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05/01/2013 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 1, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, 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. 1. Call to Order— Mayor George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation — Rev. Donna Oberkreser from Central Christian Church 3. Pledge of Allegiance — Councilmember Doreen Hock- iPolito 4. Presentations 4.1 Drinking Water Week Proclamation - May 5 -11, 2013 - Glenn Daniel, Water, Reclaimed and Wastewater Collection Manager 4.2 EMS Week Proclamation, May 19 — 25, 2013 - Assistant Chief Connors 4.3 Swim Across America Day Proclamation, May 18, 2013 - Trent Fraebel, Event Coordinator for Swim Across America 4.4 Tourism Week Proclamation, May 4 — 12, 2013 - Geri Lopez, Dir. Economic Development and Housing 4.5 Update of the Pinellas Planning Council Countywide Plan - Michael Crawford, Interim Executive Director, Pinellas Planning Council Council 2013-05-01 1 Mr. Crawford provided a PowerPoint presentation and reviewed proposed changes to the countywide plan. The updated countywide plan would reflect the current development patterns, associated transportation options, and local government planning. The proposed plan incorporates the centers, corridors, and districts concept. Adoption of the plan is expected in 2014. 4.6 Clearwater Groundwater Replenishment Project Update Presentation - Nan Bennett - Public Utilities Asst Director Ms. Bennett provided a PowerPoint presentation on the recharge of the Floridan Aquifer, lower Zone A, using highly treated water. 4.6 Resolution 1876 by Florida Senate Mayor George N. Cretekos read Resolution 1876, recognizing the Clearwater Beach's election by the readers of USA Today as "Florida's beast beach town." He thanked Senator Jack Latvala for introducing the resolution. 5. Approval of Minutes 5.1 Approve the minutes of the April 18, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the April 18, 2013 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda — None. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 8389-13 on second reading, annexing certain real property whose post office address is 1825 Carlton Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8389-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8389-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Council 2013-05-01 2 Jay E. Polglaze. "Nays None. 7.2 Adopt Ordinance 8390-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1825 Carlton Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8390-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8390-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 7.3 Adopt Ordinance 8391-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1825 Carlton Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential Ordinance 8391-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8391-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 7.4 Adopt Ordinance 8392-13 on second reading, annexing certain real property whose post office addresses are 1861 and 1880 Diane Drive, 1806 Marilyn Drive, 2720 and 2724 Morningside Drive, 1848 and 1851 Skyland Drive, 2724 and 2728 Woodring Drive, 1716 and 1733 Grove Drive, 1765 Lucas Drive, and 1744 Evans Drive, together with all right of way of Woodring Drive abutting Lot 15, Block F through Lot 1, Block J, and all right of way of Skvland Drive abutting Lot 1, Block I, and Lot 9, Block H, and all right of way of Marilyn Drive abutting Lot 8, Block H in Carlton Terrace First Addition subdivision; all right of way of Council 2013-05-01 3 Grove Drive abutting Lot 5, Block 4, in Virginia Grove Terrace First Addition subdivision, all right of way of Lucas Drive and Terrace Drive abutting Lot 16, Block 5 in Virginia Grove Terrace Third Addition subdivision, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8392-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8392-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 7.5 Adopt Ordinance 8393-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1861 and 1880 Diane Drive, 1806 Marilyn Drive, 2720 and 2724 Morningside Drive, 1848 and 1851 Skyland Drive, 2724 and 2728 Woodring Drive, 1716 and 1733 Grove Drive, 1765 Lucas Drive, and 1744 Evans Drive, together with all right of way of Woodring Drive abutting Lot 15, Block F through Lot 1, Block J, and all right of way of Skvland Drive abutting Lot 1, Block I, and Lot 9, Block H, and all right of way of Marilyn Drive abutting Lot 8, Block H in Carlton Terrace First Addition subdivision; all right of way of Grove Drive abutting Lot 5, Block 4, in Virginia Grove Terrace First Addition subdivision, all right of way of Lucas Drive and Terrace Drive abutting Lot 16, Block 5 in Virginia Grove Terrace Third Addition subdivision, upon annexation into the City of Clearwater, as Residential Low (RL), Preservation (P), and Drainage Feature Overlay. Ordinance 8393-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8393-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 7.6 Adopt Ordinance 8394-13 on second reading, amending the Zoning Atlas of the Council 2013-05-01 4 city by zoning certain real property whose post office addresses are 1861 and 1880 Diane Drive, 1806 Marilyn Drive, 2720 and 2724 Morningside Drive, 1848 and 1851 Skyland Drive, 2724 and 2728 Woodring Drive, 1716 and 1733 Grove Drive, 1765 Lucas Drive, and 1744 Evans Drive, together with all right of way of Woodrinq Drive abutting Lot 15, Block F through Lot 1, Block J, and all right of way of Skvland Drive abutting Lot 1, Block I, and Lot 9, Block H, and all right of way of Marilyn Drive abutting Lot 8, Block H in Carlton Terrace First Addition subdivision; all right of way of Grove Drive abutting Lot 5, Block 4, in Virginia Grove Terrace First Addition subdivision, all right of way of Lucas Drive and Terrace Drive abutting Lot 16, Block 5 in Virginia Grove Terrace Third Addition subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). Ordinance 8394-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8394-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: 'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. City Manager Reports 8. Consent Agenda - Approved as submitted. 8.1 Authorize the release of Request for Proposals (RFP) 19-13 for Tourism Marketing Services for the City of Clearwater beginning in Fiscal Year 13-14. consent 8.2 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 8.3 Approve a parking agreement between the City of Clearwater and Palm Harbor Special Fire Control and Rescue District for parking vehicles at 250 West Lake Road, Palm Harbor, and authorize the appropriate officials to execute same. consent 8.4 Approve the First Amendment to License Agreement between the City of Council 2013-05-01 5 Clearwater and Pinellas County for period of August 1. 2013 through July 31. 2018, and authorize the appropriate officials to execute same. (consent) 8.5 Approve the Amendment to the Administrative Services Agreement between the City of Clearwater and International City Management Association Retirement Corporation (ICMA-RC) for the City 401 a Money Purchase Pension Plan and the 457k Deferred Compensation Plan, to be effective upon approval of the Amendment and for the remainder of the current Agreement between the City and ICMA and authorize the appropriate officials to execute same. (consent) 8.6 Award a contract (purchase order) to Bibliotheca. LLC for$582.548.82 in accordance with Sec. 2.5640)(d). Code of Ordinances - Other Governmental bids, for hardware and software to implement an RFID system to improve security and efficiency in library operations and authorize the appropriate officials to execute same. (consent) 8.7 Approve Supplemental Work Order 1 with URS Corporation Southern consultants, for plans to install a precision approach path indicator (PAPI) at Clearwater Airpark under Project 12-0006-AP, runway extension, for the sum of $14.172.40 and authorize the appropriate officials to execute same. (consent) 8.8 Continue to May 16, 2013: Award a contract (purchase order) to Landscape Structures Inc. of Delano. MN for the construction and installation of a one of a kind Sand Castle Playground and Welcome sign at Pier 60 Park for $438.881 and approve the transfer of$100.000 from unappropriated retained earnings to CIP 315-93624 Pier 60 Park Repair and Improvement at mid-year, to construct a military flap plaza to be located in Pier 60 Park. (consent) 8.9 Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater. FL for an amount not to exceed $400.000.00 for the purchase of Goodyear tires for City motorized equipment during the period May 1. 2013 through April 30. 2014, in accordance with Sec. 2.560)(d). Code of Ordinances - other governmental bid, and authorize the appropriate officials to execute same. consent 8.10 Approve the final plat for 2881 Gulf to Bay Boulevard, which is located on the South side of Gulf to Bay Boulevard, approximately mile west of McMullen Booth Road. (consent) 8.11 Award a contract to TLC Diversified. Incorporated of Palmetto. Florida, for Lift Stations 33 and 42 Rehabilitation in the amount of$989.560.00, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) Council 2013-05-01 6 8.12 Approve a supplemental Engineer of Record (EOR) work order to Reiss Engineering, Inc. in the amount of$2,331,318.00 for the Construction Engineering and Inspection (CEI) associated with the four Water Treatment Plant 2 Projects (Contracts 1, 2, 3 and 4) associated with the new brackish reverse osmosis water treatment plant at Water Treatment Plant 2, and authorize the appropriate officials to execute the same. (consent) 8.13 Award a contract to Applied Drilling Engineering, Inc. of Tampa, Florida, for the construction of the Clearwater Concentrate Infection Deep Well Project Phase 2 in the amount of$857,763.50, which is the lowest responsible bid in accordance with plans and specifications, approve a work order for $168,320.00 to Leggette, Brashears and Graham (EOR) of Tampa, Florida, for project related post-design engineering services, and authorize the appropriate officials to execute same. consent 8.14 Reappoint Candace Gardner to the Parks and Recreation Board with term to expire May 31, 2017. (consent) 8.15 Reappoint David L. Jaye and Ryley Jeanne Marchion to the Brownfields Advisory Board with terms to expire May 31, 2017. (consent) 8.16 Authorize settlement of Seabloom v. USAA Casualty Insurance Company and City of Clearwater, Case 12-005789-CI-21, for payment by City of$50,000.00 in exchange for a full release from plaintiff and dismissal of action with prejudice. consent Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9. Other Items on City Manager Reports 9.1 Award a contract to Poole and Kent Contractors of Miami, Florida, for construction of Water Treatment Plant 2 Contract 4: Reverse Osmosis Plant Site Expansion Project in the amount of$20,787,325.00, which is the lowest responsible bid in accordance with plans and specifications; and authorize the appropriate officials to execute same. The City of Clearwater currently operates one Reverse Osmosis (RO) Water Treatment Plant (WTP) and is preparing to build a second RO plant located at 21133 N. US Hwy 19 within the City of Clearwater. Council 2013-05-01 7 The existing WTP 2 was constructed in 1965-66, and will be demolished during the construction of the new RO plant. The existing 5 million gallon (MG) ground storage tank will not be demolished and will be utilized with the new RO plant. This project is one of many components that are being completed for the City to construct the second RO plant at WTP 2. Three components were approved by the City Council, and a last component is out for bid and will be brought forward at a future City Council Meeting. Construction of the new RO plant includes site civil improvements; demolishing of selected structures; RO treatment system; ozone treatment system; iron treatment system; transfer pump system; chemical feed systems; new finished water ground storage tank; existing finished water ground storage piping modifications; new concentrate ground storage tank; new high service pumps, motors, and VFD's; electrical, HVAC, and plumbing systems; control and alarm system additions and modifications; and bulk storage shelter enclosure and buildings to house offices, control room, laboratory, rest rooms, meeting rooms, ancillary rooms and process related equipment and chemical handling faculties. The City is utilizing Owner Direct Purchase (ODP) items on the project. The estimated tax savings to the City is $310,395.A cooperative funding agreement (CFA) between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater provides for the design, permitting and construction of a brackish reverse osmosis (RO) facility at Water Treatment Plant (WTP) 2. SWFWMD and the City of Clearwater both anticipated that the total cost of the project would be $30,433,780, and SWFWMD will reimburse up to 50% of all costs associated with this project (up to and not to exceed $15,216,890.). There is no cost to the City associated with the SWFWMD Agreement. The Construction, Engineering, and Inspection (CEI) services will be provided by Reiss Engineering, Inc. (EOR). The CEI work order is being brought forward as a separate agenda item. The contract period for construction is 548 consecutive calendar days estimated to start in June 2013 and finish in December 2014.The Public Utilities Department shall own and maintain the proposed improvements included in this contract. Midyear amendments will increase budget only by $8,161,158.85 of SWFWMD grant funding and transfer$1,700,000 of Water Impact Fees (381621) from 0315- 96744, System Expansion and $8,061,114.88 of Water Revenue (388421) from Water Sewer Reserves to 0315-96767, Reverse Osmosis Plant at Reservoir 2.Sufficient budget Water revenue is available in 0315-96767, Reverse Osmosis Plant at Reservoir 2 in the amount of$2,865,051.27 providing total funding of construction in the amount of$20,787,325.00. Council 2013-05-01 8 Councilmember Doreen Hock-DiPolito moved to award a contract to Poole and Kent Contractors of Miami, Florida, for construction of Water Treatment Plant 2 Contract 4: Reverse Osmosis Plant Site Expansion Project in the amount of$20,787,325.00, which is the lowest responsible bid in accordance with plans and specifications; and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.2 Approve a work order with Harvard Jolly, an Architect of Record with the City of Clearwater, to prepare design plans for one of the following choices; 1.) remodel and expand the Countryside Branch Library in its current location, or; 2.) construct a new Countryside Branch Library at the Countryside Community Park next to the existing Countryside Recreation Center. The Penny for Pinellas III projects included an expansion and renovation of the existing Countryside Branch Library. As that planning process began, it became apparent the costs for that project exceeded preliminary expectation. Several members of the Council requested staff to look at alternatives. The one plan that rose to the top was to relocate the library and build new on the Countryside Community Park next to the existing Countryside Recreation Center. During the previous discussion of the placement of the Countryside Branch Library, the Council asked for a traffic study and exploration of a possible additional entrance/egress point. The traffic study indicates that the roads, without any modification, are adequate for expected traffic associated a new library in the Countryside Park location even without an additional entry/egress point. Talks with Duke Energy indicate that they would not be amenable to adding a road on their property. Staff is requesting Council direction on the location and scope of work for the Countryside Branch. Staff has provided two proposals and request Council select the appropriate option for approval. Funding for this contract is budgeted in capital project 315-11-0059-LI (Countryside Branch Library Renovation/Expansion). In response to questions, Library Director Barbara Pickell said the current hours of operation for the Countryside Branch are 10:00 a.m. to 7:00 p.m., Monday through Thursday, and Noon to 5:00 p.m., Saturday and Sunday. The Countryside Branch is closed on Friday. Staff anticipates recreation activities at the Countryside Recreation Center to overlap with the proposed library branch; there is adequate parking for visitors. Consultant Brian Johnson said the traffic study included historical data, machine counts, and observations on two separate days. The study also reconciled the traffic counts with the attendance record at the Recreation Center during the peak season. Council 2013-05-01 9 A concern was expressed regarding pedestrian safety due to the lack of a curb between the roadway and the sidewalk. Engineering Director Mike Quillen said there are no curbs between the roadway and the sidewalk. Installing a curb would create a drainage issue and would require installing a drainage system. Mr. Quillen recommended installing flexible posts for pedestrian safety. It was suggested consideration be given to installing flexible posts. Councilmember Bill Jonson moved to approve a work order with Harvard Jolly, an Architect of Record with the City of Clearwater, to prepare design plans to construct a new Countryside Branch Library at the Countryside Community Park next to the existing Countryside Recreation Center. The motion was duly seconded and carried unanimously. 9.3 Provide City Council Input from the Business Task Force regarding a revised Development Agreement review process. The Executive Committee of the Business Task Force met on April 19, 2013 to discuss potential options for the Development Agreement approval process. Based on that meeting, one option has been refined for your consideration and is based on Option D. This has been revised to address concerns of the City Attorney and to provide more specific information as to the submission requirements. The Executive Committee requested that it be clear that "this option is not the committee's recommendation." The proposed process would start with the applicant submitting a development agreement with conceptual plans to City Council for review and a public hearing. The required plans would be in the form of several exhibits attached to the development agreement and include the following: a conceptual site plan illustrating the building footprint, parking areas, landscaped areas, and points of ingress/egress; information regarding density/intensity, building height and number of rooms requested from the hotel density reserve (if applicable); and a schematic drawing of the front building elevation (view of building from street) and an isometric massing study/concept plan of the development. After the first public hearing, City Council would conduct another hearing where initial approval would be given. The next step would be for the applicant to file the required site plan for review by the Development Review Committee (DRC) or Community Development Board (CDB) as applicable and then forward the development agreement with the approved site plan to City Council for confirmation at the Council meeting immediately following the CDB meeting. If the final site plan is substantially in Council 2013-05-01 10 conformance with the conceptual plans included in the Development Agreement, City Council would be obligated to confirm its original approval. The Executive Committee recommends that there be some guidelines for determining when a change from the conceptual plan to the final plan is acceptable and when changes would require an amendment to the approved agreement. Based on initial conversations, substantial changes would include increases in building height; decreases in setbacks by more than 20%, changes in building materials or architectural design that substantially alters the character and design of the project, etc. The Committee also believes that any change required by staff or another governmental entity should not be considered substantial. The Planning and Development Department also suggests criteria be added to address changes in use, those that may negatively impact ingress/egress, and any substantial changes in the location of a structure and the addition or removal of property. To understand the timeframe of this proposed process, below please find a potential schedule based on an application being filed in April 2013. • April 1 st- Application Submitted • May 2nd - Review of application by DRC • May 16th - Review of Development Agreement by City Council (1 st Public Hearing) • June 6th - Review and Approval of Development Agreement by City Council (2nd Public Hearing) • Aug. 1 st - Applicant Submit Site Plan Application • Sept. 5th - DRC Review of Site Plan Application • Oct. 15th - CDB Review of Site Plan Application • Oct. 16th - City Council Confirmation of Development Agreement This proposed schedule is very challenging for Planning and Development staff and would also require a lot of flexibility on the part of the City Clerk as to when items are allowed to be entered into NovusAgenda. In the above scenario, the scheduled deadline staff submitting agenda items would be April 29, which occurs prior to the DRC meeting. If no flexibility can be had, no meaningful information would be provided in the agenda memorandum since the submission deadline would be April 29, which is prior to the scheduled DRC meeting. In the second Council 2013-05-01 11 phase of the process when the site plan is reviewed by the CDB, the agenda item would need to be entered in NovusAgenda September 30, which is prior to the CDB meeting but it is at least after the DRC meeting. It was stated that the Business Task Force Committee would be content with leaving the current development agreement process status quo. Discussion ensued regarding staff's proposed process, with support expressed that if the documents identified in staff's recommendation are provided for Council's approval, the development agreement does not need to come back to Council unless there are substantial changes. It was stated that councilmembers should have the final review as the elected body. In response to questions, Assistant Director Gina Clayton said the proposed process would be applicable to hotel developments on Clearwater Beach that are requesting hotel density units. The City Attorney said if the proposed process is approved by Council, the resolution passed at the second hearing would make a condition on the final ratification; the development agreement would not be final until Council took the last step. The Business Task Force was seeking certainty on the development agreement before it was subject to CDB review. The City Attorney said the Business Task Force Executive Committee were unable to meet to review staff's recommendation, but are comfortable with the proposed process. Councilmember Doreen Hock-DiPolito moved to approve Item 9.3 as proposed by staff: requiring the applicant to submit a development agreement with conceptual plans to City Council for review and a public hearing. The motion was duly seconded. The City Attorney said staff will return to Council with an ordinance that includes the specifics. Upon the vote being taken, Vice Mayor Paul Gibson and Councilmembers Doreen Hock-DiPolito, Bill Jonson, and Jay Polglaze voted "Aye"; Mayor George N. Cretekos voted "Nay". Motion carried. Councilmember Doreen Hock-DiPolito moved to disband the Business Task Force Executive Committee. The motion was duly seconded. A concern was expressed that the Committee's final report indicated many of the recommendations were not addressed by Council. It was suggested that Council review the final report and compare with staff's matrix, which indicates which items reviewed by Council and action taken. Council 2013-05-01 12 Upon the vote being taken, Councilmember poreen Hock-DiPolito voted "Aye"; Mayor George N. Cretekos, Vice Mayor Paul Gibson, and Councilmembers Bill Jonson and Jay Polglaze voted "Nay". Motion failed. Staff was directed to schedule a council discussion item at the next work session to review the status of the recommendations. Misceltaneous Reports and Items 10. City Manager Verbal Reports — None. 11. Closinq Comments bv Mavor Mayor George N. Cretekos reviewed recent and upcoming events. 12. Adiourn The meeting adjourned at 8:09 p.m. Attest � G� �� � ^ C�l�t �s t Mayor City of Clearwater Counci12013-OS-01 13 , ' . .. ' „ j .. � . . �! _ � � 3 i ',� ' ;