01/11/2011
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
January 11, 2011
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 Karen Vaughan - Administrative Analyst.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Mayor Frank Hibbard called the meeting to order at 9:00 a.m. at City Hall.
1. Presentations - Given.
1.1 Service Awards
Seven service awards were presented to city employees.
2. Financial Services
2.1 Declare list of vehicles and equipment surplus to the needs of the City, authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction,
Tampa, Florida, and authorize the appropriate officials to execute same. (consent)
All vehicles and/or equipment have been replaced as necessary and are no
longer required. Item 7 on the surplus listing, Jeep, will not be replaced.
Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer
of Record.
In response to a question, Purchasing Manager George McKibben said the program
that allowed the city to trade-in motorcycles every year at no cost was terminated by the
vendor.
3. Gas System
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3.1 Approve the Award of Bid 05-11 (Installation of Gas Mains, Service Lines and
House Piping at Various Locations) in the total amount of $1,048,550, approve a
Purchase Order in the amount of $939,050 for the installation of gas mains and
service lines at various locations to Florida Gas and Electric Corporation for the
period February 1, 2011 to January 31, 2012, and authorize the appropriate
officials to execute same. (consent)
Florida Gas and Electric Corporation (FGE), 8011 Land O’Lakes Boulevard Land
O’ Lakes, FL 34638, was one (1) of two (2) bidders on Bid 05-11, with an actual
bid of $1,048,550. Mastec North America, Inc. was the other bidder with an actual
bid of $1,007,800. The reason Mastec is not being recommended for the award of
this bid is due to the following reasons:
Mastec has not supplied an executed Operator Qualification (OQ) plan to
Clearwater Gas System (CGS). We have only seen a generic form of their OQ
plan; therefore, have no means to verify its authenticity. OQ plans and
certification of personnel who work on natural gas lines are required by the U. S.
Department of Transportation Office of Pipeline Safety (OPS).
Mastec does not conduct live tie-ins to CGS’s existing natural gas distribution
system; therefore, CGS must follow up and make the tie-ins. CGS believes that
this added CGS cost exceeds the difference between the FGE and Mastec bids;
hence, making the overall FGE bid actually lower.
Mastec did not provide sufficient documentation to demonstrate that they have a
sufficient random drug testing program their sub-contractors as required by OPS.
CGS already has a contract (Purchase Order) with Mastec for our South area gas
mains and service lines; therefore, awarding the second contract to Mastec would
not provide a backup contractor in case of an emergency or contract interruption.
CGS has concerns over Mastec’s ability/manpower to handle both north and
south gas contracts simultaneously.
Mastec has not demonstrated satisfactory inventory control in recent audits.
FGE has demonstrated satisfactory performance on all of the above items during
their prior contract with CGS.
The total FGE bid of $1,048,550 is being split into two (2) purchase orders. This
one to be approved by City Council in the amount of $939,050 for the Installation
of Gas Mains and Service Lines at Various Locations and another in the amount
of $109,500 for house piping and associated Item for Resale work which will be
approved by the CGS Managing Director, as customers are charged for
Underground House Piping after the outlet side of the gas meter.
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All material will be provided by Clearwater Gas System and issued to FGE.
Funding is available in Pasco New Mains and Service Lines 315-96378 and
Pinellas New Mains and Service Lines 315-96377 to cover both of these purchase
orders.
In response to questions, Gas Operations Manager Brian Langille said only two bids
were submitted. Florida Gas Electric Corporation has been contracting with the city for
three years and has exceeded expectations. Gas System Managing Director Chuck
Warrington said staff will be contacting vendors who expressed an interest in the project
but did not submit a bid. Mastec’s contract expires in September.
Discussion ensued regarding lack of bidders. It was suggested that staff ensure efforts
are made to increase bid responses.
3.2 Approve Supplemental Agreement 5, in the amount of $368,050, and
Supplemental Agreement 6, in the amount of $53,390, with Arcadis U.S., Inc. for
the treatment of contaminated soils located at the Former Manufactured Gas
Plant site and authorize the appropriate officials to execute same. (consent)
Clearwater Gas System (the City) will contract with Arcadis, an environmental
contractor/consultant, who will in turn contract with the University of Waterloo to
conduct a 5-year project to analyze and treat contaminated soils located at the
former manufactured gas plant (MGP) site. The University plans to treat the soils
by injecting Persulfate into the impacted area. This will chemically interact with
the soil and abate any off-site groundwater impacts on the Pinellas County Health
Dept property, located southeast of the MGP site. If the project is successful, the
migration of contaminated soils will stop, and Clearwater will have contained
100% of the impacted soils on Gas Division property. Chemical oxidation is
touted as a very effective method in dealing with Manufactured Gas Plant (MGP)
residuals. This is a proprietary remediation technique, which Bill Pence, outside
Environmental Attorney and Remediation Project Leader, believes is state-of-the-
art and will save the City considerable long term clean up costs. The University
has developed this concept and will use this project as a beta site to prove
remediation technique. Because of this, the University is investing approximately
$848,000 toward the project. CGS cost will be $368,050 (under Supplemental
Agreement 5) which covers all expenses the University of Waterloo will bill to
Arcadis, and subsequently pass through to Clearwater. Supplemental Agreement
6 will cover costs incurred by Arcadis (i.e., drilling services and field oversight) on
tasks 1 and 2 of the project.
Tasks to be performed:
Task 1: Source Area Characterization and Establishment of Baseline Conditions.
Conduct additional source area characterization of, and establish baseline
conditions. Activities shall include the installation and sampling of additional
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monitoring wells, and the collection of additional soil cores.
Task 2: Bench-Scale Experiments. Design and conduct bench-scale experiments,
using soils and groundwater collected from the MGP Site, to establish potential
treatability end-points, stable by-product formation, isotope fractionation, oxidant-
solids interaction, optimal catalyst chemistry, dosing requirements, and biological
impacts, such that the information collected from the bench-scale experiments
can be utilized in designing a Site-specific treatment system.
Task 3: Push-Pull Tests. Design and implement a push-pull test to assess the
ability of the Site-specific treatment system to treat MGP residual within the
surficial aquifer.
Task 4: Diffusion Modeling to Assess Treatability of the Clay Unit. Perform
diffusion scenario modeling to estimate mass-flux, time frames and potential
treatment options to be applied in the likely event that dissolved phase
contaminants that have become bound up in the clay layer back-diffuse from the
clay layer to the surficial aquifer once the contaminant concentrations in the
surficial aquifer have been substantially reduced by the implementation of the
Site-specific treatment system.
Task 5: Design and Installation of Initial Delivery Infrastructure. Design and
implement a pilot-scale experiment, utilizing the information gathered in Tasks 1-
4, to deliver localized treatment to the Site over the course of multiple treatment
events.
Task 6: Treatment and Short-Term Monitoring. Collect samples from selected
monitoring wells to gauge treatment performance and to determine whether any
modifications to the treatment delivery method are warranted, prior to conducting
subsequent delivery events.
Task 7: Long-Term Monitoring. Conduct long-term groundwater monitoring over a
one (1) to two (2) year period (post treatment) in order to capture system rebound
and to establish a new quasi-steady-state condition following treatment; collect
soil cores to evaluate the changes in conditions effected by the Site-specific
treatment system.
The Department of Environmental Protection (DEP) has approved this
remediation proposal, in concept, and ready for Clearwater to start Task 1 in late
January/early February 2011. CGS has these funds budgeted in CIP 315-96358,
from Insurance Proceeds and other rate recovery funds.
4. Marine and Aviation
4.1 Approve amendment to lease agreement with Matt Loder, owner of Clearwater
Beach Seafood, Inc., d/b/a Crabby Bills, adding four years to the term of the
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agreement in exchange for upgrades and modifications to the premises, with
substantial completion of such upgrades and modifications by August 1, 2011
and a certificate of occupancy issued or a final inspection conducted (whichever is
applicable) no later than one year from the execution date of this amendment;
otherwise, the extension will be void; and authorize the appropriate officials to
execute same. (consent)
Council directed staff to negotiate a 4-year extension for Crabby Bill’s Restaurant
at the August 5, 2010 council meeting. The current lease would expire
September 30, 2011. The new term will extend through September 30, 2015.
In exchange for the extension, Matt Loder has agreed to the following
improvements/modifications/remodeling:
Roof Repair - including replacing existing roof surface; replacing bad wood as
necessary; and resurfacing at a $30,000.00 estimated expense.
ADA Improvement - including but not limited to repairing the elevator and
enlarging the restroom facilities for greater access at $50,000.00 estimated
expense.
Plumbing Upgrades - including the addition of a larger (grey water) grease
interceptor at a $30,000.00 estimated expense.
Electrical Upgrade - upgrading the out-dated electrical infrastructure of the
Premises to obtain more efficient service at a $30,000.00 estimated expense.
General Premises Upgrade - including the painting and updating of the façade of
the Premises at a $50,000.00 estimated expense. All modifications and upgrades
must be substantially completed by August 1, 2011 and a certificate of occupancy
issued or a final inspection conducted (whichever is applicable) no later than one
year from the execution date of this amendment, or the extension will be void.
In response to a question, Marine and Aviation Director Bill Morris said the lease
agreement provides approximately $10,000 in rent to the city.
4.2 Authorize establishing Capital Improvement Project 315-94854, Multi Plane
Hangars, to construct new multi plane hangar(s) at the Clearwater Airpark.
(consent)
The City Council authorized the execution of a Joint Participation Agreement
(JPA) between the City of Clearwater and the State of Florida Department of
Transportation (FDOT) to construct a new multi plane hangar at the Clearwater
Airpark and authorize an interfund loan from the Central Insurance Fund to the
Airpark in the amount of $101,357 to be paid back over 5 years at the cash pool
earnings rate adopted by Resolution 08-03 at the April 3, 2008 council meeting. A
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supplemental agreement to change the term "hangar" to "hangars" was approved
on September 17, 2009. FDOT had agreed to provide 80% reimbursable funding
to construct a new 9,600 square foot multi plane hangar at the Clearwater Airpark.
It was expected to generate approximately $32,400 per year back to the city in
rental revenue. The project was estimated to cost $506,788. FDOT was to
reimburse the city $405,431. The Airpark Fund would borrow $101,357 from the
Central Insurance Fund and pay back the loan during Fiscal Year 2008-Fiscal
Year 2012 (5 years) with the first partial year being interest only (until construction
was complete and the project began generating additional revenues). Interest is at
the cash pool rate of approximately 3%. First quarter budget amendments will
establish the project budget of $506,788 representing the grant funding of
$405,431 from FDOT and the transfer of $101,357 from the Airpark operating
fund, representing the loan from the Central Insurance Fund, to capital
improvement project 315-94854, Multi-Plane Hangars.
5. Parks and Recreation
5.1 Approve a memorandum of agreement between the Pinellas County Health
Department (PCHD) and City of Clearwater, from February 1, 2011 to June 30,
2011, to provide funding and staff for various health department initiatives
sponsored by a federal grant entitled Communities Putting Prevention To Work
(CPPW); establish a new Special Program (181-99869) entitled Prevention and
Public Heath PCHD, for an amount not to exceed $35,185 for the period of this
agreement; approve the addition of one full-time specialist position to be funded
by PCHD; authorize the City Manager or his designee to extend the agreement for
an additional 15 months from July 1, 2011 to September 29, 2012; and authorize
the appropriate officials to execute same. (consent)
The PCHD received a two -year federal grant totaling $4.85 million dollars to
spend on local anti-obesity programs focusing on policy changes to promote
physical activity and improved nutrition.
The PCHD desires to use some of the grant funds to establish four full-time
positions to be located throughout Pinellas County with one being in the City of
Clearwater.
Approval of this agreement will allow PCHD to establish a program and position in
Clearwater. The City will be responsible for hiring and supervising the position,
which will be stationed at the Long Center. All costs associated with this program
will be covered by PCHD.
The person hired for this program will work with all city departments to develop
and implement wellness policies and environmental changes in the work place
and community.
This agreement covers the period of February 1, 2011 to June 30, 2011 and staff
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is requesting authority to approve an identical agreement for period July 1, 2011
to September 29, 2012.
At the end of the program, the position will be eliminated. It is anticipated that the
City will have some well-defined policies and programs in place that will be self-
sustaining and focused on continued workplace and community wellness.
In response to questions, Parks and Recreation Director Kevin Dunbar said the entry-
level position will be eliminated at the end of the program but may be transferred to
another position if available. The program will provide guidance regarding wellness
initiatives. Employees will be able to participate in the program.
6. Police
6.1 Re-appoint C. William Renfroe to the Board of Trustees, Clearwater Police
Supplementary Pension Fund, with a term expiring February 1, 2013. (consent)
In keeping with the provisions of Florida Statute 185.05, which states in part..."the
board of trustees shall consist of five members, two of whom, unless otherwise
prohibited by law, shall be legal residents of the municipality, who shall be
appointed by the legislative body of the municipality..."
At the December 10, 2010 Board of Trustees meeting, C.W. "Bill" Renfroe agreed
to serve another two-year term as Trustee, from February 1, 2011 through
February 1, 2013. Mr. Renfroe is a Clearwater police officer with over 11 years
experience.
7. Solid Waste/General Support Services
7.1 Award a contract (Purchase Order) to Rush Truck Center of Tampa, FL for one
Peterbilt Model 320 with Labrie 29 Yard Automated Side Loader and Compressed
Natural Gas Engine, in the amount of $259,112.00, in accordance with Sec.
2.56(1)(d), Code of Ordinances - Other governmental bid; authorize lease
purchase under the city’s Master Lease Purchase Agreement and authorize the
appropriate officials to execute same. (consent)
The Peterbilt Labrie automated side loader will be purchased through the Florida
Sheriff’s Association and Florida Association of Counties Contract 10-18-0907.
This truck will replace G2418, a 2001 Peterbilt side loader, included in the Garage
CIP Replacement List for Budget Year 2010/2011.
This truck will be the first Compressed Natural Gas powered vehicle in the Solid
Waste fleet.
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In response to a question, Solid Waste/General Services Assistant Director Rick
Carnley said the mileage for the replacement vehicle is approximately 85,000.
8. Public Utilities
8.1 Approve Consent Order Agreement (OGC File 10-2683) with the Florida
Department of Environmental Protection (FDEP) with a maximum settlement fee
of $42,940, for the Marshall Street Advanced Wastewater Treatment Facility
(AWWTF), and authorize the appropriate officials to execute the same. (consent)
Clearwater operates the Marshall Street AWWTF under FDEP Permit FL0021857
issued on October 13, 2006. The permit constitutes authorization to discharge
treated wastewater effluent to waters of the State under the National Pollution
Discharge Elimination System.
The permit conditions dictate the quality and quantity of water to be discharged.
Conditions of the permit require that the effluent be disinfected prior to discharge
to either the reclaimed water system or surface waters. However, another
condition of the permit sets the maximum allowable limits for two disinfection by-
products (DBPs), Dichlorobromomethane and Dibromochloromethane, to be
discharged to the surface water system.
The Marshall Street AWWTF has been in compliance with all permit conditions
from the date of issuance (2006) until September 2009. Beginning in September
2009, the annual average allowable limit of DBPs exceeded the permit limit. The
exceedance of DBP limits continued from September 2009 through July 2010,
despite the best efforts of City Utilities staff to modify the process to bring the
facility back into compliance. Since August 2010, the plant has maintained DBP
annual average concentrations at or below permitted levels.
The Marshall Street AWWTF was actively undertaking a major
rehabilitation/construction project, which involved replacement of the entire
aeration system, from July 2009 through July 2010 that may have contributed to
variations in the plant effluent quality. Additionally, staff has documented
intermittent high levels of DBP precursors in the influent wastewater during this
period.
After multiple in-house attempts to adjust the wastewater treatment process to
lower DBPs in the effluent from September 2009 to February 2010, FDEP was
contacted to inform them of our investigations as to the cause of the high DBPs
and plans to seek further correction of the situation. Jones Edmunds, an Engineer
of Record (EOR) for the City, was also contracted in February to provide an
outside review and recommend corrective action to prevent future exceedances.
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FDEP was provided a technical memorandum on Clearwater investigations and
efforts to remediate the elevated levels of DBP in June 2010. City staff/EOR team
held a teleconference with FDEP staff in July 2010 at FDEP request. The City
team offered a plan of investigations and identifications of all incoming sources of
DBP precursors and additional actions to reduce the creation of DBP during the
wastewater treatment process. FDEP compliance staff concurred with this
approach and the request for an extension of time to complete the plan.
In October 2010, the FDEP issued a draft consent order that provides higher
interim limits as a condition of a consent order for the two DBPs discharged to
surface waters during the remediation of any necessary processes. Staff has met
with FDEP to clarify the consent order and reduce the penalty to correct
regulatory requirements.
Under this order, the plant must be in compliance with permit limits on or before
December 31, 2013.
9. Engineering
9.1 Award a contract to R. Cobb Construction Company, Inc., of Clearwater, FL, in
the amount of $119,083.14, which is the lowest responsive bid in accordance with
the plans and specifications, for the construction of the 2401 Drew Street Storm
Drainage Improvements Project; and authorize the appropriate officials to execute
same. (consent)
Based on video inspections and maintenance reports provided by Public Services,
the Engineering Department has determined that it will be necessary to replace
the existing 48-inch corrugated metal pipe located within the drainage easement
at 2401 Drew Street. The existing pipes are deteriorated and at the end of their
life cycle.
The construction will consist of approximately 580 LF of 48-inch reinforced
concrete pipe, one junction box, and two ditch bottom inlets within the drainage
easement located at 2401 Drew Street.
This pipe system is within the Alligator Creek drainage basin and provides
stormwater utility service to approximately 90 acres south of Drew Street and west
of Old Coachman Road including Gulf to Bay Acres, Gulf to Bay Estates,
Eastwood Terrace, and Saint Petersburg College.
Sufficient budget and revenue is available in Capital Improvement Program
project 0315-96124, Storm Pipe System Improvements to fund the replacement.
In response to questions, Engineering Manager Elliot Shoberg said the pipe has a 50-
year life span. There will be no impact to traffic as improvements are located in the
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grass area.
9.2 Award a contract to Clark Hunt Construction of Clearwater, FL, in the amount of
$147,096.15, which is the lowest responsive bid, for removal and replacement of
approximately 185 linear feet of 54-inch reinforced concrete pipe, proposed
headwalls and 208 linear feet of 8-inch sanitary sewer, and authorize the
appropriate officials to execute same. (consent)
The City of Clearwater Engineering Department has determined that the existing
storm pipe and sanitary sewer pipes are deteriorated and near the end of their life
cycle.
The City has been making temporary repairs to this pipe while acquiring the
required easement at 614 South Missouri Avenue and Florida Department of
Transportation drainage permits.
All permits and easements have been acquired and the City is ready to have
Clark Hunt Construction rebuild the storm and sanitary sewers.
Sufficient budget and revenue is available in Capital Improvement Program
project 0315-96124, Storm System Improvements in the amount of $130,761.94
and 2009 Water and Sewer Bond Proceeds from 0376-96665, Sanitary Sewer R
and R in the amount of $16,334.21 for total funding in the amount of $147,096.15.
In response to questions, Engineering Manager Elliot Shoberg said the replacement
pipe has a minimum 50-year life span. The city inspects pipes annually, including pipes
installed prior to 1960 that were not in the city's right-of-way. Engineering Director Mike
Quillen said the city received nine bids on the project.
9.3 Award a contract for Lift Stations 26 and 74 Rehabilitation Project (08-0050-UT) to
TLC Diversified, Incorporated of Palmetto, Florida in the amount of $414,942.00,
which is the lowest responsive bid received in accordance with plans and
specifications, and authorize the appropriate officials to execute same. (consent)
Based on evaluations of the City’s sewer system, Lift Stations 26 and 74 ranked
high priority for upgrade as part of the overall rehabilitation of the City’s
wastewater collection system. This construction includes the improvements to Lift
Stations 26 and 74 rehabilitating the existing structure and replacing the existing
equipment, which is in need of repair due to age and wear.
Lift Station 26 is located at 1060 Calumet Street (at Apache Trail).
Lift Station 74 is located on Airport Drive 165LF east of Keene Road.
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Lift Stations 26 and 74 are aging duplex submersible lift stations. The proposed
improvements at Lift Stations 26 and 74 provides for the removal of the existing
pumps, piping and controls, rehabilitation of the existing structure, and the
installation of a new fiberglass wet well, precast valve vault, submersible pumps,
telemetry controls and the necessary electrical and instrumentation to complete
the project.
Advanced Engineering and Design, Inc., the engineering design consultant for this
project and an Engineer-of-Record for the City of Clearwater, was responsible for
the design of the improvements. Six bids were received and TLC Diversified was
the lowest in the amount of $414,942.00 for the project. After comparing the bids,
Advanced Engineering and Design, Inc. has provided a recommendation to award
the construction of the project to TLC Diversified and City staff concurs.
The City of Clearwater’s Public Utilities Department Wastewater Collection
Division is responsible for owning, operating and maintaining the wastewater
collection system including all gravity pipelines and manholes that convey the raw
sewage to the lift stations and or City’s wastewater treatment facilities.
Sufficient 09 Water and Sewer Bond proceeds are available in 0376-96686-
563800-535-000-0000 in the amount of $414,942.00 to fund this contract.
9.4 Award a contract for the East Plant Anoxic Tank Rehabilitation Project (09-0007-
UT) to TLC Diversified of Palmetto, FL, in the amount of $1,210,727.10 for the
base bid and the bid alternate of $50,820.00 for a total contract value in the
amount of $1,261,547.10, which is the lowest responsive bid received in
accordance with plans and specifications, and authorize the appropriate officials
to execute same. (consent)
Staff pulled item.
9.5 Approve a Highway Landscape Reimbursement and Maintenance Memorandum
of Agreement for Multiyear Citywide Rehabilitation with the Florida Department of
Transportation, District Seven, for aesthetic improvements to portions of various
State Roads within the city limits of Clearwater, adopt Resolution 10-29 and
authorize the appropriate officials to execute same.
The City of Clearwater desires to improve, beautify and rehabilitate portions of
various right-of-way areas of the following State Roads, within the City of
Clearwater:
SR 651, Court Street Median SR 595, North Fort Harrison Avenue SR 60, Gulf
to Bay Boulevard/Courtney Campbell Causeway SR 60, Pierce Boulevard SR
60, Court Street Triangle SR 55, US 19 and SR 60 SR 55, US 19 and Drew
Street SR 60, Memorial Causeway
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The above referenced areas have been landscaped and maintained by the City
under previously approved Agreements with FDOT (Florida Department of
Transportation).
Under FP 429468-2-58-0, FDOT has allocated funds for fiscal years 2011 through
2014 for such improvements. FDOT is authorized pursuant to Section 334.0444,
Florida Statues, to reimburse the City for eligible expenditures. The maximum
reimbursement for landscape of the referenced projects will be $100,000.00 per
year based on availability of funding.
Upon installation of said improvements, the City will agree to maintain those
improvements in accordance with the provisions of the Agreement. The
revitalization and landscape enhancements in these highly visible roadways will
leave a positive impression on visitors and residents alike.
Parks and Recreation has reviewed this agreement and determined that no
additional maintenance costs will be incurred as they already maintain these
areas and the new plant materials will have low maintenance requirements.
In response to questions, Engineering Director Mike Quillen said staff would not pursue
work if FDOT cannot pay for project components. Projects were based on locations
with current DOT agreements, not new locations that would increase maintenance
responsibilities. If FDOT funding were suspended, landscape maintenance would be
taken on by city staff.
In response to a suggestion, the City Manager said median sponsorship programs are
labor intensive and staff will not pursue suggestion unless directed by Council. The
Missouri Avenue median upgrades were recommended in the past but Council did not
support upgrading those medians.
Staff was directed to draft a letter to the Clearwater Chamber of Commerce regarding
gauging member interest in an Adopt-a-Median program.
9.6 Ratify and Confirm Change Order 6 and Final to Caladesi Construction Company
of Largo, FL, for the Lake Bellevue Branch 6A Stormwater Management Project
(03-0030-EN) in the amount of $128,153.16 and add 107 days to the contract.
(consent)
In April 2009, City Council awarded a construction contract to Caladesi
Construction Company of Largo, FL, for the Lake Bellevue Branch 6A Stormwater
Management Project (03-0030-EN) in the amount of $1,662,525.45.
Through the course of the project, $97,194.56 was added to the contract amount
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for the replacement of deteriorated water mains, storm pipelines and sanitary
sewer and associated road reconstruction.
Change Order 6 requires Council approval due to a time extension (107 days)
exceeding 60 days and includes additional excavation of the lake and work on
Lakeview Road due to unforeseen conditions in the amount $128,153.16 for a
new contract value of $1,887,873.17.
Sufficient budget and revenue are available in Capital Improvement Program
project 0315-92273, Streets and Sidewalks in the amount of $16,249.32, 09
Water and Sewer Bond Proceeds from 0376-96742, Line Relocation - Capital in
the amount of $15,271.95 and return $199.75 to 0376-96634, Sanitary Utility
Relocation.
A first quarter budget amendment will transfer $96,831.64 of Stormwater Utility
Revenue from 0315-96124, Storm Pipe System Improvement to 0315-96152,
Lake Bellevue Stormwater Improvements to fund the change order.
10. Planning
10.1 Approve a Development Agreement between Sea Captain, a Florida General
Partnership (the property owner) and the City of Clearwater, providing for the
allocation of 53 units from the Hotel Density Reserve established in Beach by
Design, adopt Resolution 11-01, and authorize the appropriate officials to execute
same.
The total 0.829-acre parcel is located on the north side of Devon Drive,
approximately 150 feet east of Coronado Drive. The majority of the subject
property (0.659 acre) is zoned Tourist (T) District, but the eastern portion (0.17
acre) of the subject property north of the adjacent detached dwelling at 94 Devon
Drive is zoned Low Medium Density Residential (LMDR) District and is not part of
Beach by Design.
The subject site has approximately 175 feet of frontage along Devon Drive. The
subject property is currently developed with a 27-room motel.
The proposal is for an overnight accommodation use (hotel) of a total of 85 rooms
(128.98 rooms/acre on the acreage zoned Tourist (T) District, including the
allocation of 53 units from the Hotel Density Reserve), approximately 7,986
square feet of accessory uses to the hotel and a height of 75.25 feet (to top of roof
deck).
The proposed hotel and its accessory uses are located solely within the area
zoned Tourist (T) District (only the retention area is located with the area zoned
Low Medium Density Residential [LMDR] District) and the calculations for density
and impervious surface ratio are based upon only the land area zoned Tourist (T)
District.
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On December 21, 2010, the Community Development Board (CDB) approved with
18 conditions of approval a Flexible Development application for the construction
of an 85-room hotel with associated amenities (FLD2010-08004).
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 53 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 December 21, 2010, and unanimously
recommended approval of the application (DVA2010-08001).
In response to questions, Planning Manager Robert Tefft said there are more than
80,000 sq.ft. in improvements. The accessory use will be limited to continental
breakfast and tea. There is no restaurant or bar facility planned inside or outside the
facility. Mr. Tefft said the proposed development includes an on-site parking garage
with 93 spaces. The applicant requested a reduction in required parking spaces based
on the clientele, number of employees and anticipated peak demand.
Planning and Development Director Michael Delk said 120 rooms is an industry
standard used in Beach by Design for mid-priced medium sized-hotels. The City’s
objective has been to attract medium sized/mid-priced hotels as an alternative to resort
hotels. Mr. Delk said there is an increasing disincentive, the larger the project the fewer
density reserve units allowed. The applicant may hire a band to play near the pool.
Engineering Assistant Director Scott Rice said one of the engineering conditions of
approval includes the sidewalk be 7 feet wide, to be compatible with the adjacent
property. Although the site plan shows a 5 foot-wide sidewalk, the building permit will
address the engineering condition.
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Staff was directed to provide information regarding the transportation analysis, FLD
(flexible land development) conditions and copies of the conceptual drawings and
development agreement.
In response to questions, Mr. Tefft said the front south setback is 6.2 feet to the building
and 8.5 feet to the pavement; west side setback is 5 feet to the building and zero feet to
the sidewalk; east setback is 60 feet to property line; and rear setback is 18.5 feet to the
building and zero feet to the patio deck. The sidewalk is located in the public right-of-
way. The maximum height permitted is 100 feet.
The City Attorney said the development agreement controls the development period
and includes other conditions. Typically, development agreements are for ten years but
can be less. Assistant City Attorney Leslie Dougall Sides said code provisions
require development to commence within four years with extensions; if not, the reserve
units are returned to the hotel density pool.
The Council recessed from 10:42 a.m. to 10:49 a.m.
11. Official Records and Legislative Services
11.1 Appoint one member to the Library Advisory Board to fill the remainder of
unexpired term until February 28, 2013.
Staff was directed to provide information whether any current board members hold a
Master's designation.
11.2 Appoint one member to the Marine Advisory Board with term to expire March 31,
2015.
Consensus was to reappoint Tim Trager.
11.3 Provide direction to and appoint the Charter Review Committee.
The City Charter requires a Charter Review Committee be appointed at least
every five years, appointments to be made in January preceding an election. The
Charter also requires there be at least 10 members, all of whom must be
Clearwater residents.
At the time of appointment, the Council provides direction to the Committee
regarding items the Council would like the committee to consider.
Consensus was to appoint thirteen members; each councilmember appointing two
Work Session 2011-01-11 15
members with remaining members appointed by collegial group. Further discussion
deferred to Thursday’s meeting.
12. Legal
12.1 Approve a settlement agreement settling the case of Pierce 100, Inc., et al. v. City
of Clearwater, Case 07-013950-CI-15. (consent)
This matter was mediated, per court order, on December 7, 2010. All parties
participated in the mediation, either in person or by counsel. A proposed
settlement agreement was reached, subject to approval by the City Council, that
includes the following terms:
1. Plaintiffs’ will deliver to the City a release of all claims executed by Pierce
100, Inc., and file a stipulated motion for dismissal with prejudice of all claims and
an agreed on order dismissing all claims with prejudice.
2. Following entry of the order, the City of Clearwater will pay Plaintiffs the total
sum of $110,000.00 in full settlement of all claims for compensation, inclusive of
all attorneys’ fees, expert fees, and costs of any kind, within thirty (30) days of
approval by City Council.
A first quarter budget amendment will allocate $110,000.00 from General Fund
retained earnings to provide for the settlement costs under this agreement.
General Fund retained earnings are approximately $16.3 million, or 14.6% of the
2010/11 adopted budget.
12.2 Adopt Ordinance 8225-10 on second reading, vacating the entire alley lying within
Block 1 of E.P. Merit’s Addition.
12.3 Adopt Ordinance 8226-11 on second reading, amending Chapter 22, Code of
Ordinances, to allow for the sale, consumption or possession of alcoholic
beverages on park property when permitted pursuant to an alcoholic beverage
special events permit; in the downtown Cleveland Street area, and the possession
and consumption of alcoholic beverages, but not the sale, in other limited special
event areas.
12.4 Adopt Ordinance 8228-10 on second reading, annexing certain real property
whose post office address is 1605 Sherwood Street into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
12.5 Adopt Ordinance 8229-10 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use designation
Work Session 2011-01-11 16
for certain real property whose post office address is 1605 Sherwood Street, upon
annexation into the City of Clearwater, as Residential Urban (RU).
12.6 Adopt Ordinance 8230-10 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1605 Sherwood
Street, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
13. City Manager Verbal Reports
13.1 Provide direction regarding the Clearwater Marine Aquarium (CMA) request to
subordinate the City’s reverter interest in a portion of the CMA property to $8.6
million bond financing and modify the existing reverter provision to reflect same.
The Clearwater Marine Aquarium (CMA) submitted a letter to the city manager
requesting Council approval of a subordination agreement in favor of BB&T as
mortgage lender to CMA. The letter and exhibits are attached.
At the October 21, 2010 Council meeting the CMA requested modification to the
city reverter, which would allow the CMA to mortgage the portion of the property
on which the city has a reverter in an amount not to exceed $1,500,000. Council
approved that request. Subsequently, as a result of negotiations between CMA
and BB&T, BB&T is requesting that the city agree to subordinate its reverter
interest to up to $8.6 million dollar loan. The subordination agreement is not yet
drafted and would be subject to negotiation. If Council approves the concept, the
Agreement and an amendment to the reverter would be brought back to Council
for approval.
The subordination Agreement would provide, among other things that:
The City Council approve the subordination of its reverter rights applicable to
Parcel 1 to BB&T 8217's mortgage of $8,600,000.
In return for the City’s subordination, BB&T will provide the City with the right of
first refusal to acquire its first mortgage position and/or title, if applicable, to
Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying
off the existing indebtedness in the event of the Aquarium’s default or demise.
In addition, the subordination agreement will include provisions preventing
additional loans secured by these parcels and will include prohibitions on the
replenishment of the debt as the outstanding balance is paid down, absent City
approval. (The $8,600,000 loan is at a 1.79% interest rate, twenty-year
amortization, with a ten-year balloon).
The City will have no obligation to purchase the mortgage, nor is the City
guaranteeing any debt.
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Should the Aquarium fail and/or default on the outstanding indebtedness, and
BB&T pursues its mortgage rights, the City would have the option to either obtain
control of the entire CMA campus (all Parcels) in return for payment of the then
existing debt balance, or waive this option, with BB&T then able to proceed with
foreclosure on the Parcels.
It is important to note that the project as contemplated by CMA has not yet been
through the development review process. They contemplate submitting an
application by the February 1 deadline for the community development Board
meeting in April.
In response to a question, the City Attorney said if the city does not purchase the note,
the property would undergo foreclosure; the bank would take control of the property and
sell for commercial use. The city was required by the State of Florida to
obtain a reverter in order to deed the property to CMA.
14. Council Discussion Items
14.1 Discuss request to pay for Island Estates undergrounding of utilities with Penny
for Pinellas sales tax funding.
The City has received several requests from the Island Estates Civic Association
(IECA) for Penny for Pinellas sales tax funding for the undergrounding of Island
Estates utilities.
Requests received in January 2009 and March 2010 from IECA and City
responses under the Mayor’s signature are available.
Also available is a project history for the Island Estates utility undergrounding
project.
In response to questions, Assistant City Manager Jill Silverboard said Progress Energy
does not consider undergrounding utilities essential but an aesthetic improvement.
Staff was directed to contact Progress Energy regarding a presentation before Council.
14.2 Improvements at the intersection of McMullen Booth Rd. and Drew St. -
Councilmember Gibson
Pinellas County Public Works and Transportation Director Peter Yauch said the
intersection improvements at McMullen-Booth Road and Drew Street are to provide
congestion relief. The feasibility study for the Bayside Bridge, prepared in 1985,
estimated approximately 35,500 vehicles per day in 2005; in actuality, the Bayside
Work Session 2011-01-11 18
Bridge carried about 74,350 vehicles per day that year. During the morning peak,
southbound traffic is queued back past the entrance to Ruth Eckerd Hall to State Road
590. During the evening peak, northbound traffic is backed up over the Bayside Bridge
toward Roosevelt Boulevard.
Components of the proposed improvements include:
* The addition of a southbound to westbound right turn lane.
* The addition of an eastbound lane and reconfiguring the lane to provide a triple left
turn eastbound to northbound.
* The addition of a northbound to westbound left turn lane, to provide dual turning lanes
and the extension of those lanes
* The elimination of the westbound left turn movements, restricting the westbound
movement to right turn only. This also includes the elimination of one of two crosswalks
crossing McMullen-Booth Road at this location.
In response to questions, Mr. Yauch reviewed roadway capacity and said reducing the
cycle of lights moves more traffic volume. The east-west movement has three left
turning lanes and requires an arrow for safety purposes. It takes 8% of the signal cycle
to accommodate only 2% of the westbound traffic moving through the intersection. The
initial study conducted in 2005 was approved by the city's Public Works Administrator.
Pinellas County Traffic Engineering Division Manager Thomas Washburn said the
county has noticed the homeowners on Drew Street.
Staff was directed to contact Tom Nocera.
14.3 Pinellas Safe Harbor
Police Deputy Chief Sandra Wilson said the County is requesting $50,000 from
Clearwater for the Pinellas Safe Harbor Homeless Shelter.
Discussion ensued regarding purpose of facility. It was suggested that the funding
contribution be for one year.
Staff was directed to confirm if forfeiture funds could be used.
14.4 Renaming of Boat Slips
Marine and Aviation Director Bill Morris said the Marine Advisory Board recommended
the following names: Clearwater Downtown Boatslips, Clearwater Downtown Marina,
Clearwater Harbor Marina, Clearwater Docks on the Bay, or Clearwater Memorial
Marina.
There was consensus to defer discussion to Thursday.
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15. Closing Comments by Mayor – None.
16. Adjourn
The meeting was adjourned at 12:28 p.m.
Work Session 2011-01-11 20