06/14/2011 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 14,
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
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 - Pastor Dan Huntington of Pathways Community Church
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given.
4.1 Clearwater Civitan Club Civic Award to Officer Sergio Fidelis
4.2 World Refugee Day Proclamation — June 18, 2011
4.3 St. Petersburg College Bachelor of Science in Public Policy and Administration -
Jeffery Kronschnabl, Instructor
4.4 Let's Move! Proclamation
5. Approval of Minutes
5.1 Approve the minutes of the June 2, 2011 City Council Meeting as submitted in
written summation by the City Clerk.
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Councilmember Bill Jonson moved to approve the minutes of the June 2, 2011 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Ron Patella — opposed paying the reclaimed water availability charge; supported
extension of the gas line to his home.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU) and Initial Zoning Atlas Designation of Medium Density Residential (MDR)
District for 345 and 347 Elizabeth Avenue (consisting of North 45 feet of South
510 feet of East 120 feet of West 980 of Southwest of Northeast less 30 feet
road on East in section 17, Township 29 South, Range 16 East); and pass
Ordinances 8261-11, 8262-1 land 8263-11 on first reading. (ANX2011-04002)
This voluntary annexation petition involves a 0.125-acre property consisting of
one parcel of land occupied by an attached dwelling (duplex). It is located on the
east side of Elizabeth Avenue approximately 405 feet north of Gulf-to-Bay
Boulevard. The applicant is requesting this annexation in order to receive sanitary
sewer and solid waste service from the City. The Planning and Development
Department is requesting that the 0.032-acres of abutting Elizabeth Avenue right-
of-way not currently within the city limits also be annexed. The property is
contiguous to existing city boundaries to the north, south, east and west. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Urban (RU) and a zoning category of Medium Density Residential
(MDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary
sewer line is located in the adjacent Elizabeth Avenue right-of-way. The applicant
has paid the City's sewer impact and assessment fees and is aware of the
additional costs to extend city sewer service to this property. Collection of solid
waste will be provided by the City of Clearwater. The property is located within
Police District III and service will be administered through the district headquarters
located at 2851 N. McMullen Booth Road. Fire and emergency medical services
will be provided to this property by Station 49 located at 565 Sky Harbor Drive.
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The City has adequate capacity to serve this property with sanitary sewer, solid
waste, police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objectives
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning district to
be assigned to the property is the Medium Density Residential (MDR) District. The
use of the subject property is consistent with the uses allowed in the District;
however, it is nonconforming with regard to density and minimum lot dimension
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City's Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing city boundaries to
the north, south, east and west; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
Councilmember John Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Medium
Density Residential (MDR) District for 345 and 347 Elizabeth Avenue (consisting of
North 45 feet of South 510 feet of East 120 feet of West 980 of Southwest of Northeast
less 30 feet road on East in section 17, Township 29 South, Range 16 East). The
motion was duly seconded and carried unanimously.
Ordinance 8261-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8261-11 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
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"Nays": None.
Ordinance 8262-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8262-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
Ordinance 8263-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8263-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
City Manager Reports
8. Other Items on City Manager Reports
8.1 Amend the City's fiscal year 2010/11 Operating and Capital Improvement
Budgets at mid-year and pass Ordinances 8265-11 and 8267-11 on first reading.
The fiscal year 2010/2011 Operating and Capital Improvement Budgets were
adopted in September 2010 by Ordinances 8216-10 and 8217-10. Section 2.521
of the City's Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects. The memorandum and the accompanying report provide this information
and outline the issues at mid-year that require amendment.
Budget Director Tina Wilson said the mid-year budget review is based on activity during
October 2010 through March 2011. General Fund revenues and expenditure
amendments reflect a net increase of$1,094,626, primarily a result of net appropriation
for the Clearwater Pass Maintenance Dredging project and retirement payouts. The
estimated General Fund reserves at midyear are approximately $19.1 million, or 17.1%
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of the current year's General Fund budget, exceeding the city's reserve policy by $9.6
million. Midyear amendments to the Capital Improvement Fund reflect a net decrease
of$429,533, primarily a result of reimbursing $1,622,925 of reserves that were
advanced to the Downtown Streetscape Phase II project. The Special Program Fund
reflects a net budget increase of$581,291.
Councilmember John Doran moved to amend the City's fiscal year 2010/11 Operating
and Capital Improvement Budgets at mid-year. The motion was duly seconded and
carried unanimously.
Ordinance 8265-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8265-11 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
Ordinance 8267-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8267-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
8.2 Reappoint Rick G. Stucker to a four-year term as a trustee of the Clearwater
Firefighters Supplemental Trust Fund in accordance with Sec. 175.061 of the
Florida State Statutes.
The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies
obtained by the State of Florida from insurance companies doing business within
the community. These monies are required to be administered by a Board of
Trustees whose composition must consist of two legal residents of the city
appointed by the City Council; two city firefighters elected by the firefighters; and a
fifth member chosen by a majority of the other four members and submitted to the
City Council for appointment. The Board of Trustees is solely responsible for
administration of the trust fund. The state law allows trustees to succeed
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themselves as board members. This legal resident, City Council appointed seat
will become open July 1, 2011. Mr. Stucker is willing to serve another term. He is
a city resident and a local business owner with an insurance background. Once
approved, Mr. Stucker is to serve a new, four-year term as a trustee to the seat for
the period of July 1, 2011 through June 30, 2015.
Councilmember Bill Jonson moved to reappoint Rick G. Stucker to a four-year term as a
trustee of the Clearwater Firefighters Supplemental Trust Fund in accordance with Sec.
175.061 of the Florida State Statutes. The motion was duly seconded and carried
unanimously.
8.3 Approve a contract (Blanket Purchase Order) to Jet Age Fuel, Inc. of Clearwater,
FL for an amount not to exceed $200,000 for the purchase of Low Sulfur Diesel
Fuel for off-road equipment and emergency generators as per the City of
Clearwater RFP 17-09 during the contract period July 1, 2011 through June 30,
2013 and authorize the appropriate officials to execute same.
The fuel purchased under this contract will be used in all off road equipment and
vehicles and stationary and mobile emergency standby generators. The price
includes delivery to the various sites.
This contract is for five years and staff is exercising the option for the 3rd and 4th
year. This extension will leave one year on the contract.
In response to questions, Solid Waste/General Services Assistant Director Rick Carnley
said fuel prices in the last few months have increased slightly. It is anticipated the recent
price per gallon drop will continue through the summer.
Vice Mayor George N. Cretekos moved to approve a contract (Blanket Purchase Order)
to Jet Age Fuel, Inc. of Clearwater, FL for an amount not to exceed $200,000 for the
purchase of Low Sulfur Diesel Fuel for off-road equipment and emergency generators
as per the City of Clearwater RFP 17-09 during the contract period July 1, 2011 through
June 30, 2013 and authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
8.4 Approve the first amendment to the Alligator Creek Watershed Management
Plans Cooperative funding agreement with the Southwest Water Management
District in the amount of$250,000; a Supplemental Work Order to Jones
Edmunds, Engineer of Record (EOR) in the amount of$666,607 and authorize
the appropriate officials to execute same.
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The work order for Phase 1 of the Alligator Creek Watershed Management Plan
Update between Jones Edmunds and the City of Clearwater in the amount of
$400,000 and the cooperative funding agreement with Southwest Florida Water
Management District (SWFWMD) to fund $200,000 of Phase 1 were approved by
Council on October 22, 2009.
Phase I included development of digital topographic information and completion of
a watershed evaluation. The watershed evaluation element included: (a)
identification of existing watershed features; (b) information from implemented
projects; (c) an inventory of hydraulic and hydrologic features; (d) a preliminary
junction and a GIS database of reaches; and (d) a surface water resource
evaluation. Phase I is nearing completion.
Phase 11 will create a revised model and an updated watershed management
plan. The model will reflect existing conditions of the watershed and the revised
watershed plan will include projects to reduce flooding, increase water quality and
improve natural systems. The revised model will be submitted to FEMA to update
the Flood Insurance Rate Maps to reflect existing conditions' flooding risk.
The supplemental work order to Jones Edmunds is for $666,607 for a total
amount of$1,066,607.
The amendment to the Cooperative Funding agreement with SWFWMD is an
increase of grant funding in the amount of$250,000 for total reimbursement from
the District in the amount of$450,000.
A third quarter amendment will increase budget only in Capital Improvement
Program (CIP) project 03 15-96173. Alligator Creek Watershed Projects by
$250,000 of SWFWMD gram funding.
Sufficient funding IS available in CIP 0315-96173, Alligator Creek Watershed
Project in the amount of$416,607 to fund the remaining balance of the
Supplemental Work Order.
Councilmember Paul Gibson moved to approve the first amendment to the Alligator
Creek Watershed Management Plans Cooperative funding agreement with the
Southwest Water Management District in the amount of$250,000; a Supplemental
Work Order to Jones Edmunds, Engineer of Record (EOR) in the amount of$666,607
and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
8.5 Approve Architect of Record Contracts with Fowler Associates Architects,
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Harvard Jolly Architecture, Klar and Klar Architects, Long and Associates, Plisko
Architecture and Wannenacher Jensen Architects for a period of three years
commencing July 26, 2011 and authorize the appropriate officials to execute
same.
On March 1, 2011, Requests for Qualifications (RFQ 14-11) were solicited from
area firms to act as Architects of Record for the City. Twenty-two responses were
received. Upon review of the responses, it was decided to retain four firms that
are currently performing as Architects of Record for the City including Fowler
Associates Architects, Harvard Jolly Architecture, Plisko Architecture and
Wannenacher Jensen Architects. A short list of four additional firms was chosen
for oral presentations to the selection committee consisting of representatives
from Parks and Recreation, Solid Waste/General Services and Engineering. From
this group of four, two additional firms were added to the list including Klar and
Klar Architects and Long and Associates. The six recommended firms were
selected based upon technical ability, availability to expeditiously complete
assignments, management and staff ability, prior municipal experience including
permitting and Clearwater business and community involvement. Subject to
approval in accordance with city purchasing policy, these Architects of Record
could be used by any city department for appropriate projects.
Councilmember Bill Jonson moved to approve Architect of Record Contracts with
Fowler Associates Architects, Harvard Jolly Architecture, Klar and Klar Architects, Long
and Associates, Plisko Architecture and Wannenacher Jensen Architects for a period of
three years commencing July 26, 2011 and authorize the appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
8.6 Award contracts (purchase orders) to Siemens Industry Inc., of Tampa, FL, in the
amount of$9,861,759.00, for design, construction, inspection and construction
management for the Public Utilities Performance Based Contract Project (City
Project 08-0048-UT); $231,707.00 for Performance Assurance Services
Program during the term of the main contract; $2,909,619.00 for Maintenance
Services Program for a ten- year period and authorize the appropriate officials to
execute same.
The City of Clearwater (City) solicited responses from prequalified Energy
Services Companies (ESCO) in December of 2008 with the intent of selecting a
firm to perform a Performance Based Contract where the City of Clearwater
realizes energy savings through implementation of capital improvements projects
at its existing Water Reclamation Facilities (WRF).
Siemens was selected by a committee of city staff based upon their submittals of
qualifications and presentation specific to the City. A preliminary agreement was
executed that allowed for a formal audit of the City's three WRF's, (Marshall
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Street, Northeast and East) that determined those projects that were viable for
inclusion in the resulting proposed contract. The cost of the audit ($94,386) is
included in the contract.
The scope of work in the contract includes funding the remaining design efforts,
permitting and construction of nine separate projects including; lighting
improvements at three plants, mixer replacements at two plants, dewatering
improvements at two plants, odor control at Northeast and power generation using
Methane capture at the Northeast plant. All projects result in various levels of
savings in terms of energy, chemical costs and/or operational costs. The savings
less those costs to be incurred for measurement and verification, (performance
assurance) and technical service packages have been incorporated into the city's
rate study and operational budget. If the goals identified in the agreement are not
met, Siemens covers the shortfall. If the goals identified are exceeded, the City
retains the financial benefit.
The design and construction costs are to be paid in year one in accordance with
the payment schedule in Exhibit B of the contract, with the performance
assurance costs paid on an annual basis over the fifteen-year term of the
Performance Contract. Those annual costs start at $12,458 and escalate to
$18,844 over fifteen years for the total cost of$231,707. The Maintenance
Services Program costs are to be paid over ten years starting at $253,197 and
escalating to $330,365 annually for a total of$2,909,619. The services program is
detailed in Exhibit A of the contract and provides for specific maintenance of the
power generator, fuel-gas conditioning system (methane) and the new Fats, Oils
and Grease system. This program is not contractually obligated for renewal after
year one if the City deems the costs to be in excess of the benefits. The
performance assurance costs and Maintenance Services Program costs will be
included in the Public Utilities O&M budgets for the corresponding fiscal years.
The project total includes $2,959,683 worth of Owner Direct Purchased equipment
resulting in a tax savings valued at $178,030.98.
Project design and construction duration is expected to be 15 months with
completion by October of 2012. The term of the contract is 15 years over which
time the savings realized by the improvements are to exceed the costs including
debt service every year making the entire project revenue neutral.
In accordance with the Interlocal agreement between the City of Clearwater and
the City of Safety Harbor for Sewer Treatment Services, Safety Harbor will share
in costs incurred for improvements made at the Northeast Water Reclamation
Facility. Those costs are determined per the interlocal agreement on a pro rata
share related to capacity reserved for treatment. For this project, the share of
costs that will be reimbursed by Safety Harbor totals $2,008,419.00.
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Councilmember John Doran moved to award contracts (purchase orders) to Siemens
Industry Inc., of Tampa, FL, in the amount of$9,861,759.00, for design, construction,
inspection and construction management for the Public Utilities Performance Based
Contract Project (City Project 08-0048-UT); $231,707.00 for Performance Assurance
Services Program during the term of the main contract; $2,909,619.00 for Maintenance
Services Program for a ten- year period and authorize the appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
8.7 Award a contract to Young Communication Co., Inc of Melbourne, FL in the
amount of$1,160,489.00 for construction of the Skycrest Reclaimed Water
Expansion (project number 10-0040-UT) and Chautauqua Lake Estates
Reclaimed Water (Project number 10-0041-UT), which is the lowest responsible
bid received in accordance with the plans and specifications for these projects;
approve a supplemental work order to URS Corp in the amount of$18,129.00 to
provide engineering services during construction for these projects; and
authorize the appropriate officials to execute same.
This agenda item is for the construction of new reclaimed water transmission and
distribution mains for the expansion of the original Skycrest Reclaimed Water
Project and the Chautauqua/Coachman Ridge Reclaimed Water Project.
Due to low construction costs the City is experiencing in constructing/installing
reclaimed water (RCW) pipelines in the City, two Amendments to SWFWMD
(Southwest Florida Water Management District) Cooperative Funding Agreements
were approved to expand the areas from the original scopes. The First
Amendment to Skycrest Project was approved by Council in November 2010 for
the Skycrest Expansion, and the First Amendment to Chautauqua/Coachman
Ridge RCW was approved by Council in December 2010 to include work for the
Chautauqua Lake Estates.
The goal of this and all other reclaimed water projects is to reduce the amount of
potable water and groundwater being used for irrigation and other non-potable
uses. In addition, expansion of the Reclaimed Water Distribution System in
accordance with Reclaimed Water Master Plan brings the City of Clearwater
closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface
waters.
It is anticipated that construction will be accomplished in 270 days and be
completed by the end of May 2012.
URS Corporation, the engineering design consultant for this project and an
Engineer-of-Record for the City of Clearwater, was responsible for the design of
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the improvements. The final engineering estimate was $1,700,000. There were 11
bids and Young Communication's bid was the lowest in the total amount of
$1,160,489.00 for the two projects where the subtotal for Skycrest Expansion was
$887,958.50 and the subtotal for the Chautauqua Lake Estates was $272,530.50.
After comparing the bids, URS Corp. recommendation is to award the
construction of the projects to Young Communication Co., Inc., and city staff
concurs.
The City has existing Work Orders for the two projects with URS to administer the
project and to provide field inspections. However, the Work Orders did not include
attendance of the pre-construction meeting, shop-drawing review, and responses
to Request for Information. URS will provide these services in the amount of
$18,129 for the two projects with the supplemental work order.
The City of Clearwater's Public Utilities Department Water Division is responsible
for owning, operating and maintaining the reclaimed water system.
Sufficient budget and funding is available in the following projects: Utility R and R
revenue in 0327-96739, Reclaimed Water Distribution System in the amount of
$349,730.54 and Water revenue in 0315-96739, Reclaimed Water Distribution
System in the amount of$239,578.46 for a total of$589,309.00 for these
contracts.
A third quarter amendment will increase budget in Capital Improvement Program
project 0315-96739, Reclaimed Water Distribution System of Other Governmental
Revenues (337900) for SWFWMD's share of the project in the amount of
$589,309.00 to provide total funding in the amount of$1,178,618.00 to fund the
construction and CEI.
Vice Mayor George N. Cretekos moved to award a contract to Young Communication
Co., Inc of Melbourne, FL in the amount of$1,160,489.00 for construction of the
Skycrest Reclaimed Water Expansion (project number 10-0040-UT) and Chautauqua
Lake Estates Reclaimed Water (Project number 10-0041-UT), which is the lowest
responsible bid received in accordance with the plans and specifications for these
projects; approve a supplemental work order to URS Corp in the amount of$18,129.00
to provide engineering services during construction for these projects; and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
8.8 Approve a work order to Tetra Tech, Inc. of Tampa, FL in the amount of
$139,800.00 for engineering services associated with the Water Treatment Plant
3 Arsenic Treatment System Project (11-00xx-UT), and authorize the appropriate
officials to execute same.
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This agenda item provides for engineering and design services for the
construction of new treatment facilities to be located at the city's existing Water
Treatment Plant 3 at 2775 State Road 580. The new treatment facilities will
consist of pressurized filter vessels that remove contaminants from the water prior
to disinfection and distribution into the city's drinking water system.
The City owns and operates a wellfield that is the local source of supply for
potable water production. The remainder of the water supply that is necessary to
meet the additional demand is met by the purchase of imported water from
Pinellas County. The City of Clearwater Water Supply System Master Plan last
updated in 2008 recommends that the City actively work to maximize local
production capabilities, specifically in those ways that are more cost effective than
the option of purchasing water.
While the City utilizes reverse osmosis treatment at Water Plant 1 and is currently
under design to build a brackish Reverse Osmosis treatment facilities at Water
Plant 2, there is currently no treatment at Water Plant 3. Construction of the
proposed filters will protect the City's investment in the plant and the wellfield
allowing for a longer useful life and increase the City's ability to continue meeting
water quality standards for its drinking water.
The design phase is anticipated to be complete by December 2011, with the
construction phase scheduled for completion by June 2012.
Tetra Tech is one of the City's Engineers-of-record, and this work order was
negotiated in accordance with the Consultants Competitive Negotiations Act.
A third quarter amendment will establish Capital Improvement Program, 0327-
96775, Arsenic Treatment WTP 3, and transfer $139,800.00, Utility R and R
revenue from 0327-96741, System R and R Capitalized to fund this work order.
Councilmember Paul Gibson moved to approve a work order to Tetra Tech, Inc. of
Tampa, FL in the amount of$139,800.00 for engineering services associated with the
Water Treatment Plant 3 Arsenic Treatment System Project (11-00xx-UT), and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
8.9 Support the Florida Department of Environmental Protections petition to U.S.
Environmental Protection Agency to rescind Numeric Nutrient Criteria in Florida
and adopt Resolution 11-16.
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On January 14, 2009, the United States Environmental Protection Agency (EPA)
formally determined that numeric nutrient criteria (NNC) should be established for
the State of Florida on an expedited schedule.
Since the Florida Department of Environmental Protection (FDEP) has an
aggressive program in place and progressively working toward guidelines that are
more stringent where necessary, the FDEP petitioned the EPA to respond by May
22, 2011 on relieving Florida from this federal mandate.
Significant cost, estimated in the millions of dollars, will be involved to bring
nitrogen discharge limits for the wastewater and stormwater treatment systems to
EPA's newest standards.
This resolution supports the FDEP's petition to EPA to rescind numeric nutrient
criteria in Florida at this time. This Resolution is Clearwater's first step in
supporting the FDEP in a request for relief. City staff, as well as other local
municipalities, will attend Public Workshops held by the FDEP scheduled for June
in Tallahassee and the Orlando area. There are no costs associated with
Resolution 11-16.
In response to a question, the City Clerk said EPA reviewed FDEP's petition and has
decided not to act on the petition until it has thoroughly reviewed FDEP's proposed
NNC standards. EPA will delay implementation of NNC standards in Florida if FDEP
continues to make progress in developing NNC standards.
It was suggested that Resolution 11-16 be amended to address EPA's reaction to FDEP
petition.
Councilmember Bill Jonson moved to continue Item 8.9 to July 21, 2011. The motion
was duly seconded and carried unanimously.
8.10 Provide direction regarding short-term rentals in the High Density Residential
(HDR) zoning district.
The issue of short-term rentals occurring in attached dwellings located in the
High Density Residential (HDR) zoning district has surfaced. Certain
condominium association documents allow the short-term rental of units within
these properties and historically the properties have been rented. The City's
ordinances do not permit the rental of such properties for less than 30 days and
the association documents allow rental periods of 14 days.
The Planning and Development Department, in conjunction with the City
Attorney's office, has identified several options for Council's consideration:
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Determine if individual units should be grandfathered by using the Council Policy
established for determining nonconformities in the single-family districts. Under
this option, if the use is discontinued or abandoned for a period of six
consecutive months, it may not be reestablished (Code Section 6-103.D).
Require buildings to submit an application pursuant to the Community
Development Code to allow a certain number of units (10) to be rented at any
one time as accessory overnight accommodations (Code Section 2-5035 and 2-
504. C). It should be noted that the staff report that accompanied Ordinance
7105-03 that further clarified the prohibition of short-term rentals identified this as
an option for the multi-family zoning districts.
Amend the Community Development Code to allow properties constructed prior
to a certain time to be rented on a short-term basis provided condominium
documents allowed such short-term rentals at that time.
Request a declaratory judgment from Circuit Court as to which if any properties
or units in the HDR zoning district area entitled to short-term rental use.
Enforcement is to occur on any units determined not to be lawfully rented on a
short-term basis.
Councilmember Cretekos declared a conflict of interest and departed Chambers.
The City Attorney opined that changes to the current Code would conflict with recent
State legislation that prohibits municipalities from regulating resort-condominium rentals.
The legislation grandfathered jurisdictions with ordinances set in place prior to June 1,
2011. Any change to the city's current Code may jeopardize the city's grandfathering
provision regarding short-term rentals. Staff could determine if condominium units
meet grandfather requirements on a unit-by-unit basis. Regarding a 10-unit limit per
complex, it appears each complex has more than 10 units rented for short-terms at the
same time.
In response to a question, Planning and Development Director Michael Delk said
condominium documents for Lighthouse Towers and both Crescent Beach Club
buildings allow short-term rentals; more than 90 units may be rented short-term.
Discussion ensued with concerns expressed that changing the Code would put short-
term rental restrictions on north Clearwater Beach at risk. In response to a suggestion
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that requesting a declaratory judgment would clarify restrictions, the City Attorney said it
has not been clarified if the City or unit owners would be the Plaintiff.
Five residents spoke with one recommending that the Code be amended to allow short-
term rentals building-wide, two supporting option one, one opposing rentals to
transients, and one expressing concern that property owners based their decisions to
purchase on condominium documents and depend on rental income to help pay for the
investment.
Assistant City Attorney Leslie Dougall-Sides said the most recent short-term rental
ordinance was adopted in Spring 2003. She suggested comparing short-term rental
restrictions in the 1980 Code with condominium documents for complexes constructed
afterwards. Mr. Delk said Code enforcement is triggered by complaints; the City
recently received its first complaint regarding a short-term rental on Sand Key.
It was stated the MLS (Multiple Listing Service) includes information on condominium
documents but does not indicate if they conform to local laws. The City Attorney said
the City does not review condominium documents. Concern was expressed that
personal property rights may be affected and visitors with short-term rental contracts
should be protected.
Staff was directed to protect existing short-term rental restrictions; to discuss this issue
with Lighthouse Towers and Crescent Beach Club I and II communities, to compare
short-term rental restrictions in the 1980 Code with related condominium documents, to
report on recent State legislation regarding restrictions on condominium owners' ability
to amend condominium documents, and to postpone enforcement of short-term rental
restrictions on Sand Key until the issue is resolved.
The City Council recessed from 8:01 to 8:11 p.m. Councilmember Cretekos returned to
Chambers.
8.11 Award a contract to Pillar Construction Group, LLC of Clermont, Florida, Bid 08-
0020-PR, for the sum of$654,298.70 (including Alternates 3 and 4 and 10%
contingency), for renovations of the North Greenwood Recreation and Aquatics
Center and North Greenwood Library, to be funded from CIP 315-93621, and
authorize the appropriate officials to execute same.
On November 16, 2010, the City Council approved changes to the Penny for
Pinellas III project list including funding for the renovations to the North
Greenwood Recreation and Aquatics Center (NGRAC) and Library located on
the southwest and southeast corners of Martin Luther King Jr. Avenue and
Palmetto Street.
Council 2011-06-14 15
The scope of the project is to renovate the current NGRAC by enclosing two
exterior programming spaces as well as adding a catering kitchen and provide
interior renovations to accommodate partner agencies (i.e., North Greenwood
Family Center and the North Greenwood Boys and Girls Club). This project will
allow for additional revenue from partner agencies and an annual operational
savings for a combined savings of approximately $200,000 per year. The City will
be the operator and facilitator of the building with the programming aspects
handled by the partner agencies. (Note - Agreements with these agencies will be
forthcoming.) This contract, with Pillar Construction Group, will provide for the
renovations of NGRAC as well as Alternate 3, which is the renovations of the
North Greenwood Library, primarily the computer lab, and Alternate 4, which is
the construction of a new overhead canopy at NGRAC from the main building
entrance to the driveway. The contract is under the projected budget for this
project. Furnishing for the building and kitchen will be provided under separate
contract. Completion is scheduled for November 2011.
Councilmember John Doran moved to award a contract to Pillar Construction Group,
LLC of Clermont, Florida, Bid 08-0020-PR, for the sum of$654,298.70 (including
Alternates 3 and 4 and 10% contingency), for renovations of the North Greenwood
Recreation and Aquatics Center and North Greenwood Library, to be funded from CIP
315-93621, and authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
8.12 Appoint Daryl W. Schuster to the Sister Cities Advisory Board, as the Clearwater
Sister Cities, Inc. representative, with term to expire December 31, 2015.
It was suggested the term be amended to expire July 31, 2015.
Vice Mayor George N. Cretekos moved to appoint Daryl W. Schuster to the Sister Cities
Advisory Board, as the Clearwater Sister Cities, Inc. representative, with term to expire
July 31, 2015. The motion was duly seconded and carried unanimously.
8.13 Approve a Contract For Purchase of Real Property between The Times
Publishing Company, a Florida Corporation, St. Petersburg, Florida and the City
of Clearwater (City), for the City to purchase real property described as Magnolia
Park Subdivision, part of lot 3 lying East of Railroad, all of Lots 4,5,6 and 8, plus
the East 27 feet of lots 3 and 8, Block 11; together with Lot 3 less the West 4
feet, all of Lots 5,67, and 8 less the West 4 feet, Block 8, according to the plat
thereof as recorded in Plat Book 1, Page 70, Public Records of Pinellas County,
for the sum of$2,200,000; authorize the appropriate officials to execute same,
together with all documentation required to effect closing; approve the
appropriation of$2,500,000 from Penny for Pinellas funds for subject property
Council 2011-06-14 16
acquisition, closing and site demolition expenses; and approve the terms and
conditions of the related temporary occupancy lease between the City and The
Times Publishing Company, and authorize the appropriate officials to execute
same.
The subject property is located at 710 Court Street in the Downtown District of
Clearwater. The parcel is approximately 83,800 sq. ft. and is comprised of a
single tenant office building with an adjacent parking lot.
This property presents an opportunity for the City to acquire a strategically
located parcel considered for a number of years as well suited for transit and/or
governmental uses. Acquisition discussions between the parties have taken
place over a period of years, but have not led to agreement.
Now, however, due to current conditions in the real estate market, the City has
been able to reach a mutually acceptable purchase arrangement with The Times
Publishing Company to allow acquisition within designated funds in Penny for
Pinellas.
The purchase price is close to the mid-point between two independent appraisals
performed on the property and reflects a $26.29/sq. ft. blended valuation
(structure and parking lot).
Because The Times Publishing Company has the desire and need to find a
relocation site for the Clearwater Bureau and an acceptable alternative has not
yet been found, a companion lease would allow The Times Publishing Company
to lease back the property for the statutorily-required $1 per annum minimum,
triple net, with the City held completely harmless, for up to one year. The
economic value of the leasehold, as reflected in the appraisal, was factored into
the final purchase price.
A third quarter budget amendment will establish a capital project in the amount of
$2.5 million to fund the purchase.
Michael Foley St. Pete Times representative said the St. Pete Times intend to remain in
Clearwater.
In response to a question, the City Attorney said the contract will be recorded in the
Public Records of Pinellas County.
Councilmember Paul Gibson moved to approve a Contract For Purchase of Real
Property between The Times Publishing Company, a Florida Corporation, St.
Petersburg, Florida and the City of Clearwater (City), for the City to purchase real
Council 2011-06-14 17
property described as Magnolia Park Subdivision, part of lot 3 lying East of Railroad, all
of Lots 4,5,6 and 8, plus the East 27 feet of lots 3 and 8, Block 11; together with Lot 3
less the West 4 feet, all of Lots 5,67, and 8 less the West 4 feet, Block 8, according to
the plat thereof as recorded in Plat Book 1, Page 70, Public Records of Pinellas County,
for the sum of$2,200,000; authorize the appropriate officials to execute same, together
with all documentation required to effect closing; approve the appropriation of
$2,500,000 from Penny for Pinellas funds for subject property acquisition, closing and
site demolition expenses; and approve the terms and conditions of the related
temporary occupancy lease between the City and The Times Publishing Company, and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
8.14 Approve a Contract For Purchase of Real Property between Court Street
Enterprises, Inc., a Florida Corporation, and the City of Clearwater for the City to
purchase from Court Street Enterprises, Inc., real property described as a
portion of Lots 2, 3, 8 and 9, Block 11, Magnolia Park, as recorded in Plat Book
3, Page 43, of the Public Records of Pinellas County, Florida for the sum of
$525,000 and authorize the appropriate officials to execute same, together with
all documentation required to effect closing; approve the appropriation of
$575,000 from Penny for Pinellas funds for subject property acquisition, closing
and site demolition expenses; and approve the terms and conditions of the
related temporary occupancy lease between the City and David Allbritton, and
authorize the appropriate officials to execute same.
The subject property is located at 704 Court Street in the Downtown District of
Clearwater. The parcel is approximately 19,368 sq. ft.
Acquisition of this property, immediately adjoining The Times Publishing
Company acquisition, would provide the City with a consolidated parcel in excess
of 100,000 sq. ft. and enhance the functional and/or redevelopment value of the
assemblage for the City, and allowing for the possibility of use for the downtown
intermodal facility. The purchase price is within the range of the two
independent appraisals performed on the property for redevelopment assembly
value and reflects a $27.10 sq. ft. appraised value.
Because a member of the ownership entity has the desire and need to find a
relocation site for business operations currently located in the subject structure
and an acceptable alternative has not yet been found, a companion lease would
allow David Allbritton, a principal in Court Street Enterprises, Inc. to lease back
the property for the statutorily required $1 per annum minimum, triple net, with
the City held completely harmless, for up to one year.
Council 2011-06-14 18
A third quarter budget amendment will establish a capital project in the amount of
$575,000 to fund this purchase.
Councilmember Bill Jonson moved to approve a Contract For Purchase of Real
Property between Court Street Enterprises, Inc., a Florida Corporation, and the City of
Clearwater for the City to purchase from Court Street Enterprises, Inc., real property
described as a portion of Lots 2, 3, 8 and 9, Block 11, Magnolia Park, as recorded in
Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida for the sum of
$525,000 and authorize the appropriate officials to execute same, together with all
documentation required to effect closing; approve the appropriation of$575,000 from
Penny for Pinellas funds for subject property acquisition, closing and site demolition
expenses; and approve the terms and conditions of the related temporary occupancy
lease between the City and David Allbritton, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried unanimously.
Attorney Client Session
The City Attorney requested an Attorney Client Session regarding Pickles Plus Too, Inc
v. City of Clearwater, a Municipal Corporation of the State of Florida, Case No. 11-
001450-CI-008 for July 18, 2011. The session must commence at an open meeting. It
was suggested the meeting be scheduled at 7:30 a.m., prior to the work session at 8:30
a.m.
There was consensus to have the Attorney Client Session on July 18, 2011 at 7:30 a.m.
Miscellaneous Reports and Items
9. Other Council Action
9.1 Update on County Digital Billboard Ordinance Councilmember Bill Jonson
Councilmember Bill Jonson said Pinellas County was considering dropping the 20-year
digital sign sunset provision and shortening the ultimate removal time from the originally
proposed ordinance. At the May 24, 2011 Pinellas County Board of County
Commissioners meeting, the billboard companies proposed using the 26 billboards
scheduled for removal in 2012 for the accelerated incentive swap.
9.2 Election Date - Mayor Hibbard
Council 2011-06-14 19
Mayor Frank Hibbard expressed concern regarding pursuing pension changes next year
with three councilmember seats up for election and requested consideration be given to
move the election date to November 2012. Collective bargaining is a complicated
issue, requiring a substantial amount of time to digest and understand. He supported
having the races of the elected officials on the same ballot as the pension referendum
questions.
Human Resources Director Joseph Roseto said the city is currently in collective
bargaining with two of the four bargaining units. Contracts with the International
Association of Fire Fighters and the Fraternal Order of Police Supervisors contain
language that obligates them to bargain pension through mutual agreement. To date,
neither group has chosen to exercise that option. Mr. Roseto said staff has been
directed to find ways to mitigate long-term pension costs. The bargaining units are now
being challenged with conceding for things to be taken back from their benefits without
any reciprocation from the City. The impasse process would begin if concessions
cannot be reached. Mr. Roseto said pension changes would be ready for a November
2012 ballot.
Discussion ensued with concerns expressed regarding voter drop off if the municipal
general election is held in conjunction with the presidential race and impact it would
have on campaign fundraising and media attention. It was stated that the St. Pete
Times now has a reporter dedicated to city issues, ensuring media coverage for
municipal elections.
In response to questions, the City Clerk said if the municipal general election is held in
conjunction with the presidential preference primary, the qualifying period will begin
November 4, 2011 and end November 18, 2011. August 4, 2011 is the first day
interested candidates may obtain the Appointment of Campaign Treasurer/Designation
of Campaign Depository forms. The State of Florida has until October 1, 2011 to
change the presidential preference primary election date, currently scheduled for
January 31, 2012. The City Attorney said the City may change the general election
date to coincide with state, county or federal elections by ordinance.
Councilmember John Doran moved to draft an ordinance moving the municipal election
to the November general election, beginning November 2012. The motion was duly
seconded.
Discussion ensued. In response to a question, the City Attorney said changing the
municipal election back to a standalone election would require a referendum. Staff was
directed to request input from the Charter Review Committee regarding changing the
election date.
Council 2011-06-14 20
Upon the vote being taken, Mayar Frank Hibbard and Cauncilmembers John Doran and
Paul Gibson voted "Aye"; Vice Mayor Gearge N. Cretekos and Cauncilmember Bill
Jonson voted "Nay". Motion carried.
10. Closinq Comments bv Mayor
Mayor Frank Hibbard reviewed recent and upcoming events and offered candolences to
survivors of AI Galbraith and Helen Kerwin.
11. Ad'_ Iourn
The meeting was adjourned at 9:18 p.m.
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