie Cole, representing Clearwater Christian College, said the
compromise provides the college a mechanism to submit the master site plan,
including a mitigation plan to SWFWMD (Southwest Florida Water
Management District) and U.S. Army Corps of Engineers. The amended
request reduces the impact on wetlands from 7.8 acres to 4.9 acres. The
1997 request with SWFWMD for a conservation easement on the property
was not recorded and does not exist. The campus stormwater system must
be upgraded in conjunction with the development. She said mitigation, as
authorized by permitting agencies, will occur and a conservation easement
will be placed on 100 acres even if a mitigation bank is not approved. She
requested that testimony from the August 5, 2010 City Council meeting be
incorporated into the record of this hearing.
Three individuals spoke in opposition. One individual spoke in support.
Discussion ensued regarding the role of the EAB (Environmental Advisory
Board). It was stated the EAB provides advice regarding environmental
policy and does not make determinations based on land use plans.
In response to questions, Assistant Planning and Development Director Gina
Clayton said she knew of no encroachments into wetlands in Clearwater,
regarding land use plan amendments, during her 11 years with the City.
Clearwater has invested significant funds to improve and increase wetlands
where aquifer recharge occurs. The college has adopted the same hurricane
evacuation provisions required of beach hotels. Environmental Manager Ed
Chesney said the Tampa Bay Estuary Program felt anything done to improve
water quality and circulation in Old Tampa Bay would be a benefit.
Councilmember George N. Cretekos moved to approve the Future Land Use Plan
Amendment from the Institutional (I), Commercial General (CG), Preservation (P),
Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL)
Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS),
and Water/Drainage Feature Categories for property located at 3400 Gulf-to-Bay
Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East),
amend the Future Land Use Plan Map and authorize the execution of Notification of
Council 2010-10-05 6
Local Government Action on Pinellas Planning Council’s Alternative Recommendation
for Countywide Future Land Use Amendment. The motion was duly seconded and
carried unanimously.
Councilmember Paul Gibson moved to amend Ordinance 8197-10 to change the maps.
The motion was duly seconded and carried unanimously.
Ordinance 8197-10 was presented as amended and read by title only. Councilmember
Bill Jonson moved to pass Ordinance 8197-10 as amended on second reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Resolution 10-24 was presented and read by title only. Vice Mayor John Doran moved
to adopt Resolution 10-24. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
8. Quasi-judicial Public Hearings
8.1 Approve the Zoning Atlas Amendment from the Institutional (I), Commercial (C),
Preservation (P), Low Density Residential (LDR), and Open Space/Recreation
(OS/R) Districts to the Institutional (I), Preservation (P), and Open
Space/Recreation (OS/R) Districts for property located at 3400 Gulf-to-Bay
Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16
East), amend the Zoning Atlas and pass Ordinance 8198-10 second reading.
(LUZ2010-06002)
The subject site is comprised of four parcels of land 131.05 acres in area. The
applicant is requesting to amend the Future Land Use Plan Map designation for
the parcels from Institutional (I), Commercial General (CG), Preservation (P),
Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low
(RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space
(R/OS), and Water/Drainage Feature in order to expand the existing college and
to make certain land use designations consistent with the actual characteristics of
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the area.
This future land use plan amendment was passed on first reading by City Council
on August 5, 2010. In accordance with the Countywide Plan Rules, as well as
Chapter 163, Florida Statutes, the amendment was transmitted to both the
Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority, as well as the Florida Department of Community
Affairs for review and approval.
In their review and analysis of the original future land use map amendment
application and development agreement, Pinellas Planning Council (PPC) staff
recommended that portions of the amendment be denied, concluding that portions
of the amendment were inconsistent with the Countywide Plan Rules. On
September 7, 2010, the Planners Advisory Committee voted to recommend
approval of the amendment as submitted by the City by a vote of 6 to 4, counter to
the PPC staff recommendation. On September 9, 2010, City Planning and
Development Department staff and representatives of the applicant, Clearwater
Christian College, met with PPC staff to discuss an alternative compromise
recommendation proposed by PPC staff. After deliberations with Clearwater
Christian College, the Planning and Development Department agreed to bring the
compromise back to City Council for action. PPC staff brought forward this
alternative compromise recommendation to the Pinellas Planning Council at their
hearing on September 15, 2010, where the PPC recommended approval of the
alternative recommendation.
The proposed alternative compromise recommendation reduces the scope of the
amendment request from that which Council passed at first reading. Specifically,
the alternative compromise recommendation reduces the area requested to be
designated Institutional (I) within the area located north of the existing developed
Clearwater Christian College site, and also proposes that lands currently
designated Institutional (I) be designated Preservation (P).
The alternative compromise recommendation results in the following changes to
the total site (131.05 acres):
Amending Institutional (I) to Preservation (P) for the jurisdictional wetland area
and portion of the isolated upland area located north of the existing developed
Clearwater Christian College site (new);
Amending Preservation (P) to Institutional (I) for the area adjacent to the existing
soccer field (reduced);
Amending Preservation (P), Residential Low (RL), Recreation/Open Space
(R/OS) and Water/Drainage Feature Categories to Institutional (I) for the wetlands
and isolated uplands located west of the existing developed Clearwater Christian
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College site (unchanged);
Amending Water/Drainage Feature to Preservation (P) and Preservation (P) to
Water/Drainage Feature, as appropriate, for the area east of the existing
developed Clearwater Christian College site (unchanged);
Amending Residential Low (RL) to Recreation/Open Space (R/OS) along
Bayshore Boulevard (unchanged); and
Amending Residential Low (RL) and Institutional (I) to Preservation (P) for the
remaining isolated areas of Residential Low (RL) and Institutional (I) (unchanged).
The limits set forth in the previously approved Development Agreement
(DVA2010-06001) are as follows:
Limit residential density to 750 dormitory beds (unchanged); and
Limit the nonresidential intensity to 170,000 square feet of classrooms and
administrative facilities (unchanged) with a revised FAR 0.169.
The alternative compromise recommendation requires amendments to the
Development Agreement, including the master plan, which will be brought forward
for consideration at the time of third reading for the future land use plan
amendment.
The State of Florida Department of Community Affairs, Department of
Environmental Protection, Department of Transportation, Department of State,
and Florida Fish and Wildlife Conservation Commission had no objections to the
plan as originally submitted for review.
The Planning and Development Department has determined that the proposed
land use plan amendment is consistent with the following standards specified in
the Community Development Code:
The proposed land use plan amendment is consistent with the Comprehensive
Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
Based on the proposed mitigation plan, the applications will not have a negative
impact on the natural environment.
The proposed amendment will not adversely impact the use of properties in the
Council 2010-10-05 9
immediate area.
The Community Development Board will review the proposed amendment at their
meeting on October 19, 2010 and make a recommendation to the Council. The
Planning and Development Department will report the recommendation at the
October 21, 2010 City Council meeting.
Vice Mayor John Doran moved to accept Lauren Matzke as an expert witness
in the fields of historic preservation, annexations, land development codes
and development code amendments, and comprehensive planning. The
motion was duly seconded and carried unanimously.
Planner Lauren Matzke reviewed the Staff Report.
Applicant representative Katie Cole requested that testimony and evidence
provided for the August 5, 2010 City Council meeting be incorporated into the
record of this hearing. She distributed resumes of applicant representatives
and requested that they be accepted as expert witnesses.
Councilmember Cretekos moved to accept David Gildersleeve, Brad
Hubbard, and Abbey Naylor as expert witnesses in the fields of
comprehensive planning, zoning and land use studies, land development
regulations, waterfront planning and design, development/ redevelopment
studies and plans, state and federal permitting, environmental site
assessments, wetland jurisdictional determinations, habitat mapping,
vegetative and hydrologic monitoring, permit compliance, and mitigation
banking. The motion was duly seconded and carried unanimously.
Ms. Cole said the development will enhance the wetlands and college
mitigation strategies. She said the planned 750 dormitory beds could be built
today with no changes.
Applicant representative Abbey Naylor reviewed her work on a mitigation
bank, which requires improving lost circulation and poor water quality
associated with construction of the causeway. She anticipated SWFWMD
and US Army Corps of Engineers would finalize decisions by late 2011.
Two individuals spoke in opposition. One individual spoke in support.
A letter received via email opposing the project was submitted into record.
Discussion ensued with comments that the request will remove commercial
and residential zoning from the wetlands. It was stated the plan has a
substantial public benefit, as more prosperous and healthy wetlands will
result.
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Councilmember George N. Cretekos moved to approve the Zoning Atlas Amendment
from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential
(LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation
(P), and Open Space/Recreation (OS/R) Districts for property located at 3400 Gulf-to-
Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16
East), amend the Zoning Atlas. The motion was duly seconded and carried
unanimously.
Councilmember Paul Gibson moved to amend Ordinance by substituting the maps. The
motion was duly seconded and carried unanimously.
Ordinance 8198-10 was presented as amended and read by title only. Vice Mayor John
Doran moved to pass Ordinance 8198-10 on second reading as amended. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
The Council recessed from 7:51 p.m. to 8:01 p.m.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8206-10 on second reading, annexing certain real property
whose post office address is 1401 Lemon Street, together with the abutting right-
of-way of Lemon Street and Sunny Park Road, into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
Ordinance 8206-10 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8206-10 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, and Councilmember Bill Jonson.
"Nays": None.
Absent: Councilmember Paul Gibson.
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9.2 Adopt Ordinance 8207-10 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 address is 1401 Lemon Street, together
with the abutting right-of-way of Lemon Street and Sunny Park Road, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8207-10 was presented and read by title only. Vice Mayor John
Doran moved to adopt Ordinance 8207-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, and Councilmember Bill Jonson.
"Nays": None.
Absent: Councilmember Paul Gibson.
9.3 Adopt Ordinance 8208-10 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1401 Lemon
Street, together with the abutting right-of-way of Lemon Street and Sunny Park
Road, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8208-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8208-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, and Councilmember Bill Jonson.
"Nays": None.
Absent: Councilmember Paul Gibson.
9.4 Adopt Ordinance 8211-10 on second reading, making text amendments to various
sections of the Community Development Code, Amending Article 2, Article 3,
Article 7 and Article 8.
Ordinance 8211-10 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8211-10 on second and final reading. The motion was duly
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seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.5 Adopt Ordinance 8214-10 on second reading, amending Chapter 22, Parks,
Beaches, Recreation; Section 22.24, to include reference to Appendix A,
Schedule of Rates, Fees and Charges; correcting a scrivener’s error in Chapter
22 Subsection numbering; amending Appendix A to define permanent residence
for the purposes of application of fees.
Ordinance 8214-10 was presented and read by title only. Vice Mayor John
Doran moved to adopt Ordinance 8214-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.6 Adopt Ordinance 8218-10 on second reading, amending the Operating Budget of
the Fiscal Year ending September 30, 2010 to reflect increases and decreases in
revenues and expenditures for the General Fund, Special Development Fund,
Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste
Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Downtown Boat
Slips Fund, Parking Fund, Harborview Fund, Administrative Services Fund,
General Services Fund, Garage Fund, and Central Insurance Fund.
Ordinance 8218-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8218-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Council 2010-10-05 13
9.7 Adopt Ordinance 8219-10 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2010 to reflect a net increase of
$3,363,951.
Ordinance 8219-10 was presented and read by title only. Councilmember Paul
Gibson moved to adopt Ordinance 8219-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.8 Adopt Ordinance 8221-10 on second reading, conditionally vacating a right-of-way
easement portion described as the East 10 feet of the West 20 feet of Lots 4
through 7 inclusive and the East 10 feet of the West 20 feet of the North 20.7 feet
of Lot 8, all in F.A. Kennedy’s Fair Lane Addition.
Ordinance 8221-10 was presented and read by title only. Vice Mayor John
Doran moved to adopt Ordinance 8221-10 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Establish the intent to reimburse certain Water and Sewer project costs incurred
with proceeds of future tax-exempt financing and adopt Resolution 10-22.
In 2008, a Water and Sewer rate study was completed and resulted in the City
Council approving 7% rate increases in Fiscal Years 2009, 2010 and 2011 and
annual rate increases of 6% per year for Fiscal Years 2012 and 2013. These rate
increases are sufficient to provide for operations, capital projects, and debt
service on bonds.
In 2010, an interim rate study in progress identified a need for approximately
$46.7 million in capital project from Fiscal Year 2011 through Fiscal Year 2012,
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with bonds to be issued in Fiscal Year 2012 of approximately $24,000,000 and in
Fiscal Year 2014 of approximately $20,000,000 to fund a portion of the needed
capital improvements. The Fiscal Year 2012 bond issue is expected to partially
finance the projects.
The date of issuance will be determined at a later date based on market
conditions.
The Water and Sewer fund will be incurring expenses on these projects prior to
the issuance of the bonds.
This reimbursement resolution will allow the City to be reimbursed from the Bond
proceeds.
In response to a question, Controller Keith Bush said the projects have been approved
for this year’s budget. The resolution assures the city will be covered for
reimbursement.
Councilmember George N. Cretekos moved to establish the intent to reimburse certain
Water and Sewer project costs incurred with proceeds of future tax-exempt financing.
The motion was duly seconded and carried unanimously.
Resolution 10-22 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Resolution 10-22. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
10.2 Award a purchase order to CALE Parking System USA, Inc., Tampa, FL, in the
amount of $243,600, for twenty-four (24) Multi-Space Pay and Display parking
meter units, to replace the existing units in the Pier 60 and South Gulfview lots,
install new units in the Rockaway lot and authorize the appropriate officials to
execute same.
The existing units were purchased in 2008 through RFP 38-07 (Model MP-104
XL), thereby eliminating the attendant parking operation on south beach.
Approximately $1million is collected from the Pier 60 and South Gulfview lots
Council 2010-10-05 15
annually. The replacement units have a larger currency stacker, which doubles
the capacity. This will enable the machines to operate over busy or extended
weekends and will eliminate the need for overtime to service the units and less
time spent collecting during normal work hours.
The existing units will be relocated to various beach off-street parking lots
replacing the single space traditional style parking meters.
Rockaway parking lot is a very busy location and currently operates with single
space meters. Replacing these meters with the pay stations will provide the
convenience of various payment options and eliminate the need to collect/service
the meters during busy periods.
There are minimal monthly wireless fees and equipment parts/repair costs.
The vendor has agreed to 2008 pricing (per the original RFP) and includes an
enhanced display with 4 lines of text.
It is impractical to bid a different system as it is more cost effective for the units to
be standardized for parts, service, and operations.
Funding for this purchase is included in the approved 2010/11 Parking Fund CIP
Budget (315-92636).
In response to questions, Parking Manager Tracey Bruch estimated approximately
$10,000 in overtime pay will be saved after installation of the new units. In the original
installation, no meter was more than 75 feet from any point in a parking lot. Ten units
are proposed for the Pier 60 lot due to its harsh environment.
Councilmember Bill Jonson moved to award a purchase order to CALE Parking System
USA, Inc., Tampa, FL, in the amount of $243,600, for twenty-four (24) Multi-Space Pay
and Display parking meter units, to replace the existing units in the Pier 60 and South
Gulfview lots, install new units in the Rockaway lot and authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
10.3 Approve contract with Northeast II, Inc., DBA TC Delivers of Tampa, FL, in the
amount of $470,000 for utility bill printing and mailing and for mail processing
services and postage for the City of Clearwater from November 1, 2010 through
October 31, 2011 and authorize the appropriate officials to execute same.
In 2009, following an RFP (Request for Proposal) process to print, apply postage
and mail utility bills and to pick-up, process and apply postage and mail general
city departmental U.S. mail, the City selected Northeast II, Inc. as the vendor of
choice and awarded a contract for the services. The terms of the contract
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provided for two (2) one-year renewals of the contract at the option of the
parties. This is the first of those renewals.
The terms of the contract provide for:
- Printing, processing (including insertions as required), affixing postage and
mailing of city utility bills
- Vendor provides all bill stock and envelopes (mailing and return)
- Pick-up, processing, affixing postage and mailing of city department mail
Estimated costs are:
Mail and Printing Services - $92,000;
Postage: Utility Bills - $274,000;
Postage: City Departmental Mail - $104,000;
Total: $470,000
Funding is available in Fiscal Year 2011 budget. Mail and Printing Services will be
charged to 0555-09872-530300-519-000-0000 and charged back to the
appropriate departmental cost centers. Postage for City of Clearwater Utility Bills
will be charged to 0555-09884-542500-519-000-0000. Postage for City
Departmental Mail will be charged to 0555-09872-542500-519-000-0000 and
charged back to the appropriate departmental cost centers.
This contract will be monitored and will be reviewed annually. This contract has
one (1) one (1) year extension option remaining with the consent of both parties.
In response to a question, Customer Service and Marketing Director Jim Geary said the
contract has saved utility services up to $59,000 a month, approximately 26% of its
mailing costs.
Vice Mayor John Doran moved to approve contract with Northeast II, Inc., DBA TC
Delivers of Tampa, FL, in the amount of $470,000 for utility bill printing and mailing and
for mail processing services and postage for the City of Clearwater from November 1,
2010 through October 31, 2011 and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Council 2010-10-05 17
10.4 Accept funding totaling $207,660 from Coordinated Child Care and approve the
corresponding agreement for youth and teen programs and authorize the
appropriate officials to execute same.
The City of Clearwater Parks and Recreation Department has been awarded
funding totaling $207,660 for Fiscal Year 2010/2011 from Coordinated Child Care.
Since the program began in 2000, the JWB (Juvenile Welfare Board) Children’s
Services Council of Pinellas County was the contract agency. JWB is granting all
of the youth development, out of school time funding to Coordinated Child Care, a
non-profit and 501 c (3) agency. JWB has consolidated many of these types of
programs under one administrative service agency.
The Clearwater Parks and Recreation Charting a Course for Youth program was
developed to nurture youngsters at Clearwater neighborhoods in which youth
need the most direction. The program leaders have developed a safe haven for
community teens and pre-teens, ages 9-14, at Ross Norton Recreation Complex
and North Greenwood Recreation and Aquatic Complex.
The program is designed to incorporate exercise and nutrition based activities in
an after school and summer camp setting, to encourage healthy lifestyle choices,
improve social skills, increase athletic abilities, and develop leadership skills of the
participants.
There is no requirement to continue the program when the grant ends. Council
approval is required for each year of the agreement.
Councilmember George N. Cretekos moved to accept funding totaling $207,660 from
Coordinated Child Care and approve the corresponding agreement for youth and teen
programs and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
10.5 Award a contract to Khors Construction of Thonotosassa, Florida, Bid 10-0042-
PR, for the sum of $536,127.52 (including alternates 16 and 17 and 10%
contingency) and approve a change order deduction in the amount of $24,369.44
for a net contract amount of $511,758.08 for the renovations of the beach
lifeguard building located south of Pier 60 on Clearwater Beach; approve funds of
$116,285 be transferred from un-appropriated retained earnings of the Parking
Fund to CIP 315-93411 at first quarter and authorize the appropriate officials to
execute same.
On March 31, 2010, the City Council approved establishing a new Capital
Improvement Project entitled “Clearwater Beach Lifeguard Building
Renovations” (CIP 315-93411) for $455,700 to be funded from un-
appropriated retained earnings of the parking fund.
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The scope of the project was to provide renovations to accommodate the
beach lifeguards and their rescue equipment as well as a small area for
parking equipment. The existing building was built over 20 years ago and
has required constant maintenance to repair weathering issues, aesthetics
and plumbing issues.
This contract will provide for renovations of the existing building including,
enhanced storage areas on the ground floor, staff lockers, work areas,
bathroom and showers on the second floor and observation post and
staff/work room on the third floor. The building will increase from
approximately 1,800 sq. ft. to 2,280 sq. ft. and utilize the same building
footprint.
The City was denied a waiver of the ADA (American with Disabilities Act)
requirements to provide access to the second and third floors. In order to
comply with ADA requirements, this contract includes a widen stairwell to
accommodate an automated handicap wheel chair lift. Cost of the lift
(alternate 16), additional wide stairwell as well as other ADA improvements
to the building, added approximately $85,675 to the contract.
In addition, there is a $25,000 allowance (alternate 17) included in the
contract for structural modifications required to raise the existing building
above base flood elevation, from 13.7 feet to 14 feet (or 3 ½ inches). A
waiver of this requirement is being requested at the Board of Adjustment
and Appeal for Building and Flood. If approved, the $25,000 will not be
required.
Due to additional costs, the project now exceeds $500,000 and a public art
fee of $5,610 is required.
The change order deduction is to reduce the contingency from $48,738.87
(10%) to $24,369.43 (5%).
Due to these unforeseen requirements, staff is requesting an additional
$116,285 from un-appropriated retained earnings of the parking fund be
transferred to the project 315-93411 at first quarter to cover the additional
costs of this project.
This project is awaiting approval from the Community Development Board
(CDB) in October for a rear setback reduction from the Coastal
Construction Control Line (CCCL) of approximately 22.9 feet. Denial of
this request will result in the project not moving forward.
Contingent upon the CDB’s approval for a rear setback reduction and
Council’s approval of this item, the contractor will begin work immediately
Council 2010-10-05 19
and be completed prior to Spring Break. During construction, life guards
will work out of a temporary office located in Pier 60 Park and at the
Clearwater Beach Aquatics Center.
In response to questions, Parks and Recreation Director Kevin Dunbar said
improvements should be completed next spring. The State of Florida denied the ADA
waiver request and the decision cannot be appealed. The $25,000 saved by a waiver
approved by the Building/Flood Board of Adjustment and Appeals was moved into the
contingency category. The project will not have a public art component unless all
contingency funds are spent.
It was stated that the State’s decision was based on concerns the Department of
Justice would enforce ADA requirements.
One individual supported the ADA legislation enacted in 1990.
Councilmember Paul Gibson moved to a contract to Khors Construction of
Thonotosassa, Florida, Bid 10-0042-PR, for the sum of $536,127.52 (including
alternates 16 and 17 and 10% contingency) and approve a change order deduction in
the amount of $24,369.44 for a net contract amount of $511,758.08 for the renovations
of the beach lifeguard building located south of Pier 60 on Clearwater Beach; approve
funds of $116,285 be transferred from un-appropriated retained earnings of the Parking
Fund to CIP 315-93411 at first quarter and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
10.6 Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA -
$260,000; Ingram Library Services, Atlanta, GA - $185,000 for the purchase of
library books and other materials for the contract period October 1, 2010 through
September 30, 2011 and authorize appropriate officials to execute same.
Blanket Purchase Orders for Baker and Taylor and Ingram Library Services are
for the acquisition of books and audio visual materials. The purchase orders will
be used for numerous small dollar purchases. Each order will be shopped for
best price and availability.
Councilmember Bill Jonson moved to award contracts (blanket purchase orders) to
Baker and Taylor, Atlanta, GA - $260,000; Ingram Library Services, Atlanta, GA -
$185,000 for the purchase of library books and other materials for the contract period
October 1, 2010 through September 30, 2011 and authorize appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
Council 2010-10-05 20
10.7 Appoint to the unexpired terms currently vacant on the Brownfields Advisory
Board: Joseph DeCicco in the Agency or Government Representative category, to
complete term until May 31, 2012 and Barbara Green in the Resident category, to
complete term until May 31, 2011.
Vice Mayor John Doran moved to appoint to the unexpired terms currently vacant on
the Brownfields Advisory Board: Joseph DeCicco in the Agency or Government
Representative category, to complete term until May 31, 2012 and Barbara Green in the
Resident category, to complete term until May 31, 2011. The motion was duly seconded
and carried unanimously.
10.8 Appoint Patricia Power to the Environmental Advisory Board to fill the unexpired
term currently vacant until September 30, 2012 and reappoint D. Michael Flanery,
as he wishes to be reappointed and there are no other qualified nominees, with
term to expire September 30, 2014.
Councilmember George N. Cretekos moved to appoint Patricia Power to the
Environmental Advisory Board to fill the unexpired term currently vacant until
September 30, 2012 and reappoint D. Michael Flanery, as he wishes to be reappointed
and there are no other qualified nominees, with term to expire September 30, 2014. The
motion was duly seconded and carried unanimously.
11. City Manager Verbal Reports
The City Attorney was directed to draft an ordinance to provide no salary increase for
the City Council in January 2011.
12. Other Council Action
12.1 Homeless Strategies - Councilmember Gibson
Discussion ensued regarding homelessness in Clearwater, funding
challenges, and hurdles faced by the homeless.
Staff was directed to provide information regarding city funds provided
to CHIP (Clearwater Homeless Intervention Project).
Homeless Leadership Network representatives Sarah Snyder and Carlen
Peterson reviewed accomplishments toward implementing the 10-year Plan to
End Homelessness, funding and training sources, and connections with
Health and Human Services and the Veterans Administration through
Council 2010-10-05 21
HEARTH (Homeless Emergency Assistance and Rapid Transition to Housing)
Act.
Staff was directed to work with the Homeless Leadership Network to schedule
a Special Work Session in October or early November.
It was suggested that Dr. Marbut, Haven of Hope, be invited to the Special
Work Session.
13. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events and thanked the
volunteers of Carefest.
14. Adjourn
The meeting was adjourned at 9:11 p.m.
Mayor
City of Clearwater
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City Clerk VVXV
Council 2010-10-05 22