02/27/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
February 27, 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 8:00 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Marine and Aviation
Approve increasing the award by purchase order to Williams Scotsman, Inc. for a custom
modular building at the Clearwater Airpark to $243,000 and authorize the appropriate officials to
execute same.
The City had contracted Williams Scotsman Inc., through GSA Contract Number GS-
07F - 0257M, to supply the fixed base operator building, which included the delivery, set up,
skirting, steps, ramp and general contracting per scope at a cost of $203,040. The City Council
awarded the contract on August 15, 2005. Changes 1 and 2 were previously approved by the
City Manager. The first change order increased the purchase order by $12,713 to cover
upgrading the windows making them shatter resistant. The second change order covered
additional cost for extra site prep including removal of sidewalks, cut & balance for future roof
covered parking, and cut & remove dirt for rear decks ($1,565), and additional cost for 11-foot
extension of the 12-foot wide rear deck to the south with additional 11 feet of handrail ($3,075).
The combined total of the second change order is $4,640. The third change order will be
$9,880 for additional deck work to cover the entire rear of the building.
The difference between the total increased award of $243,000, and the original contract
including change orders ($230,273) is $12,727. This will be reserved for contingency items.
There are sufficient funds in the $253,500 JPA with the FDOT to cover the total project
cost provided at an 80/20 split, $202,800 FDOT/$50,700 City. There will be $10,500 remaining
in the JPA.
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The original (contract sum) was $203,040
Change order #1 for upgrading windows 12,713
Change order #2 for site prep & deck extension 4,640
Change order #3 additional for entire rear deck 9,880
Total: $230,273
Reserved for contingencies 12,727
Grand Total: $243,000
In response to a question, Marine and Aviation Director Bill Morris said shatterproof
windows are less expensive than shutters. Covered parking for patrons is not planned, however
a covered area will be provided for maintenance equipment storage.
Parks and Recreation
Approve a ten-year agreement from April 1, 2006 - March 31, 2016, between the City of
Clearwater and the Fastpitch Learning Academy, Inc., for the use of certain City facilities at the
Eddie C. Moore Softball Complex (fields 8 and 9) and authorize the appropriate officials to
execute same.
On January 15, 2004, the City Council approved a similar agreement with Fastpitch
Learning Academy, Inc. (FPLA). However, due to increased construction costs, the City was
not able to construct the two batting tunnels as outlined in the agreement. Therefore, the
parties have agreed to a mutual termination of the agreement and a new agreement is being
proposed with the same principals.
Under this agreement, FPLA will provide the following services: a) Camps, clinics,
lessons and rehabilitation training for fastpitch softball and b) Make available to approved City
co-sponsored groups training equipment, which belongs to FPLA.
Under this agreement, the City will provide the following: a) Lawn, landscape and
ballfield maintenance for all areas within the complex; b) Exclusive use of one batting tunnel and
office space within the existing building as well as scheduled use of one or both fields; c)
Maintenance for all major capital components of the building, to include air conditioners, roof,
plumbing, electrical, etc.; and d) Construct a second batting tunnel on the east side of the
complex by April 30, 2007.
As part of this agreement, the City will receive 5% of all revenues collected from the
programs offered, as well as a $100,000 capital contribution. This will increase to 10% of all
revenues upon the completion of the east-batting tunnel scheduled for completion by April 30,
2007.
If for some reason, the City fails to have the east batting tunnel available to FPLA by
April 30, 2007, FPLA shall have an option of terminating the agreement in its entirety with a full
refund of the capital contribution, or continue to operate under the terms of the agreement, with
continued use of the west batting tunnel, at which time the City shall reimburse FPLA $50,000,
half of the initial capital contribution. No other in-kind services, supplies, labor, equipment, or
funding, whether on loan or for consumption, will be granted to the agency.
In response to a question, Parks & Recreation Director Kevin Dunbar said the 75-foot by
110-foot, covered batting tunnel, a metal structure with concrete decking, would cost $225,000
Council Work Session 2006-02-27 2
to construct. Building material costs have increased dramatically. Groups can contact Fastpitch
directly to use the structure. Fastpitch will not be charged rent, as the City will receive a portion
of batting tunnel revenues. The City is responsible for field and tunnel maintenance costs.
Fastpitch will be the operator.
Approve a Streetscape 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 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial
Causeway Bridge) and Adopt Resolution #06-13 authorizing execution of said Streetscape
Maintenance Memorandum of Agreement.
The City of Clearwater desires to improve and beautify the medians and right-of-way for
S.R. 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial
Causeway Bridge). FDOT (State of Florida Department of Transportation), District Seven, has
allocated funds for landscape improvements in conjunction with the construction of the Memorial
Causeway Bridge. FDOT has established a budget of $712,000, which previously has been
approved by the City for these landscape improvements. Upon installation of the landscape
improvements, the City has agreed to maintain the same at its sole expense and in a
reasonable manner. The revitalization and landscape enhancements of SR 60 (Memorial
Causeway and Memorial Causeway Bridge) will leave a positive impression on visitors and
residents alike.
FDOT requires a Streetscape Maintenance Memorandum of Agreement to allow
landscaping within their right-of-way. In the event the City terminates this agreement, in
accordance with Section 11, the FDOT reserves the right to maintain, remove or restore the
project, either with its own forces or through private contractors, and charge the City for such
maintenance, removal or restoration. Due to this being a standard agreement with FDOT,
FDOT was not inclined to make changes as recommended by the City legal staff to document
that the City nor FDOT is waiving sovereign immunity as provided in FS 768.28 and to allow the
City to have rights along with FDOT to resolve claims rather than allowing FDOT to settle claims
on their own.
Mr. Dunbar said the landscape plan is being designed around available funds. None of
the palm trees that have been planted is part of this project.
The City Manager said funding for bridge aesthetics was eliminated after construction
costs escalated. Public Works Administrator Mashid Arasteh said if the funds are not spent on
the bridge, they could be spent on FDOT roadways in Downtown. The City Manager said he is
awaiting a reply if FDOT would be receptive to paying the City to maintain the grounds of the
bridge. It was suggested that staff share a copy of the original bridge design with FDOT when
asking if cement planters could be installed on the bridge. Mr. Dunbar said trash receptacles,
mainly for pedestrian use, are planned for the beach connector on the south side of the bridge.
Council Work Session 2006-02-27 3
Engineering
Approve a 5-year Management Agreement with Robert E. and Patricia A. Smith, husband and
wife, to oversee 444 acres, more or less, of City-owned agricultural lands in Sections 19-27-17
and 20-27-17, Hillsborough County, Florida, in consideration of the undertakings, promises and
agreements contained therein, and authorize appropriate officials to execute same.
In 1981 the Clearwater City Manager entered into a Letter of Agreement with E.
Palomino Dairy, Inc. ("Palomino"), the officers of which were Robert E. and Patricia A. Smith of
Odessa, Florida, to manage approximately 65 acres of undeveloped lands at the City's
Northeast Wastewater Treatment Facility. Palomino maintained the City's spray field irrigation
system and kept the acreage fertile in exchange for being able to harvest the grass crop from
the lands. In October 1983, the City acquired its first property that would eventually total 900
acres of agricultural lands in Hillsborough County. The City Manager then entered into a
second agreement with Palomino to manage the Hillsborough lands in exchange for Palomino
being able to harvest a winter oats crop for cattle feed.
Over the years the City and Palomino entered into a series of Letters of Agreement that
reflected fluctuating acreage in City ownership, and fluctuating rights and responsibilities of the
parties. The broad basis of all the agreements was that Palomino would provide oversight and
security, and maintain the lands as fertile agricultural greenbelt in exchange for being able to
utilize the property to graze and grow beef cattle.
The Smiths eventually dissolved E. Palomino Dairy as an active corporation. The
subject agreement updates and reflects the current management relationship between the City
and the Smiths individually, and the respective obligations and benefits for each party. The
Smiths will continue to have the right to graze beef cattle and plant and harvest crops in
exchange for continuing to provide agricultural management and property security.
In response to a question, Assistant Engineering Director Al Carrier said the property is
50% pastureland and 50% wetlands. A 1999 appraisal valued the property at $45,000 per acre.
The City will use part of the property for disposal of sludge from Stevenson’s Creek. In 1995,
the City sold a portion of the property, previously used for the disposal of sludge, to Hillsborough
County for $1.2 million. The sludge and lead from the nearby skeet shooting range could pose
potential environmental issues.
Assistant Director of Public Utilities Todd Petrie said the City has no immediate plans for
property. The property continues to increase in value. In response to a question, Mr. Petrie
said the City could terminate the lease with 90 days notice for no reason or 60 days notice with
reason. The City Attorney had not reviewed the skeet range lease, which is a separate
agreement.
Approve a Work Order from the City of Clearwater to Owen Ayres & Associates, Inc. (EOR) to
redesign the Clearwater Beach West Bridge/Spur Connector project for a lump sum amount of
$175,000 and authorize the appropriate officials to execute same.
On September 19, 2005, the City of Clearwater received the lowest competitive bid from
PCL Civil Construction of Tampa Florida, in the amount of $5,287,269.35 to construct a cable
stayed pedestrian bridge over Mandalay Channel. The low bid exceeded the total federal and
Council Work Session 2006-02-27 4
local funding in the amount of $3,880,000 for bridge construction and CEI (Construction
Engineering & Inspection).
In order to preserve the federal funding of $3,371,009, FDOT agreed to the City’s
commitment to redesign the initial cable stayed pedestrian bridge. The redesigned bridge will
be a multi-span pre-cast pre-stressed concrete structure, and shall provide a navigational
clearance equal to the existing SR 60 roadway bridge. The controlling vertical navigational
clearance will be maintained at one of the spans near the middle of the existing channel.
The Consultant will prepare the final redesigned documents and construction plans for
the new multi-span concrete structure. Elements of work shall include technical specifications
and special provisions, proposal with phased cost estimates, bridge structural analysis,
approach trails construction plans, hydraulic and scour analysis for a multiple span structure,
reviewed geotechnical analysis with updated report, monitoring of materials and construction
costs throughout the whole design process, permits’ modification, and all other work necessary
and incidental to the completion of the project. The anticipated completion date for the technical
specifications and final construction plans shall be within 180 calendar days (6 months) from the
Notice to Proceed.
In response to questions, Assistant Engineering Director Glenn Bahnick said the bridge
will not accommodate fire trucks but could accommodate smaller vehicles, such as police
emergency vehicles and ambulances. The redesign does not jeopardize CMAC funding. The
bridge, designed as a pedestrian and bicycle connection between the Pinellas Trail and beach,
never was intended to provide fire truck access. Mr. Bahnick will provide cost information on
widening the bridge for use by fire trucks, heavy vehicles, and a guideway system.
Approve an Interlocal Agreement with Pinellas County for the establishment and operation of an
Advanced Traffic Management System/Intelligent Transportation System (ATMS/ITS) and
authorize the appropriate officials to execute same.
This Interlocal Agreement establishes the working relationship between the City of
Clearwater and Pinellas County in all matters relating to the Countywide ATMS/ITS systems.
The following items in the agreement are of special interest: 1) Establishes that City statutory
authority over county roads in the City limits will be turned over to the county once ATMS/ITS
devices are deployed; 2) Mandates that the county contract with the City for City forces to do
the maintenance on all the traffic signal hardware; 3) Establishes that the county will pay the
City the same rate for maintenance that the county receives for maintenance of other cities’
signals; 4) Establishes a supervisory work group comprised of the Public Works Administrators
of Clearwater and the County with a FDOT representative to oversee the overall operation of
the system and to maintain the standards of operation and maintenance; 5) Establishes that the
county will be responsible for the maintenance costs of all the ATMS/ITS devices on the
corridors including the power bill for the signals; and 6) Establishes that a City employee will be
provided at city expense in the Primary Control Center to represent the City in issues relating to
the operation of the system.
In response to questions, Traffic Operations Manager Paul Bertels said an existing City
employee will man the Primary Control Center and have a workstation at his discretion.
Eventually one or two Control Center people will man the Center full time. Mr. Bertels said there
would be no cost to the City until the $3.4 million is exhausted.
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The City Manager said when the ATMS/ITS originally was envisioned; the environment
was different with concerns regarding standards and maintenance. This agreement provides
the opportunity to move forward more smoothly and quickly than anticipated. The County is
concerned Clearwater may pull out because the City of St. Petersburg is lagging behind. Since
this system benefits the entire county, it was felt everyone should be onboard. Mr. Bertels said
the agreement includes annual termination escape clauses.
Ms. Arasteh said the City would be paid $700,000 for annual maintenance for the first 27
signals, assuring that current levels of service will be maintained. The agreement will save the
City money on power costs.
Public Services
Ratify and confirm Change Order #1 to A & L Underground, Inc. of Largo, Florida for the
Stevenson Creek Water Main Replacement Contract (04-0037-UT), increasing the contract
amount by $225,538.50, for a new total of $648,569.90 and approve a time extension of 18
days.
The Council previously awarded a contract to A & L Underground, Inc. on July 21, 2005
in the amount of $423,031.40. This Change Order #1 was approved by the City Manager's
office on February 8, 2006. The work began February 8, 2006. Completion is anticipated by
February 28, 2006. A & L's quote for this work was $100,000 less than a quote submitted by
another Company that currently is under contract with the City. In addition, A & L could start
work immediately; the other Company could not.
The existing 40-year-old, 16-foot cast iron sanitary sewer force main at the intersection
of Baymont Street & Mandalay Avenue developed a longitudinal crack in November 2005 and a
leak occurred. A repair clamp was installed as a temporary repair. Subsequently, the crack
expanded causing a leak and requiring an additional repair. Significant construction including
pile driving in the area is likely causing the breaks.
Continued crack expansion and leakage is anticipated unless the main is replaced. This
pipeline conveys all wastewater flows from the North beach to the mainland, which includes
flows from the northern tip of Clearwater Beach to the Roundabout. A complete failure of this
pipeline will result in a costly sewer overflow. Because of the severity of this situation, the
pipeline must be permanently repaired as soon as possible.
To permanently repair the pipeline it must be replaced from the Northwest corner of
Mandalay Avenue and Baymont Street to the East end of Baymont Street (approximately 650
feet). Due to the extensive underground utilities in the area, this pipeline will be installed by
open cut crossing Mandalay Avenue then along the North side of Baymont Street. After the
construction, the area will be restored to the pre-construction condition.
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.
Council Work Session 2006-02-27 6
In response to a question, Public Services Director Gary Johnson doubted that pile
driving alone caused this problem. He said when the emergency arose, he contacted several
existing contractors and obtained a good price.
Approve Change Order #3 to MYRTLE AVENUE ROADWAY AND DRAINAGE
IMPROVEMENTS (00-0034-EN) to Westra Construction Co. of Palmetto, Florida for an
increase of $172,862.96 for a new contract total of $13,991,284.86.
The Council previously awarded a contract to Westra Construction Corp. for the Myrtle
Avenue Roadway and Drainage Improvements project on January 15, 2004 for $14,211,521.78.
Change Order #1 was approved by the Council at the April 21, 2005, Council meeting for an
additional $53,373.24 for a new contract total of $14,264,895.02. Adm. CO #2 was approved by
the City Manager on October 18, 2005 decreasing the contract amount by ($446,473.12) for a
new contract total of $13,818,421.90.
Westra Construction currently is constructing an improved roadway and drainage
system along Myrtle Avenue, Jones Street, and Pierce Street. This work also includes new
water mains, gas mains, sanitary sewer piping, reclaimed water piping, IT/ITS conduits, and
jack & Bore operations beneath the CSX Railroad crossings. This Change Order pays for the
balance of the entitlement fees left over after the contingency amount was exhausted.
Mr. Johnson said the original contract amount would not be exceeded. Entitlement fees
covered contractor labor and equipment rental costs, as the project was delayed for six months.
The completion date is April 25, 2006.
Planning
Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines (BBD) that revise uses, building heights, stepbacks, setbacks, landscaping
and parking access for the Old Florida District; that eliminate the live/work product in the Marina
Residential District; that increase the maximum density for overnight accommodations; and that
clarify the transfer of development rights provisions and Pass Ordinance #7546-06 on first
reading.
Councilmember Hamilton declared a conflict of interest.
Assistant Planning Director Gina Clayton said the Planning Department began a study
of the Old Florida District in 2005, as directed by the City Council, in order to address the
discrepancy between the area’s zoning and land use patterns and that which was
recommended for development in BBD. She reviewed the amendments.
Subsequent to the ideas generated by four public meetings in the Old Florida District
and input from City Council at Work Sessions on August 29, 2005 and January 19, 2006,
revisions were developed relating to uses, building heights, stepbacks, setbacks, landscaping
and parking access for the Old Florida District.
Due to lack of clarity regarding the definition of a live/work product and the apparent lack
of market for such uses on the Beach, the Planning Department is proposing to eliminate the
live/work product reference in the Marina Residential District.
Council Work Session 2006-02-27 7
In order to assist in the development of new hotels, the Planning Department is
proposing to increase the maximum permitted density for overnight accommodations on
Clearwater Beach from 40 to 50 units per acre. The Department is also proposing revisions to
the transfer of development rights provisions (TDR) to allow unlimited use of TDR for hotel
development. Furthermore, restrictions are proposed to limit the transfer of the additional hotel
density granted by the proposed amendments. The Planning Department determined that the
BBD amendments are 1) Consistent with and further the goals, policies and objectives of the
Comprehensive Plan, and 2) Further the purposes of the Code and other City ordinances and
actions designed to implement the Plan.
The CDB (Community Development Board) reviewed the amendments at its February
21, 2006, meeting and basically supported the amendments, with the recommendation that 75-
foot heights instead of 65-foot heights be permitted in the remainder of the Old Florida District.
Ms. Clayton reviewed the proposed amendments. In response to a question, Ms.
Clayton said although amendments recommend flexibility with respect to setbacks in the Old
Florida District, particularly on Mandalay Avenue where zero setbacks are sometimes
permissible, staff would not permit buildings to abut one another. Historically, staff and the CDB
have recommended zero setbacks for swimming pools, which are accessory uses. Ms. Clayton
said staff would clarify language regarding setbacks for accessory uses and to prevent zero lot
lines.
Discussion ensued regarding height and density and it was felt 75-foot heights are
insufficient incentives for transient uses in the Old Florida District and that additional TDRs
should not be allowed for residential uses. Ms. Clayton said maximum height requirements still
require the project to meet certain criteria. The intent is to disallow the use of comprehensive
infill to bypass those requirements. She said the maximum height in LMDR is 30 feet although
Code allows some projections on buildings. Information was requested regarding building
heights north of Somerset and on the waterside of the 800 block of Bay Esplanade.
Support was expressed for view corridors. Ms. Clayton said staff takes into
consideration adjoining properties and characteristics, and if views can be enhanced.
Discussion ensued and it was indicated Beach by Design has created non-conforming
structures in the Old Florida District, which cannot be rebuilt, if destroyed, in their current
configuration. It was questioned whether this was the intent or an oversight of the BBD plan.
Discussion ensued regarding restaurant use seaward of the Coastal Construction
Control Line (CCCL). Mr. Delk indicated a restaurant could be an accessory use with overnight
accommodations. The CCCL can be exceeded through permitting.
Approve the Future Land Use Plan Amendment from the Residential High (RH) Category to the
Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High
Density Residential (MHDR) District to the Tourist (T) District in the Old Florida District as
defined in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines
and Pass Ordinance #7547-06 and #7548-06 to amend the Future Land Use Plan Map and
Zoning Atlas on first reading. (LUZ2005-10013)
The subject site is comprised of 43 parcels of land totaling 7.94 acres in area located on
Clearwater Beach generally between Mandalay Avenue and the Gulf of Mexico between
Kendall Street and the north side of Somerset Street. The applicant is requesting to amend the
Council Work Session 2006-02-27 8
Future Land Use Plan Map designation of this site from the Residential High (RH) Category to
the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High
Density Residential (MHDR) District to the Tourist (T) District that will allow attached dwellings,
overnight accommodations and limited commercial uses in this area.
The Planning Department determined that the proposed future land use plan
amendment and rezoning applications are consistent with the following standards specified in
the Community Development Code: 1) The proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with
the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4)
The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
as the Countywide Planning Authority. Review and approval by the Florida Department of
Community Affairs is not required. The Community Development Board reviewed these
applications at its public hearing on December 20, 2005 and unanimously recommended
approval of the application.
In response to a question, Ms. Clayton said the goal is to do this concurrently with
Beach by Design.
Official Rec and Legislative Svc
Appoint one member to the Marine Advisory Board with the term expiring on March 31, 2010.
The City Clerk said there is one vacancy on this Board. Consensus was to put Charles
Cashman on the Consent Agenda as a nominee.
City Attorney
Provide direction regarding settlement proposal from Allen Stowell relating to billboard located
at 2815-2817 Gulf-to-Bay Boulevard.
The City has received a settlement proposal from property owner Allen Stowell
regarding a billboard on the property located at 2815-1817 Gulf-to-Bay Boulevard. The
proposal asks that the City allow the billboard to remain on the property for a period of ten
years, subject to the same terms and conditions given to National/Lamar in the agreement
recently reached with them. The billboard is the subject of a Municipal Code Enforcement
Board Order finding it in violation of City Codes, which Order was appealed to Circuit Court.
The Mayor reported additional information provided him by Mr. Stowell would be placed
in Council office.
The City Attorney distributed a summary from the City’s outside counsel and a proposal
packet from Mr. Stowell.
In response to questions, Sign Inspector Mary Jo Fox said approximately 30,000 signs
in the City were affected by the sign conversion process.
Council Work Session 2006-02-27 9
Assistant City Attorney Leslie Dougall-Sides reviewed the proposed settlement. She
said Mr. Stowell has no pending litigation against the City. His appeal regarding the MCEB’s
(Municipal Code Enforcement Board) Order was dismissed. FDOT’s (Florida Department of
Transportation) Order for removal of Mr. Stowell’s sign was stayed for six years pending the
outcome of the National/Lamar case.
Discussion ensued and an opinion was expressed Mr. Stowell should get the same
consideration as did National/Lamar. It was noted not all billboard owners had a 10-year grace
period.
The City Attorney said Mr. Stowell is asking 10 years to remove his billboard even
though no pending litigation exists. The settlement with National/Lamar has no impact on
current Council action. It was indicated, since the billboard cases began in 2000, the court is
anxious for a resolution. A status report was filed in the Stowell case in January 2006.
Council Discussion Items
Fish Sign Follow-up
Background was provided on how Atlanta’s Fish sculpture was approved. A comment
was made that Clearwater wants to revitalize Downtown and create an art district but its sign
code does not allow for artistic creativity. It was suggested the sign code be revisited.
Adjourn
The meeting adjourned at 10:19 a.m.
Council Work Session 2006-02-27 10