04/20/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 20, 2006
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
Hoyt P. Hamilton Councilmember
William C. Jonson 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
Patricia O. Sullivan Board Reporter
The Mayor called meeting to order at 6:00 p.m. at City Hall. The invocation was offered
by Reverend Randy Morris from Woodlawn Church of God. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Introductions and Awards:
4.1 Service Awards
Two service awards were presented to City employees.
4.2 Future of the Region Infrastructure Award
The City was awarded TBRPC’s (Tampa Bay Regional Planning Council) second place
Future of the Region Infrastructure Award for the Kapok Wetland and Restoration Project.
5 - Presentations:
5.1 Home and Neighborhood of the Quarter
Neighborhood of the Quarter was presented to the Winding Wood Village neighborhood
and Home of the Quarter awards were presented to Robert Mason of 2397 Wind Gap Place,
Cameron & Jacqueline McCulloch of 501 Richards Avenue, and Frank & Florence Jones of
1584 Farrier Drive.
5.2 Home and Neighborhood of the Year
Neighborhood of the Year for 2005/06 was presented to Imperial Park and Home of the
Year was presented to George & Elizabeth Davis of 1962 Harding Street.
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5.3 Proclamation - Older Americans Month – May 2006
5.4 Proclamation - National Day of Prayer - May 4, 2006
6 - Approval of Minutes
6.1 City Council – March 16, 2006
AND
6.2 City Council – April 6, 2006
Councilmember Hamilton moved to approve the minutes of the regular meetings of
March 16 and April 6, 2006, as recorded and submitted in written summation by the City Clerk
motioncarried
to each Councilmember. The was duly seconded and unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
John Wiser thanked the City for recognizing his neighborhood and the Mayor for
speaking at Kennedy Middle School, and offered well water from Winding Wood Village for
improved landscaping on nearby Countryside Boulevard medians.
Jerry Murphy expressed frustration that litigation related to short-term rentals on
Clearwater beach has dragged on for many years and requested that the City not mediate its
position as the issue affects residents’ quality of life.
Public Hearings - Not before 6:00 p.m.
8 - Administrative public hearings
8.1 Adopt Resolution 06-25 approving the City of Clearwater - State Housing Initiatives
Partnership (SHIP) Program Local Housing Assistance Plan covering State Fiscal Years 2006-
2009.
The City receives an annual allocation from the State of Florida through the Florida
Housing Finance Corporation under the State Housing Initiatives Partnership (SHIP) Program.
For FY (Fiscal Year) 2006/07, the City is estimated to receive a SHIP allocation of
approximately $1,041,268. This figure could increase depending on if the State Legislature
provides full funding to the State and Local Housing Trust Fund during this year's legislative
session.
The City expends SHIP funds as per the strategies outlined in our Local Housing
Assistance Plan (LHAP). The City’s current LHAP covers fiscal years 2003-2006. Some of the
activities that SHIP funds are used for include: downpayment assistance, rehabilitation, and new
construction, just to name a few. This new LHAP covers fiscal years FY 2006/07, 2007/08 &
2008/09, and basically is a continuation of the City’s current LHAP, but staff has added two new
strategies - a “Rental Deposit – Eviction Protection” strategy and a “Disaster Mitigation”
strategy.
The City’s Neighborhood and Affordable Housing Advisory Board recommended
approval of this plan on April 11, 2006.
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The Florida Housing Finance Corporation has done a cursory review of the draft plan
and stated that it met all of the program requirements. The FY 2006-09 LHAP is statutorily due
to the Florida Housing Finance Corporation by May 2, 2006.
Councilmember Petersen moved to approve the City of Clearwater - State Housing
Initiatives Partnership (SHIP) Program Local Housing Assistance Plan covering State Fiscal
motion carried
Years 2006-2009. The was duly seconded and unanimously.
Resolution 06-25 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 06-25 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
8.2 Approve the applicant's request to vacate a 5-foot drainage and utility easement lying along
the north property line of Lot 4, Unit Two Island Estates and to vacate the 5-foot drainage and
utility easement lying along the south property line of Unit Two Island Estates, (a.k.a. 125 and
143 Island Way), subject to a condition, and pass Ordinance 7628-06 on first reading,
(VAC2006-06 G.F.B. Development, LLC).
Proposed is the redevelopment of two properties presently developed with multiple-
family buildings by consolidating the two properties into a single condominium development.
The CDB (Community Development Board) approved two Flexible Development Cases on
January 17, 2006, allowing the construction of a single 27-unit condominium building on the
subject property. Verizon, Knology, Bright House and Progress Energy have no objections to
the vacation request.
The City of Clearwater presently has a 30-inch stormwater pipe in the subject
easements. The applicant has submitted a plan proposing a replacement easement that is
satisfactory to Public Works Administration. The existing storm pipe will be relocated by the
applicant at their expense. According to a condition of approval contained in the ordinance, the
vacation will not become effective until the applicant deeds to the City of Clearwater a
replacement easement satisfactory to the City Engineer. Public Works Administration has no
objections to the vacation request subject to the aforementioned condition.
Councilmember Doran moved to approve the applicant's request to vacate a 5-foot
drainage and utility easement lying along the north property line of Lot 4, Unit Two Island
Estates and to vacate the 5-foot drainage and utility easement lying along the south property
motion
line of Unit Two Island Estates, (a.k.a. 125 and 143 Island Way). The was duly
carried
seconded and unanimously.
Ordinance 7628-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance 7628-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
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"Nays": None.
8.3 Approve the applicant's request to vacate a portion of Osceola Avenue lying adjacent to
Lots 4 through 11 of Jennie Cate subdivision, (a.k.a. 400 Jones Street), a portion of an
alleyway, three drainage and utility easements and a public ingress-egress easement, all more
particularly described in Ordinance 7613-05, and pass Ordinance 7613-06 on first reading
subject to conditions, (VAC2005-12 Island View Properties, LLC; Harrison Village Properties,
LLC; Triangle Land S.A., LLC; and Georgia Street Properties, LLC).
The applicant proposes to consolidate approximately 4.97 acres of property into two
developments, a 279 unit condominium to be known as Island View and a retail/residential
building proposed to house 45 residential units and 30,000 square-feet of non-residential floor
area. The applicant has agreed to deed to the City of Clearwater the right-of-way needed to
construct a new Osceola Avenue segment from Georgia Street south to Jones Street in
alignment with the existing intersection of Osceola Avenue on the north side of Georgia Street.
Several conditions of approval are proposed as part of the vacation ordinance to protect
the City of Clearwater and private utility interests in this street portion. Accordingly, the vacation
ordinance will not become effective until; 1) Unencumbered title to the new right-of-way is
deeded to the City, 2) The new right-of-way for Osceola Avenue is improved adequately to
accommodate emergency vehicles, 3) All utilities in the portion of Osceola Avenue to be
vacated shall be relocated to the satisfaction of the owners of the utilities and at the sole
expense of the applicant, and 4) Within 30 days of adoption of the ordinance, the applicant shall
provide to the City of Clearwater a performance bond of an amount not less than $1 million to
pay for the cost to make the final improvements to complete the newly deeded portion of
Osceola Avenue within two years of the date of adoption of this ordinance. If the applicant does
not meet all conditions required to effectuate the ordinance within 180 days, the ordinance will
be rendered null and void.
Verizon, Knology, Clearwater Gas and Progress Energy have facilities present in the
right-of-way portion to be vacated and have no objection provided that the applicant bears all
relocation costs for their facilities. Bright House Networks has no objections to the vacation
request. Public Works Administration has no objections to the vacation request provided that
the proposed conditions of approval are adopted.
Councilmember Jonson moved to approve the applicant's request to vacate a portion of
Osceola Avenue lying adjacent to Lots 4 through 11 of Jennie Cate subdivision, (a.k.a. 400
Jones Street), a portion of an alleyway, three drainage and utility easements and a public
motion
ingress-egress easement, all more particularly described in Ordinance 7613-05. The
carried
was duly seconded and unanimously.
Ordinance 7613-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7613-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
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8.4 Approve amendments to the Community Development Code increasing parking
requirements for residential infill in HDR Zone and allowing sandwich board signs during public
construction projects and pass Ordinance 7630-06 on first reading.
The amendments present a change in current policy or a new policy issue and are
outlined: 1) Parking Requirements - This ordinance increases the Residential Infill Project
minimum parking space requirement for residential dwellings from one space to two spaces per
unit in the HDR Zoning District; 2) Sign Requirements - This ordinance proposes an amendment
to the exception for the prohibition of sandwich board signs. The amendment permits sandwich
board signs during public construction projects. The CDB recommended approval of the
proposed amendment at its regularly scheduled meeting on April 18, 2006.
Sheila Cole, representing the Clearwater Beach Chamber of Commerce, supported the
amendments, stating that Chamber concerns had been answered.
Concern was expressed that merchants could display sandwich board signs when road
construction activity does not abut their businesses. Assistant City Manager Garry Brumback
said the language is designed to help Code enforcement staff administer the change. It was felt
the proposal represents a reasonable collaboration between businesses and the City.
Councilmember Jonson moved to amend Ordinance 7630-06, Section Y, sentence one
to delete, “that are scheduled to last 180 days or longer” and to modify paragraph 2 to read “. . .
for the duration of the public construction project on the street right-of-way adjoining the
property and shall be removed. . .“ There was no second.
Councilmember Petersen moved to approve amendments to the Community
Development Code increasing parking requirements for residential infill in HDR Zone and
motion
allowing sandwich board signs during public construction projects. The was duly
seconded. Councilmembers Petersen, Hamilton, Doran, and Mayor Hibbard voted “Aye”;
carried
Councilmember Jonson voted “Nay.” Motion .
Ordinance 7630-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance 7630-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Petersen, Doran, and Hibbard.
"Nays": Jonson.
Motion carried
.
Council 2006-04-20 5
9 - Quasi-judicial public hearings
9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas
Amendment from the County R-3, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 1734 Lucas Drive (Lot 21, Block 5, according to the Plat
of Virginia Grove Terrace Third Addition); and Pass Ordinances 7610-06, 7611-06 & 7612-06 on
first reading.
This annexation involves a 0.192-acre property consisting of one parcel, which is located
on the east side of Lucas Drive, approximately 650 feet north of the intersection of Lucas Drive
and SR 590. The property is located within an enclave and is not contiguous to existing City
boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements
with regard to voluntary annexation. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service from the City. The subject site is approximately
0.192 acre in area and is being developed with a single family detached dwelling. 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 Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The subject site is located within an enclave, is
not contiguous to City boundaries reduces the enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff
in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no
objections have been raised. The CDB reviewed this proposed annexation at its regularly
scheduled meeting on March 21, 2006 and unanimously recommended approval.
Councilmember Jonson moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Low (RL) Category to the City Residential Low
(RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential
District to the City Low Medium Density Residential (LMDR) District for 1734 Lucas Drive (Lot
motion
21, Block 5, according to the Plat of Virginia Grove Terrace Third Addition). The was
carried
duly seconded and unanimously.
Ordinance 7610-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7610-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-04-20 6
Ordinance 7611-06 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7611-06 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Ordinance 7612-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance 7612-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
9.2 Continue to May 4, 2006, approval of the Petition for Annexation, Future Land Use Plan
Amendment from the County Residential Urban (RU) Category to the City Residential Urban
(RU) Category and Zoning Atlas Amendment from the County R-2, Single-Family Residential
District to the City Low Medium Density Residential (LMDR) District for 3076 Cherry Lane
(consisting of a portion of metes and bounds 22/28 in Section 16-29-16); and Ordinances 7607-
06, 7608-06 & 7609-06 on first reading.
motion
Councilmember Petersen moved to continue Item 9.2 to May 4, 2006. The was
carried
duly seconded and unanimously.
10 - Second Readings - public hearing
10.1 Adopt Ordinance 7617-06 on second reading, relating to the building and development
regulations, creating Section 47.053 Radio System Regulations for Buildings, to provide
regulations for a radio signal booster system for a predicated reduction in the radio signal
through fade margin studies, resulting from a new building development, to a level to assure the
95% area coverage reliability needed for public safety communications.
Ordinance 7617-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7617-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Jonson, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton.
10.2 Adopt Ordinance 7605-06 on second reading, amending the Community Development
Code Article 2 by revising comprehensive infill redevelopment project flexibility criteria;
increasing the minimum off-street parking requirements for residential infill projects; increasing
the density for overnight accommodation units; permitting restaurants as a minimum standard
development use; revising flexible standard development provisions for restaurants; amending
Council 2006-04-20 7
Article 3 to allow parking vehicles on grass with restrictions; addressing graffiti; authorizing
specified personnel to remove inoperative vehicles on public property; preventing building
attachments from being garish or gaudy; amending Article 8 by revising definitions.
Ordinance 7605-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance 7605-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
City Manager Reports
11 - Consent Agenda- Approved as submitted less Item 11.1.
11.1 See page 9.
11.2 Approve the Award of the Second and Final Rollover of Bid 10-04 Lines 2, 3, and 5 Gas
Meters and Regulators and issue a Purchase Order in the amount of $125,000 for the period
May 1, 2006 to April 30, 2007 to American Meter Company C/O The Avanti Company and
authorize the appropriate officials to execute same.)
11.3 Amendment and Assignment of Operator's Agreement for the Main Library Café from
Raven of Tampa Bay, Inc., to The Bookworm Café, LLC, for a period of three years with one
option to renew for three years and authorize the appropriate officials to execute same.
11.4 Approve a Communication Easement with Verizon Florida Inc. for the installation and
maintenance of telephone lines at the Clearwater Airpark.)
11.5 Award a contract for civil work for a portion of SR 60 (the east entrance to the Memorial
Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Keystone
Excavators, Inc. of Oldsmar, Florida, in the amount of $220,330, which includes base bid,
alternates 12-27a and a 10% contingency and authorize the appropriate officials to execute
same.
11.6 Award a contract for landscape and irrigation for a portion of SR 60 (the east entrance to
the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Smith
Landscaping Services, Inc. of Clearwater, Florida, in the amount of $552,481.05, which includes
base bid, and a 10% contingency and authorize the appropriate officials to execute same.
11.7 Award a contract to renovate The Long Center Pool (Bid 06-0014-PR) to Aquamarine
Swimming Pool Company, Clearwater, Florida for $324,600 which includes Alternate 1 and 10%
contingency and authorize the appropriate officials to execute same.
11.8 Approve the hiring of outside Legal counsel, Shulman Rogers Gandal Pordy & Ecker, P.A.
of Rockville, Maryland, for representation during the rebanding of the City of Clearwater's 800
MHz radio system for an amount not to exceed $50,000 and authorize the appropriate officials
to execute all documents related thereto.
Council 2006-04-20 8
11.9 Approve the Cooperative Funding Agreement with the Southwest Florida Water
Management District (SWFWMD) for the Clearwater Reclaimed Water Meter Retrofit Project
which provides reimbursement of project costs up to $825,000 of the total estimated project cost
of $1,650,000 and that the appropriate officials be authorized to execute same.
11.10 Approve a work order to Jones Edmunds & Associates, Inc., Clearwater Fl., in the amount
of $361,020 for the East, Marshall Street and Northeast APCFs Headworks Design Project,
Project 05-0063-UT, and that the appropriate officials be authorized to execute same.
11.11 Approve a Contract For Sale of Real Property with Clearwater Neighborhood Housing
Services, Inc. to sell real property legally described as PALM PARK, Block C, Lot 16 and
FAIRMONT SUB., Block G, Lots 6 and 7, for the total sum of $130,000, and authorize
appropriate officials to execute same, together with related instruments required to effect
closing.
11.12 Appoint Councilmembers as Representatives on Regional and Miscellaneous Boards:
Hibbard - Mayor's Council, Tampa Bay Partnership Board of Governors and Policy Board,
Metropolitan Planning Organization; Jonson - Suncoast League of Municipalities Board of
Directors, Tampa Bay Estuary Policy Board, Courtney-Campbell Scenic Highway Board,
Pinellas County Economic Development Council, Pinellas Suncoast Transit Authority; Hamilton
- Barrier Island Governmental Council, Pinellas Planning Council, Pension Advisory Committee;
Petersen - Tampa Bay Regional Planning Council, Homeless Leadership Network, Sisters
Cities Advisory Board, Pension Advisory Committee; and Doran - Homeless Leadership
Network, Pension Advisory Committee.
11.13 Approve a one-year extension for Polymer Services (04-0063-UT) (RFP 16-05) to
Polydyne, Inc., of Riceboro, GA, for the sum of $189,946.83 and authorize the appropriate
officials to execute same.
Councilmember Jonson moved to approve the Consent Agenda as submitted, less Item
motion
11.1, and that the appropriate officials be authorized to execute same. The was duly
carried
seconded and unanimously.
11.1 Authorize settlement of the workers’ compensation claim of Claimant, Tyrone Booze, in its
entirety to include medical, indemnity and attorney fees for the sum of $81,500, and that the
appropriate officials be authorized to execute same.
On September 15, 2004, Claimant, a solid waste worker for the City of Clearwater,
sustained a significant leg injury at work that is the basis of his pending workers’ compensation
(WC) claim. As a consequence of his leg injury, he underwent leg surgery. Claimant’s pending
WC claim includes cosmetic surgery for scar revision on his leg and also for surgery to remove
internal hardware in his leg from the original leg surgery. The claimant alleges that as a result
of his WC injuries he is unable to return to his job as a solid waste worker.
Settlement of this claim is recommended as being in the best interest of the City by the
City’s Claims Committee, the Risk Management Division, and the City’s outside counsel, Mark
Hungate.
Council 2006-04-20 9
Veroncia Donnelly, representing Tyrone Booze, requested that the City Council not
approve this item as there is no requirement to settle this case and Mr. Booze does not want to
settle.
The City Attorney said it is not improper for the City Council to take this action.
Mark Hungate, City’s outside counsel, said this is the last step necessary to settle this
case. It is then up to Legal staff to determine if the settlement is enforceable.
Councilmember Petersen moved to authorize settlement of the workers’ compensation
claim of Claimant, Tyrone Booze, in its entirety to include medical, indemnity and attorney fees
for the sum of $81,500,and that the appropriate officials be authorized to execute same. The
motion carried
was duly seconded and unanimously.
12 - Other Items on City Manager Reports
12.1 Adopt Resolution 06-26 authorizing the withdrawal from the First Florida Governmental
Financing Commission and authorize appropriate officials to execute same.
The First Florida Governmental Financing Commission was created November 26, 1985,
by the City of St. Petersburg, City of Sarasota, and Manatee County for the purpose of financing
or refinancing projects and to administer a limited interlocal governmental loan program, which
provides funds for these projects.
Current members of the commission are Broward County, City of Boca Raton, City of
Sarasota, City of Gainesville, City of St. Petersburg, City of Hollywood, and the City of
Clearwater. The City of Clearwater has no loans outstanding under the First Florida
Governmental Financing Commission and does not anticipate using them in the near future for
any financing needs.
Until now, there has been no cost to the City to belong to the commission while the City
has loans outstanding. However, the other members of the commission feel that the City of
Clearwater should pay certain administrative cost, even if the City has no outstanding loans. To
save these costs, which are estimated to be between five and ten thousand dollars a year, staff
is recommending that the City withdraw from First Florida. Should the circumstances arise
where the city would need to use the services of First Florida it would be possible to rejoining
First Florida in the future.
Councilmember Doran moved to authorize the withdrawal from the First Florida
Governmental Financing Commission and authorize appropriate officials to execute same. The
motion carried
was duly seconded and unanimously.
Resolution 06-26 was presented and read by title only. Councilmember Hamilton moved
to pass and adopt Resolution 06-26 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
Council 2006-04-20 10
12.2 Amend Chapter 33, Section 33.114 of the Code of Ordinances, relating to vessels and
aircraft prohibited in certain areas, to add a defined zone for no vessels around Pier 60 and
pass Ordinance 7632-06 on the first reading.
There is no record the buoys marking the artificial fishing reef or keeping boaters a safe
distance from the Pier 60 fishing pier were ever approved by the State. The Florida Fish and
Wildlife Conservation Commission (FWC) confirmed creating a safety zone around the pier to
protect boaters from being injured by fishermen’s hooks and lines is a valid reason for creating a
“No Vessel” zone, which they can approve.
With Council approval, staff wishes to install three pilings, fifty feet out and one hundred
feet apart on either side of the pier, from the Bait House to the T-dock, and leave the four buoys
off the points designating the reef as a “No Vessel” zone. The existing buoys alongside the pier
are being damaged or destroyed by the current dragging them into the pier supports. Those
buoys delineating the artificial reef are farther out and away from the pier in water too deep to
replace with pilings.
The cost of six pilings ($210 each) with signs ($50 each) is $1,560, and will come out of
the marine facility maintenance and dredging fund. The marina operations crew will do the
installation. The cost of a buoy is about the same as a piling, (buoys are about $200 each) but
the pilings won’t require as frequent maintenance or replacement. Over a year’s time, the
pilings will pay for themselves by staying “on station.”
Councilmember Jonson moved to amend Chapter 33, Section 33.114 of the Code of
Ordinances, relating to vessels and aircraft prohibited in certain areas, to add a defined zone for
motion carried
no vessels around Pier 60. The was duly seconded and unanimously.
Ordinance 7632-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7632-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
12.3 Adopt Resolution 06-27, authorizing the execution of a Joint Participation Agreement (JPA)
between the City of Clearwater and the State of Florida Department of Transportation (FDOT)
for the completion of the new modular building and security fencing at the Clearwater Airpark.
FDOT (Florida Department of Transportation) has agreed to provide 80% reimbursable
funding to complete the new modular building by extending the patio the length of the building
and providing an awning, as well as fixing the fence, security cameras and swipe card machine
for the gate. This will replace what was there before the demolition of the former building and
fence, replacing material not able to be reused.
This project is estimated to cost $14, 687. FDOT will reimburse the City $11,750. The
City will pay $2,937 from the existing CIP 94838.
Council 2006-04-20 11
Councilmember Doran moved to authorize the execution of a Joint Participation
Agreement (JPA) between the City of Clearwater and the State of Florida Department of
Transportation (FDOT) for the completion of the new modular building and security fencing at
motion carried
the Clearwater Airpark. The was duly seconded and unanimously.
Resolution 06-27 was presented and read by title only. Councilmember Hamilton moved
to pass and adopt Resolution 06-27 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard.
"Nays": None.
12.4 Award a contract to Gibbs and Register, Inc. of Winter Garden, Florida for the construction
of the Cleveland Street Streetscape project, in the amount of $11,275,561.88, which is the
lowest responsive bid received in accordance with the plans and specifications, and approve
Change Order 1 deducting $2,325,456.09 for a new contract total of $8,950,105.79.
Two contractors purchased plans and specifications for the project and both submitted
bids. Gibbs and Register was the low bidder for the base bid which required maintaining one
lane of traffic in each direction on Cleveland Street. This bid amount was $11,275,561.88.
David Nelson Construction, Inc. was the low bidder for the alternate bid, which allowed
complete closure of Cleveland Street. This bid amount was $10,609,462.55. However, the
minimal savings associated with the alternate bid do not offset the impacts of a total road
closure.
Both the base and alternate bids significantly exceeded the available project budget.
Meetings were held with each bidder to identify potential cost reductions. These reduction items
were accumulated and provided to both bidders for pricing. Gibbs and Register’s price for the
base bid with reductions is $8,950,105.79 and is within the project budget. As such staff is
recommending award of the contract to Gibbs and Register.
The cost reduction items include: eliminate improvements in Station Square Park (note
that this park will be used for construction staging for the Station Square condominium
development for two years and would not be available to the contractor during the duration of
the streetscape project) and a reduction in quantities of various site amenities which were
considered not to have a significant adverse impact on the streetscape theme. Potential
funding sources to complete the items removed from this contract have been identified. These
include future Community Redevelopment Agency revenues and funding from FDOT for
resurfacing of S.R. 60.
Construction will start following award of contract, shop drawing review and mobilization
and be complete within 18 months.
Councilmember Jonson moved to award a contract to Gibbs and Register, Inc. of Winter
Garden, Florida for the construction of the Cleveland Street Streetscape project, in the amount
of $11,275,561.88 which is the lowest responsive bid received in accordance with the plans and
specifications, and approve Change Order #1 deducting $2,325,456.09 for a new contract total
motion carried
of $8,950,105.79. The was duly seconded and unanimously.
Council 2006-04-20 12
13 - City Attorney Reports
Attorney/Client Session re Albritton vs. City
Consensus was to schedule an attorney/client session regarding Albritton versus the
City for May 1, 2006, at 12:30 p.m.
14 - City Manager Verbal Reports
– None.
15 - Council Discussion Items
15.1 Pinellas County Coalition for Homeless Funding ($20K).
In their March 24, 2006, letter, PCCH (Pinellas County Coalition for the Homeless)
President Jackie Griffin-Doherty and Executive Director Sarah K. Snyder requested local
governments to fund operation budget items not covered by State and PCCH-developed funds,
to implement the Ten Year Plan to End Homelessness in Pinellas County. The Homeless
Leadership Network, an organization of local elected officials and community leaders, oversees
implementation of the plan. PCCH request: 1) $100,00 - Pinellas County; 2) $20,000 - City of
Clearwater; 3) $20,000 - City of Largo; 4) $10,000 - City of Pinellas Park; 5) $30,000 - City of St.
Petersburg; and 6) $10,000 - City of Tarpon Springs.
The City Manager said if approved, the Council would need to determine a funding
source. In response to a question, Mr. Carroll said the City would be able to help fewer local
agencies if CDBG (Community Development Block Grant) funds are used for this purpose.
Anticipated CDBG reductions already are expected to impact funded programs. Concern was
expressed that St. Petersburg’s contribution does not reflect that city’s significantly larger
population.
Consensus was to support the program from the General Fund.
15.2 New Movie Theatre Proposal Guidance.
Staff continues to work with the Acqua project, which includes a movie theatre, in
Downtown. It was stated citizens are anxious to have a movie theater in Clearwater and it is
time to consider proposals elsewhere in the City. A concern was raised that incentives should
be limited to the Downtown. Others did not want to rule out other proposals with incentives from
being brought to the Council for consideration.
Consensus was to provide guidance to staff, that while Downtown remains the preferred
location, to negotiate a location anywhere in the City.
16 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events, congratulated Leadership Pinellas for its class project with HEP (Homeless
Emergency Project), expressed condolences regarding Willa Carson’s passing, and invited
residents to pick up a tree on Arbor Day and participate in Fun 'n Sun activities.
Council 2006-04-20 13
.
.
.
Council member Hamilton said he recently supported a PPC resolution that opposed
proposed legislation related to home rule, as the bill's sponsor exempted his County from the
legislation; said he was uncomfortable with the tone of Council member Jonson's recent
correspondence opposing billboard legislation; and reported PPC has an annexation work sheet
on the web.
Mayor Hibbard opposed franchising legislation that is moving forward in the U.S. House.
Councilmember Petersen thanked the Fire Department for helping her son when he was
a stranded motorist.
Councilmember Doran congratulated the Parks & Recreation Department for attracting
visitors with sports tournaments.
Councilmember Jonson said PST A (Pinellas Suncoast Transit Authority) had over one-
million riders last month and reported the 2006 Visit Florida calendar features the Courtney
Campbell Causeway.
Mayor Hibbard recommended that residents experience the Devil Rays' new attitude at a
game and congratulated staff for promptly clearing up problems on SR 580 and donating blood.
17 . Adjourn
The meeting adjourned at 8:08 p.m.
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City of Clearwater
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Council 2006-04-20
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