05/13/2013 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
May 13, 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, 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
Five service awards were presented to city employees.
The May 2013 Employee of the Month Award was presented to Mitch Moen, Parks and
Recreation. The May/June 2013 Bimonthly Team Award was presented to Chino
Alamilla, Louis Anderson, Tim Chaplinsky, Steve Cook, Glenn Ferris, Petras Jakstas,
Brian Lennon, Lynne Marchitello, Scott Paulk, Jr., Billy Stephens, Joe Taylor, and Kevin
Wiesman.
The Council recessed from 1:10 p.m. to 1:28 p.m. to meet as the Pension Trustees.
2. Financial Services
2.1 Amend Ordinance 6931-02, which amended Ordinance 6378-99, to restate the
definition of Reserve Requirement for future Stormwater revenue bonds and
pass Ordinance 8419-13 on first reading.
The City is considering a refinancing of the City's Stormwater System Revenue
Bonds, Series 2004, in the near future.
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City Ordinance 6378-99, as amended by Ordinance 6931-02, currently requires a
minimum cash Reserve Requirement be funded and maintained for any future
Stormwater bond issue.
In the current market environment, a cash reserve requirement may not be
necessary for the refinancing of the 2004 bonds referenced above. This
Ordinance would allow the flexibility to determine the required cash reserve (if
any) separately for each future bond issue by City Resolution.
In response to a question, Controller Clem Vericker said the resolution will affect future
issues. A debt service reserve may not be needed if a bank loan is pursued.
3. Gas System
3.1 Ratify and Confirm the City Managers approval of a Purchase Order with
Ultimate CNG, LLC, in the amount of$167,225, to provide temporary
compressed natural gas services at the Clearwater CNG filling station. (consent)
Ultimate CNG, LLC is currently providing temporary Compressed Natural Gas
(CNG) refueling services, via a mobile CNG storage truck, at our CNG Filling
Station located at 1020 North Hercules Avenue. This purchase order was
originally approved by the City Manager in March 2013, in the amount of$93,500.
The mobile unit assists in the refueling of city garbage trucks that currently use
CNG fuel, along with WastePro, Verizon, Jolley Trolley and other outside CNG
customers.
Staff is asking Council to ratify and confirm a six-week extension to this PO, in the
amount of$73,725, for a new total of$167,225. The reason for the original PO
and subsequent extension is due to the need to back up our primary CNG
compressor, which is still under repair. The Department experienced a
mechanical failure on the primary compressor unit in December 2012. The
compressor failed due to faulty connecting rod bearings installed in the crankshaft
assembly. Universal Air and CompAir, the distributer and manufacturer of the
compressor unit, have worked over the past several months to resolve the
problem. They are standing behind the compressor and made numerous
attempts to refurbish the unit, however, with no success to date. As a result,
Universal Air/CompAir decided to replace the entire compressor assembly and
extend the warranty period for an additional year once the unit is successfully
commissioned. In addition, the compressor manufacturer, CompAir, has insisted
that a new coupling be installed between the engine and the compressor
assembly to assist in vibration control. Since this was not part of the original
design, this design and modification has added several weeks to the re-
commissioning of the compressor.
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The backup CNG compressor has run successfully over this five-month period,
however, it does not have enough capacity to refuel the larger CNG vehicles,
especially in the early morning and afternoon when the station is at peak demand.
Universal Air and CompAir plan to have the primary compressor operational in
May 2013.
In response to questions, Clearwater Gas Operations Manager Brian Langille said the
original compressor was faulty and could not be repaired. When the issue was
identified, Universal Air said the compressor would be fixed within thirty to forty-five
days. Mr. Langille said if Council does not approve the agenda item, the vendor would
not receive full payment for services already rendered.
Staff was directed to take Item 3.1 off the Consent Agenda.
4. Human Resources
4.1 Approve the Amendment to the Agreement between the City and CareATC, Inc.
of Tulsa, Oklahoma, for the continued administration of the City's onsite medical
clinic, extending the current Agreement with no changes, providing for a new
termination date of September 30, 2013 and authorize the appropriate officials to
execute same. (consent)
The current Agreement between the City and CareATC for the administration of a
facility to provide onsite medical and prescription drug services for City
employees, retirees and their dependents under the City's medical insurance
expires on May 25, 2013. Due to changes being proposed upon renewal by
CareATC to the Agreement between the City and CareATC, the City and
CareATC have agreed that an extension of the current Agreement would be
beneficial in order to allow more time for the parties to work out the details of a
new proposed Agreement. The City has obtained the concurrence of the City of
Dunedin with respect to the City's related Agreement with Dunedin. September
30, 2013 would be most convenient date for all parties involved, allowing the City
and CareATC the time to exercise due diligence in attempting to reach a new
Agreement, and moving the new contract dates with CareATC and Dunedin to a
date coinciding with the start of the City's fiscal year and the City of Dunedin's
medical plan year.
There is no additional cost associated with this request as the City is currently
funded for the operating cost of the clinic through the end of the fiscal year in the
current budget.
4.2 Approve the Amendment to the Agreement between the City and City of Dunedin
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allowing Dunedin use of the City's medical clinic in a cost-sharing arrangement,
extending the current Agreement with no changes, providing for a new
termination date of September 30, 2013, and authorize the appropriate officials
to execute same. (consent)
The current Agreement 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 expires on May 29, 2013.
Due to changes being proposed by CareATC to the Agreement between the City
and CareATC, the City and CareATC have agreed that an extension of the current
Agreement would be beneficial in order to allow more time for the parties to work
out the details of a new proposed Agreement. The City has obtained the
concurrence of the City of Dunedin with respect to the City's related Agreement
with Dunedin. The date of September 30, 2013 would be most convenient for all
parties involved, allowing the City and CareATC the time to exercise due diligence
in attempting to reach a new Agreement, and moving the new contract dates with
CareATC and Dunedin to a date coinciding with the start of the City's fiscal year
and the City of Dunedin's medical plan year.
There is no additional cost associated with this request as the City is currently
funded for the operating cost of the clinic through the end of the fiscal year in the
current budget.
5. Marine and Aviation
5.1 Support the Fish and Wildlife Conservation Commissions (FWC) proposed
changes to the waterway regulatory zone under the Memorial Causeway Bridge,
and adopt Resolution 13-09.
Council requested and was given permission by the State to establish a Slow
Speed - Minimum Wake Zone to include all waters from the western boundary of
the Intracoastal Waterway east to the shoreline from the Seminole Launch Ramp,
including 500 feet south of the Memorial Causeway Bridge in 1999 (Res. 99-21,
Ord. 4995-90, Permit 88-020). This wake zone was created to prevent potential
hazards to boaters launching at the Seminole Launch Ramp. The established
wake zone is not serving the intended purpose. Boaters travel at speed outside
the current wake zone, and then throttle back at the last second. The problem is
compounded now that the new Clearwater Harbor Marina has been built with
docks on both the north and south sides of the Memorial Causeway Bridge.
Funding from the FWC helped pay for these docks and the size of the boater
wakes have broken pile guide rollers and the remaining support brackets have
dug crevices in the concrete pilings the floating wave attenuators ride on.
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In addition, vessels entering and exiting the Intracoastal Waterway (ICW) at the
intersection of the Memorial Causeway Channel frequently propel their wakes into
the Clearwater Harbor Marina docks due to having no speed restrictions in this
channel at the eastbound approach to the ICW.
The state FWC controls the regulatory zones inside the Intracoastal Waterways.
The FWC mounted a camera to monitor boater speeds under the Memorial
Causeway Bridge, and has determined it is in the interest of public safety for
those transiting under the bridge and/or using the public marina that the following
changes be made-
- An extension of 715 feet to the southern boundary of the regulatory zone to
give a 500-foot buffer to the southern-most dock of the City Marina. This 500-foot
buffer mirrors what local governments are authorized by law to establish outside
the Intracoastal Waterway by local ordinance.
- Widening the zone to include all spans of the bridge to compensate for the
change in bridge infrastructure.
The Marine Advisory Board has reviewed and recommends these changes.
In response to questions, Marine and Aviation Director Bill Morris said FWC is looking to
implement the changes countywide. Several of the bridges throughout the county have
changed from low-level Bascule type bridges to high-level bridges with 74 ft.-clearance.
The higher bridges have wider spans between bridge supports, allowing vessels to zip
underneath bridge and cut across the channel at different angles. FWC will take over
the maintenance and signage in the low sped minimum wake zone.
6. Parks and Recreation
6.1 Ratify and confirm the City Managers approval of a Purchase Order for
Geosyntec Consultants of Jacksonville, Florida, in the amount of$464,344.90 for
the restoration, waste relocation and final cover grading of Phillip Jones Park.
consent
On July 19, 2012, the Council approved funding not to exceed $822,490 to
properly close a landfill site known as Phillip Jones Park and renovate the site to
be used for youth sports, primarily as a football stadium from unrestricted Solid
Waste funds and establish a new Capital Improvement Project entitled Phillip
Jones Park Renovations (CIP 315-93631).
Staff has worked to obtain the necessary approvals from the Department of
Environmental Protection (DEP) and the Southwest Florida Water Management
District (SWFWMD) to close the landfill site by removing and capping the areas
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filled with incinerator ash properly. The City received the approved permits from
DEP and SWFWMD in March.
Due to the critical timing and need to complete the project prior to the opening of
the Greenwood Panther football season in August, it was necessary for the City
Manager to approve the Environmental Phase Purchase Order so that the project
could stay on schedule.
Geosyntec Consultants is providing the necessary oversight for the project as well
as the closure design, ash relocation, proper removal and disposition of some soil,
re-grading the site, installation of a pervious geo-textile barrier, compaction and
covering the entire site with a minimum of one foot of soil.
Once Geosyntec completes their work city staff will coordinate the remaining work
necessary to complete the football field including the installation of an irrigation
system, sodding, new goals, fencing, bleachers and other park amenities.
Sufficient funds are available in CIP 315-93631 for this phase of the project.
In response to a question, the City Attorney said if the item is not approved, the City
Manager would remit payment within his authority; the remainder balance would not be
paid and the vendor may sue.
Staff was directed to take Item 6.1 off the Consent Agenda.
6.2 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 flag plaza to be
located in Pier 60 Park. (consent)
In Fiscal Year 2010/11, the City Council approved a new Capital Improvement
Project for $510,000 to fund repairs and improvements to Pier 60 Park. The
scope of the project included the repair of existing seating wall, site furniture,
ground renovation, walkways, irrigation repairs, special event layout
improvements in order to make the park consistent with the major improvement
made in the Beach Walk project as well as the addition of a new concept in play
structures that will become a focal spot on the beach.
The purchase of the sandcastle playground and entry sign will become that focal
point for all persons visiting Clearwater Beach and become a prime photo
opportunity for all visitors to the beach and Pier 60 Park.
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In time staff believes it will be a prime quality tourist attraction and a destination
place for visitors and residents. The playground is unique in that the main
structures are constructed from concrete and is designed to withstand the harsh
beach weather with little to no maintenance. It is colorful and full of unique play
areas that allow children to explore the wonders of a life-size sand castle,
including a main central tower and a portion of the sand castle being washed
away with the tide.
Staff is recommending the purchase from Landscape Structures Inc. as a sole
source item as all playground manufactures design and make equipment that
while similar is unique to their product line and not competitive. The City has
traditionally purchased equipment from various vendors in order to take
advantage of special pricing and quality designs. If approved, it will take
approximately 4 months for construction and delivery with installation scheduled
for September of this year.
As directed by City Council at the April 18, 2013 meeting, staff met with the
Clearwater Beach Association at their regular meeting and presented the precast
May 7, 2013. Additional funding is being requested in this project to construct a
military flag plaza in Pier 60 Park at the end of State Road 60 and the roundabout
to honor all of the branches of the military.
While the plaza has not been fully designed, it will incorporate the same type of
coquina style material used for the doughboy statues at the beginning of the
Memorial Causeway Bridge. If approved, funds will be transferred at mid-year
from unappropriated retained earnings.
Mayor George N. Cretekos said a recent article in the Clearwater Beacon incorrectly
reported Item 6.2 was approved; the item has not been approved by council.
In response to questions, Parks and Recreation Director Kevin Dunbar said staff met
with the Clearwater Beach Association
7. Solid Waste/General Support Services
7.1 Award a contract (purchase order) to Equipco Manufacturing, Inc. in the amount
of$150,000 for the purchase of front-load containers for the period of May 17,
2013 through May 16, 2014, as provided in the city's Code of Ordinances,
Section 2.561 and authorize the appropriate officials to execute same. (consent)
The City of Clearwater's Solid Waste Department collects waste from commercial
customers in front-load containers. Although the Department performs repairs 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
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described above (Bid 24-11). Equipco Manufacturing, Inc. (Equipco) was awarded
a contract by purchase order. During the past two years, Equipco has provided
quality containers and they have met our expectations.
Equipco has forwarded a letter to the city stating that they would hold their pricing
at the current level for the next twelve-month period (May 17, 2013 through May
16, 2014). This will be the second 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.
7.2 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL
in the amount of$287,500 for the hauling of yard waste from the city's solid
waste facility to the contractors facility for the period May 20, 2013 through May
19, 2014 as provided in the city's Code of Ordinances, Section 2.561 and
authorize the appropriate officials to execute 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 by purchase order for the time period of May 20,
2011 through May 19, 2012. During the past two years, Sage has provided
excellent service.
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, 2013 through May
19, 2014). This will be the second and final renewal of an annual contract with the
same terms and conditions of the original contract. Funding for this item is
included in the annual Operating Budget of the Solid Waste Department.
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8. Engineering
8.1 Accept a Drainage Easement conveyed by Harborview Grande Condominium
Association, Inc. over a portion of property located at 530 South Gulfview
Boulevard. (consent)
The City's South Gulfview Drainage Improvement Project consists of upgrading
the existing 15 in. undersized pipe outfall to a 36 in. pipe and adding additional
infrastructure on South Gulfview Boulevard. The purpose of this project is to
reduce local street flooding at the intersection of South Gulfview and Bayway
Boulevard.
The subject easement is contiguous with an existing drainage easement used by
the City and will provide for construction and maintenance of the modified outfall
point. This easement is being granted at no cost to the City.
8.2 Award a contract (purchase order) to Metro Equipment Services of Miami,
Florida, in the amount of$6,530,378.80 for construction of Idlewild and The Mall
Sanitary Sewer System, and Woodlawn Stormwater Improvements Project,
Project 10-0034-UT, which is the lowest responsible bid received in accordance
with the plans and specifications for this project; approve a Work Order to
Engineer-of-Record (EOR) King Engineering Associates, Inc., in the amount of
$728,582, to provide Construction Engineering and Inspection (CEI) Services;
and authorize the appropriate officials to execute same. (consent)
This Agenda Item is for the construction of a new sanitary sewer system and
improvements to the existing stormwater system in the Idlewild/The Mall
neighborhood which boundaries include Sunset Point Road to the south, Douglas
Avenue to the west, Union Street to the north, and Kings Highway to the east. The
goal of this project is to eliminate approximately 450 septic tanks and connect
them to the City's sewer system and to increase capacity to the existing storm
water system on Woodlawn Terrace to reduce flooding in the area.
The proposed storm water improvements were identified in the Final Report for
the Stevenson Creek Watershed Master Plan dated August 2001.
July 15, 2010, City Council approved Work Order to King for the design of the
project as well as the feasibility study for Sewer Expansion within the City.
April 18, 2013, the City received five bids and Metro Equipment Services was the
lowest bidder.
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After reviewing the bids, King Engineering has provided a recommendation to
award the construction of the project to Metro Equipment Services and city staff
concurs.
It is anticipated that construction will be accomplished in 695 days and be
completed by Summer 2015.King Engineering will be providing CEI Services to
this project upon the approval of the Work Order.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating and maintaining the sanitary sewer system, and the storm water
improvements will be maintained by the Engineering Department. Sufficient
funding is available as follows: $1,118,634.98 of Utility R and R revenue in 0327-
96630, Sanitary Sewer Extension; $5,595,621.32 of Sewer Tap Fees in 0315-
96630, Sanitary Sewer Extension; and $544,704.50 of Stormwater revenue is
available in Capital Improvement Program (CIP) project 0315-96169, Stevenson
Creek for total funding in the amount of$7,258,960.80.
In response to questions, Engineering Manager Rob Fahey said this will be the first project for
the City and area by Metro Equipment Services. Staff has confirmed the company has
successfully completed projects in a coastal environment. King Engineering will handle all
inspections.
Staff was directed to provide information regarding the estimated payback of the project.
8.3 Award a contract (purchase order) to Young's Communications Company, Inc. of
Melbourne, Florida for the construction of Water Treatment Plant 2 Contract 3:
Raw Water Transmission Main Expansion Project in the amount of
$6,920,083.83, which is the lowest responsible bid in accordance with plans and
specifications; and authorize the appropriate officials to execute same. (consent)
The City of Clearwater currently operates one Reverse Osmosis (RO) Water
Treatment Plant, and is preparing to build a second RO plant located at 21133 N.
US Hwy 19 within the City of Clearwater.
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 will reimburse 50% of project costs
up to $15,216,890. There is no cost to the City associated with the SWFWMD
Agreement.
This project is one of many components that are being completed for the City to
construct the second RO plant at WTP 2. This is the final component being
brought forward to the City Council for approval.
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The subject contract is for the construction of the raw water supply system along
the Southern and Eastern areas of Clearwater to the WTP 2 site. Construction of
a raw water supply system with approximately 15,400 linear feet of 16-inch
through 18-inch raw water main piping and approximately 33,000 linear feet of 6-
inch through 14-inch well transmission mains. In addition, the contractor will
perform modifications to the existing City potable water system associated with
the new raw water transmission mains.
The contract period for construction is 420 consecutive calendar days estimated
to start in June 2013 and finish in August 2014.The Public Utilities Department
shall own and maintain the proposed improvements included in this contract.
A midyear amendment will transfer$7,500,000.00 of Water Revenue (388421)
from Water Sewer Reserves to 0315-96767, Reverse Osmosis Plant at Reservoir
2, to fund the contract in the amount of$6,920,083.83 and $579,916.17 for other
contingency items.
9. Planning
9.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1305 Woodbine Street (Lot 8, Block C, Pine Ridge in Section
10, Township 29 South, Range 15 East); and pass Ordinances 8395-13, 8396-
13 and 8397-13 on first reading. (ANX2013-01003)
This voluntary annexation petition involves a 0.178-acre property consisting of
one parcel of land occupied by a Community Residential Home (up to six
residents). It is located on the south side of Woodbine Street, approximately 66
feet east of North Betty Lane. The applicant is requesting this annexation in order
to receive sanitary sewer and solid waste service from the City. The property is
located within an enclave and is contiguous to existing City boundaries to the
north, south, east and west. It is proposed that the property be assigned a Future
Land Use Plan designation of Residential Low (RL) and a zoning category of Low
Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary
sewer line is located in the adjacent Woodbine Street right-of-way. The applicant
has paid the City's sewer impact and assessment fees and is aware of the
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additional costs to extend City sewer service to this property. Collection of solid
waste will be provided by the City of Clearwater. The property is located within
Police District III and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be
provided to this property by Station 51 located at 1720 Overbrook Avenue. 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 RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 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, south, east and west; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
9.2 Approve amendments to the Community Development Code providing for
temporary wayfinding signs and revising the termination of nonconformity
provisions and pass Ordinance 8402-13 on first reading.
(TA2013-03002)
As a result of the construction on U.S. 19, significant changes in the traffic
circulation patterns have been made in the vicinity of Enterprise Road that
negatively impact the traveling public as well as properties in the area. Due to
concerns that many drivers and pedestrians will not know how to navigate these
Work Session 5/13/2013 12
changed patterns, the Planning and Development Department is proposing
revisions to the Community Development Code to allow temporary wayfinding
signs to be erected in the public right-of-way to assist the public navigate changes
to the road network. The proposed amendment would give the City Manager
authority to determine when a public construction project results in a significant
change that warrants temporary wayfinding signage. The ordinance establishes
area and height limitations and gives authority to the City Engineer to determine
the location and number of signs needed to properly direct the traveling public.
The ordinances also gives the City Engineer authority to determine the number of
properties that can be listed on each sign and allows one reference per
parcel/shopping center/office building to be on a sign. Lastly, the ordinance
specifies the city will design, fabric, install and remove all signs and the properties
listed on the sign will be responsible for the costs incurred by the City. Ordinance
8402-13 also amends the termination of status of nonconformity provisions to
clarify the application of the termination of nonconforming density standards and
to allow terminated nonconforming height in the Downtown to be rebuilt.
The amendment specifies that in order for a termination of nonconforming density
to run with the land, certain property upgrades must be implemented or
redevelopment must occur. There is also recognition that if a termination is
granted and the building improvements are subsequently demolished, the
termination is still valid. Lastly, the ordinance prohibits the conversion of
nonconforming density for another use and prohibits the use of terminated density
or intensity as transfer of development rights.
The Community Development Board (CDB) reviewed the proposed text
amendment at its meeting of April 16, 2013 and unanimously recommended
approval of the amendment. Since that meeting, proposed Code Section 3-
1806.U.2.d (page three of ordinance) has been revised to allow two references
per parcel/shopping center/office building on temporary wayfinding signs due to
concerns about the effectiveness of only one reference.
In response to questions, Planning and Development Assistant Director Gina Clayton
said the signs are anticipated along the FDOT right-of-way, in front of properties, but not
on the city streets right-of-way. There will be five signs located along Countryside
Boulevard and Village Drive. The temporary signs will help the public get oriented to
the traffic pattern. The City will be responsible for fabricating, installing and removing
the signs; the business will pay for the sign.
The City Manager said staff spoke with the Cypress Shopping Center representatives
regarding sign concerns; FDOT has accommodated design changes to address some
of their concerns. Engineering Director Mike Quillen said FDOT will not pay for signs
that are not within their right-of-way; FDOT will provide the standard business signs
along US Hwy 19 during construction.
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The Council recessed from 2:55 p.m. to 3:05 p.m.
10. Legal
10.1 Approve setting a special election on November 5, 2013 to present a referendum
question to the city electors amending the Charter of the City to allow a 60 year
lease to the Clearwater Marine Aquarium on certain city owned real property
located west of Osceola Avenue, east of the unimproved right-of way of Pierce
Boulevard, north of Pierce St. and south of Cleveland Street for construction of
an aquarium, and pass Ordinance 8418-13 on first reading.
Clearwater Marine Aquarium (CMA) located on Island Estates and Winter's
Dolphin Tale Adventure (WDTA) located in downtown are major tourist attractors
for the City of Clearwater. The CMA has outgrown its current facilities and needs
to build a new facility in order to accomplish its mission to preserve marine life and
the environment while inspiring the human spirit through leadership in education,
research, rescue, rehabilitation and release.
The CMA proposes to lease for 60 years, certain city-owned real property located
west of Osceola Avenue, east of the unimproved right-of way of Pierce Boulevard,
north of Pierce Street and south of Cleveland Street generally referred to as the
City Hall Property. A number of sections of the City Charter prohibit leasing of this
city owned property without a referendum.
The City of Clearwater has incorporated within its comprehensive plan, a future
land use element requiring that redevelopment activities be sensitive to the City's
waterfront and promote public access to the City's waterfront resources, and a
coastal management element encouraging the preservation of recreational and
commercial working waterfronts, marinas, and other water-dependent facilities. A
new Clearwater Aquarium in downtown Clearwater will facilitate the City achieving
its long-term plans for redeveloping and revitalizing its downtown and creating a
master plan for Coachman Park.
Therefore, in order to allow the use of the property for an aquarium and allow a 60
year lease term, an amendment to the City Charter to add a new section
2.01(d)(8) is recommended.
In response to questions, the City Attorney said without the referendum, the City cannot
lease the property for more than thirty years or lease the property to be used as an
aquarium. The agreement will come before Council at a later date; staff is working with
the CMA on a term sheet, which will include a negotiated cost. Public Communications
Director Joelle Castelli said an informational mailer regarding the boatslips referendum
was sent to all registered voters. The estimated cost to send the mailers is $10,000.
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Staff was directed to provide a copy of the informational mailer provided to residents for
previous Marina referendum. Item was continued to June 3, 2013.
10.2 Authorize the City Attorney to hire Jay Daigneault, Esq. of Frazer, Hubbard,
Brandt, Trask, Yacavone, Metz and Daigneault to represent the Community
Development Board and the Building/Flood Board of Appeals. (consent)
Since approximately 2005, Gina Grimes, Esq., of Hill, Ward Henderson has been
the outside counsel representing the Community Development Board. Ms.
Grimes was originally hired to avoid any possible conflicts of interest in having an
Assistant City Attorney represent the Board. Ms. Grimes has been representing
the Building/Flood Board of Adjustment and Appeals in the same capacity since
2012.Effective May 1, 2013, a conflict of interest has arisen that will prevent Ms.
Grimes from continuing to represent the CDB and B/FBOAA.
The City Attorney's Office issued a Request for Proposals that went out to
approximately 100 law firms in the Tampa Bay area. Two responses were
received.
Jay Daigneault of the law firm of Frazer, Hubbard, Brandt, Trask, Yacavone,
Metz and Daigneault has been chosen by the City Attorney to represent the
Boards at a fee of$150.00 per hour.
Funding for the representation is available and will come out of the City
Attorney's professional services budget.
11. City Manager Verbal Reports
The City Manager said Councilmember Bill Jonson raised a question regarding two
resolutions. Councilmember Jonson requested consideration to adopt resolutions
supporting: 1) the restoration and maintenance of state funding for the Tampa Bay
Regional Planning Council, and 2) the budget allocations for the Clearwater Marine
Aquarium.
Discussion ensued with direction given to draft two resolutions for Thursday's council
meeting. It was stated that the CMA resolution should include language thanking
Senator Latvala and Representative Hooper for their efforts.
12. Council Discussion Items
12.1 Business Task Force Executive Committee Recommendation Discussion -
Councilmember Jonson
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Councilmember Bill Jonson said he had expressed concerns regarding the perception
that Council has not pursued any of the Business Task Force's recommendations; he
received information listing all the recommendations and status of each
recommendation. The Business Task Force Executive Committee has completed their
work and suggested the group be sunsetted.
The Mayor thanked the Business Task Force Executive Committee for their efforts.
There was consensus to sunset the Business the Task Force Executive Committee.
In response to a question, Planning and Development Director Michael Delk said the
architectural effort to redesign/reconfigure the Municipal Services Building to
consolidate the development services function is underway.
13. Closing Comments by Mayor— None.
14. Adjourn
The meeting adjourned at 3:46 p.m.
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