05/14/2012 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
May 14, 2012
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson — Departed at 4:25
p.m., and Councilmember Jay E. Polglaze.
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.
Mayor George N. Cretekos called the meeting to order at 1:00 p.m. at City Hall.
1. Presentations — Given.
1.1 Service Awards
Two service awards were presented to city employees.
The May 2012 Employee of the Month Award was presented to Todd Kuhnel, Public
Utilities. The May/June 2012 Bimonthly Team Award was presented to the Solid Waste
Roll-off Team: Mark Beery, Jim Hawkins, Rick Ottinger, Josh Baxter, Louis "Chip"
Beam, Ernesto Rodriguez, Barry Slack, Andy Wirh and Gerry Grace.
The Council recessed from 1:05 p.m. to 4:01 p.m. to meet as the Pension Trustees and
Community Redevelopment Agency.
2. Office of Management and Budget
2.1 Budget Hearing Dates (WSO)
Public Hearing Dates - September 2012
• The first public hearing must be held between September 3rd and
September 18th.
• Public hearings cannot be scheduled on the hearings dates of the Pinellas
County Commission or School Board.
o September 6 - County Commission.
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• September 11 - School Board
• September 18 - County Commission
• The City's current schedule for September City Council meetings is
September 6th and September 20th. The September 6th Council meeting
date is in conflict with the TRIM calendar criteria.
Possible Solutions:
1) Maintain the current City Council meeting schedule, and set a special meeting
date of possibly September 5th for the first public budget hearing only. The
budget hearings would then be September 5t" and September 20tH
2) Reschedule both September City Council meetings to September 13th and
27th and hold the public hearings on those evenings.
The second public hearing must be held within 20 days of the first public hearing;
Note - At the March 12, 2012 Work Session, there was council consensus to
move the September 6 council meeting to September 5 and hold the budget
hearing on same date.
There was consensus to hold a Special Council Meeting on September 4, 2012 at 6:00
p.m.
2.2 Review the current Penny for Pinellas project list for fiscal years 2012/13 through
2019/20. (WSO)
Budget Director Tina Wilson reviewed the scheduled Penny for Pinellas III budget
priorities. The public hearing will be held in September. Ms. Wilson said staff proposes
to move $2,350,000 from the Youth Sports Field Renovations to the Sid Lickton
Complex Renovations. Change will leave a deficit in Fiscal Year 2014/2015 and
suggested considerations be given to what priorities may move to 2016 in order to make
up the shortfall.
3. Economic Development and Housing
3.1 Provide direction regarding the placement of a referendum on the November 6,
2012 ballot that authorizes the City of Clearwater to grant ad valorem tax
exemptions to qualifying new and expanding businesses within the City of
Clearwater as an incentive for encouraging capital investment and creating new,
full-time mobs, pursuant to s. 3, Art. VII of the State Constitution and Section
196.1995 of the Florida Statutes. (WSO)
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The City of Clearwater's Economic Development Strategic Plan, presented to the
City Council in August 2011, calls for an improvement to the investment climate in
the City of Clearwater by developing the policies and tools for Clearwater to
compete for new private investment and jobs. Specifically, the plan states, "To be
competitive, the City of Clearwater must also creatively and judiciously utilize
targeted incentives to attract and retain valuable employers and to support
commercial development and revitalization." Strategy 2.2 outlines the use of
incentives and other tools to encourage desired development and specifies ad
valorem tax exemption as one of the tools the City should consider in its toolbox
to encourage economic development.
The State of Florida, under Section 196.1995 of the Florida Statutes, allows local
jurisdictions to create and implement an ad valorem tax exemption program to
encourage capital investment, job growth and other economic development
activities if that jurisdiction's voters allow the program via referendum.
In summary, the law allows counties and municipalities to grant tax exemptions
only on the value of eligible new improvements to real and tangible property for
businesses that create jobs in targeted industries or areas. This tool encourages
private sector investing by providing the tax exemption as an incentive that will
encourage new business to locate and existing business to expand within the City
of Clearwater. This tax exemption applies only to the improvements made to real
property and additions to tangible personal property and not the property as a
whole. The statute also defines the following:
• For economic developments purposes on new business and expansions, a
city may grant exemptions for up to 10 years of ad valorem taxes
• The exemption may be granted for up to 100 percent of the assessed value
of eligible improvements to real and tangible property for qualifying
targeted businesses
• Target industries are defined by Florida statutes and mainly include:
manufacturing, corporate headquarters, professional services / research
and development, information technology, financial services, multi-state /
multi-national distribution, business services
• Eligible business types require minimum new jobs creation requirements as
follows: manufacturing (10), out-of-state/international exports sales (25),
and office (50)
• The average wage for such new jobs must be above the average wage in
the area
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• Businesses located within a Brownfield area or enterprise zone could have
more flexible minimum job creation requirements
• The municipality's authority to grant the exemption expires after ten years,
but may be renewed another ten years upon referendum approval
• The exemption only applies to taxes levied by the respective unit of
government granting the exemption
• Each request must be approved by ordinance of the local government
• New or existing businesses must reapply annually for the exemption and
provide a status report to ensure they are still in compliance with the tax
exemption requirements
• The municipality may revoke the exemption if the applicant fails to meet the
agreement expectations
• Working within the above parameters, there is flexibility to target the
exemption program to align with city economic development objectives
• Program details can be defined via ordinance after referendum approval
Over 38 counties and 20 cities in Florida have passed referendums for this
purpose. In the Tampa Bay region, Hillsborough, Polk and Sarasota counties and
the cities of Tampa and St. Petersburg have passed referendums. Pinellas
County and other jurisdictions in Pinellas County are considering this program as
well.
In order for Clearwater to be competitive with other jurisdictions, not only in the
Tampa Bay region but statewide, staff is recommending that the city also pursue
creating this tax exemption program as one the tools available for economic
development to attract new private investment and create new, full-time jobs. As
the city has seen significant erosion in its local business base and loss of jobs as
a result of the economic downturn, a tax exemption program would make
Clearwater more attractive for economic development projects. This program
would be an additional tool to help regain a competitive edge in business
attraction and expansion.
Staff is therefore recommending the placement of a referendum on the November
ballot that, if approved, would allow the city to grant ad valorem tax exemptions to
targeted business.
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If the referendum passes, then the city has the authority to adopt by ordinance the
specifics of the ad valorem tax exemption program.
Below is the proposed timeframe for the referendum and program adoption, if
approved:
June 20 First reading of Ordinance for ballot language
July 19 Second reading of Ordinance for ballot language
August 3 Ballot language is due to the Supervisor of Elections
November 6 Referendum
Spring 2013 Program adoption by City Council (via Ordinance)
In addition to developing the ballot language, staff will also need to prepare and
conduct an education campaign to inform voters of this initiative.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said the City has lost 19% of jobs since 2006. Staff is recommending
implementing a 75% tax exemption cap. Ms. Campos Lopez said staff is
recommending the program be citywide. Assistant City Manager Rod Irwin said the
proposed program will not be highly utilized in Clearwater; the program will augment the
city's toolbox to attract large businesses.
There was consensus for staff to move forward with drafting a referendum question for
council consideration.
4. Financial Services
4.1 Increase the residential and commercial Stormwater Utility rate to $13.40 per
Equivalent Residential Unit (ERU) beginning October 1, 2012; to $13.77 per
ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, 2014;
to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning
October 1, 2016 and Pass Ordinance 8330-12 on first reading.
Burton and Associates' (BA) 2008 revenue sufficiency and financial forecast
analysis showed that an increase of 4.25% was needed for fiscal year 2013
($13.59). Due to project management and operating savings, the 2012 B and A
revenue sufficiency analysis shows that the need for Fiscal Year (FY) 2013 can
be reduced to $13.40, a 2.75% increase instead of the 4.25% approved in 2008,
with additional 2.75% increases needed for FY2014 ($13.77), FY2015 ($14.15)7
FY2016 ($14.54) and FY2017 ($14.94). Without reliable information regarding the
effects of the proposed regulations on Numerical Nutrient Criteria (NNC) the
current rate study does not project the need for any revenue bond issuances in
the foreseeable future. The effect on the Utility's rates and borrowing needs will
be revisited with a follow-up rate study in the spring of 2013.Since the 2008 rate
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increases were passed, several significant flood control and water quality projects
have been completed or are underway, including: Beach Walk, Alligator Creek
Wetlands Creation, Alligator Creek Channel G, Alligator Creek Channel F, Lake
Bellevue, Tropic Hills Phase I and Tropic Hills Phase II.
Individual projects will be presented to the Council for development approval.
5. Human Resources
5.1 Approve the Memorandum of Understanding between the City and City of
Dunedin allowing for the use of the City of Clearwater Employee Health Center
by employees, retirees, and their dependents under the City of Dunedin medical
plan, in a cost-sharing arrangement that will allow for an increase in facility staff
and hours of operation while providing for savings of approximately $50,100 in
the form of revenue to the City of Clearwater and authorize the appropriate
officials to execute same. (consent)
Since July 6, 2010, the City has contracted with CareATC to operate an onsite
medical clinic for City employees, retirees, and their dependents covered under
the City's medical insurance. Upon opening the Employee Health Center, the City
anticipated there could be future opportunities for partnering with other entities in
the use and operation of the clinic, which might help to defray some of the City's
costs.
Recently, the City was approached by representatives from the City of Dunedin
requesting to enter into an arrangement with the City of Clearwater that would
allow Dunedin's employees, retirees, and dependents under their medical plan to
utilize Clearwater's Employee Health Center. With the size of the Dunedin
employee population at just over 300, they determined that opening a clinic of
their own would not be practical and that a partnership with Clearwater could be
beneficial to both parties. Representatives from both organizations subsequently
prepared a Memorandum of Understanding providing for Dunedin's use of
Clearwater's facility.
Under this MOU, the City of Dunedin will be billed directly for services such as
CareATC administration fees, Personal Health Assessments, prescription
medications, labs and radiology. Dunedin will be invoiced by Clearwater and
share in the cost for items such as medical staff costs, general medical and office
supplies, and the rent, utilities, and maintenance services for the facility. The
items for which the parties will share the cost will be pro-rated based on the
respective percentage that each agency's number of employees comprises of the
total number of employees combined between the two agencies. In accordance
with such, Dunedin's percentage of the cost of the shared items will be no less
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than 17%. At the end of each year, the parties will review Dunedin's participant
utilization rate and will adjust Dunedin's shared cost proportionally if their
utilization is found to exceed 17% of the total participant utilization. In addition,
Dunedin will remit to Clearwater a monthly fee of$3.00 per eligible employee in
consideration for their use of the clinic and the administrative oversight that will
continue to be borne by Clearwater. Last, Dunedin will also reimburse Clearwater
for a percentage of the clinic initial start-up costs.
The MOU further specifies that Dunedin will not enter into any agreement with
CareATC that will materially affect Clearwater's operations, liability or costs
associated with the Employee Health Center, and that Clearwater will retain the
final decision making authority on all matters involving the facility, clinic staffing,
operations, services, and expenditures or costs. The MOU will result in Clearwater
funding some of the shared items at a higher budgeted amount, but these costs
will be more than offset by the reimbursements received from Dunedin for the
shared items overall. If Dunedin's usage is proportional to Clearwater's, it is
estimated that the Dunedin reimbursements for the shared items and the per
member per month participant fee will produce approximately $50,100 net annual
savings in the form of revenue for the City of Clearwater, while allowing for the
expansion of the facility's operating hours and an increase in facility staffing.
The MOU was approved by the Dunedin City Council at the meeting held on May
3, 2012. The anticipated implementation date for Dunedin's utilization of the
facility is July 1, 2012. The partnership will result in the need for an amendment to
Clearwater's clinic budget in the amount of approximately $31,000 for the current
fiscal year to be funded from the Central Insurance Fund. However, the
anticipated Dunedin reimbursements for the three month period are expected to
offset that amount and produce approximately $10,000 net savings to the City of
Clearwater.
City of Clearwater Employee Health Center
Proposed Addition of Dunedin
Fiscal 2013
Estimated Fiscal 2013 Estimate Estimated Incremental Revenues from Dunedin:
Shared costs - $899,480 @ 17% $ 152,912 PMPM Fee 11,592
Incremental City Revenues 164,504 Estimated Incremental City
Expenditures:
Incremental staffing 105,000
Incremental other (office supplies, medical supplies) 9,400
Incremental City Expenditures 114,400
Estimated Net Surplus to City for Fiscal 2013 $ 50,104
5.2 Approve the Lease Modification Agreement between the City and Powell
Professional Center, LLLP, for the space designated as Suite 240, located in the
commercial building known as the Powell Professional Center at 401 Corbett
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Street, Clearwater, FL, for use by the City as an onsite medical clinic at a cost
not-to-exceed $125,000 for the three year period beginning July 1, 2013 and
ending June 30, 2016. (consent)
On July 1, 2010, the City entered into a lease agreement with Powell Professional
Center for a space to be used by the City as an onsite medical clinic for city
employees, retirees, and their dependents covered under the City's medical
insurance. The lease provides for the rental of a suite containing 2,677 rentable
square feet. The term of the initial lease was three years, commencing July 1,
2010 and ending on June 30, 2013. The operator of the City Employee Health
Center CareATC has requested the existing clinic space be modified to
accommodate the work needs of current staff and to provide for the ability to take
on additional staff. The City's Building and Maintenance division has provided an
estimate of$19,120 for the work needed to complete the requested renovation of
the space. Powell Professional Center has agreed to provide an allowance of
$19,120 toward the rental of the facility in return for an agreement by the City to
extend the lease an additional three years.
The current lease agreement provides the option for the City to cancel the lease
by providing two months written notice at any time after the first full lease year,
without penalty, if the reason is the closing of the medical clinic or moving of the
medical clinic into a city-owned property. This lease modification agreement would
revise that provision to require that the City reimburse Powell Professional Center
in the amount of$19,120 if the City moves its clinic from the current site to a City
owned facility during the extension period of the lease.
The current lease agreement provides for a rental rate of$3,786.71 per month,
with an escalation of 3% per year. This lease modification would also retain the
3% rate escalation provision. Funding is currently budgeted through the Central
Insurance Fund. The total cost for the three-year period, minus the allowance for
the renovation, will be $125,550. However, the cost will be reduced by 17% if the
Memorandum of Understanding providing for a partnership with the City of
Dunedin is approved.
5.3 City of Clearwater Employee Health Center Performance Presentation (WSO)
The City of Clearwater Employee Health Center, operated by CareATC, began
providing medical clinic services to City employees, retirees and their dependents
enrolled in the City's medical insurance in July 2010. This presentation
summarizes the performance of the EHC through December 2011, including
utilization, operating costs, and the savings that have been realized relative to the
claims that have been submitted under the City's medical insurance during that
time.
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Human Resources Director Joe Roseto provided a PowerPoint presentation.
6. Solid Waste/General Support Services
6.1 Award a contract (purchase order) to Equipco Manufacturing, Inc. in the amount
of$150,000 for the purchase of front-load containers, for period May 18, 2012
through May 17, 2013, as provided in the city's Code of Ordinances, Section
2.561 and authorize the appropriate officials to execute the same. (consent)
The City of Clearwater's Solid Waste Department collects waste from commercial
customers in front-loads containers. Although repairs are preformed on the front-
load containers, sometimes replacement is necessary. This contract is for the
purchase of front-load container replacements. During the late spring of 2011, the
Purchasing Department advertised a request for bids for the services described
above (Bid 24-11). Equipco Manufacturing, Inc. (Equipco) was awarded the
contract. During the past year, Equipco has provided quality containers and has
met department expectations.
Equipco has presented the city with a letter stating that they would hold their
pricing at the current level for the next twelve-month period (May 18, 2012 through
May 17, 2013). This will be the first renewal of an annual contract with the same
terms and conditions of the original contract. Funding for this contract is available
in capital project 315-96444, Commercial Container Acquisition.
6.2 Approve a pre-event contract to AshBritt, Inc of Deerfield Beach, Florida to
provide disaster recovery services during the contract period June 1, 2012
through May 30, 2015, per the City of Clearwater RFP 25-11, and authorize the
appropriate officials to execute same. (consent)
This contingency contract ensures that in the event of a natural or manmade
disaster, the City of Clearwater will have a contractor with the experience,
equipment, manpower, resources, permits and licenses to perform all disaster
related debris removal, remediation and disposal services. In addition, it allows
the City of Clearwater to remain eligible to receive federal grant funding for
disaster response and recovery activities in accordance with FEMA regulation
325. Specifically, the FEMA Public Assistance program provides assistance for
debris removal, implementation of emergency protective measures, and
permanent restoration of eligible facilities and infrastructure. The City of
Clearwater will have the option to extend the term of this contract for two
additional one-year periods upon written notice delivered at least sixty days prior
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to the expiration of the term or any extended term. Funding for contract
expenditures would be paid from project 181-99927, Emergency Operations.
6.3 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL
in the amount of$287,500 for hauling yard waste from the city's solid waste
facility to the contractors facility, for period May 20, 2012 through May 19, 2013,
as provided in the city's Code of Ordinances, Section 2.561 and authorize the
appropriate officials to execute the same. (consent)
The City of Clearwater's Solid Waste Department collects yard waste from
commercial and residential customers. This yard waste is transported by city
vehicles to the city's state-permitted yard waste transfer facility located at 1701
North Hercules Avenue and it is subsequently loaded in the contractor's
tractor/trailer for hauling. Once at the contractor's facility, it is shredded for
composting.
The specifications for the yard waste hauling bid included a description of yard
waste (loose or bagged grass clippings, loose or bagged leaves, tree trimmings,
logs, stumps, other vegetative material, and small amounts of rocks and soil),
trailer requirements and availability, hauler duties, and billing requirements. It was
estimated that 10,000 tons will be hauled annually, and the only price to be
charged for this service will be a per ton price.
During the spring of 2011, the Purchasing Department advertised a request for
bids for the services described above (Bid 20-11). Sage Eco Solutions, Inc.
(Sage) was awarded a contract for the time period of May 20, 2011 through May
19, 2012. During this past year, Sage has provided excellent service to our Solid
Waste Department.
Sage has presented the city with a letter stating that they would hold their pricing
at the current level for the next twelve-month period (May 20, 2012 through May
19, 2013). This will be the first renewal of an annual contract with the same terms
and conditions of the original contract.
7. Engineering
7.1 Approve the rescinding of Ordinance 7650-06, which vacated a utility easement
and alley in the 1900 block of Edgewater Drive, more particularly described
therein; and pass Ordinance 8328-12 on first reading.
City Council passed and adopted Ordinance 7650-06 on July 20, 2006, vacating
a utility easement and alley in the 1900 block of Edgewater Drive. The ordinance
was adopted subject to certain conditions that were never satisfied and the
allotted time for the satisfaction of these conditions has expired. The ordinance
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expressly states that if conditions are not met within the allotted time, "this
ordinance will thereafter be null and void in all respects as though never adopted."
In the interest of leaving a clear chain of title to real property, staff recommends
approval of a corrective ordinance. Ordinance 8328-12 will rescind Ordinance
7650-06 leaving no uncertainty that the vacation of the alley and utility easement
described therein it is null and void.
7.2 Approve a Work Order to Engineer of Record (EOR) Cumbey and Fair, Inc, of
Clearwater, Florida, in the amount of$244,432.60, for engineering design and
permitting services, for Smallwood Circle Drainage Improvements Project (11-
0057-EN); additional funding in the amount of$50,000, and authorize the
appropriate officials to execute same. (consent)
October 20, 2011, City Council approved a cooperative funding agreement with
Southwest Florida Water Management District (SWFWMD) for Stormwater
Improvements - Flood Protection- Smallwood Circle Project (N359). The Project
was identified in the 2001 District funded Stevenson Creek Watershed
Management Plan and SWFWMD will fund 50% of the design work order. The
system is located between Highland Avenue to the west, Drew Street (SR 590) to
the south, Hobart Avenue to the east and Walnut Street to the north. The Project
consists of removal and replacement of approximately 3,000 linear feet of pipe,
which is near the end of its lifecycle and conveys the runoff from approximately
100 acres. This project will reduce the flooding potential for the project area and
provide water quality benefits by the installation of a baffle box to collect pollutants
in the stormwater runoff.
A midyear budget amendment will transfer $50,000 of Stormwater Revenue from
Capital Improvement Program project 0315-96169, Stevenson Creek, to 0315-
96178, Smallwood Circle, to fund the work order and other necessary expenses
with total funding in the project in the amount of$300,000.
7.3 Approve a Supplemental Work Order to King Engineering Associates, Inc.
(Engineer of Record) to provide engineering design and permitting services for
the Woodlawn Terrace Storm Sewer Replacement Project (11-0028-EN) in the
amount of$185,864.00 and authorize the appropriate officials to execute same.
consent
In August 2010 the City authorized King Engineering Associates, Inc. (King) to
provide preliminary engineering, design and permitting for the abandonment of
septic systems and installation of a sewer system in the Idlewild/The Mall
subdivisions.
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The City Maintenance Division provided information that demonstrated the storm
system was at the end of its life cycle and needed to be replaced. Since the Utility
project was going to be constructed the City added replacement of the storm
system to the project.
The Engineering analysis determined that this project could do more than just
remove and replace the existing system. By increasing pipe and channel sizes
along with constructing a stormwater attenuation area the flood levels in the
neighborhood can be reduced.
This Work Order is to provide additional survey, engineering, design and
permitting for the improvements of the storm sewer system that were not included
in the work order.
Sufficient funding is available in Capital Improvement Program project 0315-
96169, Stevenson Creek.
7.4 Approve a work order to Engineer of Record (EOR), Leggette Brashear and
Graham, Inc. (LBG) in the amount of$298,840 for the design, permitting,
construction and testing of four monitoring wells for the City of Clearwater's Well
Field Monitoring Program (12-0013-UT) and authorize the appropriate officials to
execute same. (consent)
This agenda item provides for the design, permitting, construction and testing of
four monitoring wells by LBG in the amount of$298,840.
This monitoring program is one of the conditions of the City's Water Use Permit
issued by the Southwest Florida Water Management District to monitor the
hydrologic conditions around the area of the City's three well fields.
Public Utilities Department will own, operate and maintain these wells after they
are constructed.
The overall project is anticipated to be completed by November 2012 once
approved by City Council.
LBG is one of the City's Engineers-of-record, and this work order was negotiated
in accordance with the Consultants Competitive Negotiations Act.
Sufficient funding is available in Utility Renewal and Replacement project 0327-
96740, Water Supply Treatment in the amount of$298,840.00.
7.5 Award a Contract (purchase order) to Terra Renewal Services, Inc., of
Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a
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Stormwater Facility known as Town Pond in the amount of$417,224.81 and
authorize the appropriate officials to execute same. (consent)
Council approved design and permitting of Town Pond Modifications in March of
2011. Permitted modifications include the elimination of the alum feed system,
removal of pond sediments and a southern expansion of the pond by 0.22 acres.
This is the first of two contracts to be awarded, as the sediments need to be
removed before the pond is expanded. The permitted modifications will provide
required water quality benefits in lieu of the alum injection system.RFP17-12 was
issued on February 2, 2012, soliciting proposals for removal and disposal of the
sediments. On April 6, a selection committee consisting of Engineering staff and
Reiss Engineering short-listed two firms from the six submittals based upon
qualifications, technical approach, experience, cost and locality. On April 12, the
two short-listed firms were interviewed and Terra Renewal was selected for the
project.
A midyear budget amendment will transfer $417,224.81 from Capital Improvement
Program (CIP) project 0315-96170, Coastal Basins Projects to CIP 0315-96125,
Town Lake.
In response to questions, Environmental Manager Ed Chesney said this is a one-time
cost; the alum pump-out system did not work because the lake was a fast flow system.
As a condition of the SWFWMD permit, the City must remove the floc that collected at
the bottom of lake before enlarging the lake. The enlargement will add a littoral shelf,
which will naturally treat the stormwater before it leaves the system. When the system
was designed, alum was new to the area and many systems were designed to
implement alum; Town Lake was one of the smaller systems.
7.6 Approve Change Order 2 to Reynolds Inliner, LLC, for the 2010 Stormwater Pipe
Lining Project (09-0054-EN) to extend the contract time by 225 days and
authorize the appropriate officials to execute same. (consent)
December 16, 20107 City Council approved the contract in the amount of
$1,197,157.50. The original contract time was 365 days starting on January 19,
201 Uuly 31, 20117 City Council approved Change Order 1 for additional funds in
the amount of$1,088,325.00 for a new contract total in the amount of
$272857482.50.
Over eighteen thousand feet of stormwater pipe has been cleaned, inspected and
lined through January 2012. Approximately $500,000 remains available in the
contract funds.
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Reynolds Inliner, LLC has agreed to maintain the unit prices from the original
contract through August 31, 2012 (225 additional days).
7.7 Accept a Drainage and Utilities Easement over portions of Lots 1 through 4 and
13, Block 19, Milton Park Subdivision, conveyed to the City by the property
owner; and authorize appropriate officials to execute same. (consent)
City-owned drainage facilities currently traverse private property on the southeast
corner of Tuskawilla Street and Ewing Avenue. An existing utility easement in
favor of the City does not cover a portion of the privately owned property used as
the utility corridor. The current landowner approached the City requesting that the
facilities be relocated along the right-of-way and the easement is vacated. The
property owner has agreed to donate an easement to the City to provide for the
relocation of the facilities.
Under the proposed arrangement, portions of the existing drainage facilities will
be modified to allow stormwater flows from the property to continue to enter the
City system. Costs associated with modifications outside of the City's current
easement are estimated at $1,500 and will be borne by the property owner up to a
maximum of$2,500. The City will grout-fill and abandon unneeded facilities within
the current easement.
Following the installation of facilities along the right-of-way and the modifications
to the existing facilities, the current easement will no longer be needed for City
purposes. At that time, City staff will recommend that Council vacate same.
This arrangement will provide the City with adequate property rights to construct
and maintain drainage facilities along Tuskawilla Street and Ewing Avenue
providing stormwater conveyance for the Lake Belleview area. The property
owner will benefit by eliminating the encumbrance on his property thereby
realizing full development potential.
7.3 Approve a Supplemental Work Order to King Engineering Associates, Inc.
(Engineer of Record) to provide engineering design and permitting
services for the Woodlawn Terrace Storm Sewer Replacement Proiect 01-
0028-E ) in the amount of$185,864.00 and authorize the appropriate
officials to execute same. (consent)
In August 2010, the City authorized King Engineering Associates, Inc. (King) to
provide preliminary engineering, design and permitting for the abandonment of
septic systems and installation of a sewer system in the Idlewild/The Mall
subdivisions.
Work Session 2012-05-14 14
The City Maintenance Division provided information that demonstrated the storm
system was at the end of its life cycle and needed to be replaced. Since the Utility
project was going to be constructed the City added replacement of the storm
system to the project.
The Engineering analysis determined that this project could do more than just
remove and replace the existing system. By increasing pipe and channel sizes
along with constructing a stormwater attenuation area the flood levels in the
neighborhood can be reduced.
This Work Order is to provide additional survey, engineering, design and
permitting for the improvements of the storm sewer system that were not included
in the work order.
Sufficient funding is available in Capital Improvement Program project 0315-
96169, Stevenson Creek.
8. Planning
8.1 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Estates in Section 24,
Township 29 South, Range 15 East) together with the abutting right-of-way of
Burnice Drive and together with the additional right of way of Burnice Drive
abutting 2160 and 2166 Burnice Drive; and pass Ordinances 8319-12, 8320-12
and 8321-12 on first read ing.(ANX2012-02001)
This voluntary annexation petition involves a 0.237-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
side of Burnice Drive approximately 345 feet west of Belcher Road. 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 0.3098-acres of abutting and adjacent right-of-way of Burnice Drive not
currently within the city limits also be annexed. The property is contiguous to
existing City boundaries to the north, east, and west. It is proposed that the
property be assigned a Future Land Use Map designation of Residential Low (RL)
and a Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. Collection of
solid waste and sewer service will be provided by the City. The property is located
within Police District III and service will be administered through the district
Work Session 2012-05-14 15
headquarters located at 2851 N. McMullen Booth Road. Fire and emergency
medical services will be provided to this property by Station 47 located at 1480
Lakeview Road. 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 objective
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.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is consistent
with the current Countywide Plan designation of this property. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed
zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the
uses allowed in the district and the property exceeds the district's minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, east and west; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
8.2 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Gardens
in Section 9, Township 29 South, Range 16 East); and pass Ordinances 8325-
12, 8326-12 and 8327-12 on first read ing.(ANX2012-02002)
This voluntary annexation petition involves a 0.166-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the south
side of San Mateo Street approximately 145 feet east of McMullen Booth Road.
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The applicant is requesting this annexation in order to receive sanitary sewer and
solid waste service from the City. The property is contiguous to existing City
boundaries to the north, south, and east. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Urban (RU) and a
Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection of solid
waste and sewer service will be provided by the City. 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. 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 objective
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.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map 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 Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
Work Session 2012-05-14 17
The property proposed for annexation is contiguous to existing City boundaries to
the north, south and east; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
8.3 Approve amendments to the Community Development Code providing density
and parking incentives for affordable housing developments, and pass
Ordinance 8313-12 on first reading. (TA2012-01001)
The City's Evaluation and Appraisal Report, which was released in August 2006,
indicated a need to create specific policies in the Clearwater Comprehensive Plan
to incentivize affordable housing, specifically calling for density bonuses and
parking reductions. In December 2008, the Clearwater City Council approved
amendments to the Clearwater Comprehensive Plan that included an objective
and policies relating to affordable housing incentives. This proposed amendment
to the Community Development Code implements that objective and policies.
Proposed Ordinance 8313-12 includes the following amendments:
Clarifies that the densities contained in the Clearwater Comprehensive Plan can
be exceeded under the new affordable housing density provisions.
Sets forth the review and approval process for granting the affordable housing
density bonus.
Establishes a density bonus and sets forth how it is calculated, differentiating
between mixed-income affordable housing developments and other affordable
housing developments.
Sets forth standards that apply to all affordable housing developments that are
granted the density bonus, including compatibility criteria, design criteria and
green building criteria.
Sets forth criteria for a required covenant to maintain affordability, which address
both owner-occupied units and rental units.
Sets forth the standards for approval for the affordable housing parking incentive,
which allows a reduction in required parking spaces provided the criteria are met.
Clarifies that affordable housing developments receiving the density bonus will be
reviewed as a Level Two application.
Sets forth definitions for: affordable housing unit; dwelling, affordable housing
bonus density; and dwelling, reserved affordable housing.
Work Session 2012-05-14 18
The Community Development Board (CDB) reviewed the proposed amendment at
its meeting on April 17, 2012 and unanimously recommended the amendment for
approval.
At the City Council meeting on May 3, 2012 this item was tabled for further
revision. The desired language describing how to measure the distance from a
transit stop has been incorporated in the attached ordinance.
9. Legal
9.1 Approve the creation of a Domestic Partner Registry to be administrated by the
City Clerk and pass Ordinance 8329-12 on first reading.
A number of Clearwater residents establish and maintain important personal, emotional,
and economic relationships with persons to whom they are not married under Florida
law. Individuals forming such domestic partnerships often live in a committed family
relationship. Domestic partners and their dependants may be denied certain rights for
lack of a system that establishes recognition of such partnerships. The 2010 census
indicates that 5.9% of American households identified themselves as living in unmarried
partner households, which is an increase over the 5.2% of such households identified in
the 2000 census. The 2010 Census data indicates that in Clearwater approximately
7.5% of households are unmarried partner households, which is a significant increase
over the 6.2% of such households identified in the 2000 census.
It is believed that the existence of a Domestic Partnership Registry is attractive to
companies that value diversity and can assist the City of Clearwater in its economic
development by attracting companies to locate and make capital investments in the
City, and will promote the City's reputation as a growing, vibrant and diverse community.
The rules developed to implement the provisions of this ordinance shall be construed to
accomplish the policies and purposes of the ordinance. However, this ordinance shall
not be construed to supersede any federal, state, or other city laws or regulations, nor
shall this ordinance be interpreted in a manner as to bring it into conflict with federal,
state, or other city laws. Nothing in this ordinance shall be construed as recognizing or
treating a domestic partnership as a marriage.
10. City Manager Verbal Reports — None.
11. Council Discussion Items
11.1 Extension of CRA - Councilmember Hock-Di Polito
Work Session 2012-05-14 19
Councilmember Doreen Hock-DiPolito requested consideration for staff to begin the
review process for TIF (Tax Increment Financing). The in-depth data analysis must be
submitted to Pinellas County by October 1, 2018.
In response to a question, the City Attorney said Pinellas County could modify the
ordinance to extend the time
Staff was directed to proceed.
12. Closing Comments by Mayor— None.
13. Adjourn
The meeting was adjourned at 4:58 p.m.
Work Session 2012-05-14 20