01/09/2012
CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
January 9, 2012
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson (Departed 12:05).
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 Nicole Sprague – Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Presentations – Given.
1.1 Service Awards
Five service awards were presented to city employees.
The November 2011 Employee of the Month Award was presented to Susie Jenkins,
Parks and Recreation. The January 2012 Employee of the Month Award was presented
to Patti Kuligowski, Legal.
The January/February 2012 Bimonthly Team Award was presented to the Manhole
Cover Rescue Team: Cherise Sarnoff and Dustin Dulek.
1.2 Florida Section American Water Works Association (FS AWWA) 2011 Water
Conservation Awards for Excellence Best in Class Efficiency with Alternative
Water Supply and Public Education - Glenn Daniel and Jerry Wells
1.3 Pinellas Alternative Committee Presentation - Scott Pringle, Jacobs Project
Manager, Transportation Program
Work Session 2012-01-09 1
The Council recessed from 9:27 a.m. to 10:49 a.m. to meet as the Community
Redevelopment Agency and the Pension Trustees.
2. Economic Development and Housing
2.1 Approve the creation of the Homeless Leadership Board, Inc., to replace the
Homeless Leadership Network, and approve the revised Interlocal Agreement.
The Homeless Leadership Network and the Pinellas County Coalition for the
Homeless, Inc. are merging responsibilities and activities into a new organization,
the Homeless Leadership Board, Inc. (HLB), effective Feb. 1, 2012. It will become
the policy and operational leadership entity in the Pinellas Homeless Services
System. The Homeless Leadership Network and Homeless Coalition will cease
operations on that date.
The major reasons behind the creation of the new HLB are: to streamline
leadership and make it more effective, efficient and accountable and to focus its
efforts on making the homeless services system more effective and performance-
driven in moving individuals and families from homelessness to permanent
housing.
Homeless Leadership Board, Inc. Structure
· The HLB will focus on homeless families, individuals, and unaccompanied
youth, and those at-risk of homelessness. It will be a non-profit corporation.
· The Board of Directors will comprise no more than 21 members and will have
one CEO and adequate staff. The initial 19 members will be Board
members/CEOs/COOs/other major executive staff in the following categories:
o Seven elected officials:
· One from the Pinellas Board of County Commissioners
· One from:
· Clearwater
· Largo
· Pinellas Park
· St. Petersburg
Work Session 2012-01-09 2
· Tarpon Springs
· One from Public Defender
o Twelve Community Leaders:
· One JWB/Children’s Service Board member
· Four service experts
· Two faith-based organization representatives
· Two business representatives
· One medical services/hospital representative;
· One at-large representative
· One homeless/formerly homeless representative
Two major councils of the HLB will provide comprehensive information and
recommendations for action and approval to the HLB, the Providers Council and
the Funders Council, and will each have a representative on the Board of
Directors. (Responsibilities attached)
The HLB will rely on existing human service or business networks and committees
as much as possible to discuss and make recommendations on homeless issues
instead of creating additional committees.
The responsibilities of the HLB Board of Directors will be to set and implement
policies; conduct system planning; provide oversight of the goals and track
outcomes; perform all lead agency funding oversight responsibilities; coordination
and networking.
The parties to the Agreement are Pinellas County, City of Clearwater, City of
Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, the
Public Defender’s Office, the Pinellas County School Board and the Juvenile
Welfare Board.
The changes to the Interlocal Agreement are to change the name of the
organization to the Homeless Leadership Board throughout the document; add
the Public Defender to the signatories ; change the ending date to 2022 and
amend a few instances of language clean-up from the original document.
Work Session 2012-01-09 3
3. Financial Services
3.1 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 equipment have been replaced as necessary, or are no longer
required. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative
Auctioneer of Record.
In response to a concern, Solid Waste and General Services Assistant Director Rick
Carnley said the ATV being replaced was located on the beach and impacted by the
salt air. The replacement vehicle will have an aluminum frame and will better withstand
the salt air.
4. Gas System
4.1 Approve the first renewal of a Purchase Order, in the amount of $939,050, with
Florida Gas and Electric Corporation for the Installation of Gas Mains and
Service Lines for the period February 1, 2012 to January 31, 2013 and authorize
the appropriate officials to execute same. (consent)
Florida Gas and Electric, located at 8011 Land O'Lakes Boulevard Land O' Lakes,
FL 34638, is one of two Clearwater Gas System (CGS) contractors who install
Gas Mains and Service Lines to meet residential, commercial and industrial
customer requirements in support of gas sales and operations.
Florida Gas and Electric has performed satisfactory work since the contract was
awarded on February 1, 2011. This is the first of two renewals authorized in the
original bid.
Florida Gas and Electric has agreed in writing to hold current pricing on the
estimated quantities for the Installation of Gas Mains and Service Lines in Bid 05-
11 in the contract amount of $939,050 for the period February 1, 2012, to January
31, 2013, and has provided a Performance Bond and Proof of Insurance.
Funds are available in Code 315-96378 ($657,335) Pasco New Mains and
Service Lines, Code 315-96377 ($281,715) Pinellas New Mains and Service
Lines, in the Clearwater Gas System budget to support these requirements.
5. Human Resources
Work Session 2012-01-09 4
5.1 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13, and
2013/14 and authorize the appropriate officials to execute same. (consent)
The most recent collective bargaining agreement between the City of Clearwater
and CWA Local 3179 expired on September 30, 2011. City management staff and
representatives of CWA Local 3179 began discussions in October of 2011
regarding a new collective bargaining agreement in conjunction with negotiations
over proposed changes to the City Pension Plan. On December 6, 2011, the
parties reached a tentative agreement for a new contract as part of a package
deal that included the proposed Pension Plan changes. The bargaining
agreement and proposed Pension Plan changes were subsequently submitted by
the Union to its bargaining unit, which ratified the agreement on January 5,
2012.The agreement is a three-year contract providing for a 2.5% merit increase
in each year for all bargaining unit personnel who attain a Meets Expectations
rating on their annual performance evaluation, with any amount that exceeds the
respective employees' pay range maximum being paid as a one-time lump sum.
The agreement also clarifies rules regarding hours of work, and modifies existing
alternate duty and absence management provisions to reduce the amount of time
that employees may be absent from their designated position.
A first quarter budget amendment will allocate reserves from the operating funds
to cover the cost of CWA pay increases for the current budget year. Future
budgets will include the contract costs in the proposed budgets. The costs
associated with the implementation of this agreement are anticipated to be
approximately as follows:
Fiscal Year 2011/2012: $776,900 All funds $337,000 General Fund
Fiscal Year 2012/2013: $796,300 All funds $345,450 General Fund
Fiscal Year 2013/2014: $816,200 All funds $354,000 General Fund
TOTAL: $2,389,400 All funds $1,036,450 General Fund
AND
5.2 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the Fraternal Order of Police Officers for Fiscal Years 2012/13,
2013/14, and 2014/15 and authorize the appropriate officials to execute same.
Work Session 2012-01-09 5
(consent)
The current collective bargaining agreement between the City of Clearwater and
the Fraternal Order of Police Officers bargaining unit will expire on September
30, 2012. City management staff and representatives of the Fraternal Order of
Police Officers unit began discussions in November of 2011 regarding a new
collective bargaining agreement in conjunction with negotiations over proposed
changes to the City Pension Plan. On December 6, 2011, the parties reached a
tentative agreement for a new contract as part of a package deal that included
the proposed Pension Plan changes. The bargaining agreement and proposed
Pension Plan changes were subsequently submitted by the Union to its
bargaining unit, which ratified the agreement by a vote of 111 to 1 on December
13, 2011.
The agreement is a three-year contract, providing for no general wage increase
but allowing instead for merit step increase advancement only in the first year
and in the third year, and providing for a 2.5% across-the-board general wage
increase with no step advancement in the second year. The agreement also
precludes the City from contracting with another entity to supplant or displace
any budgeted positions currently represented within the bargaining unit for the
duration of the agreement. There are no other significant changes to the existing
contract language.
Costs will be included in the proposed budgets for each year of the agreement.
The costs associated with the implementation of this agreement are anticipated
to be approximately as follows:
Fiscal Year 2012/2013 (Steps only): $181,000
Fiscal Year 2013/2014 (GWI only): $323,400
Fiscal Year 2014/2015 (Steps only): $185,000
TOTAL: $689,400
AND
5.3 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the Fraternal Order of Police Supervisors for Fiscal Years
2012/13, 2013/14, and 2014/15 and authorize the appropriate officials to execute
Work Session 2012-01-09 6
same. (consent)
The current collective bargaining agreement between the City of Clearwater and
the Fraternal Order of Police Supervisors bargaining unit will expire on
September 30, 2012. City management staff and representatives of the Fraternal
Order of Police Supervisors unit began discussions in November of 2011
regarding a new collective bargaining agreement in conjunction with negotiations
over proposed changes to the City Pension Plan. On December 6, 2011, the
parties reached a tentative agreement for a new contract as part of a package
deal that included the proposed Pension Plan changes. The bargaining
agreement and proposed Pension Plan changes were subsequently submitted
by the Union to its bargaining unit, which ratified the agreement on December
13, 2011.
The agreement is a three-year contract, providing for no general wage increase
but allowing instead for merit step increase advancement only in the first year
and in the third year, and providing for a 2.5% across-the-board general wage
increase with no step advancement in the second year. The agreement also
precludes the City from contracting with another entity to supplant or displace
any budgeted positions currently represented within the bargaining unit for the
duration of the agreement. There are no other significant changes to the existing
contract language.
Costs will be included in the proposed budgets for each year of the agreement.
The costs associated with the implementation of this agreement are anticipated
to be approximately as follows:
Fiscal Year 2012/2013 (Steps only): $21,000
Fiscal Year 2013/2014 (GWI only): $87,500
Fiscal Year 2014/2015 (Steps only): $21,500
TOTAL: $130,000
AND
5.4 Approve the agreements reached by the City with Communications Workers of
America Local 3179 and Fraternal Order of Police Officers and Supervisors
bargaining units for proposed changes to the City Employees’ Pension Plan;
Work Session 2012-01-09 7
authorize the development of an actuarial impact statement by the City’s actuary
and subsequent submittal to the Florida State Division of Retirements for review
of same. (consent)
Changes to the current City Employees' Pension Plan benefit provisions are
being sought by the City due to significant increases in the City's required
pension contribution levels from fiscal year 2000 to present. During that period
of time, the City's actuarially determined required contribution has increased
from seven percent of covered payroll (approximately four million dollars) to
almost twenty-five percent of covered payroll (approximately eighteen million
dollars). These cost are projected by the City's actuary to continue to increase
during the next five years. The City initiated collective bargaining regarding
proposed changes to the City Employees' Pension Plan with the Fraternal Order
of Police bargaining unit and with Communications Workers of America Local
3179 in February and March of 2011, respectively. In October of 2011, the
parties began discussions regarding new collective bargaining agreements in
conjunction with the negotiations over proposed changes to the Pension Plan.
At this time, the Fraternal Order of Police Supervisors bargaining unit also
entered into negotiations with the City. On December 6, 2011, the City reached
tentative agreements with both FOP bargaining units, and on December 15,
2011 the City reached a tentative agreement with CWA, to include the proposed
Pension Plan changes as part of a package deal that included new three-year
contracts for each bargaining unit. The proposed Pension Plan changes were
submitted by the respective Unions to their bargaining units, which ratified the
agreements. The agreements by the parties, if ultimately approved by voter
referendum, would result in changes to the following City Employees' Pension
Plan provisions: For CWA and non-sworn FOP employees not eligible to retire as
of the effective date: The normal form of benefit would be a life annuity and the
monthly pension amount would be reduced if a payment option that includes a
beneficiary is elected. Any overtime and additional pays accrued for years of
service after the effective date of the change would not be included in
pensionable earnings. The 1.5% Cost-of-Living Adjustment would be delayed for
five years after the date of retirement for all pensionable earnings after the
effective date of the change. The disability pension amount would be reduced
from 66 2/3% to 42% of salary if meeting the disability criteria of the Plan.
For CWA and non-sworn FOP employees hired after the effective date:
In addition to the changes for existing employees, the pension calculation
multiplier will be reduced from 2.75% to 2.0% and employees will be required to
work until age 60 and have at least 25 years of service.
For sworn FOP employees not eligible to retire as of the effective date: The
employee pension contribution would be increased from 8% to 10% of salary.
Work Session 2012-01-09 8
Any overtime exceeding 300 hours per year accrued for years of service after
the effective date of the change would not be included in pensionable earnings.
There would be no Cost-of-Living Adjustment for all pensionable earnings after
the effective date of the change.
For all CWA and FOP employees: Employees could choose to receive 10%,
20%, or 30% of their total pension benefit in a one-time lump sum payment
directly upon retirement. Employees would be permitted to return to full-time
employment with the City in a different job classification and would participate in
Social Security while receiving their pension benefit. Employees would be able to
name a beneficiary and choose their benefit payment option at any time up to
retirement.
These changes, if approved, are expected to result in an immediate annual
reduction of the City's Pension contribution of 4.9 Million dollars, and a savings
over the next 30 years of approximately 400 Million dollars.
Human Resources Director Joe Roseto reviewed agreements negotiated with the
bargaining units. Council thanked the members of the bargaining units for negotiating in
good faith.
6. Parks and Recreation
6.1 Approve a ten (10) year Joint Land Utilization Agreement with the School Board
of Pinellas County, Florida, from January 1, 2012 through December 31, 2022, to
provide an outdoor recreation complex consisting of tennis courts, playground
and basketball courts at the southeast corner of Russell Street and Douglas
Avenue and authorize the appropriate officials to execute same. (consent)
The School Board of Pinellas County (Board) owns land adjacent to Clearwater
Intermediate School, which the City has leased since February 16, 1972 and used
as a neighborhood recreation site known as the Martin Luther King Recreation
Complex. The lease expired on December 31, 2011. The City and Board desire
to continue a relationship to provide an outdoor recreation complex at this site and
accordingly would like to enter into a Joint Land Utilization Agreement to allow the
City to continue to operate the tennis courts, playground and basketball courts on
this site. The community center is not part of this Agreement, as the City has no
future use for it. There is no cost to the City for use of the property, but will be
responsible for maintaining the property, including all structures and recreation
components in a safe and presentable manner. There will be no additional costs
associated with maintaining the property as the City already maintains the area.
Work Session 2012-01-09 9
In response to a question, Parks and Recreation Director Kevin Dunbar said the
department will continue to maintain the playground until it meets its useful life and
requires significant investment to maintain safety.
6.2 Award a contract (purchase order) to Pinellas Pools, Inc. of Holiday, Florida, Bid
08-0020-PR-B for maintenance and refurbishment of the pools located at the
North Greenwood Recreation and Aquatics Center (NGRAC) and the Clearwater
Beach Recreation and Aquatics Center (CBRAC) for $177,672, which includes a
10% contingency; approve the transfer of $83,672.00 from various Parks and
Recreation CIP maintenance projects highlighted in this item to Swimming Pool
Renovations and Repairs CIP 315-93271 at midyear and authorize the
appropriate officials to execute same. (consent)
The Council has established and approved annual CIP funding for several
maintenance projects including the Swimming Pool Renovations and Repairs CIP
315-593271. Part of the scope for this project is to provide long term maintenance
such as pool resurfacing and repair of gutters, tile and decking at the city pools.
This year the pools at NGRAC and CBRAC are in need of resurfacing and
miscellaneous tile repairs.
This contract will provide for the needed repairs to the tiles as well a marciting for
the pools.
Normally repairs are spaced out so that the available balance of funds in CIP 315-
93271 is sufficient however, repairs are needed at both pools during this off
season so staff is requesting that the following funds be transferred at mid-year to
cover the shortage.
315-93229 Tennis Court Repair and Resurfacing $25,000
315-93230 Playground Replacement $25,000
315-93604 Boardwalk and dock repair $25,000
315-93262 Fence Replacement $ 8,672
The transfer of funds from these projects will not impact the various maintenance
projects planned for this year. Funds will be replenished in future years from
future swimming pool repair money.
7. Solid Waste/General Support Services
7.1 Award a Contract (Purchase Order) to Trane of Tampa, FL for one Air Cooled
Rotary Water Chiller in the amount of $154,304.00, in accordance with Sec.
2.56(1)(d), Code of Ordinances - Other governmental bid, and authorize the
appropriate officials to execute same. (consent)
This chiller will be purchased through GSA Contract GS-07F-0248K and quote
dated December 8, 2011.This chiller replaces the original chiller installed at the
Work Session 2012-01-09 10
Main Library. The original chiller has severe rust problems and the compressor is
showing signs of reaching the end of its useful life. The new chiller will have the
proper coatings on the Condenser Coil and Internal/External Cabinet to prevent
premature rust and comes with a 10-year warranty against rust. The installation of
the chiller will be bid under separate heading and a different Company will
perform the installation work.
7.2 Award a Contract (Purchase Order) for $178,948.00 to Tampa Truck Center of
Tampa, FL for one Freightliner M2 CNG Chassis with Nu Life Model Brush Hawg
Grapple Loader in accordance with Sec. 2.564(1)(d), Code of Ordinances -
Other governmental bid; authorize lease purchase of $178,948.00 under the
City's Master Lease Purchase Agreement and authorize the appropriate officials
to execute same. (consent)
The Freightliner Chassis and Body will be purchased through the State of Florida
Term Contract 070-700-11-1, specification 070-700-312 and quote dated October
6, 2011.The Jaws Truck will replace G2220, 2000 GMC Jaws Truck with 87,370
miles.
The cost to upgrade the chassis to CNG is $29,091. The payback for the upgrade
cost based on 2,344 gallons at $1.22 difference in cost is 10 years. This truck will
have a life of 12 years. The truck is included in the Garage CIP Replacement
Fund and the budget amount is $125,000. The difference between the actual and
budgeted amounts will be paid from savings in the Garage Replacement Fund.
7.3 Award a Contract (Purchase Order) to Rush Truck Center of Tampa, FL for two
Peterbilt Model 320 with Labrie 29 Yard Automated Side Loader and
Compressed Natural Gas Engine in the amount of $557,441.00, 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 11-19-0907,
Specification 51 and quote dated December 19, 2011.The trucks will replace
G2418, 2001 Peterbilt with 73,299 miles and G3213, 2006 Peterbilt with 54,225
miles. G2418 was included in the Garage CIP Replacement List for Budget Year
2011/2012. G3213 replaces G2773 on the Garage CIP List due to structural
failures that cannot be repaired.
8. Engineering
Work Session 2012-01-09 11
8.1 Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, Florida for the
East Plant Anoxic Tank Rehabilitation Project (09-0007-UT), increasing the
contract amount by $462,887.68 for a new contract total of $1,724,434.78 and a
time extension of two hundred thirty eight (238) days; approve a Supplemental
Work Order to Engineer of Record (EOR) Jones Edmunds in the amount
$74,100.00 for additional Construction Engineering Inspection (CEI) and
authorize the appropriate officials to execute same. (consent)
On February 3, 2011, City Council awarded a contract in the amount
$1,261,547.10 to TLC Diversified, Inc. of Palmetto, Florida for the East Plant
Anoxic Tank Rehabilitation Project (09-0007-UT).
Change Order 1 covers additional work necessary to meet project requirements
for the East Plant Anoxic Tank Rehabilitation project, unforeseen field conditions
related to the tank repairs and safety concerns of induced voltage remediation at
the facility.
Upon draining the tanks for cleaning and coating, it was discovered that the
undersides of walkways over each tank were in need of structural repairs. This
condition could not be detected prior to by-passing wastewater flow and draining
the tanks.
Also included are improvements to the East APCF VFD equipment and circuits to
address undesirable induced voltages experienced at the VFD-driven equipment
locations.
The time extension of 238 days is needed for the additional work. New contract
completion will extend from December 16, 2011 to August 10, 2012, 270 days to
508 days.
Due to the time extension of the construction contract, additional CEI efforts are
required by EOR Jones Edmunds with additional funding in the amount of
$74,100.
First quarter amendments will transfer $108,942.62 of 2009 Water Sewer
Revenue Bond proceeds consisting of $2,978.06 from 0376-96611, Biosolids
Treatment, $28,914.53 from 0376-96621, WWTP New Presses, $58,564.41 from
0376-96634, Sanitary Utility Relocation, $2,819.29 from 0376-96742, Line
Relocation Capitalized and $15,666.33 from 0376-96763, Wellfield Expansion to
0376-96666, WWTP East Bypass and NE Pump. An additional transfer of
$328,045.06 from 0315-96611 (Sewer Revenue), Biosolids Treatment to 0315-
96666, WWTP East Bypass and NE Pump for total transfers in the amount of
$436,987.68.
Work Session 2012-01-09 12
Sufficient funds are available in 0315-96666, WWTP East Bypass and NE Pump
in the amount of $100,000.00 to fund the remaining balance of the change order
and Supplemental work order for total funding in the amount of $536,987.68.
8.2 Approve Change Order 1 to Wharton-Smith, Inc., for the Marshall Street WRF
Rapid Sand Filter Rehabilitation Project in the amount of $455,222.52, for a new
contract amount of $2,889,041.76 and authorize the appropriate officials to
execute same. (consent)
The Sand Filter rehabilitation project includes replacement of underdrain cores
and grating for 2 ½ of the 12 filters. As the contractor has brought the old filters
off line and inspected their components, it was discovered the filter underdrain
cores and grating have deteriorated more than anticipated. This change order
covers complete replacement of all the underdrain cores and grating in the plant's
twelve filters. Replacement of the filter components will increase reliability and
efficiency in reducing total suspended solids (TSS) in the secondary clarifier
effluent prior to discharge to Stevenson's Creek. These filters were installed in
1988.
All the material included in this change order will be procured under Owner Direct
Purchase (ODP) guidelines, realizing a sales tax savings of just under $20,000.
The Public Utilities Department shall own and maintain the proposed
improvements included in this Change Order.
Sufficient funding is available in Capital Improvement Program project 0315-
96664, Water Pollution Control R and R, in the amount of $455,222.52 to fund the
change order.
8.3 Award a contract (purchase order) to Restocon Corporation, of Tampa, Florida,
to restore the Municipal Services Complex (MSC) and Garden Avenue Parking
Garages in the amount of $557,610.33, which is the lowest responsible bid
received in accordance with plans and specifications, and authorize the
appropriate officials to execute same. (consent)
The project includes restoration of two City owned Parking Garages based on a
Final Condition Appraisal from May 2011. The scope of work is focused on the top
tier of each garage for concrete and waterproofing repairs. The MSC garage work
also includes replacement of light fixtures, bearing pad repairs, plumbing
improvements, replacement of barrier cable, and striping. Restocon is the low
bidder by ~3%. The City received seven bids for the project ranging from
Work Session 2012-01-09 13
$557,610 to $966,527 with the average being $718,680. Tim Haahs and
Associates, the design consultant for this project, along with City staff, developed
a project specific pre-qualification to bid application process to ensure bidding
contractors had adequate skill and experience to complete this project. Tim Haahs
and Associates has reviewed Restocon's bid and has provided a recommendation
of award. The City's Construction group will inspect and manage the project
during the construction phase.
The construction phase is anticipated to take 4 months and is scheduled for
completion by June 31, 2012. Parking Division will own and maintain the
proposed improvements included in this contract.
Sufficient funding is available in Capital Improvement Program project 0315-
92632, Parking Garage Structure Repair.
8.4 Approve the amendment to the conditions for the vacation of a portion of First
Avenue (a.k.a. First Street per field) and pass Ordinance 8308-12 on first
reading.
Ordinance 7371-05, adopted by City Council on March 3, 2005, provided for the
vacation of a portion of First Avenue, subject to certain conditions, in support of
planned development by K and P Clearwater Estate, LLC (the Developer). Three
ordinances have since been adopted at the Developer's request to extend the
commencement date for vertical construction; most recently granting an extension
until February 11, 2012. The Developer has dedicated Second Street, a public
right-of-way, effectively providing a substitute for the vacated First Street. The
proposed Ordinance 8308-12 provides for the elimination of most of the conditions
associated with the vacation of First Street. However, Developer will still be
required to complete relocating all utilities.
8.5 Approve the amendment to the conditions for the vacation of a portion of
Gulfview Boulevard and pass Ordinance 8309-12 on first reading.
Ordinance 7372-05, adopted by City Council on March 3, 2005, provided for the
vacation of a portion of Gulfview Boulevard, subject to certain conditions, in
support of planned development by K and P Clearwater Estate, LLC (the
Developer). Two ordinances have since been adopted at the Developer's request
to extend the commencement date for vertical construction; most recently granting
an extension until February 11, 2012. The Developer has been coordinating with
City staff to amend the associated development agreement and has requested an
additional extension for the commencement date for vertical construction. The
proposed Ordinance 8309-12 provides for vertical construction to begin within four
(4) years of the effective date of this ordinance.
Work Session 2012-01-09 14
9. Planning
9.1 Approve the annexation, initial Future Land Use Map designations of Residential
Low (RL), Preservation (P) and Drainage Feature Overlay and initial Zoning
Atlas designations of Low Medium Density Residential (LMDR) and Preservation
(P) districts for 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive;
1725, 1729, 1734, 1737 and 1740 Grove Drive; 1752 and 1759 Lucas Drive;
1807 and 1843 Marilyn Drive; 1808, 1836 and 1845 Skyland Drive; 2826 State
Road 590; 2734 and 2747 Terrace Drive; and 1745 and 1748 Thomas Drive (all
parcels are located in Section 05, Township 29 South, Range 16 East); and pass
Ordinances 8303-12, 8304-12 and 8305-12 on first reading. (ATA2011-08003)
The City of Clearwater Planning and Development Department has identified an
area within the Clearwater Planning Area with a large concentration of properties
with Agreements to Annex (ATAs) that are eligible for annexation. These
properties are located east of U.S. Highway 19, north of State Road 590 and
south of Sunset Point Road. Subdivisions in this area include Virginia Grove
Terrace and Carlton Terrace. The Department has identified a total of 189
properties in this area that could be annexed through a phased approach over
the next several years.
This application, which has been identified as Phase D of the overall annexation
project, includes 22 of the 189 properties. Current or previous owners of these
properties entered into ATAs between 1983 and 2005 to obtain sanitary sewer
service. The Planning and Development Department is initiating this project to
bring the properties into the City’s jurisdiction in compliance with the terms and
conditions set forth in the agreements. The Phase D properties are occupied by
22 detached dwellings on 4.27 acres of land. It is proposed that approximately
1.37 acres of right-of-way throughout this area on Diane Drive, Evans Drive,
Grove Drive, Lucas Drive, Marilyn Drive, Skyland Drive, Terrace Drive and
Thomas Drive right-of-way not currently within the city limits also be annexed
(please refer to the attached annexation map for the specific locations). It is
proposed that the 22 properties be assigned a future land use map designation
of Residential Low (RL). A major drainage ditch traverses two of these properties
(1716 Evans Drive and 2734 Terrace Drive) for which the Preservation (P) and
Drainage Feature Overlay designations are proposed consistent with the ditch
boundaries. It is proposed that all parcels be assigned the zoning designation of
Low Medium Density Residential (LMDR) District. In addition, it is proposed the
two properties with the drainage ditch also be assigned the Preservation (P)
zoning category.
The Planning and Development Department has determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
Work Session 2012-01-09 15
· The properties currently receive sanitary sewer service from the City and
water service from Pinellas County. Collection of solid waste will be provided
by the City. The properties are located within Police District III and service will
be administered through the district headquarters located at 2851 N.
McMullen Booth Road. Fire and emergency medical services will be provided
to these properties by Station 48 located at 1700 Belcher Road. The City has
adequate capacity to serve the properties with solid waste, police, fire and
EMS service. Water service will continue to be provided by Pinellas County.
The proposed annexations will not have an adverse effect on public
facility levels of service; and
· The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
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 Residential Low (RL), Preservation (P) and Drainage Feature
Overlay Future Land Use Map categories are consistent with the current
Countywide Plan designation of the properties. The Residential Low (RL)
designation primarily permits residential uses at a density of 5.0 units per
acre. The Preservation (P) and Drainage Feature Overlay categories
proposed to be applied to two properties (1716 Evans Drive and Terrace
Drive) recognize the watershed and drainage feature on the properties. The
proposed zoning districts to be assigned to the properties are the Low
Medium Density Residential (LMDR) District and Preservation (P)
District. The uses of the subject properties are consistent with the uses
allowed in the Low Medium Density Residential (LMDR) District. All of the
properties meet the minimum dimensional requirements of the Low Medium
Density Residential (LMDR) District; therefore, the proposed annexation is
consistent with the Countywide Plan, Clearwater Comprehensive Plan, and
Clearwater Community Development Code; and
· The properties proposed for annexation are contiguous to existing City
boundaries along at least one property boundary; therefore, the annexations
are consistent with Florida Statutes Chapter 171.044.
Work Session 2012-01-09 16
9.2 Approve the first amendment to the first amended and restated Development
Agreement between K and P Clearwater Estate, LLC (the property owner) and
the City of Clearwater, adopt Resolution 12-02, and authorize the appropriate
officials to execute same.
The 2.75 acres is located directly south of Pier 60 between Coronado Drive and
South Gulfview Boulevard, north of Second Street.
The subject property is currently vacant, but used as a temporary city public
parking lot.
On October 21, 2008, the CDB approved FLD2008-05013. This application
consisted of a “resort hotel” containing 250 overnight accommodation rooms and
200 interval ownership/timeshare rooms – a total of 450 rooms (163.6
rooms/acre on total site) with 250 rooms being granted to the project from the
Destination Resort Density Pool, and a maximum of 37,000 square feet (0.31
FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to
roof deck). Also included with the application was the vacation of the former
pedestrian bridge landing area right-of-way on the northwest corner of the site
and the dedication of additional right-of-way at the intersection of S. Gulfview
Boulevard and Coronado Drive.
At its meeting of December 18, 2008, the City Council approved the companion
Development Agreement (DVA2008-00001) to the above FLD application. In
addition to addressing those elements directly associated with the new
development approval, the amendment also reestablished the “Effective Date” of
the Development Agreement – extending the overall life of the agreement until
April 2019, but more importantly extending the developers deadline to
commence construction until February 11, 2012.
The proposed amendment 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 Development
Agreement will be in effect for a period not to exceed ten (10) years and includes
the following main provisions:
· Clarifies that the applicant is no longer seeking interval
ownership/timeshare use for the units/rooms;
· Provides a breakdown of the floor area dedicated to meeting space as
Exhibit O;
· Deletes a paragraph pertaining to interval ownership/timeshare units
Work Session 2012-01-09 17
having to be depicted on the development plan (Exhibit B);
· Adds language to three sections of the Development Agreement stating
that the applicant is requesting an extension of the Effective Date from
February 11, 2009 to on or about February 11, 2012. Based upon this
change, the applicant shall have an additional three years during which
they must commence construction or lose the 250 overnight
accommodation units having been received from the Destination Resort
Density Pool.
The Community Development Board reviewed this Development Agreement
application (DVA2008-00001A) at its public hearing on December 20, 2011 and
unanimously recommended approval of the application.
The City Attorney said the additional changes negotiated relate to the conditions of the
extension and are contained in the performance assurance milestone provision. The
developer will be required to provide a $ 1million-deposit to an interest bearing escrow
account; provide an executed contract with an architect for the development; when the
building permit application is filed, the developer will be entitled to a $500,000 refund of
the second deposit required in 2013. The developer is also required to close on a
construction loan prior to commencement.
Staff was directed to include criteria for credentials should a flag hotel not be obtained.
9.3 Deny a Future Land Use Map Amendment from the Institutional (I) classification
to the Industrial Limited (IL) classification and a Zoning Atlas amendment from
the Institutional (I) District to the Industrial, Research and Technology (IRT)
District, and a Development Agreement between AEC Sunset Point, LLC (the
property owner) and the City of Clearwater for property located at 2750 and 2754
Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdivision); do not
pass Ordinances 8294-12and 8295-12 on first reading and do not pass
Resolution 12-01. (LUP2011-09003, REZ2011-09006 and DVA2011-10001)
This Future Land Use Map amendment, rezoning application and development
agreement involve the northeastern portion of 2750 and 2754 Sunset Point
Road, totaling 6.571 acres of a 19.42 acre property, located on the north side of
Sunset Point Road, approximately 477 feet west of Soule Road. This property
has a future land use classification of Institutional (I) and is in the Institutional (I)
zoning district. The applicant is requesting to amend the future land use
classification to Industrial Limited (IL) classification and the zoning designation to
Work Session 2012-01-09 18
Industrial, Research and Technology (IRT) District.
The subject site was formerly owned by the Clearwater Elks Lodge and operated
as such until 2000; in 2002 the site was sold to AEC Sunset Point, LLC. The
property currently has two buildings (6,840 square feet and 3,664 square feet),
one on each parcel, with small parking lots and driveways to the buildings, which
traverse the length of the property and connect to Sunset Point Road. The
property owner intends to expand the current nonconforming manufacturing use
to 130,000 square feet.
The Planning and Development Department has determined that the proposed
Future Land Use Map amendment and Zoning Atlas amendment is inconsistent
with the Community Development Code as specified below:
· The proposed amendment is inconsistent with the Comprehensive
Plan, the Countywide Plan Rules, and the Community
Development Code.
· The proposed amendment conflicts with the character of the
neighborhood.
· The available uses in the Industrial, Research and Technology
(IRT) District are incompatible with the surrounding area.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The application is
a small-scale amendment, so review and approval by the Florida Department of
Economic Opportunity is not required.
The applicant is requesting approval of a Development Agreement in conjunction
with the proposed Future Land Use Map amendment and Zoning Atlas
amendment. Manufacturing use of up to 130,000 square feet of non-residential
floor area (0.45 Floor Area Ratio) at a maximum height of 35 feet is proposed,
whereas the Community Development Code would allow 186,051 square feet
(0.65 Floor Area Ratio) at a maximum height of 50 feet. The proposed
Development Agreement will be in effect for a period not to exceed twenty (20)
years and requires the Developer to limit the use of the property to offices,
outdoor retail sales, display and/or storage, research and technology use and
manufacturing. The proposed Agreement will prohibit such uses as warehouse
facility, major vehicle service, adult uses, nightclubs and salvage yards.
Work Session 2012-01-09 19
The Planning and Development Department has determined that the proposed
Development Agreement is inconsistent with the City’s Comprehensive Plan.
The Community Development Board reviewed these applications at its public
hearing on December 20, 2011 and recommended approval (6-1) of the Future
Land Use Plan amendment, Zoning Atlas amendment and Development
Agreement.
In response to questions, Planner Catherine Lee said the preservation land is owned by
Aviation Engineering Consultant (AEC). AEC is proposing a conservation a perpetual
conservation easement. The City Attorney said AEC will continue to be responsible for
the conservation easement; the City does not own the easement. Assistant City
Attorney Leslie Dougall-Sides said the comprehensive plan amendment and
development agreement would be appealable through the circuit court and the
development agreement would be appealable through a hearing officer.
9.4 Approve amendments to the Community Development Code to permit patrons
dogs within certain designated outdoor portions of public food service
establishments and establish criteria and permits for Dog Friendly Dining, and
Pass Ordinance 8306-12 on first reading. (TA2011-10002)
City Council requested that staff prepare a text amendment allowing the presence
of patrons' dogs in restaurants and/or outdoor cafes consistent with Florida
Statutes Section 509.233, the "Dixie Cup Clary Local Control Act." The proposed
amendment creates a new Article III, Division 25, Dog Friendly Restaurants,
which contains: application requirements, expiration and revocation provisions;
regulations for establishments that receive permits to allow dogs in designated
outdoor areas to follow; and a process for complaints and reporting of permits to
the Florida Department of Business and Professional Regulation, Division of
Hotels and Restaurants.
The Community Development Board reviewed the proposed text amendments at
their meeting on December 20, 2011 and unanimously recommended approval of
Ordinance 8306-12.
In response to a concern, the City Attorney said the proposed ordinance includes
provisions that are required by the State of Florida. The City does not have an animal
control department; licensing will handle the permits. Assistant City Attorney Leslie
Work Session 2012-01-09 20
Dougall-Sides said all noticing and hand sanitation requirements are the same as set
forth in Florida Statutes.
9.5 Approve amendments to the Community Development Code (CDC) to address
general application requirements, zoning atlas amendments, landscape plans,
general provisions of the CDC, setbacks for parking lots, parking demand
studies, temporary uses, business tax receipts, development agreements,
nonconforming structures, nonconforming uses, nonconforming lots,
nonconforming accessory use/structures, and the definition of temporary retail
sales and displays and pass Ordinance 8310-12 on first reading.
The Planning and Development Department is proposing a text amendment to
the Community Development Code (CDC) that would address some of the
simpler or more straightforward changes that can be made to address the
recommendations of the Business Task Force (BTF) or that would otherwise
assist in fulfilling their goals as well as a few amendments proposed by staff.
The proposed ordinance includes amendments addressing a variety of different
sections of the CDC. As noted above, some of the amendments were
recommended by the BTF while others were initiated by staff. The following is a
brief description of those amendments:
General Application Requirements for All Development Applications
The BTF identified several items that were required in order to file virtually
any application for development that they believed to be unnecessary. Staff
held discussions with members of the BTF to discuss these requirements and
many of the items they suggested be removed from the typical list of
requirements are proposed to be removed with this amendment.
Application Requirements for Zoning Atlas Amendments
This amendment eliminates the need for a development application to be
made concurrently with a rezoning request.
Application Requirements for Landscape Plans
This amendment strikes much of the existing language pertaining to what is
required on a landscape plan and provides a reference to additional
information that the Community Development Coordinator may require of an
application.
General Provisions
This amendment strikes references to minimum lot depth and minimum
habitable area, neither of which are required within the CDC.
Work Session 2012-01-09 21
Parking Lot Setbacks
In an effort to provide for a simpler application process, staff is proposing that
setbacks relevant to parking lots be exempted from the standard setbacks
established in the various zoning districts and instead require a 15-foot front
setback and a side setback equal to the required perimeter landscape buffer
with alternatives for properties in the Tourist (T) and Downtown (D) Districts.
Parking Demand Studies
This amendment modifies when applicants are required to prepare a parking
demand study in conjunction with a request to reduce the amount of off-street
parking required by the CDC.
Temporary Uses
The purpose of this amendment is to restate the temporary use provisions in
a manner that will provide all applicants’ greater clarity in what is permissible
and what is required in order to apply. The proposed amendment neither
deletes nor adds any type of temporary use.
Business Tax Receipts
This language presently exists as part of Section 4-202.A; however with the
changes being proposed to this Section, it was out of place if it were to
remain. Therefore, it is being relocated into Section 4-205, which is specific to
Business Tax Receipts.
Application Requirements for Development Agreements
This amendment makes only minor alterations to a pair of references in the
existing language.
Purpose of Nonconforming Provisions
The purpose of this amendment is to restate the purpose of the
nonconforming provisions, and to make it clear that the purpose of the CDC
is not to encourage nonconformities to continue but to bring them into
compliance.
Nonconforming Structures
This amendment removes irrelevant language, language contrary to the
purpose of these provisions, and language that is prohibitory to property
owners being able to rent/lease building space, as well as providing
additional language addressing an element not previously conceived in these
provisions: the moving of nonconforming structures.
Nonconforming Uses
This amendment removes irrelevant language, and provides additional
Work Session 2012-01-09 22
language addressing an element not previously conceived in these
provisions: the moving of nonconforming uses.
Nonconforming Lots
This amendment modifies subsection A to extend the applicability of the
provision to all lots within the City and not just residential lots. Subsection B
will function as an exception for residential lots with only minor corrections
being proposed.
Nonconforming Accessory Uses/Structures
This amendment clarifies that an accessory structure is required to meet the
development standards for a principal use in order to be allowed to continue
after the principal use of the property is abandoned or destroyed.
Definition of Temporary Retail Sales and Displays
This amendment removes language from the definition of temporary retail
sales and displays that is not relevant this type of temporary use.
The CDB reviewed the proposed text amendment at its meeting of December
20, 2011 and unanimously recommended approval.
9.6 Approve a Work Order to HDR Engineering, Inc. of Tampa, Florida for services
pursuant to Clearwater RFP 33-10, Clearwater Greenprint: A Framework for a
Competitive, Vibrant, Green Future Phase II U.S. 19 Corridor Redevelopment
Plan, as described in the Scope of Services for a lump sum fee of $131,185, and
authorize the appropriate officials to execute same. (consent)
This Planning and Development Department project will result in a corridor
redevelopment plan for U.S. 19, addressing future growth demands and the
ability of the corridor to accommodate all facets of that new growth. Work
products will assist the City in successfully implementing components of
Clearwater Greenprint (Phase I) and the 2011 Economic Development Strategic
Plan.
The U.S. 19 Corridor Redevelopment Plan will include:
· Assessment of existing conditions of the corridor (e.g., form and
character, vehicle access and circulation), documented in pictures, maps,
and narrative;
· Analysis of market conditions affecting development, resulting in a matrix
of feasible real estate development potential over near, mid, and long
terms;
· Plan for redevelopment including preferred mix of intensity-density of
future land uses and site studies to illustrate how specific development
programs, design concepts, mobility enhancements, and sustainability
Work Session 2012-01-09 23
strategies may be applied to up to four selected sites along the corridor;
· Land use and zoning strategies to guide development;
· Proposed standards and guidelines to guide the form and design
character of redevelopment and illustrations of how specific strategies,
development programs, and design concepts could work in selected
areas;
· Mobility and connectivity strategies and recommendations; and
· Effective, achievable methods—policies, incentives, and public
investments—to promote context sensitive, energy efficient development
on vacant and underutilized sites.
On October 12, 2011, the City issued Request for Proposal (RFP) #33-11 for the
project that requested the consultant engage the public, property owners, and
businesses to develop recommendations to address the following objectives:
· Translate the broader vision of Clearwater Greenprint into a plan that will
guide the future growth, development, and investment in an energy
efficient manner along U.S. 19;
· Address related land use issues identified within the city’s 2011
Economic Development Strategic Plan to support future economic growth
in a sustainable development pattern;
· Develop specific land use and zoning recommendations and/or revisions
to implement the 2011 Economic Development Strategic Plan;
· Foster land use and transportation planning by strengthening linkages
between U.S. 19, adjoining neighborhoods, future transit locations (e.g.,
future BRT), and design of public and private spaces; and
· Develop standards and incentives for energy-efficient design of new
development, reuse and infill development, and supporting infrastructure
within the corridor.
Notice of the RFP was posted on the City’s website on October 12, 2011,
advertised in the St. Petersburg Times on October 20, 2011, posted online by
the American Planning Association (APA) and APA Florida Chapter, and mailed
directly to three national firms.
Five firms submitted proposals by the November 14, 2011, proposal deadline
including: 1) HDR (Tampa); 2) IBI Group (Florida) Inc. (Tampa); 3) Stantec
(Tampa): 4) Tindale-Oliver and Associates, Inc. (Tampa); and 5) Wade Trim, Inc.
(Tampa).
On November 21, 2011, the City’s Evaluation Committee short-listed HDR,
Tindale-Oliver and Associates, and Wade Trim. References were checked and
the firms were invited to present their qualifications and project approach to the
Evaluation Committee on December 6, 2011. The firms were ranked using a
point system with five criteria: Project Approach (30 points); Public
Work Session 2012-01-09 24
Outreach/Involvement (25 points); Qualifications and Experience (25 points);
Schedule (20 points); and Value (10 points).
The top ranked firm was HDR. HDR, partnered with Robert Charles Lesser and
Company (RCLCO) and the University of Florida’s Program for Resource
Efficient Communities (UF PREC), demonstrated strong capabilities in planning,
transportation, and energy efficiency, and real estate/economic analysis (e.g.,
community sustainability visioning, corridor studies, economic and
redevelopment strategies). The project team demonstrated a high understanding
of the connection between Clearwater Greenprint and the 2011 Economic
Development Strategic Plan, and presented an approach involving a variety of
stakeholders (e.g., listening sessions, key leader briefings, market potentials
workshop, public workshops) to develop a detailed plan to guide public and
private investment over a 20-year time frame in an energy-efficient manner.
Additionally, HDR has working knowledge of City operations and staff, as well as
working relationships with governmental agencies that will participate in the
planning and adoption processes (e.g., Pinellas County MPO, Pinellas Planning
Council, FDOT and TBARTA).
The Evaluation Committee recommends that the City Council award the contract
to HDR. The project will be funded using the remaining U.S. Department of
Energy Block Grant funding (Phase 2) awarded on September 21, 2009. HDR is
an Engineer of Record, so the project will be processed as a work order to the
existing contract. The scope of services with HDR addresses the U.S. 19
Corridor Redevelopment Plan for a lump sum fee of $131,185.
10. Official Records and Legislative Services
10.1 Appoint one member to the Parks and Recreation Board with term to expire
January 31, 2016.
Concern was expressed that Mr. Whitcomb is currently serving a second term and his
application is the only one on file. It was suggested the item be continued, as the board
is not scheduled to meet until April, providing council an opportunity to seek additional
applicants.
Item pulled.
A concern was expressed that the Building Flood Board of Adjustments and Appeals
could not hold its last meeting due to lack of quorum. Staff was directed to increase
membership for one alternate member.
Work Session 2012-01-09 25
11. Legal
11.1 Adopt Ordinance 8307-12 on second reading, amending Chapter 32, Utilities,
Section 32.182, and renumbering subsections accordingly, and amending
Appendix A, Article XXV, Public Works Fees, Rates and Charges, Section
(1)(c), Clearwater Code of Ordinances, regarding sewer services outside the
corporate limits of the city.
12. City Manager Verbal Reports
12.1 NAACP request: Name Change of the North Greenwood Recreation and
Aquatics
In response to a question, Parks and Recreation Director Kevin Dunbar said the facility
is a recreation center, not a community center. Mr. Dunbar requested that consideration
be given to the established policy for naming facilities.
12.2 Pickles Request
The City Attorney said Pickles has requested a 3-month extension to stay in the
Harborview Center. Staff requested Pickles payback a pro-rated share of the money
the City has paid them; Pickles declined the option.
There was no consensus to pursue a lease extension.
13. Council Discussion Items
13.1 Greenprint Community Gardens - Councilmember Jonson
Discussion deferred to Thursday’s council meeting.
14. Closing Comments by Mayor – None.
15. Adjourn
The meeting was adjourned at 12:44 p.m.
Work Session 2012-01-09 26