02/13/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
February 13, 2006
Present: Frank V. Hibbard Mayor
William C. Jonson Vice-Mayor
Hoyt P. Hamilton Councilmember
Carlen A. Petersen Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 1:06 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
Presentations
Service Awards
Nine service awards were presented to City employees.
Frank Campbell, Public Utilities Department, was presented the February 2006
Employee of the Month award.
Police Recruit Swearing In
The City Clerk administered the Oath of Office to 11 Police Recruits.
The Council recessed from 1:19 to 1:20 p.m. to meet as the Pension Trustees.
Finance
Approve a contract with RBC Dain Rauscher, for City of Clearwater Financial Advisor, for a
period of two years and authorize the appropriate officials to execute same.
As a result of an RFP (Request for Proposals) that was conducted in 2003, RBC Dain
Rauscher was selected as the City's Financial Advisor. The RFP was for a five-year period,
however the City only entered into a three-year contract with RBC Dain Rauscher to provide
Financial Advisor services. Staff is pleased with the performance provided by RBC Dain
Rauscher and would like to finish out the final two-years with them as the City of Clearwater
Financial Advisor.
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The fees are the same as the current contract and are paid from the bond proceeds.
The services provided by the Financial Advisor include assisting the City in investigating and
obtaining capital financing.
Questions were raised regarding the Financial Advisor’s fees and how much has been
paid to them. Staff to provide.
Gas System
Approve the Award of Bid 07-06 Gas Material Polyethylene Pipe and Fittings Lines 1-10 and
Line 144 and issue a Purchase Order in the amount of $480,000 for the period March 1, 2006 to
February 28, 2007 to Chris Georges Sales Utility Products and authorize the appropriate
officials to execute same.
Chris Georges Sales Utility Products P.O. Box 22310 Knoxville, TN 37933 was the low
bidder on Bid 07-06 for lines 1-10 (Pipe 2406 and 3408) and Line 144 (Valve Boxes) with an
actual bid of $442,677. This material is Code-approved and will be utilized to replace or install
new gas mains and service lines in the Clearwater Gas Distribution System to include
expansion into central Pasco County.
In response to a question, Clearwater Gas System Managing Director Chuck Warrington
said the purchase order is greater than the bid amount to cover any increases.
Library
Award a contract to Unique Management Services, Inc., Jeffersonville, Indiana, for recovery of
overdue library materials and past due account charges at a cost not to exceed $14,000 and
authorize the appropriate officials to execute same.
Unique Management Services, Inc., deals exclusively with monetary and materials
recovery for libraries, and pledges that their services is "budget neutral"; the Library will never
be billed for collection fees exceeding the amount of money recovered from collection of
overdue fines. Based on a current annual circulation figure of 1.1 million items, it is anticipated
that Unique Management Services, Inc., will recover in excess of $14,000 annually in fines
alone, exclusive of the value of the returned library material.
Over 16,000 items with a replacement cost of over a quarter million dollars are
considered lost each year from the Clearwater Public Library System. Before an item reaches
that status, three phone calls remind our patrons to return their lost material. At this time,
however, we do not go any further. No bill is sent and no further attempt is made to contact the
patron. Unique Management Services, Inc. specializes in getting library materials returned
while maintaining the good will of the public. The major advantage of using this service is that
more material will be available for the residents of Clearwater. Since the Library pays a flat fee
"per account" (one patron with overdue material), all funds collected above the "budget neutral"
level also will be added income for the City of Clearwater.
The current request entails an increase to the Library's FY (Fiscal Year) 2005/06
operating budget in the amount of $14,000, which will be paid to Unique Management Services,
Inc., and is completely offset by a $14,000 increase in FY 2005-2006 projected revenues from
fines and fees. These amendments will be made at the second quarter budget review. The
Finance Director and the Budget Director concur with this request.
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In response to a question, Library Director Barbara Pickell said the company telephones
and mails letters to patrons with overdue materials. When offenders reach the $25 threshold,
they cannot check out materials, although they may view materials on site. The Library is less
interested in increased income than in reclaiming its delinquent materials.
Marine and Aviation
Approve Contract #05101 – Florida Boating Improvement Program (FBIP) Grant Agreement
with the Florida Fish and Wildlife Conservation Commission (FWC)and authorize the
appropriate officials to execute same.
The Florida Fish and Wildlife Conservation Commission (FWC) offers a program for
funding the cost of engineering services related to boating access facilities. The Marine &
Aviation Department applied for a grant and received notice of being awarded funds to hire an
engineering firm to do a High & Dry Marina Multi-Site Feasibility Study.
The engineering firm of record Wade-Trim, estimated the cost to prepare the study to be
$54,000. Under the terms of the agreement, the FWC will pay the City on a cost reimbursement
basis an amount not to exceed $40,400. The City will be responsible for $13,600. Wade-Trim
will do the feasibility study.
In response to a question, Marine & Aviation Director Bill Morris said the study will also
include Jack Russell Stadium and Stevenson Creek sites. The land purchased by the City in
the Greenwood neighborhood is not being considered. Land acquisition is not in the study’s
scope. Staff anticipates completion of the study by December 2006.
Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement
with the Florida Department of Transportation, District Seven, so that aesthetic improvements
can be made to a portion of SR 60 (Memorial Causeway 770 feet west of the Memorial
Causeway Bridge to the Clearwater Harbor Channel) and Adopt Resolution #06-09 authorizing
execution of said Highway Landscape Maintenance Memorandum of Agreement.
The City of Clearwater desires to improve and beautify the right-of-way for State Road
60 (Memorial Causeway 770 feet west of the Memorial Causeway Bridge to the Clearwater
Harbor Channel). FDOT (Florida Department of Transportation), District Seven, has allocated
funds for landscape improvements in conjunction with the construction or reconstruction of State
Road 60 (Memorial Causeway), under FP#403730-1-54-01, and is authorized pursuant to
Section 334.044, Florida Statutes, to reimburse the City for eligible landscape expenditures.
FDOT has estimated $150,000 for these landscape improvements.
Upon installation of the landscape improvements, the City has agreed to maintain same
at its sole expense and in a reasonable manner. The City already is responsible for maintaining
this area with the funds already allocated in the Parks and Recreation budget. The revitalization
and landscape enhancements of State Road 60 (Memorial Causeway) will leave a positive
impression on visitors and residents alike. FDOT requires a Memorandum of Agreement to
allow landscaping within their right-of-way.
Due to this being a standard agreement, FDOT was not inclined to make changes
recommended by the City legal staff: 1) Documenting that the City nor FDOT was waiving
sovereign immunity as provided in FS 768.28, and 2) Allowing the City to have rights along with
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FDOT to resolve claims rather than allowing FDOT to settle claims on their own. Staff is
recommending approval of the agreement even without these amendments due to the nature of
the agreement and the fact the City has not encountered problems with other agreements
similar to this one with FDOT.
In response to a question, Parks & Recreation Director Kevin Dunbar said the projects
are expected to be completed in August 2006.
Engineering
Declare as surplus for the purpose of offering for sale by Invitation For Bid #12-06 vacant
residential lots described as PALM PARK, Block C, Lot 16 (900 La Salle St.) at minimum bid
amount of $40,000, FAIRMONT SUB., Block G, Lot 6 (1406 N. Madison Avenue) and Lot 7
(1134 Carlton Street) at minimum bid amount of $36,000 each, all lots to be used for
construction of housing affordable for qualified buyers having household income under 80% of
Area Median Income.
PALM PARK, Block C, Lot 16 came into City ownership by County Deed dated
December 23, 1997. FAIRMONT SUB., Block G, Lots 6 & 7 were conveyed to the City by Quit-
Claim Deed on October 8, 1998 in lieu of the owner paying $2240 in City lot clearing liens, and
$797 in delinquent property taxes. On January 2, 2006, State Certified Appraiser Joseph A.
Fornito performed appraisals of each of the three lots. Mr. Fornito valued the 7,500 square-foot
PALM PARK lot at $40,000, and the two 6,783 square-foot FAIRMONT SUB. lots at $36,000
per lot.
Upon the subject parcels being declared surplus they will be offered for sale by Invitation
For Bid 12-06 in compliance with City purchasing regulations. To continue fostering
construction of affordable housing in the North Greenwood neighborhood, it is recommended
the successful bidder construct housing that prospective buyers earning under 80% of Area
Median Income would qualify to purchase.
Concern was expressed high construction costs may make affordable housing
impossible.
Award a contract to Professional Piping Services, Incorporated in the amount of $177,704, for
sanitary sewer force main cleaning at various locations throughout the City, using the unit prices
established in a contract with Pinellas County, Florida, for Pipe Pigging Services (Contract No.
#045-52-B) and that the appropriate officials be authorized to execute same.
The City of Clearwater has initiated a comprehensive sanitary sewer program to clean
and rehabilitate pressurized force mains. The intent is to restore maximum flow capacity to the
City’s existing wastewater force mains conveying raw sewage within the wastewater collection
system, allowing the mains to function as designed as well as reducing energy costs associated
with pump stations having to pump through partially obstructed lines. The work included in this
contract predominantly focuses on the Marshall Street basin that includes the beach and
western mainland and will involve 49,230 linear feet of pipeline.
Pinellas County, Florida, awarded a contract (# 045-52-B) to Professional Piping
Services, Incorporated of Wesley Chapel, with an effective date of April 11, 2005, for a term of
three years. Professional Piping Services, Incorporated has agreed to perform these services
for the City based on the unit prices established in the Pinellas County contract referenced
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above. Resolution #04-36 was passed on December 16, 2004, establishing the City’s intent to
reimburse certain project costs incurred with future tax-exempt financing. The projects identified
with 2006 revenue bonds as a funding source were included in the project list associated with
Resolution #04-36.
In response to a question, Utilities Engineering Manager Bob Fahey, said the pipes are
cleaned cyclically.
Approve Change Order #1 to JTV, Incorporated, in the amount of $500,000 for sanitary sewer
line cleaning, inspection and rehabilitation at various locations throughout the City of
Clearwater, increasing the contract previously approved August 4, 2005, for a new contract total
of $700,000, and that the appropriate officials be authorized to execute same.
The City has determined that $500,000 will be necessary to clean, inspect and repair
existing sanitary sewer pipelines in 2006. The goal is to maintain the integrity of the sanitary
sewer system and minimize disruptions in service to our citizens.
The City of Gulfport, Florida, awarded a contract (Bid No. 2005-03) to J.T.V.,
Incorporated, with an effective date of March 1, 2005, for a term of two years with additional
annual renewal periods upon consent of both parties. The Clearwater City Council awarded a
contract for $200,000 accepting the terms of the City of Gulfport’s contract on August 4, 2005.
JTV Inc. has agreed to honor the rate schedule as outlined in the City of Gulfport contract
through 2006.
The City of Clearwater will direct the contractor to those high priority areas as
established in the Sanitary Sewer Evaluation Study. These areas are primarily located along
the beach with minor work throughout the City. These efforts will continue until the entire
$500,000 is expended. Resolution #04-36 was passed on December 16, 2004, establishing the
City’s intent to reimburse certain project costs incurred with future tax-exempt financing. The
projects identified with 2006 revenue bonds as a funding source were included in the project list
associated with Resolution #04-36.
In response to a question, Mr. Quillen said there are annual repair & replacement CIPs
which are funded by utility fees.
Public Services
Approve Change Order #1 to the Drew/Union Street Reclaimed Water System – Contract #2 –
Booster Pumping Stations (01-0039-UT) to TLC Diversified, Inc. of Palmetto, Florida increasing
the contract amount by $781,890 for a new contract total of $3,371,290 and approve a time
extension of 43 calendars days and the appropriate officials be authorized to execute same.
The City Council previously awarded this contract to TLC Diversified, Inc. at the
September 15, 2005, Council Meeting for the amount of $2,589,400. The Drew / Union Street
Booster Pump Station project was bid on June 21, 2005, and awarded to TLC on September 15,
2005. Due to concern from the public about the selected site, it was decided to pursue an
alternate location. Several sites were analyzed and in the interest of time a Pinellas County
stormwater treatment and mitigation site located on the southwest corner of the intersection of
McMullen-Booth Road and Union Street just around the corner from the original site was
selected.
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Pursuant to this selection and approval from Pinellas County, an easement was
obtained and the pump station was redesigned to meet the new site conditions. The new
design includes installation of a steel sheet pile retaining wall system around the building within
the pond area. The pump station will be constructed as a conventional slab on grade facility.
The facility suction and discharge lines will be constructed along the west side of McMullen-
Booth Road and connected to the existing infrastructure at the intersection of McMullen-Booth
Road and Union Street.
This change order is to include the additional construction costs associated with the new
site and escalation due to the delay in start of construction precipitated by the site relocation for
the Union Street Pump Station. This also includes the additional requirements set forth by the
City of Clearwater Building Department for the Drew Pump Station.
In response to a question, Assistant Director Public Utilities Todd Petrie said savings
were realized from other projects. This item will not jeopardize other projects.
In response to a concern regarding the project’s cost, Mr. Petrie said staff worked many
years to find a site. He doubted the County would approve another site. As the former site is in
the County, the City would have to annex it, and go through the approval process.
It was noted SWFWMD (Southwest Florida Water Management District) funding has an
expiration date.
Planning
Approve an amended Development Agreement between Executive Corporation of Clearwater,
Inc. (the property owner) and the City of Clearwater (previously approved DVA2004-00004 by
City Council on May 19, 2005) and Adopt Resolution #06-04.
The subject site consists of 44.2 acres of land located at 2506 Countryside Boulevard,
and known as the Countryside Executive Golf Course. A Flexible Standard Development (FLS)
application, for attached dwellings in the Medium Density Residential (MDR) zoning district, is
still pending. The City Council originally approved a Development Agreement for this property
on May 19, 2005, (DVA2004-00004), which was amended. (DVA2004-00004A). This
agreement allows for the development of (not to exceed) 280 residential units.
The applicant is proposing the following revisions to the approved development
agreement: 1) Eliminates the prohibition of left-hand turns from Enterprise Road to S.R. 580 (in
response to concerns raised by FDOT regarding the associated Land Use Plan amendment); 2)
Limits ingress/egress onto Enterprise Road (that the Corvina/Enterprise Road intersection be
channelized to allow left and right turns onto Corvina, but only right turns out of Corvina); 3)
Grants a replacement easement related to raw water wells; 4) Affirms municipal solid waste
removal service; and 5) Deletes a provision regarding the utilization of impact fees.
The CDB reviewed the proposed amended Development Agreement on January 17,
2006, and recommended approval.
Assistant Planning Director Gina Clayton said the CDB vote was unanimous and DCA
(Florida Department of Community Affairs) has approved the LUP amendment.
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Hotel Incentives
Planning Director Michael Delk reviewed proposed hotel incentives which includes
raising the density allowing an additional 10 units, in addition to the normal 20% that can be
transferred in, but only for the purpose of overnight accommodations. Staff also proposes
eliminating the cap on transferred units for overnight accommodations. He said these changes
would allow more units at the beach increasing the number of units in the pool.
Discussion ensued and it was felt allowing 60 to 70 units per acre is a more attractive
incentive for hoteliers than increasing from 40-50 units per acre.
Concern was expressed in allowing more mass and height in the Old Florida District and
it was felt more flexibility should be allowed for overnight accommodations.
Staff was thanked for their efforts and It was commented this proposal is not the ultimate
resolution but is something that can be done quickly.
City Manager
Provide Direction regarding Code amendments addressing signs allowed during major
construction projects.
Requests have been made to allow additional signs for Clearwater beach businesses
during construction of Beach Walk. Specifically, sandwich boards, outdoor displays, umbrellas
with advertising and relocation of the Harborview Center’s sign to the Pier 60 area have been
requested.
Development & Neighborhood Services Director Jeff Kronschnabl said staff met with the
Clearwater Beach Chamber of Commerce regarding helping businesses during Beach Walk
construction. Staff supports directional and sandwich signs, but opposes outdoor displays,
umbrellas with signage, or relocating the Harborview Center sign.
Sheila Cole, representing the Clearwater Beach Chamber of Commerce, said the
Chamber and the Downtown Clearwater Partnership support outdoor displays of merchandise
and vendor umbrella signs during the construction phase, and relocating the Harborview Center
sign. She said the Chamber has been working on this issue for three years. She said, as a
portion of some streets will be closed, businesses need to be seen from a farther distance. She
suggested the temporary use of pole signs with changeable messages.
Discussion ensued and it was remarked umbrella signs do not create an objectional
ambiance, the Harborview Center sign is useless in its current location and should be relocated.
Pier 60 Park was suggested, but it was felt that location may not be the best choice. It was
suggested the Beach Chamber be asked to help with the costs to relocate the Harborview sign.
In response to a question, Assistant City Attorney Leslie Dougall-Sides said certain
changes would require Code amendments and could be done without undermining the overall
sign code. She said content cannot be regulated and urged caution regarding advertising on
umbrellas.
Concern was expressed some signs can be distracting especially changeable message
signs in pedestrian areas. She said temporary pole signs with changeable messages had been
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suggested. It was remarked pole signs would not impede pedestrian traffic as much as
sandwich board signs.
Discussion ensued regarding outdoor displays and it was felt they would be more of a
problem than a benefit. In response to a question, Mr. Kronschnabl said Code permits outdoor
display for no more than seven consecutive days, four times a year.
Discussion ensued and it was indicated umbrellas decorated with corporate logos are
universally accepted except in Clearwater. The City Attorney said the City can regulate the size
of the umbrella but not the content.
Support was expressed to allow temporary construction related sandwich board or pole
signs, with staff determining sizes, placement, and location, but not to allow outdoor displays or
umbrellas with advertising.
Staff to explore relocating the Harborview Center sign.
City Manager Verbal Reports
Impact of Feb 3, 2006 Storm
Public Works Administrator Mashid Arasteh reviewed storm events that occurred on
February 3, 2006. She said some areas in the City received high amounts of rainfall, especially
near Kapok Park.
Concern was expressed in not responding to a citizen request that barricades be placed
in the street near Tropic Hills. The City Manager said when there are a series of events
happening simultaneously, one event may not receive the urgency the caller expects. Staff
continues to make improvements and address stormwater issues throughout the City.
Emergency Management Coordinator Bill Vola said this past storm gave the City the
opportunity to identify areas that still need work.
In response to a request Council be informed of areas of concern, the City Manager said
the Council is notified regarding significant events, but it is impossible to contact each
Councilmember in real time when many events occur simultaneously. Ms. Arasteh said the
Public Works Department did not receive any calls during this last storm and there was no major
flooding.
In response to a question, Public Utilities Director Andy Neff said the Northeast Plant
does not have lightning protection and Progress Energy equipment suffered a lightning strike.
It was remarked most citizens are aware of streets that will experience some flooding
during heavy rainfalls, and there was no need for staff to contact the Council during the past
storm.
Joint CDB/Council Meeting
Planning Director Michael Delk provided a list of topics for the upcoming joint meeting
and Council prioritzed those topics they wished to discuss.
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Discussion re keeping the County in Downtown
The City Manager reported he met with County staff this morning regarding Downtown
presence issues. The County’s consultant will be providing a report to the Board of County
Commissioners (BOCC) highlighting recommendations regarding the County creating a public
safety campus in the Ulmerton Road area, consolidating public works concerns, addressing
records management needs, a health services campus, and a general governmental office. City
staff has agreed to look at options and co-fund a separate consultant to come up with concepts
and ideas. Both the County and the City have had conversations with Opus.
Council Discussion Items
Mandalay Wake Zone
Marine & Aviation Director Bill Morris said the Council had previously discussed
amending its ordinance to allow vessels 20 feet and under to transition the recreation zone in
Mandalay Channel. The MAB (Marine Advisory Board) supports allowing vessels under 25 feet
to transition the recreation zone in Mandalay Channel at speed, and the no wake zone extend
from the current boundary to 500 feet north of the boat ramp. Concern was expressed some
docks extend out into the channel and a number of property owners own bottomland.
Discussion ensued with comments there have been no documented accidents or injuries
in the area in the last 10 years, higher wakes have occurred during weather events than those
created by large vessels, and safety should be considered before accidents occur. Concern
was expressed regarding enforcement.
In response to a question, Mr. Morris said the narrowest point in the channel is 600 feet.
He said staff is researching who owns the bottomland in the area. It was remarked that most
citations in the area have been to given to smaller recreational boaters. Mr. Morris said the
MAB’s recommendation has changed its original recommendation, as it has new membership,
however, one member still strongly opposes this change. It was noted this member is
advocating the City establish a marine enforcement unit.
Staff was directed to go forward with an amendment to bring back to Council.
MPO/PMI Update - Hibbard
The Mayor gave an update regarding the MPO/PMI. A recommendation was made to
fund the Pinellas Suncoast Transit Authority (PSTA) with $2.3 million and for the PMI Chair to
cobble additional money. The City would be limited to $700,000 and would be responsible for
another $700,000. Supporting documents would also be required regarding feasibility of the
guideway. He said the decision still has to go to the PSTA and they would make their
recommendation. There is an another $1 million add on which will be available in increments
over the next four years. He said Downtown to the Beach seemed to be the most logical route
and felt the City should not have to go this alone. He questioned whether the City is willing to
fund $700,000.
Discussion ensued and it was indicated this is a regional challenge and support was
expressed for a countywide study. Opposition was expressed in Clearwater having to come up
with an additional $700,000. It was believed a new study would not differ from the 2003 study
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that included the Downtown to beach guideway system. Without a transportation alternative
Clearwater will need to consider a parking garage and it was felt there are still many questions
that need to be answered.
Other Council Action
Councilmember Jonson said the Suncoast League of Cities is supporting the Arza
amendment that would get the County out of the municipal land use planning process and
indicated it could unintentionally torpedo the Pinellas Planning Council process. He said there
has been discussion regarding local governments having surplus dollars because of increased
property taxes.
Councilmember Petersen said she and Councilmember Doran will present the 10-Year
Homeless Task Force Plan at the second meeting in March, the Florida League of Cities has
concerns regarding the unintended consequences of the Kelo decision and how it could affect
CRAs, and requested Council’s position to present to the TBRPC.
Mayor Hibbard referred to a local bill for hurricane shelters being sponsored by Charlotte
County and it was indicated Emergency Management is at the County level. Support was
expressed even though the City may not receive funds. He asked if Chief Geer wanted to
weigh in on the CRC fire issues. An opinion will be provided to Council.
Adjourn
The meeting adjourned at 4:54 p.m.
Council Work Session 2006-02-13 10