04/17/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
April 17, 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 the meeting to order at 1:30 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
Five service awards were presented to City employees.
Luke Semple, Marine & Aviation, was presented the April 2006 Employee of the Month
Award.
The City Council recessed to meet as the Pension Trustees from 1:40 to 1:41 p.m.
Economic Development and Housing
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: down payment assistance, rehabilitation, and
new construction, just to name a few. This new LHAP covers fiscal years FY 2006/07, 2007/08
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& 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.
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.
In response to questions, Assistant Director of Housing Howie Carroll reviewed
legislative efforts to release additional Sadowski trust funds. At currently proposed levels, funds
appropriated to the City will cover approximately 20 down payment assists and 20
rehabilitations annually. He anticipated local needs for assistance will increase and expressed
concern that increasing homeowners insurance rates is creating a pending crisis. The Jack
Russell Stadium site possibly could be used for land trusts, a concept being reviewed by staff.
Current guidelines assure that rehabilitation funds do not reward blatant Code violators.
Library
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.
The current owners of the Café operation at the Main Library wish to assign their
Operator's Agreement with the City to a new vendor. Amendments to the Agreement were
made due mainly to lower than expected library traffic which resulted in lower than expected
sales: 1) The hours of operation have been decreased to 9:00 a.m. to 7:00 p.m. Monday
through Thursday and 9:00 a.m. to 5:00 p.m. Friday and Saturday. Hours previously were 9:00
a.m. to 9:00 p.m.; 2) Section 4(d), which previously allowed the City to review the vendor's price
list, has been omitted in its entirety; 3) The base rent has been lowered from $1,000 to $400 per
month, which is more realistic given the actual traffic; 4) The percentage of rent has been
lowered from 10% to a graduated plan of 2% of monthly gross revenues from $3,000 to $4,000;
4% of amounts over $4,000 to $5,000; 5% of amounts over $5,000 up to $75,000; and 6% of
amounts over $75,000; 5) If the City takes the property for municipal purpose, the City shall
reimburse Bookworm Café up to $5,000 of its verifiable cost for existing inventory.
Library Director Barbara Pickell said staff will evaluate its ability to review the vendor’s
menu and prices. The operator is a local resident, with significant experience in similar
businesses. Assistant City Manager Garry Brumback said issuing a RFP (Request for
Proposals) would have required the café to close.
Parks and Recreation
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
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base bid, and a 10% contingency and authorize the appropriate officials to execute same.
(Consent)
On March 3, 2006, the City Council approved a Streetscape Maintenance Memorandum
of Agreement with FDOT (Florida Department of Transportation), District Seven, for the
improvements of SR 60 from the east entrance to the Memorial Causeway Bridge and 770 feet
west of the Memorial Causeway Bridge.
FDOT, District Seven, has allocated funds for landscape improvements in conjunction
with the construction of the Memorial Causeway Bridge. This contract with Smith Landscaping
Services, Inc. is for the installation of an irrigation system and landscaping for the Memorial
Bridge area. Work will include grading, planting trees, planting of landscape material, planting
annuals, and installation of an irrigation system. Work will commence upon award and
execution of the contract and will be completed by August 2006.
Parks & Recreation Director Kevin Dunbar said the vendor had requested a 90-day
extension. The Mayor reported that the FDOT Secretary did not know why the City’s request to
install planters on the Memorial Causeway Bridge had been denied. FDOT and City staffs will
discuss this issue and report.
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.
On August 21, 2003, the City Commission approved a five-year agreement from October
1, 2003 – September 30, 2008, with five, five-year renewable options, between the City of
Clearwater and the Pinellas Community Center Inc., for the management and maintenance of
the Long Center. At that time, the City also inherited a one million dollar Penny for Pinellas
funded CIP project for the partial renovation of the Long Center, which included development of
a new entry and registration area, construction of a new fitness and cardiovascular space,
classroom space, improvements to the gymnasium space, companion restrooms, new office
space and general upgrade of the common areas at the Center.
In FY 2005/06, the City Council approved a project to provide further funding from Penny
for Pinellas to repair and renovate the Olympic pool and therapeutic pool area. Much of the
infrastructure surrounding the operation of the pool, which includes pumps and filters, have
either been repaired or replaced, however, the pool has never been re-marcited and is in great
need of marciting. In order to do this, the pool will need to be drained and closed from May 1 to
October 31, 2006. All aquatics programs, including the Clearwater Aquatics Team, will be
moved to other City pools during construction. Also, while the pool is closed, cleaning and
painting of the structural steel and roof above the pool will be done by another contractor.
This contract includes the construction needed to marcite the pool, repair and replace
broken tiles and drains and grout in selected areas and other miscellaneous pool related issues.
New deck material and upgrade to the lighting will be done by others.
The base bid of $323,400 includes a 10% contingency. Staff is recommending that
Alternate 1, which provides for an improved type of marcite material, be accepted for an
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additional $1,200 for a total contract price of $324,600. No additional operating cost will be
needed for this maintenance project.
In response to questions, Mr. Dunbar said contingencies are returned to projects if not
used for extraordinary circumstances. He anticipated the pool resurfacing would last about 10
years.
Engineering
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.
This item is a continuation of the development of an expanded reclaimed water system
in the City of Clearwater. The goal of this and all other reclaimed water projects is to reduce the
amount of potable water and groundwater being used for irrigation and other non-potable uses.
In addition, expansion of the Reclaimed Water Distribution System in accordance with
Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge
of effluent to Tampa Bay and adjacent surface waters.· This project consists of retrofitting
approximately 3,300 existing City of Clearwater reclaimed water customers with individual
meters. This retrofitting is intended to promote and encourage the efficient use of reclaimed
water, increase the availability of reclaimed water and enable future reclaimed water projects
that will offset potable water use.
The work is to be completed by December 31, 2007, as per the agreement but it is the
intent of the City to complete the majority of the work prior to October 1, 2006, when the volume
based rate structure for reclaimed water customers goes into effect. The Cooperative Funding
Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of
any necessary design, and/or purchase costs for the Meter Retrofit up to a maximum of
$825,000.
The City’s estimated share of these project costs is $825,000. Revenue budget for this
agreement has already been approved in the Capital Improvement Program project, 0315-
96739, Reclaimed Water. There is no cost to the City associated with the SWFWMD
Agreement.
In response to questions, Public Utilities Assistant Director Todd Petrie said permits to
release water into Tampa Bay will not change. The quality of the discharged water is better
than that in the bay. Mr. Petrie said expanding the system to more residents will increase
usage. Engineering Manager Robert Fahey said SWFWMD is mandating the use of meters.
Mr. Brumback said the City already sells reclaimed water to Pinellas County but changing the
conveyance system to transfer differing amounts would be expensive. The Council previously
approved the new rate structure. Residents are being advised of changes through normal
channels, such as Sunshine Lines, media outlets, etc.
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
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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.
In response to a question, Engineering Manager Scott Rice said the agreement only
impacts roads and will improve the street’s alignment. Bonds will be available to complete the
project if the development does not go forward.
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.
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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
recommends awarding 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
the Florida Department of Transportation for resurfacing of S.R. 60. Construction will start
following award of contract, shop drawing review and mobilization and be complete within 18
months.
Concern was expressed that the City does not have mechanism to recover costs if
material prices do not increase as anticipated and bid.
Planning
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 Community Development Board recommended approval of the proposed
amendment at its regularly scheduled meeting on April 18, 2006.
In response to a question, Planning Director Michael Delk said the Planning Department
will work with Public Works to determine construction boundaries. In response to a question
regarding how the signage will help, the City Manager said beach businesses had requested
that the City Council consider this request. Discussion ensued regarding permitted locations for
the signs.
Other Council Action
School Mentoring
The Mayor reported he is working with the YMCA to pioneer a healthy communities
initiative and a process is underway for companies to adopt schools. An associated mentoring
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program is being developed. It was suggested that the City also reach out to the faith-based
community and have a staff member help initiate a school-mentoring program. The City
Manager said when the Mayor brings back information regarding the YWCA’s collaboration,
staff will determine how the City fits into the plan.
Adjourn
The meeting adjourned at 3:31 p.m.
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