02/02/2015 Council Work Session Meeting Minutes February 2, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, February 2, 2015
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes February 2, 2015
Roll Call
Present 4 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Polglaze
Also Present: William B. Horne 11 - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin, Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official
Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order
The meeting was called to order at 1:00 p.m. at City Hall.
2. Presentations
2.1 Service Awards
Two service awards were presented to city employees.
3. Human Resources
3.1 Approve the Collective Bargaining Agreement as negotiated between the City of
Clearwater and the Fraternal Order of Police Clearwater Officers Bargaining Unit for
Fiscal Years 2015/16, 2016/17, and 2017/18 and authorize the appropriate officials to
execute same. (consent)
The current Collective Bargaining Agreement between the City of Clearwater
and the Fraternal Order of Police Clearwater Officers Bargaining unit expires
on September 30, 2015. City management staff and representatives of the
Fraternal Order of Police reached a tentative agreement for a new contract.
The bargaining agreement was submitted by the union to its members who
ratified the agreement by a vote of 90 to 5 on January 12, 2015.
The agreement is a three-year contract providing for a 4% merit increase in
each year of the agreement for all bargaining unit members who receive a
rating of satisfactory or better on their annual performance evaluation.
The agreement also includes an increase in the vacation accrual cap from 240
hours to 320 hours, utilization of Life Scan Wellness examinations to
accomplish the annual physical examination requirement, providing 5%job
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Council Work Session Meeting Minutes February 2, 2015
assignment pay for Police Service Technicians who are providing field training,
and an increase of the annual tuition reimbursement limit from $1500 to $1800
for approved Masters degree level courses.
APPROPRIATION CODE AND AMOUNT:
The increased cost associated with the implementation of this agreement to
include the cost for salary and estimated benefit increase is anticipated to be
as follows:
Fiscal Year (FY) 2015/16:
$669,618 (includes estimated increase of benefit cost of$5,000)
FY 2016/17:
FY2015/16 amount ($669,618) plus $706,203 (includesestimated increase in benefit
cost of$15,000) = $1,375,821
FY 2017/18:
FY2016/17 amount ($1,375,821) plus $733,851 (includesestimated increase in
benefit cost of$15,000) = $2,109,672
Total: $2,109,672
In response to a question, Human Resources Director Joe Roseto said
the salary adjustment that commences on October 1, 2015 has been
budgeted.
3.2 Approve the purchase order in the amount not to exceed $456,000 for life insurance
premiums for City Basic Life, CWA Life, SAMP Life, SAMP Supplemental Life, Retiree
Life, and Long Term Disability coverage for the two-year period from January 1, 2015
to December 31, 2016. (consent)
Unum provides for the following group life insurance benefits:
• CWA Life in an amount equivalent to 1 '/2 times the employee's annual
base salary not to exceed $50,000
• SAMP Life in an amount equivalent to 1 times the employee's annual base
salary
• Voluntary SAMP Supplemental Life in incremental amounts of$50,000, not
to exceed $500,000 and are payroll- deducted from the employee's salary
• Basic Life insurance in the amount of$2,500 for all employees except
CWA
• Basic Life insurance in the amount of$1,000 for grandfathered retirees
• Long Term Disability Insurance for those employees who do not participate
in the City Pension Plan.
This request is for authorization of a purchase order in the amount not to
exceed $456,000 for the period from January 1, 2015 to December 31, 2016.
APPROPRIATION CODE AND AMOUNT:
Funds for these programs have been budgeted through the normal budget
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process.
In response to a question, Benefits Manager Michelle Kutch said
employees are being offered the same level of coverage as the
previous at the same cost.
4. Parks and Recreation
4.1 Approve a recommendation by the Public Art and Design Board for the commission of
a public art installation for the Countryside Branch Library located at 2642 Sabal
Springs Drive, as designed by artist Joan Weissman for a total cost of$62,500.00 to
be funded from Countryside Branch Library Construction (CIP 315-93528). (consent)
The theme and scope of the project was determined with input from
representatives of the project construction team, Parks and Recreation
Department, Public Library System and citizens from the Countryside
community. The desired intent of this project is to commission public artwork
that serves as an artistic enhancement to the terrazzo floors of the main
entrance and restroom vestibule at the City's Countryside Branch Library
(public art flooring plan).
The Public Art and Design Board appointed a five-member Selection Panel
comprised of individuals representing specified interests and expertise as
follows:
Alex Plisko (Chair), representative of the PADB, practicing architect
Plisko Architecture
Tracey Reed, Public Library System representative
Tara Kivett, construction manager and building representative
Christopher Hubbard, Parks and Recreation/Public Art representative
Lani Williams, Countryside citizen representative
A nationwide Call to Artists was issued and received 63 artist applications. On
December 9, 2014, the Selection Panel met to review the all applicant
credentials and selected artist Joan Weissman, as her vibrantly colored
geometric terrazzo patterns best fit the theme and artistic desires of the project
stakeholders.
On December 18, 2014, the Public Art and Design Board unanimously
approved the recommendation to commission Ms. Weissman. The Board is
recommending this artist's proposal of public artwork to the City Council.
This item supports the City's Strategic Vision by providing public art for the
citizens and visitors of Clearwater, making the city a better place to live, learn,
work, visit and play. This commission represents the City's ongoing
commitment to the Public Art and Design Program through commissions of
public art for city capital improvement projects, a process that is not affected by
the mandatory to voluntary transition of the Public Art in Private Development
program.
APPROPRIATION CODE AND AMOUNT:
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Funds are available in capital improvement project 315-93528, Countryside
Branch Library Construction, to find this contract.
In response to questions, Recreation Specialist Christopher Hubbard said the
photos provided to Council are examples of the artist's previous work. Staff is
working with the artist to develop a design for the Countryside Library
site. Ms. Weissman's past commissions include Ashville, North Carolina,
State of New Mexico, and Honolulu, Hawaii. Mr. Hubbard said the
terrazzo work will be done during construction.
4.2 Amend the Clearwater Code of Ordinances, Appendix A, relating to Parks, Beaches,
and Recreation Schedule of Fees, Rates and Charges Section XI, establishing
additional options in lieu of non-resident card purchase for youth involved in City
Co-Sponsored recreation youth groups and disabled United States military veterans
and pass Ordinance 8681-15 on first reading.
In June of 2005, the City Council approved Ordinance 7389-05 establishing
new formulas for nonresidents wishing to use City recreation facilities and/or
programs. The formula established at that time has been used for all
nonresidents including youth involved in recreation youth groups and disabled
United States veterans. That formula is as follows:
Department Office/Management Budget + Indirect Overhead - Budgeted
Revenue = Net budget divided by population = subtotal
Subtotal + Capital Improvement Program recovery component + Card
processing fee x surcharge factor = Individual non-resident yearly fee
In an effort to provide a more affordable fee for youth non-residents who
participate in one of the City's recreational youth co-sponsor groups and/or
United States veterans who are disabled, staff is recommending that additional
options in lieu of nonresident card purchase be added.
The new options will provide for the following:
1. Youth registered in a City co-sponsored recreational youth group may
purchase a non-resident individual youth sports card using the same
formula as above less a surcharge factor. (savings of$60; new fee
would be $120)
2. Two or more youth from the same family registered in a City
co-sponsored recreational youth group may purchase a non-resident
multi-youth sports card using the formula for Non-resident individual
youth sports card X 1.5. (new fee would be $180)
3. Disabled United States military veterans may get a discount on their
non-resident fee based on the percentage rate of their disability. (If
disability is 50% the fee would be 50% less than the current
nonresident fee, which is $180 less 50% or$90.)
These options will allow more nonresident youth and families to participate in
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and learn about sports from the various recreational leagues offered by City
cosponsored groups. Nonresident adults and youth make these groups
stronger and provide leadership so they can continue offering sports to the
community and in particular to the residents of Clearwater.
This ordinance also recognizes the contributions and sacrifices of our many
disabled veterans who live in nonresident areas in our county.
5. Engineering
5.1 Approve an increase to Florida Department of Transportation (FDOT) in the amount of
$52,282.71 for the Joint Participation Agreement between FDOT and the City of
Clearwater for the S.R. 590 from West of Marilyn Street to East of Audrey Drive
Improvement Project; and authorize the appropriate officials to execute same.
(consent)
October 2, 2014, City Council approved a Joint Participation Agreement (JPA)
between FDOT and the City of Clearwater for design, right-of-way acquisition
and construction of the S.R. 590 from West of Marilyn Street to East of Audrey
Drive Improvement Project in the amount of$294,705.00.
As design progressed the final engineer's estimate increased to $346,987.71.
This JPA amendment is required to reflect the increase of funding to be
transferred as in FDOT Utility Work Order Change No.1.
The amounts included on this agenda item are the final engineer's estimate
and are subject to change. The exact costs will be determined by the
contractor's bid and may vary from this amount. Project will be competitively
bid by FDOT. The final engineer's estimate is:
Capital Project: Original Amount Amount Changed to Increase
Water Line Relocation: $242,030.00 $306,446.49 $64,416.49
Sanitary Utility Work: $ 52,675.00 $ 40,541.22 ($12,133.78)
$294,705.00 $346,987.71 $52,282.71
APPROPRIATION CODE AND AMOUNT:
Funds are available in Utility Renewal and Replacement projects in amounts of
$64,416.49 in 0327-96742, Line Relocation - Capital and a decrease of funding
of (12,133.78) in 0327-96634, Sanitary Utility Relocation Accommodation, for
total funding increase of$52,282.71 to fund this agreement.
In response to a question, Engineering Manager Rob Fahey said Audrey Drive
is off of NE Coachman, west of Belcher Road.
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5.2 Approve a work order to Engineer of Record (EOR) Interflow Engineering, LLC of
Tampa, Fl, in the amount our $255,691 and a Cooperative funding agreement
between Southwest Florida Water Management District (SWFWMD) and the City of
Clearwater in the amount of$1,950,000 for Hillcrest Avenue Bypass Culvert, and
authorize the appropriate officials to execute same. (consent)
The Hillcrest Avenue High-Flow Bypass project is identified as Project 4A in the
Stevenson Creek Watershed Management Plan, which was prepared by the
City of Clearwater with SWFWMD's cooperative funding and participation.
Water quality treatment for the stormwater runoff generated in this
sub-watershed is now being provided within the Glen Oaks Stormwater Park
project, constructed in 2007, also with cooperative funding from SWFWMD.
The Glen Oaks Park Project was constructed in anticipation of future upstream
flood protection projects, including the Hillcrest Avenue Bypass.
This project will provide flood relief for 47 homes adjacent to the Creek
between Jeffords Street and Bellevue Boulevard. All 47 of these homes would
be removed from the 100-year floodplain.
The construction of this project includes: Installation of 1,900 linear feet of 6.5
ft. by 11 ft. box culvert from Browning Street to the upstream end of Linn Lake.
Construction of a high-flow diversion weir will allow low flows to remain within
the existing channel.
Council action at this time is necessary to begin design and secure
SWFWMD's funds for the project. Separate agreements will be presented to
Council for awarding the construction contract.
The SWFWMD agreement will cooperatively fund 50% of Design and
Construction up to a maximum of$1,950,000.00.
APPROPRIATION CODE AND AMOUNT:
0315-96186-561200-539-000-0000 $$255,691.00
First quarter budget amendments will establish Capital Improvement Program
(CIP) project 315-96186, Hillcrest Bypass Culvert, with SWFWMD budget only
in the amount of$1,950,000 and transfer$1,950,000 from CIP 0315-96173,
Alligator Creek Watershed Management Plan, for total funding in the amount
of$3,900,000 to match SWFWMD agreement funding and fund the work
order.
In response to a question, Engineering Manager Elliot Shoberg said the item
before Council is for design work only. The construction contract will come
before Council at a later date.
5.3 Award a construction contract to C and M Dredging, Inc. of Leesburg, Florida, in the
amount of$103,620 for Maintenance Dredge Services in Spring Branch and
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Stevenson Creek at Betty Lane and authorize the appropriate officials to execute
same. (consent)
On November 18, 2014, the City issued Request for Proposals 05-15 to solicit
proposals to dredge a portion of Stevenson Creek. This is a maintenance
dredge project to remove fine silts and sediments from an area where Spring
Branch joins Stevenson Creek, east of Betty Lane. The dredge area is the
width of Stevenson Creek east to where the creek turns. The approximate area
is 28,225 square feet. The permitted dredge volume is 2,180 cubic yards.
Dredge depth is between two and four feet depending on the location. This
area was last dredged in the 1990s.
APPROPRIATION CODE AND AMOUNT:
0315-96124-563700-539-000-000
Funds are available in capital improvement program project 0315-96124,
Storm Pipe System Improvements, to fund this contract.
In response to questions, Environmental Manager Ed Chesney said this
portion of Stevenson Creek was dredged twenty years ago. This area should
be dredged every 10 to 15 fifteen years as the sediment accumulation tends
to restrict the flow at the bridge on Betty Lane. The area will fill in with
vegetation if not dredged. Mr. Chesney said this portion of Stevenson
Creek is non-residential.
5.4 Approve a Work Order to Engineer of Record (EOR) Interflow Engineering LLC of
Tampa, Fl, in the amount of$146,400, a Cooperative funding agreement between
Southwest Florida Water Management District (SWFWMD) and the City of Clearwater
in the amount of$900,000 for Mango Street Stormwater Improvements, and authorize
the appropriate officials to execute same. (consent)
Mango Street Stormwater Improvement Project is at the North end of
Clearwater Beach and currently provides little water quality treatment of the
stormwater runoff. In addition, the aging stormwater infrastructure is
undersized and will be upgraded to decrease flooding.
This project will replace stormwater inlets, undersized pipes, and install water
quality baskets to collect leaves, debris, and sediment so the materials can be
hauled off site for disposal.
SWFWMD agreement will cooperatively fund 50% of Design and Construction
up to a maximum of$900,000.00.
Council action at this time is necessary to begin design and secure the
District's funds for the project. Separate agreements will be presented to
Council for awarding the construction contract.
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APPROPRIATION CODE AND AMOUNT:
0315-96187-561200-539-000-0000 $146,400
First quarter budget amendments will establish Capital Improvement Program
(CIP) project 0315-96187, Mango Outfall, with SWFWMD budget only in the
amount$900,000 and transfer$900,000 from CIP 0315-96170, Coastal Basin
Projects to 0315-96187, Mango Outfall, to match the grant and fund the work
order.
5.5 Award a construction contract to Bio Mass Tech Inc of Land O'Lakes, Fl, in the
amount of$307,832.00 for construction of Byram Drive Channel Erosion Control
Improvements (13-0009-EN) which is the lowest responsible bid received in
accordance with plans and specifications, and authorize the appropriate officials to
execute same. (consent)
Due to existing channel alignment and lack of bank stabilization, the project
area has experienced erosion that extends beyond the City of Clearwater
drainage easement. In an effort to mitigate the erosion this project includes the
following:
• Minor realignment of the creek to restore the historic flow path.
• Stabilization of the banks on both sides of the channel for 545 feet with
Geotextile materials.
Six bids were received for the project with the low bid from Bio Mass.
Stormwater Maintenance will maintain the channel upon project completion.
APPROPRIATION CODE AND AMOUNT:
0315-96124-563700-539-000-0000
Funds are available in capital improvement program project 315-96124, Storm
Pipe System Improvements, to fund this contract.
In response to a question, Engineering Manager Elliot Shoberg said the mesh
netting being used on the less steep areas allows water to lay on top while
allowing the plant material to grow through. The vertical grid system, which is
more permeable than a gabion, is being used on the
south side.
5.6 Award construction contracts for a comprehensive maintenance program to clean,
inspect, rehab and repair existing sanitary sewer pipelines and manholes throughout
the City of Clearwater in the amount of$5,660,000 for an initial 2-year term with an
option of one 2-year term to the following vendors: Hinterland Group, Inc. of West
Palm Beach, FL, Layne Inliner, LLC of Sanford, FL, Rowland Inc. of Pinellas Park, FL,
Concrete Conservation, Inc. of Jacksonville, FL, VacVision Environmental, LLC of
Tampa, and National Power Rodding Corp. of Chicago, IL which are the lowest
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responsible bids received in accordance with the plans and specifications of the
2013-14 Sanitary Sewer and Manhole Rehabilitation Project (14-0025-UT), and
authorize the appropriate officials to execute same. (consent)
The City has initiated a comprehensive maintenance program to clean, inspect,
rehab and repair existing sanitary sewer pipelines and manholes throughout
the City of Clearwater. The goal is to maintain the integrity of the sanitary
sewer system and minimize disruptions in service to our citizens.
Bids for the Sanitary Sewer and Manhole Rehabilitation Project were received
December 18, 2014. Staff has reviewed bid unit prices compared to other
recent bids and recommends award of these contracts to inspect, rehabilitate
and/or replace elements of the City's sewer collection system that have been
or will be identified as deficient, in need of repair or at the end of their useful
life.
Hinterland Group, Inc. will be contracted to perform Cured-In-Place Pipe Lining
(CIPP). Work includes lining of selected sewer pipelines to rebuild the pipes'
structural integrity according to City Standard Specifications, limiting inflow and
infiltration for an amount not to exceed $360,000 per 2-year term.
Layne Inliner LLC will be contracted to perform cleaning and TV inspection of
selected sanitary sewer systems. This process restores capacity by removing
sediment and obstructions and also accurately identifies defects that require
corrective actions for an amount not to exceed $840,000 per 2-year term.
The work under the Sanitary Sewer and Force Main Emergency Repair
Contract will be performed by Rowland, Inc., which includes any repairs in the
City's waste collection system and at the Water Reclamation Facilities that are
deemed an emergency or critical and not identified in other contracts for an
amount not to exceed $1,000,000 per 2-year term.
Concrete Conservation, Inc. will be contracted to perform manhole lining in the
Manhole Epoxy Lining System Section using Spectrashield Liner Systems, and
it is responsible for all work, materials and equipment required for completion;
repairing structural defects and applying coatings to reduce inflow and
infiltration for an amount not to exceed $130,000 per 2- year term.
VacVision Environmental will perform manhole lining in the Manhole
Cementitious Lining System Section, and it is responsible for all work,
materials and equipment required for completion; repairing structural defects
and applying coatings to reduce inflow and infiltration for an amount not to
exceed $100,000 per 2-year term.
National Power Rodding, Corp. will be contracted to perform installation of
cleanouts to sanitary laterals and/or replacement of existing laterals to better
maintain the City sewer system and minimize costly replacement of laterals
due to failure for an amount not to exceed $400,000 per 2-year term.
Contracts will be for a 2 year term and will be evaluated after the initial 2-year
term and may be renewed for one 2-year term at the same values.
The City of Clearwater will direct the contractor to those high priority areas as
established in the Sanitary Sewer Evaluation Study. These efforts will continue
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until the entire budget of each contract is expended.
The City of Clearwater's Public Utilities Department Wastewater Collection
Division is responsible for owning, operating and maintaining the wastewater
collection system including all gravity pipe lines and manholes that convey the
raw sewage to the lift stations and or City's wastewater treatment facilities.
APPROPRIATION CODE AND AMOUNT:
0315-96664-563800-535-000-0000 $ 100,000.00
0315-96665-563800-535-000-0000 $2,730,000.00
Sufficient budget and revenue are available in Capital Improvement Program
projects 0315-96665, Sanitary Sewer R and R in the amount of$2,730,000.00
and 0315-96664, WPC R and R in the amount of$100,000.00 for total funding
in the amount of$2,830,000.00 to fund the current 2-year term. Future years
funding will be included in the Water and Sewer recommended Capital
Improvement Program Project budget from the Director.
5.7 Approve the Business Lease Contract between the City of Clearwater and Nosoco,
Inc. for the lease of city-owned property, known as the Harborview Center, located at
320 Cleveland Street, and authorize the appropriate officials to execute same.
(consent)
Nosoco, Inc. is affiliated with the owner of property located at 430 Gulfview
Boulevard on Clearwater Beach, where a new hotel is currently under
construction. Nosoco, Inc. has requested to use a portion of the ground floor
of the Harborview Center during construction of the hotel. They plan to use the
space to create simulated resort guestrooms. The simulated rooms will be
constructed for review of aesthetics and layout, prior to construction of the
permanent rooms within the new hotel. No functioning mechanical or plumbing
systems will be installed, but fixtures and equipment will be put in place for
layout and appearance purposes only. Notable terms and conditions of the
lease are listed below:
• The lease term is one year with an option to extend the lease, upon
mutual agreement, for an additional period of three months.
• The lease area contains approximately 11,497 square feet, located
entirely within the ground floor of the Harborview building.
• Lessee will pay market-based rent of$3,831/month.
• Lessee is occupying the property on an "as is" basis. The City has no
obligation to maintain, improve or remodel the leased premises.
• Lessee will be required to restore the leased premises to the condition
that existed prior to the commencement of the lease.
• Insurance requirements were established by the City's Risk Manager.
• The City reserves the right to use the parking lot exclusively for major
public events scheduled during the lease term.
• The City may terminate the lease upon 60 days notice if the City
Council determines that the leased premises are needed for other
municipal purposes.
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In response to questions, Real Estate Services Coordinator Chuck Lane said
the cost per sq. ft. is approximately$4. The City maintains part of the ground
floor. Staff worked with the Clearwater Marine Aquarium, who leases a
different part of the ground floor, to ensure there was no conflicting use.
5.8 Accept a Water Main Easement conveyed by Grow Financial Credit Union over
property located at 2768 Gulf to Bay Boulevard, Clearwater. (consent)
Improvements were recently constructed on property located at 2768 Gulf to
Bay Boulevard as the latter part of a two-phase development project. The
project was approved by the Development Review Committee on November 3,
2005, under Case No. FLD2005-09097. Staff requested the easement during
the development review process. The easement will give the City the rights
necessary to access and maintain an existing City water main which serves
two fire hydrants and multiple utility customers.
5.9 Approve the request from Calvary Baptist Church (a/k/a. First Baptist Church of
Clearwater) to vacate two portions of public right-of-way and an Easement for Right of
Way, Sidewalk and Utilities, and pass Ordinance 8682-15 on first reading.
(VAC2014-04)
First Baptist Church of Clearwater, Inc. (Calvary) has requested the
right-of-way and easement vacations. None of the areas proposed for vacation
are currently maintained for public use. Calvary owns all adjoining property
and plans to use the property for expansion of its existing facilities located on
the southwest corner of McMullen Booth Road and Drew Street. If vacated,
the City will continue to own fee title to one of the right-of-way portions. At a
later date, staff will submit a recommendation to Council to declare this parcel
as surplus for the purpose of selling the property in accordance with the City's
property surplus procedures.
Affected private utility providers were consulted and each has provided a letter
of no objection to the vacation request.
The Engineering Department conducted an interdepartmental review of the
vacation request. All City service and utility providers, potentially affected by
the vacation, have no objection to the request.
6. Public Utilities
6.1 Approve two Blanket Purchase Orders to Evoqua Water Technologies, of Pittsburgh,
PA, in the amount of$95,000.00 for Odophos and $67,000.00 for PRI-SC, for a total
of$162,000.00 for a one-year period, and authorize the appropriate officials to
execute same. (consent)
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Odophos and PRI-SC (hydrogen peroxide) are utilized at the Northeast Water
Reclamation Facility (WRF) for odor control as part of a Performance Based
Contract with Siemens Corporation. These two chemicals are the basis of the
measurement and verification assessment of the success of the Siemens
contract; therefore, these chemicals must be utilized for the City to meet the
requirements of the Performance Based Contract. Small quantities of Odophos
are also utilized at the Marshall Street WRF for odor control purposes;
however, Marshall Street WRF is not included in the Performance Based
Contract.
The utilization of Odophos and PRI-SC together, to cost effectively remove
odors from wastewater, is a patented process known as the PRI-SC Process.
PRI-SCO, a proprietary technology, was developed by USPeroxide and is
patented under U.S. Patent 6,773,604 B2. Evoqua, in partnership with
USPeroxide, is the sole provider of this technology and the sole source
manufacturer of Odophos and PRI-SC.
The PRI-SC Process has provided high-level odor control at our facilities for
years.
APPROPRIATION CODE AND AMOUNT:
Sufficient budget is available in the Water & Sewer Utility Fund operating cost
center 0421-01351-551000-535-000-0000, WPC Operations, to fund
$107,408.22 of the current FY14/15 cost of this contract and is planned in the
budget request to be brought forward for FY15/16 in the amount of
$54,591.78.
7. Solid Waste
7.1 Award a contract (Purchase Order) for $114,292.00 to Vermeer Southeast of
Clearwater, FL for the purchase of one 2014/15 Vermeer D913x13 S3 Navigator
Horizontal Directional Drill, in accordance with the National Joint Powers Alliance
Contract 070313-VRM (Category: Public Utility and Airport Equipment), 2.564(1)(d),
Code of Ordinances-Other Governmental Bid; authorize lease purchase under the
City's Master Lease Purchase Agreement, or internal financing via an interfund loan
from the Capital Improvement Fund, whichever is deemed to be in the City's best
interest; and authorize the appropriate officials to execute same. (consent)
The Vermeer Directional Drill will be purchased through the National Joint
Powers Alliance Contract 070313-VRM quote dated December 11, 2014 and
will replace the following assigned to Public Utilities Water Distribution:
G2324 2000 Vermeer Directional Bore
This equipment was included in the Fiscal Year 2014/2015 Garage CIP
Replacement Fund.
APPROPRIATION CODE AND AMOUNT:
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316-94241-564100-519-000 $114,292.00
7.2 Award a contract (Purchase Order) for $143,630.50 to Alan Jay for one 2015 Ford
F250 and two 2015 Ford F450's for Gas Department's Replacement Vehicles, in
accordance with the Florida Sheriff's Contract 14-22-0904, 2.564(1)(d), Code of
Ordinances-Other Governmental Bid; authorize lease purchase under the City's
Master Lease Purchase Agreement, or internal financing via an interfund loan from
the Capital Improvement Fund, whichever is deemed to be in the City's best interest;
and authorize the appropriate officials to execute same. (consent)
The three Ford Trucks will be purchased through the Florida Sheriff's Contract
14-22-0904 quotes dated January 9, 2015 and will replace the following, which
are all assigned to the Gas Department:
G2639 2003 CHEVROLET SILVERADO 2500 HD PICK UP TRUCK with
127,203 miles
G2968 2005 FORD F450 UTILITY BODY PICKUP TRUCK with 85,225 miles
G3428 2008 FORD F250 SD UTILITY BODY PICKUP TRUCK with 99,281
miles
These vehicles were included in the Fiscal Year 2014/2015 Garage CIP
Replacement Fund.
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519 $143,630.50
7.3 Approve an annual blanket purchase order (contract) and two one-year renewal terms
at the City's option (Invitation to Bid 08-15) with Iron Container LLC of Miami and Lake
Alfred, FL in the annual amount of$100,000 for the purchase of front load containers
as provided in the City's Code of Ordinances, Section 2.561 and authorize the
appropriate officials to execute same. (consent)
The City of Clearwater's Solid Waste Department collects waste from
commercial customers in front load containers. Although the Department
performs repairs on the front load containers, sometimes replacement is
necessary. This contract is for the purchase of front load container
replacements.
During December 2014, the Purchasing Department advertised an Invitation to
Bid 08-15 for front load containers. Iron Container LLC was the lowest
qualified bidder.
Staff is requesting that a blanket purchase order be awarded to Iron Container
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LLC for the purchase of the front load containers
APPROPRIATION CODE AND AMOUNT:
Funding for this contract is available in capital project 315-96444, Commercial
Container Acquisition.
8. Official Records and Legislative Services
8.1 Provide direction to the Charter Review Committee. (WSO)
At the January 21, 2015 meeting, Council appointed thirteen individuals to the
Committee and deferred providing direction until the next work session.
Discussion ensued with consensus to direct the Committee to consider
extending the timeframe of the Charter Review Committee from every five
years to every six years.
In response to a suggestion that the Committee consider removing language
related to the Dunedin Pass [Section 2.01(d)(4)], the City Attorney said that
Marine and Aviation Director Bill Morris can address the Committee and
provide historical knowledge regarding why the language was included.
It was also suggested that Committee consider expanding the Mayor's power
and allow the ability to make a motion.
In response to a question regarding referendum questions, the City Attorney
said that if there were several changes to one section of the charter, the items
could be grouped together in one question, provided the question did not
exceed the allowable word count.
9. Legal
9.1 Authorize settlement of Rosales v. City of Clearwater, Case 13-007280-CI, for
payment by the City of the sum of$40,000.00 in exchange for a full release from
plaintiff and dismissal of action with prejudice. (consent)
This case arises from an incident that occurred on November 10, 2012 at the
intersection of Highway US 19 and State Road 60 (Gulf to Bay Boulevard) in
Clearwater, Florida. A city vehicle was being driven by a city employee
traveling East on State Road 60 struck a vehicle being driven by Luis Rosales
and traveling North on U.S. 19. Mr. Rosales had the right-of-way.
The settlement agreement would provide that the City would pay Luis Rosales
the sum of$40,000 in exchange for full release of all claims and dismissal of
the case with prejudice.
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APPROPRIATION CODE AND AMOUNT:
Not to exceed $40,000.00
Account code 0590-07000-545900-519-000-0000
9.2 Request for authority to institute a civil action on behalf of the City against Anthony C.
Najera to recover $1,449.00 for damages to city property. (consent)
On July 4, 2013, a new gravity line was being added by Mr. Najera's to his real
property located at 2151 Beverly Lane, Clearwater, Florida 33763, and the
procedure cut the City's direct burial line to Lift Station 56, requiring the City to
repair it, costing $1,449.00.
Demand letters have been sent to Mr. Najera but no response has been
received.
Costs relative to this action will include a $400.00 filing and fees for service of
process of approximately $50.00.
APPROPRIATION CODE AND AMOUNT:
0-590-07000-545900-519-000-000
9.3 Adopt Ordinance 8619-15 on second reading, amending Chapter 8, Code of
Ordinances, to create Section 8.36, requiring persons in control of dogs on property
other than the owner's to remove and dispose of dog waste and providing that no
person shall allow an accumulation of dog waste on their property in a manner that
creates a health hazard or public nuisance.
9.4 Adopt Ordinance 8635-15 on second reading, annexing certain real property whose
post office address is 1266 Palm Street, Clearwater, Florida 33755, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
9.5 Adopt Ordinance 8636-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1266 Palm Street, Clearwater, Florida
33755, upon annexation into the City of Clearwater, as Residential Urban (RU).
9.6 Adopt Ordinance 8637-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1266 Palm Street,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
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9.7 Adopt Ordinance 8638-15 on second reading, annexing certain real property whose
post office address is 1853 West Drive, Clearwater, Florida 33755, together with all
abutting right-of-way of South Drive and all right-of-way of West Drive not currently
within the city, into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
9.8 Adopt Ordinance 8639-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1853 West Drive, Clearwater, Florida
33755, together with all abutting right-of-way of South Drive and all right-of-way of
West Drive not currently within the city, upon annexation into the City of Clearwater,
as Residential Low (RL).
9.9 Adopt Ordinance 8640-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post address is 1853 West Drive, Clearwater,
Florida 33755, together with all abutting right-of-way of South Drive and all
right-of-way of West Drive not currently within the city, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
9.10Adopt Ordinance 8641-15 on second reading, annexing certain real property whose
post office addresses are 1260 Sedeeva Circle North and 1203 Sheridan Road,
Clearwater, Florida 33755, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
9.11Adopt Ordinance 8642-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office addresses are 1260 Sedeeva Circle North and 1203
Sheridan Road, Clearwater, Florida 33755, upon annexation into the City of
Clearwater, as Residential Urban (RU).
9.12Adopt Ordinance 8643-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1260 Sedeeva Circle
North and 1203 Sheridan Road, Clearwater, Florida 33755, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
9.13Adopt Ordinance 8644-15 on second reading, annexing certain real property whose
post office addresses are 1231 Aloha Lane, 1235, 1259, 1271, and 1275 Union
Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty
Lane, and 1937 Chenango Avenue, Clearwater, Florida 33755, into the corporate
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limits of the city and redefining the boundary lines of the city to include said addition.
9.14Adopt Ordinance 8645-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office addresses are 1231 Aloha Lane, 1235, 1259, 1271,
and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932
North Betty Lane, and 1937 Chenango Avenue, Clearwater, Florida 33755, upon
annexation into the City of Clearwater, as Residential Urban (RU).
9.15Adopt Ordinance 8646-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1231 Aloha Lane,
1235, 1259, 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918
Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue, Clearwater,
Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
9.16Adopt Ordinance 8647-15 on second reading, annexing certain real property whose
post office addresses are 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919
and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Mall,
Clearwater, Florida 33755, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
9.17Adopt Ordinance 8648-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office addresses are 1914 and 1928 North Betty Lane, 1917
Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076
The Mall, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as
Residential Urban (RU) and Preservation (P).
9.18Adopt Ordinance 8649-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1914 and 1928 North
Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango
Avenue, and 2076 The Mall, Clearwater, Florida 33755, upon annexation into the City
of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P).
9.19Adopt Ordinance 8651-15 on second reading, approving the annexation of property
located at 2222 Lake Shore Drive together with all right-of-way of Fourth Avenue
South from Lake Shore Drive to Third Avenue South. (ANX2014-07011)
9.20Adopt Ordinance 8652-15 on second reading, approving a Future Land Use Map
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Amendment from the Residential Suburban (RS) designation to the Residential Low
(RL) and Residential Low Medium (RLM) designations for property located at 2222
Lake Shore Drive. (LUP2014-07002)
9.21Adopt Ordinance 8653-15 on second reading, approving a Zoning Atlas Amendment
from the Residential Rural (RR) District (Pinellas County) and Open Space/Recreation
(OS/R) District (City) to the Low Medium Density Residential (LMDR) and Medium
Density Residential (MDR) Districts (City) for property located at 2222 Lake Shore
Drive. (REZ2014-07002)
9.22Adopt Ordinance 8654-15 on second reading, approving amendments to the
Clearwater Community Development Code regarding numerous provisions, including:
adding Brewpubs, Community Gardens, Microbreweries, and Urban Farms as
permitted uses and providing for development standards, and flexibility criteria for
those uses; modifying the accessory use and parking lot surface standards with
regard to community gardens; providing for an exception to parking lot setbacks,
modifying the dock and landscape divisions; modifying the temporary use provisions
with regard to temporary emergency housing; providing for operational standards
pertaining to Community Gardens and Urban Farms; providing standards for
non-contiguous annexations; providing for and modifying various definitions; and
modifying the fee schedule in both the Community Development Code and Code of
Ordinances with regard to tree permits. (TA2014-00003)
9.23Adopt Ordinance 8674-15 on second reading, annexing certain real property whose
post office address is 2905 Gulf to Bay Boulevard, Clearwater, Florida 33759, into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
9.24Adopt Ordinance 8675-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 2905 Gulf to Bay Boulevard, Clearwater,
Florida 33759, upon annexation into the City of Clearwater, as Institutional (1).
9.25Adopt Ordinance 8676-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2905 Gulf to Bay
Boulevard, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as
Institutional (1).
10. City Manager Verbal Reports — None.
11. City Attorney Verbal Reports — None.
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11.1 Update on performance milestones on K and P Clearwater Estate development
agreement.
Sections 10.d) and e). of the First Amendment to the First Amended and
Restated Development Agreement states as follows:
Developer shall be entitled to immediate payment of the entire balance of
the escrow account, if on or before February 12, 2015:
1) Developer closes on a construction loan for project
construction;
2) Developer has commenced construction of the project; and
3) Developer has entered into a Management Agreement with
a Hotel/Resort manager who meets the following criteria:
a. Demonstrated experience managing beach resort
facilities;
b. Demonstrated experience managing quality facilities
with 4 star attributes;
c. Demonstrated experience managing facilities that
participate in Flag hotel franchise programs;
d. Demonstrated experience managing hotel facilities
with large volume food and beverage operations;
and
e. Demonstrated experience managing
group/convention sales efforts for resort facilities.
e) If the Developer does not close on the construction loan and
actually commence construction on or before February 12, 2015, or if
Developer does not make a timely escrow deposit as required herein; or if
Developer does not enter into a Management Agreement with a Hotel/Resort
manager who meets the above criteria on or before February 12, 2015, City
shall be entitled to immediate distribution of the escrow deposit upon its
demand to the Escrow Agent and the extension of the term of the
Development Agreement will terminate.
The City Attorney said the building permit is ready to be pulled. The Developer
has selected Wyndham as the management entity and has provided staff with
copies the Agreement. Condition number 1 has not occurred. Staff will provide
an update at Thursday's council meeting regarding the status of the
construction loan.
In response to questions, the City Attorney said the Developer has been
working on the construction loan for some time. There is no hardship, a
mechanical issue that will may take another 90 days. The foundation permit
has been pulled and the foundation is under construction. The Developer has
until February 12, 2015 to close on the construction loan, or they will be in
default of the agreement. The Developer has not requested an extension. If
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the Developer defaults, the $3 million in escrow will be lost.
12. Council Discussion Item
12.1 Homelessness Funding - Mayor Cretekos
Discuss request to increase funding commitment for Safe Harbor.
Mayor Cretekos reviewed the letter signed by St. Petersburg Mayor Rick
Kriseman and himself requesting other local municipalities to reconsider
increasing their funding contributions. Clearwater has been very
responsive to Safety Harbor and other similar agencies, no further
action is needed of the City.
12.2Proposed Modification to Clearwater Sign Code as Recommended by Streetsense -
Councilmember Jonson
Councilmember Jonson requested consideration to amend the City's
Community Development Code to allow lighting to shine down on the
awning. The prohibition of underside lighting will be maintained.
Planning and Development Director Michael Delk said staff supports the
proposed amendment.
There was council consensus to amend the City's sign code to allow the
lighting.
Staff was directed to draft a proposed ordinance allowing illumination of
the exterior of the awning.
13. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
14. Closing Comments by Mayor
15. Adjourn
The meeting adjourned at 2:35 p.m.
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